GRANGE SOLAR, LLC
Logan County
Village of Russells Point
Bloomfield, McArthur, Richland, Stokes and Washington Townships
Case No. 24-0801-EL-BGN October 2024
Grange Solar, LLC
315 E Main Steet
Russells Point, Ohio 43348
Figure 1
Figure 2
Figures
Project Schedule
Project Area Map
Figure 3 O&M Facility Map
Figure 4 Study Area Map
Figure 5 Constraints Map
Figure 6 Public Officials List
Figure 7 Aviation Map
Figure 8 Water Resources Map
Figure 9 Geological Features Map
Figure 10 Ecological Features Map
Figure 11 Land Use Map
Figure 12 Table of Structures Within 1,500 feet of Generation Equipment
Figure 13 Table of Property Lines Within 1,500 feet of Generation Equipment
Figure 14 Table of Structures within 250 feet of Associated Facilities
Figure 15 Table of Property Lines within 250 feet of Associated Facilities
Figure 16 Land Use Impacts Table
Figure 17 Population Table
Figure 18 Landmarks Map
Figure 19 Agricultural Resources Map
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Exhibits
Exhibit A Preliminary-Maximum Site Plan
Exhibit B Representative Component Models
Exhibit C Vegetation Management Plan
Exhibit D Grazing Plan
Exhibit E Interconnection Reports
Exhibit F Economic Report
Exhibit G Summary of Public Outreach
Exhibit H Complaint Resolution Program
Exhibit I Transportation Assessment
Exhibit J Decommissioning Plan
Exhibit K General Construction Permit
Exhibit L Stormwater Analysis
Exhibit M Solid Waste Analysis
Exhibit N Aviation Analysis
Exhibit O Noise Study
Exhibit P Geology/Hydrogeology Report
Exhibit Q Grading Plan
Exhibit R Wind Analysis
Exhibit S Radio and TV Analysis
Exhibit T Radar Analysis
Exhibit U Microwave Analysis
Exhibit V Surface Water Delineation
Exhibit W Wildlife Study
Exhibit X Ecological Impact Assessment
Exhibit Y Cultural Methodology
Exhibit Z Historic Resources Study
Exhibit AA Archaeology Study
Exhibit BB Visual Resources Assessment
Exhibit CC Landscape Plan
Exhibit DD Drain Tile Assessment
Exhibit EE Preliminary Agricultural Soils Protection Plan
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Summary
The Project
Grange Solar, LLC submits this application to the Ohio Power Siting Board for a Certificate of Environmental Compatibility and Public Need for the Grange Solar Grazing Center in Logan County, Ohio. The project is a combination solar electric generation facility and sheep grazing operation covering about 2,600 acres in Bloomfield, McArthur, Richland, Stokes and Washington Townships, which will be controlled from an operations and maintenance facility in the Village of Russells Point.
Fenced fields of ground-mounted solar panels will generate up to 500 megawatts of badly needed power for the public, which will be delivered through buried cables to a new electric substation. The power then will be delivered to an existing transmission line owned by AEP, which will build its own new substation next to the project to receive the power. The grazing operation will be the primary means of managing the extensive vegetation at the project, and may eventually accommodate 5,000 to 7,500 head of sheep.
Sheep Grazing
Except for the Russells Point operations and maintenance facility, the land on which the project will be located is almost entirely in row crop production. Co-location of the solar panels with sheep grazing is an efficient use of land because the vast majority of it will be open space between, around and under the solar panels that is fully vegetated. This approach also allows the land to remain in agricultural production during the life of the project while providing local livestock producers a unique opportunity to access new pasture and earn revenue from a new kind of agricultural service.
Apart from providing land and revenue to local producers, this combination of land uses takes advantage of several natural synergies between solar energy and sheep, including: (1) solar facilities are fully vegetated to retain soil and control run-off, but must manage the vegetation so that it does not block the sun from reaching the solar panels; (2) sheep foraging is ideal for managing solar facility vegetation because the docile sheep do not damage the equipment and can easily can reach vegetation under and around the equipment; (3) the solar facility’s perimeter fences also serve to confine the sheep and exclude predators; and (4) the solar panels provide the sheep shade from the sun, which reduces their water consumption, and provides cover during inclement weather.
Economic Benefits
The project represents an investment of hundreds of millions of dollars in the region’s economy. Its construction will provide meaningful employment for hundreds of workers and construction-related spending will provide a significant boost to area retail businesses. The project’s operation will provide new substantial revenue to local taxing entities of about $5 million each year, many times that of the current, agricultural-only use. The project also will become the largest single taxpayer in the county, without requiring costly county services in return. Payments to landowners hosting the project, neighbors who participate in the Good Neighbor Program (discussed below), and payments to local sheep producers will provide welcome income that further supports local businesses. The project also is
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making $10 million in donations to local emergency responders, local non-profit organizations and for the restoration and on-going maintenance of a portion of the Great Miami River.
Power Supply
Grange will provide much needed power to a region facing an increasingly urgent shortfall. Ohio is part of the regional power grid known as “PJM,” which is warning that demand for its power will soon outpace the supply, predicting a shortfall of nearly 4,000 megawatts or “MW” by 2029 and 8,000 MW by 2034. In Ohio which already imports roughly 20% of its electricity from other states and Canada a generation shortfall in PJM could increase energy costs for Ohioans in the short term. The situation may soon risk blackouts on days when the power grid is particularly taxed, such as during cold winters. In the long term, energy-intensive industries that Ohio works hard to attract may decide to take their business elsewhere. Thus, Grange would contribute 500 MW of clean, reliable power right when the region needs it most.
Appearance
The appearance of the project to neighbors and travelers will be enhanced by using certain design features, incorporating substantial setbacks and establishing robust perimeter landscaping. Equipment within the fields of solar panels will not exceed 15 feet in height during normal operation. The fence will be an agricultural style (woven wire; no chain link or barbed wire). The project will be dark at night because it will not produce electricity then; the few lights, such as at gates, will only be lit when in use, which will be rare.
Solar panels will be placed so as to comply with the State’s new, stringent setbacks for solar facilities, which are as follows:
“The facility design is to incorporate a minimum setback from the project’s solar modules of (i) at least 50 feet from non-participating parcel boundaries, (ii) at least 300 feet from non-participating residences existing as of the application filing date, and (iii) at least 150 feet from the edge of pavement of any state, county, or township road within or adjacent to the project area.”
Note that the 300-foot minimum setbacks for homes is the length of a football field. Importantly, this is the minimum setback most homes will be far more than 300 feet away from solar panels. In addition, the nearest solar panels will be about 2,000 feet away from Indian Lake
Existing trees and bushes that screen parts of the project will be largely left in place. Perimeter landscaping consisting of trees, bushes and pollinator-attracting species also will be added as needed outside the fence. Landscaping will be particularly robust near homes, including a mix of deciduous and evergreen trees designed to blend in with the existing landscape
Natural Features
The fields of solar panels will avoid wetlands and steams with a buffer of at least 120 feet, which is the distance recommended by the Ohio Department of Natural Resources. Out of the approximately 2,600-
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acre area where the solar panels will be constructed, only a maximum of about 13 acres of trees or bushes will be removed. The acres of perimeter trees and bushes added to enhance the project’s appearance will be more than the acres of vegetation removed. Land that currently is planted with row crops annually will be converted to deep-rooted pasture species and maintained for the life of the project.
Drainage
During construction, the project will adhere to the Ohio Environmental Protection Agency’s permit for erosion and sediment control for construction activities, which requires the implementation of a comprehensive and detailed Stormwater Pollution Prevention Plan. During operations, and based on the agency’s guidance for solar facilities and watershed modeling reported in the application, the project is expected to reduce run-off from rain compared to the current farm fields.
The application includes preliminary maps of subsurface drain tile in the area, which is substantial. For most parts of the project, the existing drain tile system will be decommissioned and a new one designed in concert with the solar facilities, which will then be installed and maintained throughout the life of the project. Applicant has been in touch with and its plans will be coordinated with the Logan County Engineer and Logan Soil and Water Conservation District. As referenced below, an agreement also is being offered to all adjacent farmers that would directly involve them in addressing any drain tile that crosses into their fields.
Noise
The operation of the solar equipment will not create bothersome noise for neighbors. The only equipment in the fields of solar panels that will produce any appreciable noise (called inverters) will be at least 500 feet from homes. The minimal sound they make will meet the State of Ohio’s new, stringent requirements for all solar facilities, which are as follows:
“The facility shall be operated so that its daytime and nighttime noise contributions do not result in noise levels at any non-participating sensitive receptor within one mile of the project boundary that exceed the greater of 40 dBA or the project area ambient daytime and nighttime average sound level (L50) by five A-weighted decibels (dBA).”
The Ohio Power Siting Board treats all homes and other occupied buildings as “sensitive receptors.” According to the non-profit Center for Hearing and Communication, 40 dBA is the sound level of a quiet residential area or a library.
Good Neighbor Program
Grange appreciates that the construction of the project will be temporarily inconvenient for nearby neighbors, particularly homeowners. These neighbors also often desire to know with confidence what may be built near them (that is, clear and reliable information on subjects such as setbacks, fencing,
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landscaping, lights, etc.). It is also helpful for both Grange and its neighbors to have an open channel of communication for exchanging information and raising any concerns. For these reasons, Grange has offered its immediate neighbors with homes to enter into a Good Neighbor Agreement that addresses all of these subjects. It also provides homeowners with financial support to plant their own landscaping and reduce their home energy costs. The agreement encourages full participation in the public permitting process for the project. The agreement is the same for everyone who is eligible and is posted on the project’s website. Grange also is inviting renters of adjacent homes and farmers who own adjacent fields to enter into analogous agreements.
Decommissioning
As required by the State of Ohio’s new, stringent regulations, the project will be decommissioned at the end of its useful life, which is expected to be 40 years. As required by this program, (1) a detailed plan for decommissioning the project will be submitted to the State and the county engineer prior to the start of construction; (2) the plan will include an estimate, prepared by a licensed engineer, of the cost to decommission the project; (3) the cost estimate will conservatively ignore the potentially significant salvage value of the equipment; (4) a performance bond in the amount of the cost estimate will be posted prior to the start of construction and maintained throughout the life of the project, which will ensure the availability of funds needed for decommissioning; and (5) the plan, the cost estimate and, if necessary, the bond amount will be updated every 5 years during the project’s operation.
Agricultural Land
Although the landowners who are hosting the project may choose, after decommissioning, to continue sheep grazing, Grange will take steps to ensure that the land can be returned to row crop production. The application includes a Preliminary Agricultural Soils Protection Plan, which Grange will revise based on the final design of the project and implement prior to the start of construction.
Among the key commitments that Grange is making in this plan is a comprehensive agricultural soils testing program, as follows:
“Implement a program for the collection of baseline data establishing preconstruction soil conditions for the production of row crops for the agricultural areas within the project area. The program shall establish the relevant characteristics of both topsoil and subsoil . The baseline data shall be derived from field and laboratory testing of soil conditions; including depth, density and quality from representative locations. Laboratory testing shall be conducted by an accredited laboratory. Parameters for assessing soil quality shall include, at a minimum, the following: infiltration rate, bulk density, water holding capacity, pH, percent organic matter, cation exchange capacity, Phosphorous/Phosphate (P), Nitrogen (N), and Potassium/Potash (K). After 30 years of operation and again after 35 years of operation, soil conditions shall be determined for the same sampling locations using the same parameters and the results used to plan soil restoration activities. After
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equipment is removed as part of decommissioning, soil conditions shall be determined for the same sampling locations using the same parameters. Soil restoration activities shall be performed as necessary to return soil conditions to at least baseline conditions.”
In combination with limiting grading at the site, this soil testing and restoration program will ensure that the project’s pasture can be returned to row crop production.
Water Quality and the Environment
As noted above, the project is expected to reduce run-off from the fields because of the establishment of deep-rooted, year-round pasture that will replace annually disturbed fields of row crops. The project’s activities also will be setback from water resources far more than the row crop operations. These features should be of considerable benefit to local water quality because they will eliminate millions of pounds of fertilizer and tens of thousands of pounds of crop-related pesticides and herbicides, much of which currently runs off into streams and wetlands. Pasture that is well-managed through rotational grazing will allow the soil to rest and rejuvenate and improve soil health by storing carbon and other nutrients. In addition, a reduction in row crop inputs combined with pollinator-attracting plant species that will be featured in the perimeter landscaping will benefit a variety of insects, which are critical for agriculture.
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4906-4-01 Purpose and scope.
(A) This chapter sets forth the rules governing standard certificate applications for electric generation facilities, electric power transmission lines, and gas lines.
Response: The application is comprised of a narrative text document supplemented with a series of figures (maps, tables and lists) and exhibits (studies, assessments and reports). The application addresses in full the newly-revised version of Chapter 4906-4 (“Certificate Applications for Electric Generating Facilities”) promulgated by the Ohio Power Siting Board (“OPSB”)
Except where a rule is clearly inapplicable to this application, the narrative repeats the text of the rule and provides a response. Where the rule is inapplicable to the project, the narrative states “Not Applicable” and indicates to what the rule applies parenthetically. In most cases, this is because the rule applies only to electric power lines and/or gas pipelines. For certain rules that do not apply to the application process, and for which repeating the rule would not provide useful context, the narrative states “Post-Certificate Requirement” and indicates the nature of the requirement parenthetically.
(B) The board may, upon its own motion, or upon an application or motion filed by a party, waive any requirement of this chapter other than a requirement mandated by statute
Response: A motion for waivers of certain rules that are not requirements mandated by statute and that Grange Solar, LLC (“Applicant”) does not believe are required for OPSB to evaluate the application has been filed contemporaneously with this application
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4906-4-02 Project summary and applicant information.
The applicant shall provide a summary of the proposed project consistent with that presented at public informational meetings. The summary should be suitable as a reference for state and local governments and for the public. Examples of relevant information for inclusion in the project summary are:
(A) A statement explaining the purpose of the facility.
Response: The purpose of the Grange Solar Grazing Center (“Project”) is to generate clean energy for central Ohio consumers with ground-mounted photovoltaic (“PV”) modules, commonly known as solar panels It will provide “on peak” power when demand is high during mid-day and later afternoon. The Project also will help grow livestock agriculture in Logan County by providing pasture for sheep.
(B) A description of the location, size, acreage, and operating characteristics of the proposed facility.
Response: The Project will be located in northwestern Logan County, including the Village of Russells Point and portions of these townships: Bloomfield, McArthur, Richland, Stokes and Washington.
The total area of the parcels that will host solar panels is about 4,100 acres (“Project Area”). Except for the operations and maintenance (“O&M”) facility in Russells Point, all of the above-ground components of the Project will be fenced with locked gates. The total of the fenced areas containing these above-ground components will occupy not more than about 2,600 acres (“Buildable Area”).
The Project will generate electricity during the day using solar panels. Photons in sunlight will strike the semiconducting material in the solar panels, which will generate direct electric current (“DC”). DC will be converted to alternating current (“AC”) and the voltage will be increased. The power will be delivered by a network of buried lines to an electric substation (“Project Substation”), which will further increase the voltage and deliver the power, through a short transmission line, to a new utility substation to be owned and operated by AEP Transmission Company, LLC (“AEP”). A small supervisory control and data acquisition (“SCADA”) structure will be co-located with the Project Substation. The utility substation will supply the power to the existing Marysville-Sorenson 765 kV transmission line owned and operated by AEP (“Transmission Line”).
The vegetated areas within all fences, except for the Project Substation, will be pasture for sheep. After an initial transition period of up to five years, rotational sheep grazing is planned as the primary means of vegetation control.
(C) A discussion of the suitability of the site or route for the proposed facility.
Response: The Project Area is well-suited for the Project because it is (1) close to the Transmission Line, to which power can be economically supplied to the region; (2) level and mostly clear of
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vegetation; (3) has been disturbed annually for many years by row crop farming; and (4) can grow high-quality sheep pasture.
(D) A description of the applicant's history, affiliate relationships, and current operations, and a description of the entity that will construct and operate the facility, if different from the applicant.
Response: Grange Solar, LLC (“Applicant”) is owned by Radiant Planet Renewable Energy, LLC, which in turn is a joint venture partnership between Eolian, L.P. (“Eolian”) and Open Road Energy, LLC, an affiliate of Open Road Renewables, LLC (Open Road Energy, LLC and Open Road Renewables, LLC, together, “Open Road”) (Eolian and Open Road, together, the “Partners”).
Eolian is one of the most experienced private renewable energy investors in the U.S. with successful investments to date in thousands of MW of operating energy projects. Open Road is a focused developer of utility-scale solar projects whose principals successfully originated operating solar projects in Ohio, California, Virginia, Maryland, and Texas.
The Partners are developing a number of solar projects throughout the multi-state regional transmission area served by PJM Interconnection, LLC (“PJM”). Eolian’s and Open Road’s principals have collaborated on many energy projects for more than a decade.
Applicant plans to contract with other companies to construct and operate the Project, but has not yet identified them.
(E) For a proposed electric generation facility, a description of any plans for future additions of electric power generation units for the site and region (including the type and timing) and the capacity anticipated for the site.
Response: Applicant seeks a Certificate to construct and operate the Project at up to 500 Megawattalternating current (“MW-ac”) in generating capacity. Applicant has studied the possibility, but has no current plans, to seek to add generating units or increase the generation capacity for the Project Area. Any future plans to use land outside the Project Area would be the subject of a separate application. Wholly apart from the Project, the Partners are pursuing other solar energy opportunities in the wider region
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4906-4-03 Project description in detail and project schedule in detail.
(A) For all applications:
(1) In addition to the requirements specific to the projects described herein, applicants shall provide a proposed project schedule in Gantt chart format covering all major project activities and milestones. Examples of scheduling information for inclusion are the timing of the:
(a) Preparation of the application.
(b) Acquisition of rights-of-way, land, and land rights.
(c) Submittal of the application for certificate.
(d) Issuance of the certificate.
(e) Preparation of the final design.
(f) Construction of the facility.
(g) Placement of the facility in service.
(h) For a proposed electric power transmission line or gas pipeline, receipt of grid interconnection studies and other critical path milestones for project construction.
Response: A proposed project schedule is provided in Figure 1 – Project Schedule
(2) Describe the proposed construction sequence.
Response: The expected sequence of construction of the Project is as follows, although some tasks will necessarily overlap and specific construction tasks may be intermittent rather than continuous, and changes may be made as part of final engineering and design:
(1) survey and mark sensitive areas, perimeters, foundations for roads, and equipment locations;
(2) install perimeter erosion control measures;
(3) construct any structural stormwater controls;
(4) clear limited vegetation;
(5) install perimeter fencing;
(6) create temporary laydown yards;
(7) install construction trailers;
(8) construct entrances and access roads;
(9) install temporary power;
(10) delineate temporary storage and construction areas;
(11) install foundations (Project Substation, SCADA, inverters, and pyranometers);
(12) install the Project Substation and SCADA;
(13) install inverters;
(14) drive piles and install racking;
(15) install solar panels;
(16) plant temporary vegetation for stabilization;
(17) install/bury collection lines;
(18) install pyranometers;
(19) remove laydown yards and construction trailers;
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(20) install lighting and signage;
(21) plant permanent ground vegetation (throughout);
(22) establish perimeter landscaping;
(23) renovate and equip O&M facility (existing building); and
(24) clean-up and demobilize.
(3) Provide a description of the project area. Examples of relevant project area information include: geography, topography, population centers, major industries, and landmarks, including.
(a) A map of not less than at least 1:24,000 scale, submitted in a shapefile or geodatabase, including the area one thousand feet on each side of the proposed facilities for electric power transmission lines and gas pipelines, or a two-mile radius from the project area for a generation facility. Examples of information that should be included in the map include:
(i) The proposed facilities, route corridor, and potential right-of-way-extents.
(ii) Roads and railroads.
(iii) Major institutions, parks, and recreational areas that are publicly identified and publicly owned.
(iv) Existing gas pipeline and electric power transmission line corridors.
(v) Named lakes, reservoirs, streams, canals, and rivers.
(vi) Population centers and legal boundaries of cities, villages, townships, and counties.
(vii) Sensitive receptors within 500 feet of the route or site (such as occupied buildings).
(viii) The area, in acres, of the proposed site or right-of-way for the facility, the length of the electric power transmission line or gas pipeline, in miles, and the number of properties crossed by the facility.
Response: The Project Area is south of Indian Lake. It is bisected by State Route 274 (running roughly east-to-west) and State Highway 235 (running roughly north-to-south). The topography is generally level. In addition to Russells Point, nearby towns are Lakeview, Huntsville, Lewistown, and Bloom Center. Among the industries in the area are a Honda manufacturing plant, two quarries, and lake-related tourism businesses. Among the landmarks in the area are the Transmission Line, Indian Lake schools and the Great Miami River. The solar panels nearest to the lake will be about 2,000 feet away.
A map with the above information is provided in Figure 2 – Project Area Map. With regard to subsection (a)(i), the map reflects the proposed solar infrastructure from the Preliminary Maximum Site Plan (discussed below). Information addressed in subsection (a)(viii) is not included because it is not applicable to the Project.
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(4) Describe the projects proposed installation methods. Examples of relevant information include:
(a) The proposed site clearing, construction methods, and reclamation operations, including:
(i) Surveying and soil testing.
(ii) Grading and excavation.
(iii) Construction of temporary and permanent access roads and trenches.
(iv) Stringing of cable and/or laying of pipe.
(v) Installation of electric transmission line poles and structures, including foundations.
(vi) Post-construction reclamation.
Response: The Project will be installed using methods common in the construction industry and, in particular, the utility-scale solar industry. A land survey following standard procedures published by the American Land Title Association to precisely locate all property lines will be completed as part of final design and engineering and in advance of construction. Soil testing will be conducted as needed to complete the final geotechnical work and, as discussed below in connection with the Preliminary Agricultural Soils Management Plan (Exhibit EE), to create a baseline as part of Applicant’s program to responsibly manage agricultural soil. Limited grading (as addressed in the Exhibit Q – Grading Plan, below), building foundations for the Project Substation, constructing (unpaved) access roads, creating temporary laydown yards, and creating pads for inverters will be accomplished using typical vehicles and equipment used for those activities, such as dump trucks, backhoes, graders and cranes. Methods to bury collection lines will include trenchers and horizontal directional drilling rigs. Transmission line poles and structures are expected to be installed with the equipment typical for the electric utility industry, including drill rigs and cranes. Post-construction reclamation is expected to be accomplished largely with dump trucks and landscaping vehicles and equipment.
(b) Provide the layout of facilities. Examples of relevant information include:
(i) NOT APPLICABLE (pipelines and transmission lines)
(ii) Reasons for the proposed layout and any unusual features.
Response: A preliminary layout of the facilities is provided in Exhibit A – Preliminary Maximum Site Plan The Preliminary Maximum Site Plan depicts fixed-tilt racking, but the final design may use fixed-tilt racking, single-axis tracker racking or a combination. Panels on fixed-tilt racking will be in east-to-west running rows and remain in one position, and panels on single-axis tracker racking will be in north-to-south running rows and rotate east-to-west during the day. Regardless of the type of
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racking, the Buildable Area represents the maximum area of disturbance for surface structures, except for the O&M facility. The location of the O&M facility in Russells Point is shown on Figure 3 –O&M Facility Map
The reasons for this layout are that it generates power near the Transmission Line, uses almost exclusively previously-disturbed land, avoids almost all trees and generally avoids sensitive landscape features like wetlands. The layout does not include any features that are unusual for a combined utility-scale solar facility and sheep grazing operation.
(iii) Plans for any future modifications in the proposed layout, including the nature and approximate timing of contemplated changes.
Response: Applicant currently has no plans to modify the layout, but does plan to provide a final layout, within the maximum extents shown on the Preliminary Maximum Site Plan (Exhibit A) based on equipment selection and final design and engineering.
(5) The filing requirements in this chapter are subject to any redactions that are necessary to protect critical energy infrastructure information and other facility information that is protected from public disclosure.
Response: Applicant is not aware at this time of any redactions needed to protect critical energy infrastructure information.
(B) For a proposed electric generation facility:
(1) Confirm that an interactive map on the project’s website containing a one-mile radius from the project area and showing the features listed in rule 4906-4-03(A)(3)(a) of the Administrative Code was posted at least fourteen days before the first public informational meeting under rule 4906-3-03 of the Administrative Code and that such map will be updated and maintained until construction completes.
Response: The required interactive map was posted on the Project’s website at least 14 days before the first public information meeting (“PIM”). Applicant plans to update and maintain the map to reflect any significant changes until the end of construction.
(2) Provide the area, in acres, of all owned and leased properties that will be used for construction and/or operation of the facility, and the number of properties.
Response: The total number of parcels that are leased or will be owned and that will be used for construction or operation of the Project is 53. The total number of acres of those parcels is about 4,117. (These figures do not include the parcel for the O&M facility.)
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(3) Provide, in as much detail as is available at the time of submission of the application, indicative examples of each generation equipment alternative, where applicable. Examples of relevant specifications include (subject to revision and update):
(a) Type, number of units, estimated net demonstrated capacity, heat rate, annual capacity factor, and hours of annual generation.
Response: The Project will generate electricity with conventional solar panels, which will be affixed to racking, and convert that electricity to alternating current using inverters. At this time, it is not possible to identify the specific models of equipment that will be used. The racking will be mounted on metal piles driven or rotated into the ground in long rows. The rows generally will follow the existing topography in the Buildable Area, which is quite level, with some areas made more level with limited grading.
The Project is expected to use in the range of 812,000 to 1,806,00 solar panels, depending on final engineering and design considerations such as the DC-to-AC ratio and their power output rating. There is no heat rate associated with solar panels because they generate electricity without combusting fuel
Depending on the models of racking and solar panels used, the Project’s annual net capacity factor is expected to be 23% to 25%, which would generate an estimated range of 1,007,000 to 1,100,000 megawatt-hours (“MWh”) of electricity annually, with an expected 0.5% annual decline.
The Project will operate 8,760 hours per year, although it will produce no electricity at night (other than possible reactive power support to improve grid performance) and little to none during periods of heavy clouds and significant snowfall.
(b) The Indicative manufacturers, models, specifications, and material safety data sheets for all solar panels, inverters, racking systems, wind turbine models, and all other material components. The actual component information shall be provided when selected and prior to commencement or construction and shall not cause an increase in impacts associated with the preliminary maximum site plan. In the case of a wind farm, final component selections shall not exceed the disclosed maximum turbine hub height, tip height, rotor diameter and blade length. selected for the facility. For wind farms, this includes the turbine hub height, tip height, rotor diameter, and blade length for each model under consideration.
Response: Documentation, including safety information where available, of the indicative models of solar panels, racking and inverters, which are the material components of the Project, are provided in Exhibit B – Representative Component Models These models were used in the preparation of the Preliminary Maximum Site Plan (Exhibit A). The models of components selected for the final design will be provided prior to the start of construction, and will not cause an increase in impacts compared to the Preliminary Maximum Site Plan (Exhibit A)
(c) Fuel quantity and quality (i.e., ash, sulfur, and British thermal unit value).
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Response: The Project will not combust fuel to generate electricity.
(d) A list of types of pollutant emissions and estimated quantities.
Response: The Project’s generation of electricity will not create air pollution emissions.
(e) Water volume requirement, source of water, treatment, quantity of any discharge and names of receiving streams.
Response: The Project’s generation of electricity will not consume water, treat wastewater or discharge wastewater to any receiving streams.
(4) Describe, in as much detail as is available at the time of submission of the application, relevant information as to the construction method, site preparation and reclamation method, materials, color and texture of surfaces, dimensions, and structures included to assure safe operation of all facility components. Examples of relevant information include:
Response: For several reasons, the land that will host the equipment will require relatively little work to prepare it for construction. The vast majority of the Project Area (and Buildable Area within it) consists of previously and regularly disturbed land because it has been actively farmed for years. Also, the design of the solar fields obviates the need to remove the vast majority of the trees and bushes in the Project Area. Finally, relatively limited grading compared to traditional construction will take place because the Project Area is quite level and the rows of solar panels will largely conform to the existing topography.
Specific methods to be used to remove a limited amount of trees and bushes and perform a limited amount of grading have not been determined, but will be standard, accepted methods for the commercial construction industry. As provided in the preliminary Exhibit C – Vegetation Management Plan, the vast majority of the land surface within each solar field, including almost all of the land below the solar panels themselves, will be planted with vegetation to establish pasture.
(a) Electric power generation plant or wind-powered electric generation turbines, including towers and foundations.
Response: DC will be generated by solar panels and converted to AC by inverters. Metal piles will be driven about 8 to 10 feet deep with small pile-driving devices. Metal racking will be mounted on the piles. Solar panels will be manually affixed to the racking. The inverters are expected to be installed on small foundations consisting of gravel pads, poured concrete, prefabricated concrete pads, or metal skids.
Solar panels are expected to be a dark color, such as black, possibly with gray or silver aluminum frames, and have smooth surfaces. Inverters are expected to be a medium color such as gray, offwhite, or a “metallic” color and generally have smooth surfaces.
The maximum height of the solar panels and inverters will be 15 feet during normal operations.
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(b) All proposed storage facilities, including those for fuel, waste, water, and hazardous chemicals.
Response: The construction of the Project may include the temporary storage at laydown yards of relatively small amounts of diesel fuel, gasoline, lubricating oil, hydraulic oil, or similar materials for construction vehicles and equipment. The operation of the Project will not include any storage facilities, including those for fuel, waste and hazardous chemicals, except for storage related to sheep grazing, which may include water.
(c) All proposed processing facilities, including those for fuel, waste, water, and hazardous chemicals.
Response: The Project will not include any processing facilities, including those for fuel, waste, water or hazardous chemicals
(d) Water supply, effluent, and sewage lines.
Response: The Project will not include any sewage lines or generate any effluent. Water for the sheep grazing operation may be drawn from existing or new on-site wells.
(e) Associated electric collection, transmission and distribution lines and gas pipelines.
Response: Collections lines running along the back and/or below the racking and/or buried will deliver low-voltage DC from the solar panels to the inverters. For the buried portions, these lines are expected to be installed via trenching or hydraulic directional drilling (“HDD”). These lines are typically mostly black in color and have a smooth surface.
Buried collections lines will deliver medium-voltage AC from the inverters to the Project Substation. These lines are expected to be installed mostly via HDD.
In locations where existing subsurface drain tile lines are not decommissioned and replaced by new systems, buried electric lines will be placed so as to avoid drain tile where practicable. Generally speaking, HDD lines can be placed below sensitive surface features, such as roads, wetlands, and drain tile.
A short transmission line (“Gen-tie”) will deliver high-voltage AC to the new utility substation. The line will have the appearance of a typical electric transmission line (such as gray and/or silver in color).
The Project will not include any gas pipelines.
(f) Substations, switching substations, and transformers.
Response: The Project Substation will increase the voltage from 34.5 kV to 765 kV using one or more transformers. Several components will be of varying heights typical of similar electric
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substations throughout Ohio, but the maximum height is expected to be a dead-end structure, which may be approximately 175 feet high. Most of the components are expected to be gray, offwhite, or “metallic” color and generally have smooth surfaces.
Medium voltage transformers that increase the voltage produced by the solar panels to 34.5 kV also will be part of, or co-located with, the inverters.
(g) Temporary and permanent meteorological towers.
Response: The Project is expected to include up to 32 pyranometers, with a maximum height of 15 feet, and fitted with various meteorological instruments. These will be placed on small foundations, such as a concrete pad, gravel pad or metal skid, or may be directly installed without a foundation.
(h) Transportation facilities and proposed upgrades, access roads, and crane paths.
Response: Access roads will connect public roads to gates and gates to inverters, as well as provide general ingress and egress within the fences and access for emergency vehicles. Access roads will generally be a maximum of 16 feet wide. The Project will not include any transportation facilities or crane paths.
(i) Construction laydown areas.
Response: Most solar fields will include a construction laydown area and generally will be located near gates and public roads. Illustrative locations for these laydown areas are provided in the Preliminary Maximum Site Plan (Exhibit A).
(j) Security, operations, and maintenance facilities or buildings.
Response: Security for the surface components and sheep (from predators) will be provided by an agricultural-style, 7-foot high perimeter fence. It will be made of woven wire and not equipped with barbed wire or other type of anti-climbing device Cameras may be used for security and operations. Lights will be located only at gates, inverters, and the Project Substation, and will be downward facing and operate only when in use.
The SCADA structure will perform certain operations functions, but a staffed O&M facility also will be located in Russells Point at a location that is about the center point of the generating infrastructure.
(k) Other pertinent installations.
Response: The Project will include sheep pasture for the vast majority of the ground within the solar fields. Within the fences of the solar fields, most of the land surface will not be occupied by any above-ground components, but will be open ground. The open space is necessary to minimize shading between rows of solar panels and provide room for vehicle and worker access. The open ground surface, as well as the ground surface under the solar panels themselves, will be planted
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with robust, non-invasive vegetation that will be maintained over the life of the Project. Applicant’s preliminary plans for ground vegetation within the fences are provided in the Vegetation Management Plan (Exhibit C)
The Project will produce not only energy, but serve the complementary use of providing pasture for sheep grazing. After an initial transition period of up to 5 years, the predominant means of vegetation control will be sheep grazing, supplemented by mechanical cutting, for as long as local sheep grazers are available and interested in providing such services and as long as such services are cost effective. This aspect of vegetation management will continue the agricultural use of the land throughout the operating period of the Project. More information is provided in Section 4.2.2.1 of the Vegetation Management Plan (Exhibit C) Applicant’s preliminary plans for sheep grazing are provided in Exhibit D – Grazing Plan.
(C) NOT APPLICABLE (pipelines and transmission lines)
(D) NOT APPLICABLE (transmission lines)
(E) NOT APPLICABLE (pipelines)
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4906-4-04 Project area selection and site design.
(A) The applicant shall describe the selection of the project 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.
Response: The study area considered for development of the Project was the corridor of land within several miles on each side of the portion of the Transmission Line that lies east of I-75 and west of Marysville. This area was selected because Applicant’s preliminary studies indicated that delivering power to the Transmission Line would be cost-effective, the area is close to Columbus and Dayton (which consume significant power), the solar resource is relatively good for Ohio, and a sufficient amount of open and level land was available to accommodate a facility sufficiently large to economically supply power to the Transmission Line
(2) The applicant shall provide a map of suitable scale that depicts the boundary of the study area and the general sites which were evaluated.
Response: A map of the study area is provided in Figure 4 – Study Area Map.
(3) 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.
Response: After proximity to the Transmission Line, the location of the Project largely was determined by the following siting criteria. First, most of the land needed to be relatively level, cleared, and usually dry. Second, the land needed to be contiguous to or close to other, similarly suitable parcels. Third, Applicant sought to minimize impacts to sensitive ecological features such as streams, wetlands, and wildlife habitat. Finally, community acceptance of the Project played a factor, as property owners made individual decisions whether to host part of the Project. Applicant also solicited and considered input from local residents and public officials. These criteria were not assigned particular weights; rather, each played a role in determining the location of the Project.
(4) The applicant shall provide a description of the process by which the applicant utilized the siting criteria to determine the proposed project area and any alternative area(s).
Response: As noted above, the threshold factor in determining the study area was the identification of the Transmission Line as a promising point of interconnection. Having made this determination, the siting process used was to determine the desired location of the Project Area, within that study area, based on the more parcel-specific criteria set forth above.
(5) The applicant shall provide a description of the project area(s) selected for evaluation, and the factors and rationale used by the applicant for selecting the proposed project area and any alternative area(s).
Response: The Project Area was initially selected as the most promising area within the study area to develop the Project, and positive interest from landowners in the Project Area led Applicant to select it to pursue development of the Project in the Project Area.
(B) The applicant shall describe the process of designing the facility layout.
(1) The applicant shall provide a constraint map showing setbacks from residences, property lines, utility corridors, and public rights-of-way, and any other constraints of the site design.
Response: A map showing the above constraints is provided in Figure 5 – Constraints Map.
(2) The applicant shall provide a description of the criteria used to determine the facility layout and site design, and a comparison of any site design alternatives considered, including equipment alternatives where the use of such alternatives influenced the site design.
Response: The Project was designed with interested landowners to accommodate solar panels that will produce electricity economically while also accounting for a variety of site-specific constraints. The specific parcels chosen to host the Project reflect the same factors that favored the Project Area within the larger study area:
(1) relatively level, cleared, and usually dry;
(2) close to other parcels that would be part of the Project ; and
(3) avoidance or minimization of impacts to sensitive features (such as streams, wetlands and larger blocks of potential wildlife habitat).
Also, the layout necessarily was significantly influenced by the decisions of individual property owners whether to participate in the Project. It also was influenced by the decisions of individual landowners participating in the Project about whether to make all or a portion of particular parcels available for solar facilities. Some landowners chose to continue farming some portions of their land.
Because ground-mounted solar panels are modular in nature, they are well-suited to accommodate a variety of constraints. It was not necessary, therefore, for Applicant to consider alternative site designs or equipment. Rather, within the Project Area, it was merely necessary for the Project to conform to the various constraints.
(3) The applicant shall provide a description of how many and what types of comments were received.
Response: As explained further in the Exhibit G – Summary of Public Outreach (discussed below), prior to the first PIM, Applicant reached out to landowners adjacent to and near the Project Area to brief them on the Project and receive their feedback. This outreach included providing maps that
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incorporated Applicant’s proposed minimum setbacks and perimeter landscaping, as well as the decisions by the participating landowners to keep certain fields in cultivation. In advance of the PIM, Applicant had a number of individual meetings and calls with potential future neighbors of the Project to provide more information about the Project and receive feedback about the Project’s proposed design.
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Grange
4906-4-05 Electric grid interconnection.
(A) NOT APPLICABLE (pipelines and transmission lines)
(B) Additional examples of relevant information requirements for electric generation facilities include:
(1) A description of how the facility will be connected to the regional electric grid.
Response: The Project will be connected to the Transmission Line through a new utility substation to be owned and operated by AEP. A short Gen-tie will connect the Project to a new utility substation that will be subject of a separate application to the OPSB.
(2) Information on interconnection of the facility to the regional electric power grid, including:
(a) Information relating to their generation interconnection request, including interconnection queue name, number, date, and website.
(b) System studies on their generation interconnection request, including, but not limited to, the feasibility study and system impact study.
Response: Applicant applied in March 2020 to PJM to interconnect 500 MW-ac of solar generation to the AEP transmission system, which PJM assigned Queue No. AF2-137. Information on the queue position is available at:
https://www.pjm.com/planning/service-requests/serial-service-request-status
PJM issued its feasibility study report in July 2020 and its system impact report in February 2021, copies of which are attached as Exhibit E – Interconnection Reports. Based on these reports and its own transmission analysis, Applicant believes that the Project can be constructed and economically operated at 500 MW-ac. Applicant signed the services agreement pursuant to which PJM is conducting the facilities study for the Project, and paid the required fee, in March 2021. A copy of the receipt for the fee is included with the Interconnection Reports.
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4906-4-06 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.
Response: Applicant does not currently own any land to be used for the Project, but will acquire ownership of certain parcels prior to the start of construction. Most of the land to be used for the Project will not be owned by Applicant, but will be subject to temporary (less than 50 years) land rights, such as a long-term lease. Applicant will acquire ownership of all of the structures and equipment to be used for the Project after the completion of final engineering and design and prior to the start of construction.
(B) The applicant shall provide information regarding construction costs. Examples of relevant construction cost information include:
(1) Estimates of applicable capital and intangible costs for the facility and various applicable alternatives that is classified according to 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, capital and intangible costs classified in the accounting format ordinarily used by the applicant in its normal course of business). Examples of relevant cost estimates include:
(a) Land and land rights.
(b) Structures and improvements.
(c) Substation equipment.
(d) Poles and fixtures.
(e) Towers and fixtures.
(f) Overhead conductors.
(g) Underground conductors and insulation.
(h) Underground-to-overhead conversion equipment.
(i) Pipes.
(j) Valves, meters, boosters, regulators, tanks, and other equipment.
(k) Right-of-way clearing and roads, trails, or other access.
(l) Any other material cost items.
Response: The Project’s total estimated capital and intangible costs are expected to be approximately $1,025/kilowatt (“kW”), inclusive of intangible costs and dependent on the models of solar panel, racking, and inverters used. These estimated costs, which are comprehensive and account for the components identified in (a) through (l) above, are broken out by industry-standard categories below.
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Applicant plans to invest approximately $500 million to develop and construct the Project. Development costs include business expenses, permitting expenses, and general overhead. Construction costs include equipment, onsite labor, site preparation, establishing vegetation, perimeter landscaping and fencing, drainage system design and installation, and grazing infrastructure.
Although Applicant is not proposing alternatives for the Project, for comparison of capital costs, below is a table comparing 19 utility-scale generating technologies at typical scale for each respective technology. The data for this comparison is from the U.S. Energy Information Administration’s “Capital Cost and Performance Characteristics for Utility-Scale Electric Power Generating Technologies” report issued January 2024. These figures do not include fuel costs for nuclear or fossil generation facilities, which are substantial. (Fossil fuel generators also contribute to climate change, regional air and water pollution, and reduced life expectancy.)
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(2) NOT APPLICABLE (pipelines and transmission lines)
(3) A tabulation of the present worth and annualized cost for capital costs and any additional cost details as required to compare capital cost of alternates (using the start of construction date as reference date), and describe techniques and all factors used in calculating present worth and annualized costs.
Response: Capital costs for the Project will include development costs, construction design and planning, equipment costs, and construction related costs. These costs are expected to have been incurred within two years after the start of construction. Therefore, a present worth analysis is the same as the costs presented above. Because alternatives to the Project are not under consideration, the above information is limited to the Project.
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(C) The applicant shall provide information regarding operation and maintenance expenses. Examples of information relevant to these expenses include:
(1) Applicable estimated annual operation and maintenance expenses for the first two years of commercial operation that is classified according to 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 operation and maintenance expenses classified in the accounting format ordinarily used by the applicant in its normal course of business).
Response: For the first two years of commercial operation, the annual O&M cost of the Project at 500 MW-ac are expected to be approximately $5.04 million, or $10/kW. These costs can be categorized as solar plant O&M, balance of plant O&M, site maintenance, and unplanned maintenance reserves. Solar plant O&M is expected to cost about $2.0m – $2.3m/year, balance of plant is expected to cost about $187,500 – $300,000/year, site maintenance is expected to cost about $1.9m – $2.1m/year, and unplanned maintenance reserves are expected to cost about $279,000 – $345,000/year.
(2) NOT APPLICABLE (pipelines and transmission lines)
(3) A tabulation of the present worth and annualized expenditures for operating and maintenance costs as well as any additional cost breakdowns as required to compare alternatives, and describe techniques and factors used in calculating present worth and annualized costs.
Response: The annual O&M costs itemized above are expected to be subject to real and inflationary increases. Therefore, these costs are expected to increase throughout the life of the Project. The net present value of the total estimated O&M costs per kW over 40 years, using an inflation rate of 2% and assuming a 7% discount rate, is approximately $171/kW. Because alternatives to the Project are not under consideration, the above information is limited to the Project.
(D) The applicant shall provide information regarding the economic impact of the project. Examples of relevant economic impact information include:
(1) An estimate of the annual total and present worth of construction and operation payroll.
Response: Direct labor income from construction is estimated to be $70.7 million and direct annual labor income is estimated to be $641,745. These and related estimates are summarized in the Executive Summary and details are provided in Table 3 (construction) and Table 4 (operation) of Exhibit F – Economic Report
(2) An estimate of the construction and operation employment and estimate the number that will be employed from the region.
Response: Direct construction employment is estimated to be 1,156 jobs and direct annual operation employment is estimated to be 10.8 jobs for the solar operations, plus another 6 to 9 jobs for the sheep grazing operation. Applicant expects that a large majority of the construction jobs will be filled by Ohioans. These estimates and related estimates are summarized in the Executive Summary and details are provided in Table 3 (construction), Table 4 (solar operation) and Table 7 (sheep grazing operation) of the Economic Report (Exhibit F). Applicant expects that most of the solar operation jobs will be filled by Ohioans. Based on a solar sheep grazing workshop it hosted in Russells Point and its initial discussions with a number of local livestock producers, Applicant expects that nearly all of the sheep grazing jobs will be filled by Logan County residents.
(3) An estimate of the increase in county, township, and municipal tax revenue accruing from the facility.
Response: The total increase in local government revenue is estimated to be $5 million annually during the operation of the Project. The breakdown of this revenue by taxing entity is detailed in Table 10 of the Economic Report (Exhibit F).
(4) An estimate of the economic impact of the proposed facility on local commercial and industrial activities.
Response: Construction is estimated to contribute $91.4 million to local commercial and industrial activities, with details and related estimates provided on p. 11-12 of the Economic Report (Exhibit F). Construction is estimated to contribute $1.7.4 million annually to local enterprises, with details and related estimates provided on p. 12 of the Economic Report. The Economic Report also includes a detailed discussion of this subject in the section entitled “Impact on Local Commercial, Industrial and Agricultural Economic Activities” on p. 13-22.
(E) The applicant shall provide information regarding public interaction. Examples of relevant public interaction information include:
(1) A description of the applicant's program for public interaction during the siting, construction, and operation of the proposed facility in the area in which any portion of such facility is to be located, including detailed information regarding the applicant's public information and complaint resolution programs as well as how the applicant will notify affected property owners and residents about these programs at least seven days prior to the start of construction.
Response: With respect to the siting of the Project, as part of determining the best location for the Project, between October 2019 and February 2020 Applicant mailed letters to and called many property owners in an area of several miles surrounding the Transmission Line in Logan County, Shelby County and Auglaize County. After a demonstration of sufficient interest from landowners
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near the Project Aea and confirmation that the Project could economically supply power to the electric grid, Applicant briefed local officials.
Applicant then initiated a comprehensive public outreach effort to inform and educate potential future neighbors of the Project and receive their input. Applicant’s efforts in this regard far exceed the industry norm for public engagement. Details about Applicant’s interaction with the community about the Project and its pre-application public information program, including a first-of-its-kind program of “listening sessions” and its two PIMs, is provided in the Summary of Public Outreach (Exhibit G).
To facilitate Applicant’s efforts to address local questions and concerns, it opened a local office in downtown Lakeview in March 2022 before relocating to its current office in Russells Point in June 2024. Applicant’s outreach efforts also included an invitation for certain potential future neighbors of the Project to participate in a “good neighbor agreement” program under which the neighbor would receive funds to install their own landscaping and to install their own residential solar systems or to offset their electric bills if the Project comes to fruition. A number of neighbors have chosen to participate in the program. More details on this outreach can be found on p. 4-6 of the Summary of Public Outreach (Exhibit G)
Prior to construction, Applicant will identify a company contact person to address any complaints, concerns or comments from the public. Applicant will provide the public with contact information to submit complaints, concerns or comments regarding construction and ensure that prompt responses are made to any such complaints, concerns or comments (for which a response either is requested or clearly implied). Applicant will also make commercially reasonable efforts to expeditiously resolve any complaints or concerns. These and other measures for public interaction during construction are captured in Exhibit H – Complaint Resolution Program.
No later than seven (7) days prior to the start of construction, Applicant will mail a notice of start of construction to at least the persons required to be notified under the Ohio Administrative Code. The notice of construction will summarize upcoming construction activities, describe where construction will occur, including the main routes of equipment delivery, and provide the name and contact information of a Project representative to whom any complaints, concerns or comments may be addressed.
During operations, Applicant will post its contact information at or near the entrance of each solar field and the Project Substation. Applicant also will post information to provide the public with contact information to submit complaints, concerns or comments regarding operation.
(2) A description of any insurance or other corporate programs for providing liability compensation for damages, if such should occur, to the public resulting from construction, operation, or decommissioning of the proposed facility.
Response: Prior to the start of construction, Applicant will obtain a comprehensive package of liability insurance to protect the public in connection with the Project. Throughout the construction, operation, and decommissioning of the Project, Applicant will maintain insurance against claims and liability for personal injury, death and property damage attributable to the Project. At a minimum, the coverage limits of such insurance will be $1 million per occurrence and $2 million in the
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aggregate. Applicant also will maintain umbrella insurance coverage against claims and liability in the amounts of at least $10 million per occurrence and $10 million in the aggregate. Applicant also has offered to enter into a good neighbor agreement with each farmer who owns fields adjacent to the Project under which Applicant would provide compensation for certain crop damage related to drainage.
(3) An evaluation and description of the anticipated impact to roads and bridges associated with construction vehicles and equipment delivery, and any measures that will be taken to improve inadequate roads and repair roads and bridges to at least the condition present prior to the project.
Response: A description of the possible impacts to roads and bridges from construction vehicles and delivery trucks is provided in Section 3.1 of Exhibit I – Transportation Assessment. Applicant will take any measures necessary to repair any roads or bridges, to at least the condition existing prior to the Project, that are damaged by delivery vehicles used to construct the Project. The types of measures that may be used are described in Section 3.2 of the Transportation Assessment (Exhibit I).
(4) A list of all transportation permits required for construction and operation of the project, and describe any necessary coordination with appropriate authorities for temporary or permanent road closures, lane closures, road access restrictions, and traffic control necessary for construction and operation of the proposed facility.
Response: Except for special hauling permits issued by the Ohio Department of Transportation for a very limited number of overweight or oversized loads, Applicant does not expect that any transportation permits will be needed for construction of the Project. This subject is further addressed in Section 4 of the Transportation Assessment (Exhibit I).
Applicant plans to address coordination with local authorities for any road closures, lane closures, road access restrictions, and traffic control as part of a road use and maintenance agreement. Applicant does not believe, however, that extensive traffic control will be necessary, as discussed in Section 4 of the Transportation Assessment (Exhibit I)
(5) Except as to electric power transmission lines and gas pipelines, applicant's description of the plan for decommissioning the proposed facility, including a discussion of any financial arrangements designed to assure the requisite financial resources. For a jurisdictional wind or solar facility, applicant’s plan description should be consistent with sections 4906.21 to 4906.222 of the Revised Code and rule 4906-4-09 of the Administrative Code.
Response: Applicant will decommission the Project and post a performance bond to ensure funds are available for decommissioning that complies with the detailed requirements of Rule 4906-4-09. The decommissioning plan will be prepared by a professional engineer registered with the state board of registration for professional engineers and surveyors. It will include (1) a list of all parties responsible for decommissioning, (2) a schedule of all decommissioning activities, and (3) an
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estimate of the full cost of decommissioning, including the disposal of all components and restoration of the land, without regard to salvage value. The plan also will (1) describe the engineering techniques and major equipment to be used, a surface water discharge plan, and a plan for backfilling, soil stabilization, compacting, and grading, and (2) include the steps to be taken to comply with applicable air, water, and solid waste laws and regulations and any applicable health and safety standards. Each time the plan is revised, it will account for advancements in engineering techniques and reclamation equipment and standards.
The plan also will provide for the following: (1) the removal and transportation of components off site and the removal of buildings, cabling, electrical components, access roads, and any other associated facilities, unless otherwise agreed with the landowner; (2) that all subsurface material be removed to a depth of at least three feet or deeper if necessary for the maintenance and repair of field tile systems; (3) that disturbed areas be restored to substantially the same condition that existed prior to construction; (4) for any damaged field tile systems to be repaired; and (5) that recyclable materials be recycled to the furthest extent practicable, and that non-recyclable materials be disposed of in accordance with applicable law. The plan will be submitted at least 60 days prior to the start of construction for review and approval by OPSB.
A performance bond covering the estimated decommissioning costs, with OPSB as obligee, will be submitted prior to the start of construction. The bond will ensure the faithful performance of all requirements and reclamation conditions of the most recently approved decommissioning plan. Prior to the start of construction, Applicant will provide a statement from the holder of the performance bond demonstrating that adequate funds have been posted. Once the performance bond is provided, Applicant will maintain the bond throughout the remainder of the applicable term. The plan will be revised and the cost estimate recalculated every five years and the performance bond increased (but never decreased), as appropriate.
A Preliminary Decommissioning Plan is provided in Exhibit J – Decommissioning Plan. This preliminary plan is provided as an example of certain provisions that a plan may contain based on the information currently available, and is not intended to reflect all of the contents of the final plan that will be prepared and provided prior to construction and will be fully consistent with Rule 49064-09 of the Administrative Code
(6) A list of counties, townships, villages, and cities within the project area.
Response: The Project Area is located in northwestern Logan County, including the Village of Russells Point and portions of these townships: Bloomfield, McArthur, Richland, Stokes and Washington. The generating equipment will be located adjacent to Russells Point, where Applicant has an office, and which Applicant plans to convert into the O&M facility.
(7) A list of the public officials contacted regarding the application, including their office addresses, email addresses, and office telephone numbers.
Response: A list with the above information is provided in Figure 6 – Public Officials List
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(8) POST-CERTIFICATE REQUIREMENTS (docketing; notices; submissions)
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4906-4-07 Compliance with air, water, solid waste, and aviation regulations.
(A) The information requested in this rule is used to determine whether the facility will comply with regulations for air and water pollution, solid and hazardous wastes, and aviation. Where appropriate, the applicant may substitute all or portions of documents filed to meet federal, state, or local regulations. Existing data may be substituted for physical measurements.
(B) The applicant shall provide information on compliance with air quality regulations. Examples of information relevant to this determination include:
(1) Information regarding preconstruction air quality and permits, including
(a) Available information concerning the ambient air quality of the proposed project area and any proposed alternative project area(s).
Response: The ambient air in the Project Area is in attainment with all National Ambient Air Quality Standards promulgated by the U.S. Environmental Protection Agency (“U.S. EPA”). Applicant is not aware of any other air quality information or data available about the ambient air quality for the Project Area. There are no proposed alternative project areas.
(b) A description of the air pollution control equipment for the proposed facility. Stack gas parameters including temperature and all air pollutants regulated by the federal or state environmental protection agency as described for each proposed fuel. These parameters apply to each electric power generation unit proposed for the facility. Include tabulations of expected efficiency, power consumption, and operating costs for supplies and maintenance. Describe the reliability of the equipment and the reduction in efficiency for partial failure.
Response: The operation of the Project will not emit air pollutants from any stationary sources and, therefore, does not include any air pollution control equipment or stack gas parameters. The Project does not include any fuel to generate electricity.
(c) A description of applicable federal and/or Ohio new source performance standards (NSPS), applicable air quality limitations, applicable national ambient air quality standards (NAAQS), and applicable prevention of significant deterioration (PSD) increments.
Response: The Project is not subject to any NSPS, other air quality limitations, NAAQS-related or PSD increments-related limitations.
(d) A list of all required permits to install and operate air pollution sources. If any such permit(s) have been issued more than thirty days prior to the submittal of the certificate application, a list of all special conditions or concerns attached to the permit(s).
Response: The electric-generating equipment for the Project does not include any air pollution sources, and no permits are required.
(e) NOT APPLICABLE (expressly not applicable to solar)
(f) A description of how the proposed facility will achieve compliance with the requirements identified in paragraphs (B)(1)(c) and (B)(1)(d) of this rule.
Response: The requirements of these provisions do not apply to the Project because the Project is not subject to any NSPS, other air quality limitations, NAAQS-related or PSD increments-related limitations (subsection (B)(1)(c)) and no permits are required for the electric-generating equipment for the Project (subsection (B)(1)(d)).
(2) A description of plans to control emissions and fugitive dust during the site clearing and construction phase.
Response: During site clearing and construction of the Project, the only air emissions are expected to be dust generated by the movement of construction equipment and vehicles in the areas of the solar fields, particularly the access roads and temporary laydown yards. Due to the inherent nature of construction, some of this dust may drift away from the Project Area. The amount of dust generated should be relatively low given the setbacks from homes and roads being incorporated into the design of the Project and because there will be only limited activities in any particular area within the Project Area at one time.
Applicant plants to follow best management practices in the construction industry to minimize the amount of dust created, which include the following:
1. Retaining construction firms that are knowledgeable about the importance of minimizing dust creation during construction activities;
2. Including in construction contracts requirements to minimize and manage dust;
3. Establishing temporary or permanent vegetation in the Project Area during construction to minimize contact with bare soils;
4. Maintaining construction vehicles in proper working condition; and
5. Applying water and/or common dust suppressants on unpaved roads.
(3) NOT APPLICABLE (expressly not applicable to solar)
(C) The applicant shall provide information on compliance with water quality regulations. Examples of relevant information include:
(1) Information regarding preconstruction water quality and permits.
(a) A list of all permits required to install and operate the facility, including water pollution control equipment and treatment processes.
Response: The Project will not create any wastewater discharges of the kind typically associated with conventional electric generation plants and industrial facilities. Accordingly, it will include no water pollution control equipment or wastewater treatment processes, and is not expected to require an “individual” National Pollution Discharge Elimination System (“NPDES”) permit of the kind issued by the U.S. EPA or the Ohio Environmental Protection Agency (“Ohio EPA”) for discharges of wastewater to water bodies.
Applicant will seek coverage for the Project under Ohio EPA Permit No. OHC000006, General Permit Authorization for Stormwater Discharges Associated with Construction Activity Under the National Pollutant Discharge Elimination System (April 23, 2023-April 22, 2028) (“General Construction Permit”), a copy of which is provided in Exhibit K – General Construction Permit Based on the final design of the Project, and prior to the start of construction, Applicant will prepare a detailed, sitespecific Stormwater Pollution Prevention Plan (“SWP3”) in accordance with Part III, Section G of the General Construction Permit (Exhibit K) and submit to Ohio EPA a notice of intent (“NOI”) to obtain coverage for the Project under the General Construction Permit.
As required for coverage under the permit, the SWP3 will reflect a detailed engineering analysis to identify the appropriate stormwater management best management practices (“BMPs”) to adequately manage the quantity and quality of stormwater from the site during the construction and operation of the Project. A copy of the SWP3 will be provided to Staff. Pursuant to Part I, Section F.1.a of the General Construction Permit (Exhibit K), the requested permit coverage is “not effective until an approval letter granting coverage from the director of the Ohio EPA is received by the applicant.”
Based on final engineering and design, if necessary, Applicant also may seek authorization for minor impacts to jurisdictional surface waters (wetlands and streams) under one or more “nationwide” permits issued by the U.S. Army Corps of Engineers, a water quality certification from the Ohio EPA, and one or more Ohio Isolated Wetland Permits from the Ohio EPA, all for minor crossings of certain regulated water bodies.
(b) A map of at least 1:24,000 scale, show the location and sampling depths of all water monitoring and gauging stations used in collecting preconstruction survey data, including samples collected by standard sampling techniques and only in bodies of water likely to be affected by the proposed facility. Information from U.S. geological survey (USGS), Ohio environmental protection agency, and similar agencies may be used where available, provided that the applicant identifies all such sources of data.
Response: The information required under this section is not applicable to the Project because the Project will not generate or discharge any wastewater and no bodies of water are anticipated to be adversely affected by any wastewater discharges. As to stormwater, Ohio water quality regulations do not require preconstruction sampling of streams with respect to construction. This includes the General Construction Permit (Exhibit K), which does not require collection of preconstruction survey data from water bodies that may be affected by construction stormwater discharges.
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The General Construction Permit (Exhibit K) does not protect water bodies through numerical pollutant limitations based on the measured water quality of receiving streams, but by imposing a variety of discharge prohibitions as well as other “non-numeric effluent limitations” on construction activities. These limitations are required to be implemented by a SWP3, which must also implement a number of BMPs to minimize discharges of sediment and other pollutants into water bodies. Details on these related subjects are addressed in Parts II and III of the General Construction Permit (Exhibit K).
Ohio EPA issued the General Construction Permit (Exhibit K) to regulate such discharges from construction activities only by determining in accordance with its own regulations governing general permits that “the discharges authorized by [the General Construction Permit] will have only minimal adverse effects on the environment.” O.A.C. 3745-38-02(G)(1)(a). In the General Construction Permit (Exhibit K) itself, Ohio EPA also explained that, as to the State in general, it has “determined that a lowering of water quality of various waters of the state associated with granting coverage under [the General Construction Permit] is necessary to accommodate important social and economic development in the state of Ohio.” General Construction Permit, p. 1.
(c) A description of the ownership, equipment, capability, and sampling and reporting procedures of each station.
Response: For the reasons given above, the information required by this section is not applicable to the Project and is not related to the Project’s compliance with water quality regulations.
(d) A description of the existing water quality of the receiving stream based on at least one year of monitoring data, using appropriate Ohio environmental protection agency reporting requirements.
Response: For the reasons given above, the information required by this section is not applicable to the Project and not related to the Project’s compliance with water quality regulations It is also not applicable because Ohio EPA reporting requirements do not call for monitoring data of receiving streams to demonstrate compliance with Ohio water quality regulations addressing construction stormwater.
(e) Available data necessary for completion of any application required for a water discharge permit from any state or federal agency for this project, including comparable information provided for the proposed site and any proposed alternative site(s).
Response: The information required by this section is not applicable to the Project because the Project will not require a wastewater discharge permit and so the information is not related to the Project’s compliance with water quality regulations. As to stormwater for construction projects, no preconstruction survey or monitoring data is necessary for the completion of the application for the General Construction Permit (Exhibit K) or otherwise to meet Ohio water quality regulations. The application for the General Construction Permit (Exhibit K) is an NOI, which is defined in Part VII of
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the General Construction Permit and the requirements for which are set forth in Part I, Section F of the General Construction Permit. No preconstruction survey data or monitoring data is needed to complete the NOI; in fact, there is no place on the NOI for such data to be provided.
(2) Information regarding water quality during construction.
(a) A map of at least 1:24,000, that indicates the location of the water monitoring and gauging stations to be utilized during construction.
Response: For the reasons provided above, the information required by this section is not applicable to the Project and is not related to the Project’s compliance with water quality regulations Also, given Applicant’s commitment to implement a compliant SWP3 for erosion control and the management of stormwater, no change in the water quality of any existing bodies of water is anticipated.
(b) An estimate of the quality and quantity of aquatic discharges from the site clearing and construction operations, including runoff and siltation from dredging, filling, and construction of shoreside facilities.
Response: Adverse impacts to water quality are not anticipated as a result of site clearing and construction operations. The construction of the Project will not include dredging, filling or the construction of any shoreline facilities. Applicant expects that the only discharges to water bodies from the types of construction activities that will be used for the Project will be stormwater run-off as authorized by Applicant’s adherence to the General Construction Permit (Exhibit K)
For construction activities, the General Construction Permit (Exhibit K) employs non-numeric effluent limitations, and does not require or use estimates of the quantity and quality of stormwater discharges from the site for compliance with Ohio water quality regulations. Although O.A.C. 374538-02(E)(3)(g) authorizes Ohio EPA to require, “quantitative data describing the concentration of pollutants in the discharge and the volume to be discharged” in NOIs for general permits, Ohio EPA determined that it was appropriate to issue the General Construction Permit (Exhibit K) without requiring such quantitative data for sediment pollution in stormwater during construction.
One reason Applicant does not anticipate any adverse impacts to water quality is that Applicant expects that, in compliance with the General Construction Permit (Exhibit K), construction of the Project will not result in the discharge of anything but “stormwater” as that term is defined in Part VII, Section HH of the General Construction Permit (“stormwater runoff, snow melt and surface runoff and drainage”).
Applicant expects that, conversely, construction of the Project will not result in the discharge of any of the types of effluent that are prohibited (without exception) by Section E (“Prohibited Discharges”) of Part II (“Non-numeric Effluent Limitations") of the General Construction Permit (Exhibit K). These include wastewater generated by certain washing activities and discharges of a number of construction vehicle-related fluids. Also, in compliance with the requirements in Part III.G.2.g.i (“Non-sediment Pollutant Controls”) of the General Construction Permit (Exhibit K), the SWP3 will “implement all necessary BMPs to prevent the discharge of non-sediment pollutants.”
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Finally, construction of the Project will not result in the discharge of effluents that would violate Section V (“General Effluent Limitations”) of the General Construction Permit (Exhibit K), which prohibits effluent containing any substance that “will adversely affect aquatic life" or are “toxic to human, animal, or aquatic life” or “will impair designated . . . water uses.” This will be accomplished, in part, through the implementation of the SWP3, a Spill Prevention, Control, and Countermeasures (SPCC) Plan as required, and an HDD Inadvertent Return Contingency Plan
(c) A description of any plans to mitigate the above effects in accordance with current federal and Ohio regulations.
Response: Applicant plans to minimize the impact of any stormwater run-off that occurs by complying with all applicable federal and Ohio regulations, namely the General Construction Permit (Exhibit K). This will include complying with the permit’s non-numeric effluent limitations (Part II) and adhering to a robust and site-specific SWP3 that meets all of the detailed requirements of the permit (Part III). As required by the General Construction Permit (Exhibit K), Applicant will implement BMPs to minimize erosion and control sediment in the areas of construction. Applicant also will comply with the General Construction Permit’s affirmative duty to mitigate in Part V, Section D (“Duty to Mitigate”), as follows: “[t]he permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment.” The SWP3 will identify the construction activities for the Project that may affect storm water discharges and the specific BMPs that will be implemented to avoid or mitigate those impacts. Routine inspections are required by the General Construction Permit (Exhibit K) to identify BMPs that require repair or have failed to provide their intended function. In the event of a BMP failing to provide its intended function, the SWP3 will be amended and the new controls will be installed within the timeframes required in the General Construction Permit (Exhibit K).
Diesel fuel, gasoline, lube oil, hydraulic oil, or similar materials may be stored on site by contractors during construction. If storage were to exceed 1,320 U.S. gallons in total of all aboveground containers (only counting containers with 55 gallons or greater storage capacity), an SPCC Plan will be implemented as required by U.S. EPA. The SPCC plan, if necessary, would detail methods to prevent the potential release of oil products during construction of the Project, and will describe the proper methods to address the spill and which agencies to notify in the event of an inadvertent spill during construction. Any oil products on site during construction will be stored in accordance with U S EPA regulations.
An HDD Inadvertent Return Response and Contingency Plan will be implemented during the crossing of aquatic resources. For a preliminary version of such a plan, please refer below to Exhibit X –Ecological Impact Assessment
(d) A description of any changes in flow patterns and erosion due to site clearing and grading operations.
Response: For several reasons, Applicant does not expect the construction of the Project to result in material changes to flow patterns or erosion. First, the amount of land to be cleared for the Project
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will be very small because the vast majority of the Project Area that will be used for construction already has been cleared for crops. Related to this, the areas of trees and other non-crop vegetation that will be removed to accommodate the Project will be relatively small. Also, the percentage of the Project Area where grading activities will occur will be modest, probably no more than 10% of the Project Area as a whole, with the separate areas to be graded in different locations across the hundreds of acres comprising the Project Area. Within this relatively modest amount, the area with grading activities of the type and significance enough to actually alter the current flow of stormwater will be very limited.
Moreover, any changes in specific flow patterns for the Project Area due to construction of the Project (to the extent changes occur) will be based on its final design, will be thoroughly documented in the SWP3, and will be mitigated by BMPs. The General Construction Permit (Exhibit K) requires that the SWP3 include the “[t]otal area of the site and the area of the site that is expected to be disturbed (i.e., grubbing, clearing, excavation, filling or grading, including off-site borrow areas) . . . .” General Construction Permit, Part III, Section G.1.b. It must include the “name and/or location of the immediate receiving stream or surface water(s) and the first subsequent name receiving water(s) and the aerial extent and description of wetlands or other special aquatic sites at or near the site which will be disturbed, or which will receive discharges from disturbed areas of the project.” General Construction Permit, Part III, Section G.1.i. Using the above information, the SWP3 then must provide a map showing the “[e]xisting and proposed contours” for the area to be disturbed by construction, which consists of a “delineation of drainage watersheds expected during and after major grading activities as well as the size of each drainage watershed in acres . . . .” General Construction Permit, Part III, Section G.1.n.iii.
(e) A description of the equipment proposed for control of effluents discharged into bodies of water and receiving streams.
Response: As to stormwater and during construction, Applicant proposes to use the types of equipment routinely used in Ohio to install and maintain effective erosion and sediment controls. This equipment will be largely the types described in the “Rainwater and Land Development Manual,” which is published by the Division of Soil and Water Conservation of the Ohio Department of Natural Resources (“ODNR”). The types of equipment are likely to include rock check dams, slope drains and similar equipment described in that document’s Chapter 5 (“Temporary Runoff Control Practices"), silt fences, filter socks, and similar equipment described in Chapter 6 (“Sediment Controls”), and seed-applying devices (such as hydro-seeders), erosion control matting and similar equipment described in Chapter 7 (“Soil Stabilization Practices”). The specific equipment to be used will be further detailed in the SWP3 for the Project.
(3) Information on water quality during operation of the facility.
(a) A map of at least 1:24,000 scale, that indicates the location of the water quality monitoring and gauging stations to be utilized during operation.
Response: Applicant does not plan to install any water quality monitoring or gauging stations during operation of the Project because it does not expect that the operation of the Project will result in
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any discharges for which monitoring is required by water quality regulations. Accordingly, the information required by this section is not applicable to the Project.
(b) A description of the water pollution control equipment and treatment processes planned for the proposed facility.
Response: Applicant does not plan to use any water pollution equipment or treatment processes for the operation of the solar panel fields because the Project will not generate any wastewater discharges. The only “treatment” of stormwater is expected to be that inherent in the standard, post-construction stormwater management of the Project’s limited impervious surfaces, as discussed below in the response to Rule 4906-4-07(C)(3)(d). For that reason, the information required by this section is not applicable to the Project. While Applicant expects that stormwater run-off during operation will be less than what currently occurs in the Project Area due to the Project’s use of vegetative cover (as discussed below), Applicant will identify any necessary stormwater pollution controls during the development of the SWP3 as outlined in the General Construction Permit, Part III, Section G(2)(e).
(c) A description of the schedule for receipt of the national pollution discharge elimination system permit.
Response: As required by the General Construction Permit, which will be the national pollutant discharge elimination permit for the Project, Applicant plans to submit its NOI to, and receive written confirmation of coverage from, Ohio EPA prior to the start of construction of the Project.
(d) A quantitative flow diagram or description for water and water-borne wastes through the proposed facility, showing the following potential sources of pollution, including:
(i) Sewage.
(ii) Blow-down.
(iii) Chemical and additive processing.
(iv) Waste water processing.
(v) Run-off and leachates from fuels and solid wastes.
(vi) Oil/water separators.
(vii) Run-off from soil and other surfaces.
Response: The operation of the Project will not generate any process wastewater and will not include any of the following potential sources of pollution: sewage, blow-down, chemical and additive processing, waste water processing, run-off and leachates from fuels and solid wastes, and oil/water separators.
With respect to run-off from soil and other surfaces (which should be less than current run-off within the Project Area as discussed below), Applicant plans to satisfy the post-construction control
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requirements of the General Construction Permit in part through “impervious surface disconnection." To achieve disconnection for the panel areas, Applicant plans to use the types of approaches recommended in Ohio EPA’s Guidance on Post-construction Stormwater Management for Solar Panel Fields (April 2022). The primary recommended approaches are maintaining soil in good hydrologic condition, establishing robust vegetation under and around the solar panels, creating a sufficiently wide gap (open ground) between the rows of panels, and establishing “nonerosive flow” of stormwater run-off as it falls from the solar panels. During the SWP3 preparation, Applicant also will identify additional stormwater post-construction BMPs that might be necessary. As the guidance suggests, post-construction stormwater management for the other surface components for the Project (substation, inverters, roads, etc.) will be standard, post-construction BMPs for traditional pervious surfaces.
Because of the extensive, year-round pasture that will cover most of the surface of the Project and not be disturbed annually by row crop farming, Applicant expects that the Project will reduce the amount of stormwater run-off in the area. That is, the quantity of stormwater leaving the Project Area during operation of the Project should be less than the amount leaving the Project Area with its current row crop operations. To assess this, Applicant conducted a preliminary storm water analysis for the Project based on the Preliminary Maximum Site Plan (Exhibit A), a copy of which is provided in Exhibit L – Stormwater Analysis The Stormwater Analysis (Exhibit L) predicts that, largely because of its year-round pasture, the Project will reduce the rate of stormwater run-off and improve water quality compared to the current farming use.
Although Applicant has provided a description of run-off from soil and other surfaces and a preliminary stormwater assessment, whether and what structural post-construction stormwater controls may be needed for operation of the Project will not be determined until final design is complete and the SWP3 is prepared. For example, the size of the gap between the rows of solar panels and whether it is sufficiently large to utilize “impervious surface disconnection” under Ohio EPA’s guidance will not be determined until the selection of the model or models of solar panels and the determination of the precise locations of each of the rows of solar panels within the Project Area. In any event, however, the Project’s post-construction stormwater controls will follow the “Post-Construction Stormwater Management Requirements” of the General Construction Permit.
(e) A description of how the proposed facility incorporates maximum feasible water conservation practices considering available technology and the nature and economics of the various alternatives.
Response: The information required by this section is not applicable to the Project because, unlike traditional electric generation plants, the Project will not use water to generate electricity. The Project incorporates maximum feasible water conservation practices considering available technology inherently through the nature of its generation technology. Compared to most forms of conventional electric power generation, solar facilities require very little water. For instance, solar facilities do not use any process water (such as water to create steam to drive electric-generating turbines) or any cooling water (such as water to cool boilers that create the steam). Compared to
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water use by non-renewable forms of generation, the Project may use a modest amount of water over its life to clean the solar panels.
(D) The applicant shall provide information on compliance with solid waste regulations. Examples of relevant information include:
(1) Information regarding preconstruction solid waste.
(a) The nature and amount of debris and solid waste in the project area.
(b) Any plans to deal with such wastes.
(2) Information regarding solid waste during construction.
(a) An estimate of the nature and amounts of debris and other solid waste generated during construction.
(b) The proposed method of storage and disposal of these wastes.
(3) Information regarding solid waste during operation of the facility.
(a) An estimate of the amount, nature, and composition of solid wastes generated during the operation of the proposed facility.
(b) Proposed methods for storage, treatment, transport, and disposal of these wastes.
Response: The Project Area consists primarily of farm fields, and so there currently is, and is expected to be prior to construction, very little solid waste that needs to be managed. The construction (and to a far less extent, the operation) of the Project is expected to generate only limited amounts of solid waste in any one area during construction and relatively little solid waste Project-wide during operations. All solid waste will be either recycled or disposed of in accordance with applicable federal and state regulations. Estimates of solid waste generated and methods to dispose of it are provided in Exhibit M – Solid Waste Analysis.
(4) Plans and activities leading toward acquisition of waste generation, storage, treatment, transportation and/or disposal permits. If any such permit(s) have been issued more than thirty days prior to the submittal of the certificate application, a list of all special conditions or concerns attached to the permit(s).
Response: Applicant does not believe that any permits for waste generation, storage, treatment, transportation or disposal are required for the Project, and so has made no plans to acquire such permits. No such permits have been issued to Applicant
(E) Information on compliance with environmental and aviation regulations. Examples of relevant information include:
(1) The height of the tallest anticipated installed, above ground structures.
Response: The height of the tallest structures will be 15 feet within the fenced solar fields and 175 feet (dead end structure) within the Project Substation, including the Gen-tie.
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(2) A list of all airports, heliports, landing strips, medical use heliports, and seaplane landing sites within six nautical miles of the project area or property within or adjacent to the project area, and show these facilities on a map(s) of at least 1:24,000 scale. For all structures located within the six nautical miles, an indication of the maximum possible height of construction equipment, and a list of air transportation facilities, existing or proposed, and copies of any correspondence with the federal aviation administration and the Ohio office of aviation. Additionally, confirmation that the owners of these facilities have been notified of the proposed facility and any impacts it will have on aviation operations.
Response: Within six nautical miles of the Project Area, there is one airport, Bellefontaine Regional Airport (EDJ), and one heliport, Mary Rutan Heliport (5OH3). The required map is provided in Figure 7 – Aviation Map The maximum possible height of construction equipment are the following: (1) solar fields – 15 feet; and (2) Project Substation – 175 feet. The Project does not include any air transportation facilities. Applicant has not sent any correspondence to the federal aviation administration (“FAA”) or the Ohio office of aviation about the Project. The owners of the Bellefontaine Regional Airport and Mary Rutan Heliport have been notified of the Project and advised that Applicant does not believe the Project will have any impacts on their aviation operations.
(3) A description of the FAA filing status of each structure and describe any potential conflicts with air navigation or air traffic communications that may be caused by the proposed facility.
Response: The Project is not expected to cause any potential conflicts with air navigation or air traffic communications, as indicated in Exhibit N – Aviation Analysis. Accordingly, Applicant has not made any filings with the FAA regarding the Project.
(4) A description of whether the proposed facility or a specific structure that is part of the proposed facility has any 14 CFR part 77 impacts.
Response: As indicated in the Aviation Analysis (Exhibit N), the Project is not expected to have any impacts under 14 CFR Part 77 (Safe, Efficient Use, and Preservation of Navigable Airspace).
(5) A list and brief discussion of all licenses, permits, and authorizations that will be required for construction of the facility.
Response: No aviation-related licenses, permits or authorizations are expected to be required for the construction of the Project. The only environmental-related licenses, permits or authorizations expected to be required for the construction of the Project are those identified in response to other sections of Chapter 4906-4.
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(6) A description, quantification and characterization of debris that will result from construction of the facility, and the plans for disposal of the debris.
Response: A description, quantification and characterization of the debris and other solid waste that is expected to result from the construction of the Project is provided in the Solid Waste Analysis (Exhibit M). As noted above, the construction of the Project is expected to generate only limited amounts of solid waste in any one area during construction. All solid waste will be either recycled or disposed of in accordance with applicable federal and state regulations.
(7) Confirmation 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.
Response: Control of stormwater and the minimization of erosion during construction will be accomplished by compliance with the General Construction Permit and implementation of the SWP3. Restoration of soils disturbed during construction is addressed in the Vegetation Management Plan (Exhibit C, discussed below in this application). Needed restoration of wetlands and streams disturbed during construction is expected to minimal because the Project will largely avoid these resources with a minimum setback of 120 feet from surface structures and only limited crossings by roads and buried collection lines.
(8) Confirmation 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. This confirmation is in recognition of that responsibility for removal of contaminated soil is 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, and does not include additional remediation measures beyond the scope of the project.
Response: Applicant does not expect to encounter contaminated soil or hazardous materials during land clearing or excavation, but confirms that any such materials that are encountered would be disposed of at an appropriate landfill in accordance with applicable law.
(9) A description of the plans for construction during excessively dusty or excessively muddy soil conditions.
Response: For excessively dusty conditions, Applicant plans to manage dust as explained in response to 4096-4-07(B)(2). For excessively muddy soil conditions, Applicant plans to manage the entrances/exits to the construction areas to minimize the tracking of mud onto public roads and, if necessary, use road cleaning vehicles to remove accumulated mud.
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(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.
Response: The Project will be constructed and operated in compliance with all applicable state and federal statutes and regulations governing equipment safety. It will be constructed and operated in compliance with the edition of the national electrical safety code (“NESC”) in effect in Ohio at the relevant time It also will be constructed and operated in compliance with any applicable regulations of the Occupational Safety and Health Administration. Applicant is not aware of any gas pipelines in the Project Area, and so does not believe that gas pipeline safety standards of the U.S. Department of Transportation or Chapter 4901:1-15 apply to the Project.
(b) All proposed major public safety equipment.
Response: Except for the Project Substation, the proposed major safety equipment for the Project is perimeter agricultural-style fencing with locked gates, which will surround all above-ground features of the Project. Like virtually all electric substations, the Project Substation will have a chain-link fence with barbed wire or other anti-climbing device. Appropriate warning signs will be posted on fences. The general public will be prohibited from entering the Project. Gates and other key locations will be equipped with lights, but the lights will face downward and be illuminated only when in use or motion is detected. Cameras also may be used.
(c) The reliability of the equipment.
Response: Applicant expects that the Project’s operating components will be highly reliable because Applicant will select only leading suppliers and the components will have relatively few moving parts. All of the primary types of components will be accompanied by standard industry warranties.
(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.
Response: Certain safety information available on the models used in the Preliminary Maximum Site Plan (Exhibit A), is found in the documentation for the Representative Component Models (Exhibit B). After the selection of the model and vendor of solar panels, Applicant will submit to Staff the solar panel manufacturers’ safety standards, including safety manuals or similar documents. Although Applicant does not expect any will exist, Applicant also will identify at that time any
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setbacks recommended by the manufacturer. Applicant will incorporate any such setbacks into its final site plan, but is confident that the proposed setbacks for the Project (which include OPSB’s required minimum setbacks in 4906-4-09(G)(4)) will exceed any manufacturer-recommended setback.
(e) The measures that will be taken to restrict public access to the facility.
Response: Except for business invitees and guided tours that may be given to specific categories of visitors, such as school groups, the public will have no access to the fenced portion of the Project. The public will not come into contact with any of the components because the components will be buried or fenced with locked gates.
(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.
Response: Prior to the start of construction, Applicant will prepare and put in place an emergency response plan covering at least fire, safety and medical emergencies based on the final engineering and design of the Project. The emergency response plan will include information on the type and location of equipment, potential hazards (including potential hazards to emergency responders), locations of access gates, and emergency contact information.
Applicant has already been in contact with a number of emergency response officials in the area with jurisdiction over different parts of the Project Area, including the Indian Joint Fire Department based in Russells Point. Applicant plans to continue to work with these officials and plans to provide them a draft of the emergency response plan for their feedback. Applicant also will offer initial and refresher training to local emergency responders about solar energy and its associated electrical systems, as well as provide any equipment that they may need to safely address any emergency response situation that may arise at the Project.
(g) The sensitive receptor considerations, ensuring that sensitive receptor index numbering is the same for all reports and maps listing sensitive receptors.
Response: Applicant has endeavored in this application to identify all sensitive receptors (defined as “occupied buildings” by 4906-1-01(OO)) near the Project. Applicant has done so with GPS location data, as opposed to a numbering system, which data has been used to create certain maps in this application and as inputs to the relevant studies supporting the application.
(2) NOT APPLICABLE (expressly not applicable to solar)
(3) Noise. A description of anticipated noise from the construction, operation, and maintenance of the facility, including:
(a) An estimate of the nature of any intermittent or, recurring, or particularly annoying sounds from the following sources:
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(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.
Response: This information is provided in Section 5.0 of Exhibit O – Noise Study.
(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.
Response: The predicted operational noise levels from the generation equipment is provided in Section 4.5 of the Noise Study (Exhibit O) The Project does not include any processing equipment Operational noise levels from road traffic during operations is expected to be negligible above existing road traffic levels.
(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.
Response: The predicted operational noise levels at each occupied building outside the Project Area, under both day and nighttime operations, is provided in Section 4.5 of the Noise Study (Exhibit O)
(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.
Response: Although modeling in Sections 3, 4 and 5 of the Noise Study (Exhibit O), indicates that no mitigation of operational noise will be needed, practical mitigation measures, such as sound dampeners for inverters, are available if necessary. Construction noise will be mitigated by providing notice to neighbors to generate awareness and understanding, and by adhering to the limitations on
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construction activities imposed by Rule 4906-4-09(E), which includes limits on conducting certain construction activities to weekdays from 10:00 a.m. to 5:00 p.m.
(e) A preconstruction background noise study of the project area that includes measurements taken under both day and nighttime conditions.
Response: This information is provided in Section 2.0 of the Noise Study (Exhibit O).
(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.
Response: The Project is not expected to have any such impacts as indicated in Section 4.5 and Section 8 of Exhibit P – Geology/Hydrogeology Report
(b) An evaluation of the impact to public and private water supplies due to pollution control equipment failures.
Response: The Project will not have any such impacts because it does not need and will not include any wastewater pollution control equipment.
(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.
Response: Applicant does not believe that any of the above features will be directly affected by the Project. A map of types of these features are shown in Figure 8 – Water Resources Map
(d) A description of how construction and operation of the facility will comply with any drinking water source protection plans near the project area.
Response: The Project is not regulated by any drinking water source protection plans. This subject is addressed in Section 4.6 and Section 8 of the Geology/Hydrogeology Report (Exhibit P).
(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.
Response: No structures will be located in the regulated floodway. Some pilings may be constructed in shallow portions of the 100-year floodplain, up to a maximum of 4 feet, but solar panels and inverters will be located and designed to remain above water levels during a 100-year flood event. Any structures constructed within the 100-year floodplain will be designed to accommodate a 100year flood event. This subject is addressed in Section 4.4 and Section 8 of the Geology/Hydrogeology Report (Exhibit P)
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(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 sitespecific inadequacies, including proposed mitigation.
Response: Applicant is not aware of any underground abandoned mines or injection wells in the Project Area. The other above features are shown on Figure 9 – Geological Features Map. The suitability of the site is addressed in Sections 7.2 and 8 of the Geology/Hydrogeology Report (Exhibit P) It is not expected that there will be any site-specific inadequacies to remedy.
(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 postconstruction reclamation, including providing a preliminary grading plan that estimates maximum graded acreage expectations.
Response: The soil in the Project Area is generally suitable for grading, compaction and drainage. This subject is addressed in Sections 7.2 and 8 of the Geology/Hydrogeology Report (Exhibit P) The restoration of soils following construction is addressed in Section 4 of the Vegetation Management Plan (Exhibit C) and Section 4 of the Exhibit EE - Preliminary Agricultural Soils Protection Plan A preliminary grading plan that estimates maximum graded expectations is provided in the Grading Plan (Exhibit Q).
(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.
Response: The soils in the Project Ares are generally suitable for foundation construction, as indicated in Sections 7.2 and 8.0 of the Geology/Hydrogeology Report (Exhibit P). The portions of the Project Area that may be used for surface structures (that is, the Buildable Area) are extremely level and do not include slopes over twelve per cent or highly erodible soils. A map of soils from the Natural Resources Conservation Service is included in “figure 5” of the Preliminary Agricultural Soils Protection Plan (Exhibit EE).
(d) The results and initial analysis of preliminary test borings and describe plans for the 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) Percent recovery.
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(v) Depth and description of bedrock contact.
Response: The results of preliminary subsurface borings including the above parameters are included in the Preliminary Geotechnical Investigation that is appended as Appendix A to the Geology/Hydrogeology Report (Exhibit P). Applicant plans to take additional borings to inform the final design and engineering of the Project, and will provide those results to OPSB prior to the start of construction.
(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.
Response: Applicant has been in contact with ODNR about the Project, and a response letter from ODNR is appended as Appendix B to the Geology/Hydrogeology Report (Exhibit P). With respect to the geologic suitability of the site for the Project, ODNR’s Division of Geological Survey provided data on a variety of subsurface aspects of the Project Area: groundwater, oil and gas mining, geohazards, karst, drift thickness and bedrock geology, and soils. It did not raise any concerns about the geologic suitability of the area for constructing the Project, and Applicant has accounted for all of this data in determining that the Project Area is geologically suitable.
(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.
Response: This analysis and description of plans is provided in Exhibit R – Wind Analysis.
(7) NOT APPLICABLE (wind facilities only)
(8) NOT APPLICABLE (wind facilities only)
(9) NOT APPLICABLE (wind facilities only)
(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.
Response: The Project is not expected to interfere with radio and TV reception, and no mitigation measures are needed, as demonstrated by Exhibit S – Radio and TV Analysis
(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.
Response: The Project is not expected to interfere with radar systems, and no mitigation measures are needed, as demonstrated by Exhibit T – Radar Analysis
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(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.
Response: The Project is not expected to interfere with navigable airspace because of its relatively low profile and distance from aviation facilities, and so no mitigation is needed. Additional information is provided in the Aviation Analysis (Exhibit N)
(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.
Response: The Project is not expected to interfere with microwave communication paths and systems, and no mitigation measures are needed, as demonstrated by Exhibit U – Microwave Analysis.
(14) NOT APPLICABLE (transmission facilities)
(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.
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Response: This map is provided in Figure 10 –
Ecological Features Map.
(b) The results of a field survey of the vegetation and surface waters within onehundred 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.
Response: The results of this field survey and delineations of wetlands and streams, including the required map, are provided in Sections 3 and 4 and associated “figures” in Exhibit V – Surface Water
Delineation. The probable impacts to these resources from operation of the Project are addressed below in response 4906-4-08(B)(3).
(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.
Response: The probable impacts to these resources from (and other required information related to) construction of the Project is provided below in response 4906-4-08(B)(2).
(d) The results of a literature survey of the plant and animal life within at least onefourth 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.
Response: The results of an extensive literature survey of the plant and animal life within one-fourth mile of the Project Area is provided in Section 3 of Exhibit W – Wildlife Study This survey includes aquatic and terrestrial plant and animal species that are protected as well as those of commercial or recreational value. Section 3.4 of the Wildlife Study (Exhibit W) identifies specific species that may be present in the Project Area (and one-fourth mile buffer).
The methodology for the literature survey is described in Section 2.1 of the Wildlife Study (Exhibit W). Generally speaking with respect to animal species, the literature survey identifies species that may use or be present in the Project Area or whether the Project Area may include suitable habitat for a species, but does not indicate the current, actual presence of a species in the Project Area.
(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.
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Response: The results of field surveys of the Project Area for plant and animal species identified in the literature survey are provided in Section 4 of the Wildlife Study (Exhibit W). The methodology for the field surveys is described in Section 2.2 of the Wildlife Study (Exhibit W). Surveys were conducted on June 14 and 25, 2024, and representative photographs from the surveys are provided in Appendix E of the Wildlife Study (Exhibit W). A full list of wildlife encountered during the surveys, including whether they are protected, is provided in Appendix F/Table 6 of the Wildlife Study (Exhibit W).
The probable impacts of the construction of the Project on the species encountered during the field surveys (and other required information) are addressed below in response 4906-4-08(B)(2). The probable impacts of the operation and maintenance of the Project on the species encountered during the field surveys (and other required information) is addressed below in response 4906-408(B)(3).
(f) A summary of any additional studies which have been made by or for the applicant addressing the ecological impact of the proposed facility.
Response: No additional studies have been made.
(2) Ecological impacts. Information regarding potential impacts to ecological resources during construction.
Response: Potential impacts to ecological resources from construction are addressed in detail in Section 3 of the Ecological Impact Assessment (Exhibit X). The Ecological Impact Assessment (Exhibit X) draws on the information provided in the Surface Water Delineation (Exhibit V) and the Wildlife Study (Exhibit W) to assess the potential impacts of the Project on ecological resources and address measures to mitigate those impacts where appropriate.
(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.
Response: This information is provided in Table 1 of the Ecological Impact Assessment (Exhibit X) No acreage of the streams are expected to be impacted because HDD is planned to be used to cross the streams by boring under them and the boreholes themselves will be outside the streams. Trenching would be used to cross a stream only if it resulted in minor impacts to the stream and was permitted by U.S. EPA and/or Ohio EPA.
(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.
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Response: This information is provided in Table 2 in the Ecological Impact Assessment (Exhibit X). No acreage of the wetlands are expected to be impacted because HDD is planned to be used to cross the wetlands by boring under them and the boreholes themselves will be outside the wetlands. Trenching would be used to cross a wetland only if it resulted in minor impacts to the wetland that was permitted by U.S. EPA and/or Ohio EPA.
(iii) A table displaying the extent of clearing of each vegetative community type, including a clearing total.
Response: This information is provided in Table 3 in the Ecological Impact Assessment (Exhibit X), and includes categories for deciduous forest, herbaceous vegetation, and shrub/scrub vegetation. Note that the conservative total of about 27 acres of vegetation that may be cleared was calculated in part based on desk-top data, but includes the maximum of 12.9 acres of tree clearing that was verified on site.
(iv) A description of how such clearing work will be done so as to minimize removal of woody vegetation and minimize forest fragmentation.
Response: Out of the roughly 2,600-acre Buildable Area, a maximum area of 12.9 acres of trees and bushes may be removed to construct the Project. The final design for the Project will expressly identify the trees to be cleared and provide for the avoidance of other areas of trees. Applicant believes that this very small amount of clearing minimizes the removal of woody vegetation and forest fragmentation. This subject is addressed in more detail in Section 3.1 of the Vegetation Management Plan (Exhibit C)
(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.
Response: The subject of vegetation clearing with respect to protected species is addressed in Section 4.1.2 of the Wildlife Study (Exhibit W) Applicant has coordinated with ODNR and the U.S. Fish and Wildlife Service (“USFWS”) about the potential impacts of the Project on wildlife, including listed species. Copies of correspondence from these agencies are appended at Appendices C and D to the Wildlife Study (Exhibit W)
For several reasons, Applicant expects that the construction and operation of the Project will have minimal impact on wildlife. First, the vast majority of the Buildable Area (and the Project Area of which it is a part) consists of farm fields that are disturbed annually to exclusively grow commercial row crops, primarily corn and soybeans, and therefore are very poor wildlife habitat. If anything, the establishment of pasture within the fences of the Project will increase and/or improve wildlife habitat. Second, and conversely, no sensitive habitats such as wetlands and streams will be used to host generating equipment and very few disturbances will occur and only for a limited number of linear crossings (buried collection lines and/or access roads) fully in compliance with applicable federal and/or state permits. Third, the Project design incorporates 120-foot setbacks between solar
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panels and wetlands and streams, providing substantial buffer from these resources. Fourth, the acres of perimeter landscaping will be greater than trees and bushes removed, meaning that there will be a net increase in vegetation that may serve as wildlife habitat. Finally, Applicant will observe the “time of year” construction restrictions and other measures recommended by ODNR and USFWS to minimize any disruption to particular species.
(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.
Response: This information is provided in Section 3.2.1 of the Ecological Impact Assessment (Exhibit X). The Project’s plans for post-construction site restoration and stabilization are provided in Section 4.4 of the Preliminary Agricultural Soils Protection Plan (Exhibit EE) Note that Applicant will not install equipment with 120 feet of streams and wetlands. Material such as aggregate for temporary access roads and construction laydown yards will be removed (and reused or disposed of), and the surface de-compacted and re-seeded.
(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.
Response: This information is provided in Section 3.2.2 of the Ecological Impact Assessment (Exhibit X). A detailed, but preliminary, HDD Inadvertent Return Response and Contingency Plan addressing all of the above subjects is attached as Appendix A to the Ecological Impact Assessment (Exhibit X). This preliminary plan will be revised based on final design of the Project prior to the start of construction.
(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.
Response: This information is provided in Section 3.2.3 of the Ecological Impact Assessment (Exhibit X). A buffer from streams and wetlands sufficient to implement the 120-foot setback will be physically marked in the field.
(iv) Procedures for inspection and repair of erosion control measures, especially after rainfall events.
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Response: This information is provided in Section 3.2.4 of the Ecological Impact Assessment (Exhibit X).
(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.
Response: This information is provided in Section 3.2.5 of the Ecological Impact Assessment (Exhibit X) and Section 3.1 of the Vegetation Management Plan (Exhibit C).
(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.
Response: For the very limited acreage (about 13 aces) of trees and bushes that may be removed from the Buildable Area (about 2,600 acres), Applicant may either chip the material for use on site or remove it from the Project Area and dispose of it as solid waste. The very limited number of acres that may be cleared will minimize the movement of heavy equipment and other vehicles within the Project Area for clearing purposes. Please also refer to Section 3.2.6 of the Ecological Impact Assessment (Exhibit X)
(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.
Response: This information is provided in Section 3.2.7 of the Ecological Impact Assessment (Exhibit X) and Sections 3.4.4 and 3.4.5 of the Wildlife Study (Exhibit W).
(viii) Measures to divert storm water runoff away from fill slopes and other exposed surfaces.
Response: This information is provided in Section 3.2.8 of the Ecological Impact Assessment (Exhibit X). These measures will be identified in the SWP3 to be prepared based on the final design of the Project, but may include diversion berms, temporary ditches, and check dams.
(ix) A description of any expected use of herbicides for maintenance.
Response: This information is provided in Section 3.2.9 of the Ecological Impact Assessment (Exhibit X). As described in Section 3.4 of the Vegetation Management Plan (Exhibit C), herbicides may be necessary to clear invasive species and establish the pasture for the Project. Applicant expects, however, that the amount of herbicides applied will be far less than that used for the current row crop operations.
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(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.
Response: These impacts are addressed in Section 4.1 and Table 4 of the Ecological Impact Assessment (Exhibit X).
(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.
Response: The operation of the Project is not expected to impact ecological resources. Operations will occur within fenced areas, which will be setback from streams and wetlands. The nature of operations, consisting of solar operating personnel in street vehicles and on foot and sheep grazing, is benign with respect to these resources. This is further discussed in Section 4.1 of the Ecological Impact Assessment (Exhibit X)
(ii) methods for protecting streams, wetlands, and vegetation, particularly mature trees, wetland vegetation, and woody vegetation in riparian areas.
Response: The operation of the Project is not expected to impact streams, wetlands, woody vegetation in riparian areas, and non-pasture vegetation such as mature trees. Operations will occur within fenced areas, which will be setback from stream and wetlands. The nature of operations, consisting of solar operating personnel in street vehicles and on foot and sheep grazing, is benign with respect to these resources. This is further discussed in Section 4.2.1 of the Ecological Impact Assessment (Exhibit X).
(iii) a description of any expected use of herbicides for maintenance.
Response: These descriptions are provided in Section 4.2.2 of the Ecological Impact Assessment (Exhibit X) As described in Section 4 of the Vegetation Management Plan (Exhibit C), limited amounts of herbicides may be used to control invasive species or vegetation that is not grazed and is difficult or costly to remove mechanically. Applicant expects, however, that the amount of herbicides applied will be far less than that used for the current row crop operations.
(c) Any plans for post-construction monitoring of wildlife impacts.
Response: After construction is complete, Applicant does not expect to need to monitor any particular species for wildlife impacts. A possible exception is monitoring of the eastern Massasauga depending on whether the Project intersects with any habitat of that species. This is further discussed in Section 4.2.3 of the Ecological Impact Assessment (Exhibit X).
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(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.
Response: This is discussed in Section 4.2.4 of the Ecological Impact Assessment (Exhibit X) and Sections 3 and 4 of the Vegetation Management Plan (Exhibit C).
(5) A description of anticipated actions to prevent establishment and/or further propagation of noxious weeds identified in rule 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.
Response: Because the vegetation within the fences will be sheep pasture, Applicant plans to include pollinator-friendly plantings only in the perimeter landscaping for the Project. Applicant acknowledges the need 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.
Response: A map with the above information is provided in Figure 11 – Land Use Map. With regard to subsection (a)(i), the map reflects the proposed solar infrastructure from the Preliminary Maximum Site Plan (Exhibit A). The information in subsection (a)(ii) is not included because it is not
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applicable to the Project. For subsection (a)(iii), the map shows land use as classified by Logan County.
(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-ofway 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.
Response: A table with the above information for structures is provided in Figure 12 – Table of Structures within 1,500 Feet of Generation Equipment A table with the above information for property lines is provided in Figure 13 – Table of Property Lines within 1,500 Feet of Generation Equipment
(ii) For all structures and property lines within two hundred and 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.
Response: A table with the above information for structures is provided in Figure 14 – Table of Structures within 250 Feet of Associated Facilities. A table with the above information for property lines is provided in Figure 15 – Table of Property Lines within 250 Feet of Associated Facilities.
(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.
Response: Applicant is not leasing any of the listed structures for use as part of the Project. Other than the minimum setbacks and perimeter landscaping for the Project, Applicant does not believe that any mitigation procedures are necessary
(c) An evaluation of the impact of the proposed facility on the above land uses identified on the map in 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.
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Response: A table with estimates of the acreages of impacts (that is, surface disturbance for construction and surface change for operation) for each type of component of the Project (for example, inverters, roads, etc. ) for each land use type (for instance, agricultural, commercial, etc.) is provided in Figure 16 – Land Use Impacts Table. The figures provided are based on the Preliminary Maximum Site Plan (Exhibit A) and supplemented with several conservative assumptions, as indicated in the table.
(d) The identity of structures that will be removed or relocated.
Response: Applicant is not planning to remove or relocate any structures as part of the construction of the Project.
(2) NOT APPLICABLE (wind facilities only)
(3) NOT APPLICABLE (wind facilities only)
(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.
Response: Applicant reviewed Logan’s County’s Comprehensive Plan (August 14, 2007)(“Comprehensive Plan”) for indications of possible future plans for the Project Area. (The Comprehensive Plan is available on the website for the LUC Regional Planning Commission: https://www.lucplanning.com.) As discussed below with regard to aesthetic considerations, the overriding concern expressed in the Comprehensive Plan is the effect of unchecked urban-suburban sprawl on rural character and, conversely, the need to support low-density, agricultural uses Please refer to Chapter 5 (“Goals and Objectives”). Although there is no specific use indicated for the Project Area, a case study on how high-density development expanded around Indian Lake over a period of several decades is provided. Please refer to Chapter 6 (“Indian Lake Area Case Study”).
Because zoning regulations and maps may also be considered formally-adopted plans for future use, Applicant also reviewed those for Russells Point and each of the townships. The parcel in Russells Point that will host the O&M facility is zoned B-3/Central Business District, whose “purpose . . . is to provide land for retail, service, office, institutional, commercial, recreational and cultural facilities that are fully compatible in an intensely developed or developing commercial center and for a logical expansion of the compacted core.” Codified Ordinances of Russells Point § 1169.07. The portions of the Project Area in Richland Township and McArthur Township are in the U-1/Rural District. Public services facilities, which includes power plants, are classified as a conditional uses in this district. The portions of the Project Area in Bloomfield Township and Washington Township are in the U-1/Rural District and U-1/Rural Undeveloped District, respectively. These townships’ zoning regulations allow only solar for on-site consumption, both also make clear that this does not apply to facilities subject to OPSB jurisdiction. The portion of the Project Area in Stokes Township is not zoned.
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(b) Describe the applicant's plans for concurrent or secondary uses of the site.
Response: Other than the concurrent uses of electric generation and sheep pasture, Applicant does not have any plans for concurrent or secondary uses of the Project Area.
(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.
Response: Apart from the positive economic impacts described in the Economic Report (Exhibit F), and that residential development will be precluded within the fences of the Project for the life of the Project, Applicant does not expect that the Project will have significant impacts on regional development. Applicant does expect that the economic benefits of the Project will be particularly positive for Indian Lake Schools. It also is hopeful that the Project’s effort to revitalize a portion of the Great Miami River will help spur some commercial development in the form of recreationrelated businesses, such those for canoeing and kayaking. The Project is not expected to affect regional development with respect to housing, industrial development, transportation system development, or other public services and facilities.
(d) Assess the compatibility of the proposed facility and the anticipated resultant regional development with current regional plans.
Response: The positive economic impacts described in the Economic Report (Exhibit F) are compatible with regional plans that seek economic growth funds for government services. In addition, the Project supports regional plans because it will preclude urban/suburban sprawl and high-density residential development within the Project Area
(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.
Response: A table with the above information is provided in Figure 17 – Population Table. In addition, county population data is provided on pages 4-6 of the Economic Report (Exhibit F)
(D) Information on cultural and archaeological resources.
(1) Landmark mapping. A description 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 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
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by the national registry of natural landmarks, the state historic preservation office, or the Ohio department of natural resources.
Response: A map with the above information (within five miles of the Project Area, per a pending waiver request) is provided in Figure 18 – Landmarks Map.
(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.
Response: The studies are described in the Phase 1 Cultural Resources Work Plan for the Project, which the state historic preservation office (“SHPO”) approved in a letter dated April 5, 2024. Both are provided in Exhibit Y – Cultural Methodology
(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.
Response: A description of the impacts to historic (architectural) resources is provided in Exhibit Z –Historic Resources Study. The Historic Resources Study (Exhibit Z) concluded that three (3) resources in the Study Area that are eligible for listing on the National Register of Historic Places (“NRHP”) will experience an adverse effect, but Applicant believes that the perimeter vegetation described in the Landscaping Plan will effectively mitigate those effects. Applicant has submitted the Historic Resources Study (Exhibit Z) to SHPO and plans to discuss mitigation with SHPO based on the landscaping.
A description of the impacts to archaeological resources is provided in Exhibit AA – Archaeology Study (Note that, in accordance with Applicant’s motion for a protective order to preserve the integrity of artifacts and resources, the public version of this document posted to the OPSB docket has been redacted to remove locational information. The full version has been provided separately to OPSB.) The Archaeology Study concluded that seven (7) resources in the Project Area may contain important historical information and that additional work is needed to determine whether they are eligible for listing on the NRHP. Applicant plans to either avoid these areas or conduct additional work to determine their eligibility. A copy of the Historic Study has been provided to SHPO for its review and feedback.
Additional information about Applicant’s mitigation plans are provided below in response to 4906-409(C)(4).
(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.
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Response: A further description and information about the various recreation and scenic areas identified in the Landmarks Map pursuant to paragraph (D)(1) is provided in Section 2.2 of Exhibit BB – Visual Resource Assessment The recreation and scenic areas are listed in Table 3 of the Visual Resource Assessment (Exhibit BB) under these major sub-categories of resources: “Designated Scenic Resources and “Public Lands and Recreational Resources.” Generally speaking, these areas are located north of the Project Area in connection with Indian Lake or within the various towns in the region, but particularly Lakeview and Russells Point. For the most part, these resources focus on lake-related activities such as boating, fishing and camping. The topography is generally fairly level, and hydrology and wildlife are generally lake-focused.
The Project is not expected to have a significant visual impact on these recreation and scenic areas and Indian Lake in particular because, with the exception of the Project Substation, the maximum height of the components will be only 15 feet. Potential views of these low-profile components from most of the recreation and scenic areas largely will be blocked by intervening structures and vegetation. The path of U.S. Route 33, which runs north of the Project (with the exception of the part of the Project planned for Richland Township) combined with the built-up areas of Lakeview and Russells Point along the southern shores of the lake tend to visually separate the lake to the north from the Project to the south. Moreover, activities at most of these recreation and scenic resources are focused toward the lake, not the Project Area The closest solar panels to the lake itself will be about 2,000 feet away, which is more than one-third of a mile.
Although the taller components of the Project Substation will have greater visibility, there are relatively few of these components and they will have similar visibility as a variety of other taller structures in the general area. These include a large number of wind turbines north of the lake, two wind turbines south of the lake next to the Honda plant, cell towers, water towers, an existing electric substation, and the Transmission Line.
Additional information about the visibility of the Project from these recreation and scenic area is provided in Section 2.3 of the Visual Resource Assessment (Exhibit BB)
Applicant’s plans to mitigate the visual impacts of the Project on these recreation and scenic areas consists of the minimum setback between the solar panels and public roads (150 feet), the retention of the vast majority of the trees in the Project Area, and the addition of extensive perimeter landscaping that is described in Exhibit CC – Landscape Plan. The combination of the low profile of the solar panels, the location of the Project relative to Indian Lake, and these mitigation measures makes the impact of the Project on nearby recreational resources minimal. The Project will have far less visual impact on this area than the many wind turbines visible to the north.
(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.
Response: As noted above, Applicant plans to mitigate adverse impacts to the limited number of identified historic resources that may be visually affected by the Project through perimeter
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landscaping. Applicant plans to mitigate impacts to the limited number of archaeological resources that may be impacted by construction of the Project by either avoiding or further studying for eligibility the identified archaeological resources. Applicant plans to memorialize these mitigation plans in a Memorandum of Understanding (“MOU”) with SHPO. The MOU is expected to include provisions for physically marking the perimeter (including an appropriate buffer) of the archaeological resources and for addressing the discovery of any additional archaeological resources during the construction, operation or decommissioning of the Project. More information on this subject is provided below in response to Rule 4906-4-09(C)(4).
(6) Visual impact of the 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.
Response: As noted above, the Project is not expected to have a significant visibility because, with the exception of the Project Substation, the maximum height of the components will be only 15 feet and the views of these components from many locations will be blocked by objects and trees that are part of the existing landscape. The taller components within the Project Substation will not have significant impacts different from the many high structures in existence. Subject to a pending request for a waiver to reduce the study to five (5) miles, a description of the visibility of the Project, including a viewshed analysis and area of visual effect, are provided in Sections 2.1 and 2.2 of the Visual Resource Assessment (Exhibit BB) The viewshed analysis includes a component without deciduous vegetation, agricultural crops, or other seasonal land cover as viewing obstacles, although a more realistic component with these features also is provided. The Visual Resource Assessment (Exhibit BB) was prepared by a professional with experience in developing visual impact assessments.
(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 (D)(1) of this rule.
Response: In addition to the response provided to 4906-4-08(D)(4), above, a description of the visibility of the Project from the various resources shown on the Landmarks Map (Figure 18) in compliance with Section (D)(1) is provided in Sections 2.1 and 2.2 of the Visual Resource Assessment (Exhibit BB). This includes scenic areas.
Residential areas in the vicinity of the Project Area, and in particular Russells Point and Lakeview, are accounted for as “Cities, Villages” in Table 3 of the Visual Resource Assessment (Exhibit BB). Most of the areas in Lakeview and Russells Point will have very limited views of the solar panels since they
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are in highly built up areas, there are substantial blocks of trees in the area, U.S. Route 33 tends to bisect them and the Project, and most of these residential areas focus on the lake to the north.
Residential areas in Jackson Center, Belle Center and Huntsville will have extremely limited views owing mostly to distance.
(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.
Response: The communities of Russells Point and Lakeview are heavily built up areas with significant vegetation that largely are oriented toward the lake to the north.
South and east of these towns, the landscape is similar to other agricultural areas in the region, except that the central portion of the Project Area has a higher number of non-agricultural features. These include manufacturing and commercial enterprises (the Honda plant, a quarry, and a selfstorage facility) and utility-related structures (wind turbines, an electric substation, a water towers, cell towers, and a very large electric transmission line). Except for the portion of the Project that would be in Richland Township, which also features a large quarry, the Project Area is typical of Ohio farm areas with flat land and low population density. A further description of the existing landscape and an evaluation of its scenic quality is provided in Sections 1.2.2 and 1.2.3 of the Visual Resource Assessment (Exhibit BB)
The available plans, policies and regulations for Logan County, Russells Point and the townships that would host the Project were limited, but a review of them provided some information about visual resources and the visual preferences of the community. The primary visual-related subject relates to increasing population density and related urban-suburban sprawl.
Most notably, the County’s Comprehensive Plan acknowledges (p. 1) a broad desire to manage “increases in population and housing in the region that will inevitably continue to sprawl outwards from the Columbus Metropolitan Region.” In this connection, it also notes (p. 2) that “[o]verwhelmingly, preserving rural character through controlled development was the main concern of the community.” The Comprehensive Plan recognized (p. 2) that “[r]esidents place a high value on their small town, country atmosphere” and the “peacefulness and quietness” of the area. It warns (p. 63) that the “consequences of losing land to urban sprawl may seem insignificant but the resulting domino effect of that land transfer will likely resonate through time.”
(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.
Response: As noted above, all structures within the fenced solar fields will be less than 15 feet high and will present a consistent, low-lying, horizontal “line” on the landscape. The Project Substation will include a few tall components that will cause more alteration of the landscape, but will be
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located in a relatively small area. Illustrations of the scale, form, and materials of all facility structures are provided in the photographic simulations presented in Section 2.4 of the Visual Resource Assessment (Exhibit BB)
Although the solar panels and associated components will be a new feature on the landscape, and will be noticeable particularly in the first few years of operation, they are not expected to adversely affect the aesthetic quality of the area. The aesthetic quality of the area will be party maintained through (1) substantial minimum setbacks (300 feet from homes – the length of a football field) and 150 feet from public roads; (2) the retention of the vast majority of the existing trees and bushes in the Project Area; and (3) substantial perimeter landscaping to be added pursuant to the Landscape Plan (Exhibit CC)
The tall structures of the Project Substation will affect the scenic quality to a degree, but the effect should be minimized since they will be near the Transmission Line, which is a large utility structure that already dominates the immediate view in the area. The Project Substation also will be located relatively near an existing electric substation (photograph provided in Section 2.4.5 of the Visual Resource Assessment (Exhibit BB)).
(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.
Response: The resources identified in the Landmarks Map (Figure 18) pursuant to Section (D)(1) (within five (5) miles, per Applicant’s waiver request) that Applicant believes are valued by area residents and visitors specifically for their scenic quality are Indian Lake, Indian Lake State Park, Dunns Pond, McColly Covered Bridge, Bickham Covered Bridge, Gross Memorial Woods State Preserve, and Emil Davis Park.
Generally speaking, for all of the reasons provided above (low profile of solar panels, minimum setbacks, retention of existing vegetation, and addition of perimeter landscaping), Applicant does not expect that the Project will have significant visual impacts on these resources. Activities at Indian Lake, Indian Lake State Park and Dunns Pond are generally focused toward the lake, not south toward the nearest parts of the Project Area. Gross Memorial Woods State Preserve is a considerable distance west of the Project Area. Emil Davis Park will be close to two fields hosting solar panels, but one is already separated by a substantial line of trees and the other will be planted with perimeter landscaping. Applicant expects that any visual effects on Bickham Covered Bridge will be more than satisfactorily addressed in the expected MOU with SHPO.
(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.
Response: These photographic simulations and the rationale for their selection are provided in Section 2.3 and Section 2.4 of the Visual Resource Assessment (Exhibit BB) Applicant did not
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formally coordinate the selection of these vantage points with local officials or groups, but Applicant has been present and active in the area for several years and has engaged heavily with officials, groups and residents. From this engagement, the vantage points were selected to include views from the lake, Russells Point and Lakeview, and from a road along which live several neighbors who had expressed strong reservations about the Project.
(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.
Response: The primary measures that Applicant will take to minimize adverse visual impacts are locating the solar fields away from areas of high-density residential development, leaving in place the vast majority of existing trees and bushes, incorporating substantial setbacks, and planting robust perimeter landscaping As described above, facility colors will not be prominent and lighting will be minimal. The Project does not include any turbines. Applicant is not aware of any safety requirements with which these measures conflict.
(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.
Response: This map is provided in Figure 19 – Agricultural Resources Map.
(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.
Response: Virtually all of the Buildable Area, which is approximately 2,600 acres, is agricultural land that is in row crop production. All of this area will be impacted in the sense that it will be converted to fenced pasture that also hosts the solar components. The maximum acreage of surface impacts from the solar and related components within this larger acreage (that is, the footprints of the laydown yards, access roads, inverters, piles for racking, and pyranometers) are provided in the Land Use Impacts Table (Figure 16).
(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:
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(i) Field operations such as plowing, planting, cultivating, spraying, aerial applications, and harvesting.
Response: For the farm land within the fence (about 2,600 acres), current row crop use and all associated field operations, such as plowing, planting, cultivating, spraying, aerial applications and harvesting, will cease during construction, operation and decommissioning of the Project. These activities and uses may continue outside the fences and may be resumed after decommissioning of the Project should the landowner so desire.
(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.
Response: Applicant is not aware of any irrigation systems that would be affected by construction of the Project.
(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.
Response: A description and map of existing field drainage systems, which consists primarily of subsurface drain tile systems, and a description of the data sources and methods used to obtain the information for the mapping, is provided in Exhibit DD – Drain Tile Assessment. Applicant expects that the impact of the construction and operation of the Project on drainage title systems will be to maintain or improve their function and, accordingly, maintain or improve drainage in the Project Area.
For the majority of the area in which construction will occur, Applicant plans as an integral part of the final design and construction of the Project to decommission the existing drain tile systems and replace them with new systems. In construction areas in which the Project is designed and built to work in harmony with the existing drain tile system (for instance, in areas with limited drain tile, drain tile installed at depths lower than construction is expected to take place, or relatively new drain tile that is GPS-located), Applicant will either promptly repair any damaged tile to at least its original conditions or a modern equivalent or (if the participating landowner consents) not perform the repair as long as the drain tile systems of adjacent landowners and public rights-of-way are unaffected.
(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.
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Response: A description of the anticipated impacts, the planned handling of topsoil, and how compaction will be minimized and, when compaction occurs, how it will be addressed, is provided in the Preliminary Agricultural Soils Protection Plan (Exhibit EE)
(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.
Response: Applicant does not plan to remove any agricultural structures as part of the construction of the Project.
(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.
Response: Applicant understands that, notwithstanding the sheep grazing operation, the land within the Buildable Area that is part of an agricultural district and/or enrolled in the CAUV program will come out of those programs for the duration of the construction, operation, and decommissioning of the Project. The Project and the temporary cessation of these programs will not, however, affect the viability of the land as agricultural land and it will continue as such through sheep grazing. Once the Project is decommissioned, the land can be returned to row crop cultivation. The landowner also would be eligible to re-enter those agricultural programs, whether the landowner chooses to do that solely to continue sheep grazing or undertake some other agricultural use.
(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.
Response: Responsive information about mitigation with respect to land and soil, including segregation of removed topsoil and decompaction and restoration of topsoil to original conditions, is addressed in detail in the Preliminary Agricultural Soils Protection Plan (Exhibit EE) Responsive information about mitigation with respect to drain tile, is addressed in detail below. (Applicant expects that the only type of agricultural structure that will be affected by the Project is drain tile.) Applicant does not expect that the Project will have any impacts to agricultural practices, except that within the fences sheep will graze pasture instead of row crops being cultivated, and therefore no mitigation is needed.
(3) Drain tile considerations. Examples of relevant information include:
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(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.
Response: Preliminary information showing benchmark conditions of existing drain tile systems in the Project Area are provided in the Drain Tile Assessment (Exhibit DD), which included contacting the county soil and water conservation district and other county representatives. Applicant plans to contact the owners of adjacent farm fields for additional information about the tile that may cross into their property. Applicant also plans, using the methods identified in the Drain Tile Assessment (Exhibit DD), to continue gathering drain tile data and updating its maps as part of the final engineering and design of the Project. The final data set and maps will be provided in a final drain tile assessment that will inform design, including the design of replacement drain tile systems.
(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.
Response: Drain tile systems that flow into or out of the planned construction area, particularly “main” (versus “lateral”) tile lines are expected to be readily identifiable and accounted for in the final engineering and design of the Project. These would be protected and maintained during construction, unless the design called for relocation or replacement. Many of the main tile systems have already been identified in “figures 1 to 58” of the Drain Tile Assessment (Exhibit DD). Any drain tile lines that cross into adjacent landowner’s property should be identified in the outreach planned with those neighboring farmers.
(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.
Response: Many of the main and lateral tile lines in the planned construction area have already been identified in “figures 1 to 58” in the Drain Tile Assessment (Exhibit DD). As noted above, for the majority of the area in which construction will occur, Applicant plans to decommission the existing systems and replace them with new systems in conjunction with the subsurface installation of the solar infrastructure (primarily driven piles and buried collection lines). For those drain tile lines not replaced, Applicant either will promptly repair any damaged tile to at least its original conditions or modern equivalent or (if the participating landowner consents) not perform the repair as long as the drain tile systems of adjacent landowners and public rights-of-way are unaffected.
(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.
Response: See response to 4906-4-08(E)(2)(b)(iii), above.
(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
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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.
Response: In areas in which the Project is designed and built to work in harmony with the existing drain tile system, Applicant either will promptly repair any damaged tile to at least original conditions or modern equivalent or (if the participating landowner consents) not perform the repair as long as the drain tile systems of adjacent landowners and public rights-of-way are unaffected. Additional information is included at Section 3 of the Drain Tile Assessment (Exhibit DD).
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4906-4-09 Regulations associated with renewable energy generation facilities.
The following requirements apply to renewable energy generation facilities, and amendments to this rule apply only to applications filed after the rule’s effective date.
(A) Construction, location, use, maintenance, and change.
(1) POST-CERTIFICATE REQUIREMENTS (regulatory compliance)
(2) Construction, operations, and maintenance safety.
(a) POST-CERTIFICATE REQUIREMENT (safety manual compliance)
(b) Geological features
(i) Within the application, the applicant shall provide a preliminary geotechnical exploration and evaluation to confirm that there are no issues to preclude development of the facility, including, but not limited to: borings, test pits, and/or subsurface samples at the substation(s), overhead collection line pole locations, and representative samples of the project area.
Response: A preliminary geotechnical investigation showing data from subsurface boings confirming that the Project Area is appropriate for development of the Project is appended as Appendix A to the Geology-Hydrogeology Report (Exhibit P). The preliminary geotechnical investigation included 50 borings of depths from 14.9 to 50 feet. The borings locations are shown on the four maps (“figures 1A, 1B, 1C and 1D”) in the preliminary geotechnical investigation. The maps demonstrate that the locations of the borings are representative of the Project Area, including the location of the Project Substation. All borings were backfilled after the samples were taken.
(ii) POST-CERTIFICATE REQUIREMENT (final geotechnical evaluation)
(iii) POST-CERTIFICATE REQUIREMENT (borehole abandonment)
(iv) POST-CERTIFICATE REQUIREMENT (submission of boring logs)
(c) POST-CERTIFICATE REQUIREMENT (blasting)
(3) Maintenance and use.
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(a) POST-CERTIFICATE REQUIREMENT (equipment maintenance)
(b) POST-CERTIFICATE REQUIREMENT (construction/maintenance access plan)
(c) The applicant shall have a vegetation management plan. The plan must identify all areas of proposed vegetation clearing for the project, specifying the extent of the clearing, and describing how such clearing work will be done so as to minimize removal of woody vegetation. The plan must also describe how trees and shrubs around structures, along access routes, at construction staging areas, during maintenance operations, and in proximity to any other project facilities will be protected from damage. Priority should be given to protecting mature trees throughout the project area, and all woody vegetation in wetlands and riparian areas, both during construction and during subsequent operation and maintenance of all facilities; low-growing trees and shrubs in particular should be protected wherever possible within the proposed right-of-way. The vegetation management plan should also explore various options for disposing of downed trees, brush, and other vegetation during initial clearing for the project, and recommend methods that minimize the movement of heavy equipment and other vehicles within the right-of-way that would otherwise be required for removing all trees and other woody debris off site.
Response: A preliminary version of the Project’s Vegetation Management Plan (Exhibit C) is included in this application.
The areas of proposed vegetation clearing for the Project are limited to about 13 acres, and are shown on the Ecological Features Map (Figure 10). Given that this limited clearing will take place within a far larger area of about 2,600 acres, Applicant believes that it has demonstrated that the planned clearing work will minimize the removal of woody vegetation.
Additional information in response to this rule is provided in Section 5.2 of the Ecological Impact Assessment (Exhibit X)
(d) For both construction and future right-of-way maintenance, the applicant shall limit, to the greatest extent possible, the use of herbicides in proximity to surface waters, including wetlands along the right-of-way. Individual treatment of tall-growing woody plant species is preferred, while general, widespread use of herbicides during initial clearing or future right-of-way maintenance should only be used where no other options exist, and with prior approval from the Ohio environmental protection agency. Prior to commencement of construction, the applicant shall describe the planned herbicide use for all areas in or near any surface waters during initial project construction and/or future right-of-way maintenance.
Response: Applicant acknowledges these requirements, and will comply
(e) The Applicant shall prevent the establishment and propagation of noxious weeds identified in Ohio Adm. Code Chapter 901:5-37 in the project, including its setback areas,
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during construction, operation, and decommissioning via procedures and processes specified and required by the project’s vegetation plan. The Applicant shall provide annual proof of weed control for the first four years of operation, with the goal of weed eradication significantly completed by year three of operation.
Response: Applicant acknowledges these requirements, and will comply.
(f) Within its plans for post-construction site restoration and stabilization of disturbed soils, such restoration plans shall include:
(i) The applicant shall remove all temporary gravel and other construction staging area and access road materials after completion of construction activities, as weather permits, unless otherwise directed by the landowner.
(ii) The applicant shall not dispose of gravel or any other construction material during or following construction of the facility by spreading such material on agricultural land. All construction debris and all contaminated soil shall be promptly removed and properly disposed of in accordance with Ohio environmental protection agency regulations.
Response: Unless otherwise directed by the applicable landowner participating in the Project or usable by the grazing operation, Applicant will remove temporary gravel, other construction staging areas, and access road materials after construction activities. Applicant will not dispose of gravel or any other construction material during or after construction by spreading it over the ground surface. Applicant will promptly remove and properly dispose of in accordance with applicable law all construction debris and, although none is expected, any contaminated soil that is encountered during construction.
(4) POST-CERTIFICATE REQUIREMENTS (change; reconstruction; alteration; enlargement)
(B) Erosion control. Within its procedures for inspection and repair of erosion control measures, the applicant shall employ the following erosion and sedimentation control measures, construction methods, and best management practices when working near environmentally-sensitive areas or when in close proximity to any watercourses:
(1) During construction of the facility, seed all disturbed soil, except within actively cultivated agricultural fields, within seven days of final grading. Denuded areas, including spoils piles, shall be seeded and stabilized in accordance with the applicant’s approved stormwater pollution prevention plan, if they will be undisturbed for more than twenty-one days. Reseeding shall be conducted in accordance with the applicant’s approved stormwater pollution prevention plan as necessary until sufficient vegetation in all areas has been established.
(2) Inspect and repair all erosion control measures after each rainfall event of one-half of an inch or greater over a twenty-four-hour period, and maintain controls until permanent vegetative cover has been established on disturbed areas.
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(3) Delineate all watercourses, including wetlands, by fencing, flagging, or other prominent means.
(4) Avoid entry of construction equipment into watercourses, including wetlands, except at specific locations where construction has been approved.
(5) Prohibit storage, stockpiling, and/or disposal of equipment and materials in these sensitive areas.
(6) Locate structures outside of identified watercourses, including wetlands, except at specific locations where construction has been approved.
(7) Divert all storm water runoff away from fill slopes and other exposed surfaces to the greatest extent possible, and direct instead to appropriate catchment structures, sediment ponds, etc., using diversion berms, temporary ditches, check dams, or similar measures.
Response: Applicant will include all of the above in its SWP3, and will comply with the above requirements.
(C) Aesthetics and recreational land use.
(1) POST-CERTIFICATE REQUIREMENTS (vandalism)
(2) No commercial signage or advertisements may be displayed on any infrastructure, except for reasonable identification of the manufacturer or operator of the facility.
Response: Applicant will comply with this requirement.
(3) NOT APPLICABLE/POST-CERTIFICATE REQUIREMENTS (aviation-related lighting)
(4) The applicant shall provide a plan to avoid adverse impacts of the proposed facility on landmarks in the surrounding area. Landmarks, for the purpose of this rule, refer to 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 historic preservation office, or the Ohio department of natural resources. If avoidance measures are not feasible, the applicant shall describe why impacts cannot be avoided and shall provide an evaluation of the impact of the proposed facility on the preservation and continued meaningfulness of registered or potentially eligible landmarks of historic, religious, archaeological, scenic, natural, or other cultural significance and describe plans to mitigate any adverse impact. The mitigation plan shall contain measures to be taken should previously-unidentified archaeological deposits or artifacts be discovered during construction of a project.
Response: As discussed above in response to 4906-4-08(D)(3), Applicant plans to mitigate by means of the Project’s perimeter landscaping any adverse impacts to the three historic structures that have been identified as being visually affected by the Project. The three resources consist of two historic homes and an historic bridge, and the adverse effects were determined based on distance from the Project. These potential adverse effects do not take into account mitigation provided by the
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Landscape Plan (Exhibit CC) and, thus, the Landscape Plan can provide effective mitigation of these impacts.
Because of their proximity to the planned infrastructure and the flat landscape, even with the Landscape Plan (Exhibit CC), it may not be possible to fully avoid some limited visual impacts to the two historic homes. But the perimeter landscaping should substantially mitigate any adverse impacts to them and preserve their continued meaningfulness.
Applicant believes that the Landscape Plan (Exhibit CC) will fully mitigate any impacts to the historic bridge to the point that they are essentially avoided. The bridge is more than one-fourth mile from the Project, and there already is very substantial intervening vegetation. The Historic Resources Study (Exhibit Z) notes (on p. 83) that, because much of the intervening vegetation is deciduous, “[a]t certain times of year, there could be minor visibility of the Project from the covered bridge.” Thus, the Landscape Plan (Exhibit CC) should fully mitigate the already very modest impacts to this resource.
Also as discussed above in response to 4906-4-08(D)(3), Applicant plans to mitigate impacts to the seven archaeological resources that may be impacted by construction of the Project by either (1) avoiding these areas (plus an appropriate buffer); or (2) further studying the eligibility of the identified archaeological resources. This plan achieves full avoidance of any adverse impacts because either construction will not impact the resource or the resource will have been determined through additional subsurface investigation to be not eligible
Applicant expects to memorialize the above mitigation plans in an MOU with SHPO, a copy of which would be provided to OPSB Staff
(5) The applicant shall provide photographic simulations or artist's pictorial sketches of the proposed facility from at least one vantage point in each area of three square miles within the project area, showing views to the north, south, east, and west. The photographic simulations or artist’s pictorial sketches shall incorporate the environmental and atmospheric conditions under which the facility would be most visible.
Response: These photographic simulations of the Project from each area of three square miles within the Project Area, including simulations from north, south, east and west, are provided in Section 2.4 of the Visual Resource Assessment (Exhibit BB).
(D) Wildlife protection. The applicant shall satisfy the following requirements to avoid or mitigate impacts to federal or state listed and protected species.
(1) The applicant shall coordinate with the United States fish and wildlife service, the Ohio department of natural resources division of wildlife, and board staff to determine if any actions are necessary to avoid impacts to federal or state listed and protected species or other species which may be impacted. The applicant shall provide coordination letters received from the United States fish and wildlife service and the Ohio department of natural resources division of wildlife. If the United States fish and wildlife service, the Ohio department of natural resources division of wildlife, or board staff identify any recommendations for the avoidance of impacts to specific species, the applicant shall describe how it shall address all recommendations.
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Response: Applicant will comply with this requirement. Much of this coordination is already addressed in the Wildlife Study (Exhibit W), and the relevant coordination letters from USFWS and the Division of Wildlife at ODNR are appended as Appendices C and D to the Wildlife Study Applicant will implement the recommendations in those coordination letters, including recommendations about bald eagles, rare bats (Indiana, Northern long-eared, Little brown, and Tricolored), northern harriers and sandhill cranes. As also discussed in the Wildlife Study (Exhibit W), Applicant plans to consult further with the agencies and OPSB Staff about steps needed with respect to the eastern Massasagua, and Applicant will provide to OPSB Staff any additional coordination letters from the agencies on that species.
(2) POST-CERTIFICATE REQUIREMENT (notice of protected species)
(3) The applicant shall avoid construction in federal or state listed and protected species’ habitats during seasonally restricted dates, or at restricted habitat types, as provided by the Ohio department of natural resources and the United States fish and wildlife service, unless coordination efforts with the Ohio department of natural resources and the United States fish and wildlife service allows a different course of action.
Response: Applicant will comply with this rule. Applicant will observe the “time of year” restrictions recommended by USFWS and ODNR in their coordination letters for the Project unless future coordination allows a different course of action. This includes “time of year” restrictions recommended by these agencies to protect rare bats (Indiana, Northern long-eared, Little brown, and Tricolored), northern harriers and sandhill cranes. These letters are included as Appendices C and D to the Wildlife Study (Exhibit W). As noted, additional coordination will address whether any particular course of action is appropriate to protect the eastern Massasagua.
(4) POST-CERTIFICATE REQUIREMENT (protected species mitigation)
(5) POST-CERTIFICATE REQUIREMENT (on-site environmental specialist)
(6) The Applicant shall, to the extent practicable, minimize the clearing of wooded areas, including scrub/shrub areas, which would lead to fragmentation and isolation of woodlots or reduce connecting corridors between one woodlot and another.
Response: Applicant will comply with this rule. The Project will disturb relatively few acres a maximum of 13 acres within the (approximately 2,600-acre) Buildable Area. This will minimize the fragmentation and isolation of woodlots or reduction of connecting corridors between woodlots.
(E) Noise.
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(1) General construction activities shall be limited to the hours of seven a.m. to seven p.m., or until dusk when sunset occurs after seven p.m. Impact pile driving, hoe ram, and blasting operations, if required, shall be limited to the hours between ten a.m. to five p.m., Monday through Friday. Construction activities that do not involve noise increases above ambient levels at sensitive receptors are permitted outside of daylight hours when necessary. Sensitive receptor, for purposes of this rule, refers to any occupied building. The applicant shall notify property owners or affected tenants within the meaning of paragraph (B)(2) of rule 4906-3-03 of the Administrative Code of upcoming construction activities including potential for nighttime construction activities.
Response: Applicant will comply with these restrictions, which are acknowledged in Section 3 of the Noise Study (Exhibit O)
(2) The facility shall be operated so that its daytime and nighttime noise contributions do not result in noise levels at any non-participating sensitive receptor within one mile of the project boundary that exceed the greater of 40 dBA or the project area ambient daytime and nighttime average sound level (L50) by five A-weighted decibels (dBA).
Response: Applicant will comply with these restrictions. The Noise Study (Exhibit O) demonstrates that the Project as presented in the Preliminary Maximum Site Plan (Exhibit A) using the Representative Component Models (Exhibit B) would comply with these requirements. (Applicant also notes that, regardless of the above restrictions, the Preliminary Maximum Site Plan (Exhibit A) does, and the final design of the Project will, include a minimum setback from inverters to nonparticipating homes of 500 feet.)
(3) After commencement of commercial operation, the applicant shall conduct further review of the impact and possible mitigation of all project-related noise complaints through its complaint resolution process. Non-participating, as used in this context, refers to a property for which the owner has not signed a waiver or otherwise agreed to be subject to a higher noise level.
Response: Applicant acknowledges this requirement, and will comply with it
(F) POST-CERTIFICATE REQUIREMENT (decommissioning; remediation; restoration; removal)
(G) The following are applicable to solar facility applications.
(1) High wind velocities. Solar facility applicants will provide an analysis of high wind velocities for the area, including the probability of occurrences and likely consequences of various high wind velocities, and describe plans, approved by a professional engineer, to mitigate any likely adverse consequences.
Response: This analysis is provided in the Wind Analysis (Exhibit R)
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(2) Stormwater management. The applicant shall construct the facility in a manner that considers the Ohio environmental protection agency’s guidance on postconstruction storm water controls for solar panel arrays. The Applicant shall mitigate potential water quality impacts associated with aquatic discharges by obtaining an Ohio national pollutant discharge elimination system construction stormwater general permit from the Ohio environmental protection agency with submittal of a notice of intent for coverage under that permit. The applicant shall develop and implement a stormwater pollution prevention plan, a spill prevention control and counter measure plan, and a horizontal directional drilling inadvertent release of drilling fluid contingency plan to minimize and prevent potential discharges to surface waters in the project area and surrounding area.
Response: Applicant will comply with this requirement. The requirement to consider OEPA’s guidance is addressed in the Stormwater Analysis (Exhibit L). Applicant will submit an NOI for the General Construction Permit (Exhibit K) and, in accordance with the General Construction Permit, develop and implement a SWP3 for the Project. Applicant will develop a SPCC plan for the Project based on the quantity of regulated material that are to be stored based on final design. A preliminary plan to address frac-out during HDD activities is appended as Appendix A to the Ecological Impact Assessment (Exhibit X), which will be updated based on final design and prior to the start of construction.
(3) Fencing. Solar panel perimeter fence type is to be both small-wildlife permeable and aesthetically fitting for a rural location. Such fencing requirement does not apply to substation fencing governed by the National Electric Safety Code or other similar safety code standards applicable to substations.
Response: The fencing planned for the solar fields will meet this requirement. The fence will be aesthetically fitting for a rural location because it will be woven-wire, and not made of chain-link or be fitted with any barbed wire or other anti-climbing device. It will be small-wildlife permeable because it will have openings at the bottom of the fence large enough to allow some small wildlife to pass but not so large as to allow sheep predators, such as coyotes, to enter
(4) Setbacks. The facility design is to incorporate a minimum setback from the project’s solar modules of (i) at least 50 feet from non-participating parcel boundaries, (ii) at least 300 feet from non-participating residences existing as of the application filing date, and (iii) at least 150 feet from the edge of pavement of any state, county, or township road within or adjacent to the project area.
Response: The design of the Project meets these requirements These minimum setbacks are reflected in the Preliminary Maximum Site Plan (Exhibit A), and revisions to the Preliminary Maximum Site Plan based on final design and prior to the start of construction will maintain these minimum setbacks
(5) Landscape Plans. The application is to include a landscape plan in consultation with a landscape architect licensed by the Ohio Landscape Architects Board that reasonably mitigates the aesthetic impacts of the facility on adjacent residential non-participating properties, the traveling public, nearby communities, and recreationalists through measures such as shrub
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plantings or enhanced pollinator plantings and be in harmony with the existing vegetation and viewshed in the area. Such vegetative screening is to be maintained for the life of the facility.
Response: The Vegetation Management Plan (Exhibit C) was prepared by a landscape architect licensed by the Ohio Landscape Architects Board and satisfies the above requirements.
(H) NOT APPLICABLE (wind facilities only)
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4906-4-10 Notice and reports of incidents involving wind farm facilities
NOT APPLICABLE (wind facilities only)
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