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Michael J. Settineri
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September 5, 2025
Ms. Tanowa M. Troupe, Secretary
Ohio Power Siting Board Docketing Division
180 E. Broad Street, 11th Floor Columbus, OH 43215
Re: OPSB Case No. 25-0142-EL-BGN
Crossroads Solar I, LLC
Dear Ms. Troupe:
Accompanying this letter is Crossroads Solar I, LLC’s application for a Certificate of Environmental Compatibility and Public Need for the Crossroads Solar Grazing Center, an up to 94 MW solar powered electric generating facility within Cardington, Lincoln and Westfield Townships in Morrow County, Ohio. The original application was electronically filed. Pursuant to Ohio Adm.Code 4906-2-02, three paper copies of the application have been provided to the Ohio Power Siting Board. Additionally, as a courtesy, five portable solid-state drive copies have also been provided to the Board.
In accordance with Ohio Adm.Code 4906-2-04, I would like to make the following declarations:
Name and address of the applicant:
Crossroads Solar I, LLC 1105 Navasota St. Austin, TX 78702
Name and location of the proposed facility:
Crossroads Solar Grazing Center
Cardington, Lincoln, and Westfield Townships
Morrow County, Ohio
September 5, 2025
Page 2
Name and address of the applicant’s authorized representatives:
Michael J. Settineri
Anna Sanyal 52 East Gay Street Columbus, OH 43215
mjsettineri@vorys.com
aasanyal@vorys.com
Notarized Statement
See attached affidavit of David Savage
Vice President
Crossroads Solar I, LLC
Please note that Crossroads Solar I, LLC is concurrently filing a motion requesting limited waivers of Ohio Adm.Code 4906-3-05(B)(2) (PJM studies for interconnection requests); Ohio Adm.Code 4906-4-08(D)(3) (evaluation area for landmarks) and 4906-4-08(D)(6) (evaluation area for a project’s visual impacts). Previously on August 7, 2025, Crossroads Solar filed partial waivers Ohio Adm.Code 4906-2-12, 4906-3-06, 4906-3-07, 4906-3-08, 4906-3-09, and 4906-3-12 due to the passage of Sub. House Bill No. 15 (136th General Assembly), which became effective August 14, 2025. No other waivers are anticipated at this time.
Very truly yours, /s/
Michael J. Settineri
Michael J. Settineri
MJS/jaw
Enclosure
APPLICATION TO THE OHIO POWER SITING BOARD FOR A
CERTIFICATE OF ENVIRONMENTAL COMPATIBILITY AND PUBLIC NEED
CROSSROADS SOLAR GRAZING CENTER
Morrow County
Cardington, Lincoln and Westfield Townships
Crossroads Solar I, LLC
114 W. Main St., Office C
Cardington, Ohio 43315
Case No. 25-0142-EL-BGN
September 2025
4906-4-01
4906-4-02
4906-4-03
4906-4-04
4906-4-05
4906-4-06
4906-4-07
4906-4-08
4906-4-09
4906-4-10
Figures
Figure 1 Project Schedule
Figure 2 Project Area Map
Figure 3 Study Area Map
Figure 4 Constraints Map
Figure 5 Public Officials List
Figure 6 Aviation Map
Figure 7 Water Resources Map
Figure 8 Geological Features Map
Figure 9 Ecological Features Map
Figure 10 Land Use Map
Figure 11 Table of Structures Within 1,500 feet of Generation Equipment
Figure 12 Table of Property Lines Within 1,500 feet of Generation Equipment
Figure 13 Table of Structures within 250 feet of Associated Facilities
Figure 14 Table of Property Lines within 250 feet of Associated Facilities
Figure 15 Land Use Impacts Table
Figure 16 Landmarks Map
Figure 17 Agricultural Resources Map
Figure 18 Agricultural Districts Impacts Table
Crossroads Solar I, LLC
Case No. 25-0142-EL-BGN
Exhibits
Exhibit A Preliminary Maximum Site Plan
Exhibit B Representative Component Models
Exhibit C Preliminary Grazing Plan
Exhibit D Preliminary Vegetation Management Plan
Exhibit E Interconnection Reports
Exhibit F Socioeconomic Report
Exhibit G Summary of Public Outreach
Exhibit H Complaint Resolution Program
Exhibit I Transportation Assessment
Exhibit J Preliminary Decommissioning Plan
Exhibit K General Construction Permit
Exhibit L Stormwater Assessment
Exhibit M Solid Waste Analysis
Exhibit N Aviation Analysis
Exhibit O Noise Impact Assessment
Exhibit P Geology, Hydrogeology, and Preliminary Geotechnical Report
Exhibit Q Preliminary Grading Analysis
Exhibit R Wind Velocities Analysis
Exhibit S Radio and TV Analysis
Exhibit T Radar Analysis
Exhibit U Microwave Path Analysis
Exhibit V Surface Water Delineation Report
Exhibit W Wildlife and Habitat Assessment Report
Exhibit X Ecological Impact Assessment
Exhibit Y Cultural Resources Survey Methodology
Exhibit Z Historic Resources Survey Report
Exhibit AA Phase I Archaeological Survey
Exhibit BB SHPO Concurrence with Cultural Resources Surveys
Exhibit CC Visual Resources Assessment
Exhibit DD Preliminary Landscape Plan
Crossroads Solar I, LLC
Case No. 25-0142-EL-BGN
Exhibit EE Landscape Maintenance Plan
Exhibit FF Preliminary Drain Tile Assessment
Exhibit GG Preliminary Agricultural Soils Management Plan
Crossroads Solar I, LLC
Case No. 25-0142-EL-BGN
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 Ohio Administrative Code 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 the Applicant does not believe are required for OPSB to evaluate the application has been filed with the OPSB.
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: Crossroads Solar I, LLC (“Crossroads” or “Applicant”) submits this application to the Ohio Power Siting Board (“OPSB”) for a Certificate of Environmental Compatibility and Public Need (the “Certificate”) for the Crossroads Solar Grazing Center in Morrow County, Ohio (the “Project”).
The purpose of the Project is to generate clean energy for central Ohio consumers with groundmounted photovoltaic (“PV”) modules, commonly known as solar panels. It will provide “on peak” power when demand is high during mid-day and late afternoon. The Project also will help grow and support livestock agriculture in Morrow 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 southwestern Morrow County within portions of these townships: Cardington, Lincoln and Westfield.
The total area of the parcels that will host solar panels and other surface equipment is up to 559 acres (“Solar & Grazing Area”) out of an area totaling approximately 726 acres (“Project Area”). All of the above-ground components of the Project will be fenced with locked gates.
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 (less than 150 ft) 69 kV transmission line (“Gen-Tie”) to a new utility substation, adjacent to the Project Substation, to be owned and operated by American Transmission Systems, Incorporated (“ATSI.”) The utility substation will be the subject of a separate application to the OPSB. An operations and maintenance building (“O&M Building”) and/or 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 Cardington-Tangy 69 kV transmission line owned and operated by ATSI (“Transmission Line”).
The vegetated areas within all fences, except for the Project Substation, are expected to 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.
Crossroads Solar, LLC
Case No. 25-0142-EL-BGN
(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 vegetation; (3) has been disturbed annually for many years by row crop farming; and (4) can grow high-quality vegetation for 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: The Applicant is owned by Clean Planet Renewable Energy, LLC, which in turn is a joint venture partnership between Eolian, L.P. (“Eolian”) and Open Road Renewables, LLC (“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. Open Road has successfully permitted 8 solar projects in Ohio totaling 1,247 MWac: Hillcrest Solar, Willowbrook Solar, Alamo Solar, Angelina Solar, Clearview Solar, Harvey Solar, Blossom Solar, and Frasier Solar. Of those, three projects totaling 494 MWac are in operation, and 1 project (144 MWac) is under construction.
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 94 Megawattalternating current (“MW-ac”) in generating capacity. Applicant has no current plans to increase the generation capacity for the Project. 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 Mid-Atlantic region (outside Morrow County).
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, site grading, and construct access roads;
(9) seed disturbed areas for temporary stabilization;
(10) install temporary power;
(11) delineate temporary storage and construction areas;
(12) install foundations (Project Substation, O&M Building/SCADA, inverters, and pyranometers);
(13) install the Project Substation and O&M Building/SCADA;
(14) install inverters;
(15) drive piles and install racking;
(16) install solar panels;
(17) install/bury collection lines;
(18) install pyranometers;
(19) remove laydown yards and construction trailers; (20) install lighting and signage;
(21) plant permanent ground vegetation (throughout); (22) establish perimeter landscaping; and (23) 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 approximately 1 mile south of the Village of Cardington. The Solar & Grazing Area of the Project will occupy up to 559 acres out of an area totaling approximately 726 acres. (The Project Area also includes up to 11 acres of buried collection lines.) It is bisected by County Road 25 (running roughly east-to-west) and County Road 165 (running roughly north-tosouth). The topography is very level. Among the industries in the area are a motor vehicle component manufacturing plant. Among the landmarks in the area are the Transmission Line, several larger (138 kV) electric transmission lines, and electric substations. An operating railroad line traverses the western portion of the Project Area.
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.
Crossroads Solar, LLC Case No. 25-0142-EL-BGN
(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 GG), to create a baseline as part of Applicant’s program to responsibly manage agricultural soil. Limited grading (as addressed in Exhibit Q – Preliminary Grading Analysis, 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. Panel support piles are expected to be driven or rotated into the ground using pile drivers or helical pile installation equipment. Racking systems will be mounted onto the support piles and solar panels affixed to the racking systems. 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) A map of at least 1:12,000 scale of the electric power transmission line or gas pipeline routes and associated facilities such as substations, compressor stations, and other stations, showing the following proposed feature
Response: This rule is not applicable.
(ii) Reasons for the proposed layout and any unusual features.
Response: A preliminary layout of the generation facility and associated facilities is provided in Exhibit A – Preliminary Maximum Site Plan. The Preliminary Maximum Site Plan depicts single-axis tracker racking in north-to-south running rows which rotate east-to-west during the day. The Solar & Grazing Area represents the maximum area of disturbance for surface structures.
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, prior to construction.
(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 may be used for construction or operation of the Project is 23. The total area encompassed by those parcels is about
890 acres. Because 5 of these 23 parcels are easement-only parcels upon which Applicant’s rights are limited to corridors (generally 40 feet wide) in which Applicant may install buried transmission facilities, Applicant does not have rights to the entire 890 acre area described above. Applicant has lease rights to approximately 715 acres and easement rights to approximately 11 acres, for a total of approximately 726 acres (the Project Area).
(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 because final engineering for the project has not been completed. 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 Solar & Grazing Area, which is quite level, with some areas made more level with limited grading.
The Project is expected to use between 150,000 and 200,000 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 189,000 to 206,000 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 reliability).
(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).
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. As explained below, during construction and decommissioning, the Project will use a modest amount of water for dust control. During operation, the Project will use a modest amount of water for grazing livestock and may occasionally use water to clean the solar panels of dust and dirt which are not cleaned by naturally occurring precipitation in the Project Area.
Applicant believes that 1.03 million gallons (MG) is a reasonable estimate of the maximum amount of water that would be used in the relatively rare instance in which cleaning of the entire Project would be performed. It was calculated based on a literature review indicating a maximum value of 5 gallons/MWh of water used for solar facilities across the U.S. See U.S. Dept. of Energy “Sunshot Vision Study” (2012), p. 166. Based on the highest estimate of the MWh/yr for the Project (206,000), an assumed 5 gallons per MWh results in a total of approximately 1.03 MG. Any such cleaning water would be trucked to the Project or acquired from a nearby source, including possibly from one or more of the property owners participating in the Project. Cleaning may never be needed given the amount of natural precipitation in the area. Any cleaning water used would not need to be treated and would not be discharged to any receiving streams.
Estimated water volumes to be used for the sheep grazing operation are provided on pp. 10-11 of Exhibit C – Preliminary Grazing Plan. Such water may be drawn from existing or new on-site wells, or may be transported from outside the Project Area.
(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 Solar & Grazing 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 (less than 1 acre) 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 D –
Preliminary 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 10 to 15 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 approximately 12 feet during normal operations.
(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 storage facilities for fuel, waste and hazardous chemicals. The O&M Building may include storage of certain tools and equipment used for maintenance of the solar facility, and the Project may also include storage of supplies 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
Crossroads Solar, LLC Case No. 25-0142-EL-BGN
(d) Water supply, effluent, and sewage lines.
Response: The Project will not include any sewage lines or generate any effluent. As discussed above, the Project is expected to use a modest amount of water for dust control and grazing livestock and may occasionally use water to clean the solar panels. The O&M Building may have water service and a septic field.
(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. The buried portions of these lines are expected to be installed via trenching. 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 hydraulic directional drilling (“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.
The Gen-tie will deliver high-voltage (69 kV) AC from the Project Substation to the adjacent, 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 69 kV using a main power transformer. Several components will be of varying heights typical of similar electric substations throughout Ohio, but the maximum height is expected to be the lightning mast, which may be up to 80 feet high. Most of the components are expected to be gray, off-white, or “metallic” color and generally have smooth surfaces.
A new utility substation, adjacent to the Project Substation, will supply power to the Transmission Line. The utility substation will be owned and operated by ATSI and will be the subject of a separate application to the OPSB.
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.
Solar, LLC Case No. 25-0142-EL-BGN
Response: The Project is expected to include up to 7 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 access to inverters, as well as provide general ingress and egress within the fences and access for emergency vehicles. Access roads, constructed of gravel or crushed rock, 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). In some locations, laydown yards are depicted in locations expected to host solar panels. If such laydown areas are included in the final design of the Project, the solar panels would be installed during the later stages of construction after such laydown areas are no longer in use.
(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 with wooden posts. 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 at the Project Substation and may be located at gates and inverters. All lighting will be downward facing and operate only when in use.
An O&M Building for use by technicians and other operations personnel is expected to be located near the Project Substation as shown on the Preliminary Maximum Site Plan (Exhibit A). The SCADA system is anticipated to be located inside the O&M Building, and will perform certain operations functions as well.
(k) Other pertinent installations.
Response: The Project will include sheep pasture for the vast majority of the ground within the Solar & Grazing Area. Within this fenced area, most of the land surface will not be occupied by any aboveground 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 with robust, non-invasive vegetation that will be maintained over the life of the Project. Applicant’s preliminary plans for ground vegetation within the Solar & Grazing Area are provided in the Vegetation Management Plan (Exhibit D).
LLC
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 of the Vegetation Management Plan (Exhibit D). Applicant’s preliminary plans for sheep grazing are provided in the Preliminary Grazing Plan (Exhibit C).
(C) For a proposed electric power transmission line or gas pipeline provide a statement explaining the need for the proposed facility and describe why the proposed facility was selected to meet the projected need and how the facility complies with division (A)(6) of section 4906.10 of the Revised Code.
Response: This rule is not applicable as the Facility will not include any electric transmission lines or gas pipelines that constitute major utility facilities.
(D) For a proposed electric power transmission line, provide information in support of the basis of need.
Response: This rule is not applicable as the Facility will not include any electric transmission lines that constitute major utility facilities.
(E) For a proposed gas pipeline project, provide one copy in electronic format of the relevant base case system data on a portable solid-state drive and a brief statement of how the proposed facility fit into regional expansion plans and the applicant's most recent long-term gas forecast report.
Response: This rule is not applicable as the Facility will not include any gas pipelines that constitute major utility facilities.
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 land within several miles on each side of the portion of the Transmission Line that lies north of County Road 21 and within several miles of the Cardington Substation on Township Road 151. This area was selected because Applicant’s preliminary studies indicated that delivering power to the Transmission Line (or to the Cardington Substation) would be cost-effective, the area is close to the Columbus Metropolitan Area (which consumes 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 PJM’s wholesale electricity market.
(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 3 – 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 based on 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 and available 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, and incorporated such input into Project siting. 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 and the Cardington Substation as promising points 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.
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Both locations met the first siting criteria (level, clear, and dry land), but the area along the Transmission Line was preferable to the area around the Cardington Substation based on the second criteria (proximity to other suitable parcels). Applicant received positive interest from landowners in this area and thus focused its development efforts on the area along the Transmission Line. Subsequently, Applicant considered areas within the study area further south and west of the Project Area. In evaluating the fourth criteria (community acceptance/input), Applicant obtained feedback that the northwestern portion of the study area was preferable, which resulted in the selection of the Project Area.
(5) The applicant shall provide a description of all public involvement that was undertaken in the site/route selection process, including 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 conducted significant outreach to landowners adjacent to and near the Project Area to brief them on the Project and to obtain their feedback. This outreach included providing maps that incorporated Applicant’s proposed minimum setbacks and perimeter landscaping. The map used for this outreach is the “Before Community Input (Jan 2025)” map included in Appendix C of Exhibit G). In advance of the PIM, Applicant had numerous individual meetings and calls with potential future neighbors to the Project, and other members of the public, to provide more information about the Project and to receive feedback about the Project’s proposed design. Between the first and second PIMs, Applicant also hosted a serious of meetings with geographically grouped Project neighbors. Applicant also met regularly with local public officials, including County commissioners and staff, and attended regular meetings of Westfield, Lincoln, and Cardington Townships to discuss the Project. As a result of the outreach conducted, Applicant obtained valuable input, particularly regarding surface equipment locations, setbacks, and perimeter landscaping. A comparison of the preliminary layout before and after community input is included in Appendix C of Exhibit G.
(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 4 – 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 described above:
(1) relatively level, cleared, and usually dry;
(2) close to other parcels that would be part of the Project;
(3) avoidance or minimization of impacts to sensitive features (such as streams, wetlands and larger blocks of potential wildlife habitat); and
(4) community acceptance and input
Also, the layout necessarily was significantly influenced by the decisions of individual property owners whether to participate in the Project, and if so, whether to host surface equipment (e.g. solar panels and inverters) or only underground facilities (e.g. buried transmission facilities).
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 site-specific constraints.
4906-4-05 Electric grid interconnection.
(A) NOT APPLICABLE The applicant shall provide a description of the proposed electric power transmission lines or gas pipelines, as well as switching, capacity, metering, safety, and other equipment pertinent to the operation of the proposed electric power transmission lines and gas pipelines and associated facilities, including any provisions for future expansion.
Response: This rule is not applicable as the project does not include any electric transmission lines that are major utility facilities or gas pipelines. However, as noted above, a short 69 kv gen-tie will connect the Project to a new utility substation. The utility substation will be subject of a separate application to the OPSB.
(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 ATSI. A short Gen-tie will connect the Project to a new utility substation. (The utility substation 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 September 2019 to PJM to interconnect 64 MW-ac of solar generation to the ATSI transmission system, which PJM assigned Queue No. AF1-122. Applicant later applied to PJM in December 2020, to interconnect an additional 10 MW-ac of solar generation, and in July 2021, to interconnect an additional 20 MW-ac of solar generation. PJM assigned the subsequent applications Queue Nos. AG2-057 and AH1-060, respectively. Information on each of the queue positions is available at:
https://www.pjm.com/planning/service-requests/serial-service-request-status
PJM issued the feasibility study report and the system impact study reports for AF1-122, copies of which are attached as Exhibit E – Interconnection Reports. The original system impact study report was issued in August 2020, and PJM issued a revised report in November 2022 (which reflects the results of PJM’s re-tool analysis and includes the finalized stability analysis) in November 2022. Both reports are included in Exhibit E. Applicant has submitted a motion for waiver of the rule requiring these reports for Queue Nos. AG2-057 and AH1-060 simultaneously with the application. Based on the reports issued to date and its own transmission analysis, Applicant believes that the Project can be constructed and economically operated at 94 MW-ac.
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Applicant signed the services agreement pursuant to which PJM conducted the facilities study for AF1-122, and paid the required fee, in August 2020. A copy of the receipt for the fee is included with the Interconnection Reports. PJM issued the facilities study report in January 2023, and Applicant executed an interconnection services agreement (“ISA”) with PJM and ATSI in April 2023. Note that AF1-122 is currently in “suspension” status. Applicant requested, and PJM approved, suspension of this queue position in January 2024 due to the time required to mature development of the Project and to obtain a Certificate.
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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 expects to 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 $1,042/kilowatt-AC (“kW”), inclusive of intangible costs and dependent on the models of solar panel, racking, and inverters used. These estimated costs, which are comprehensive
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and account for the components identified in (a) through (l) above, are broken out by industrystandard categories below.
Expense Description
Tangible Costs Modules
Balance of Plant & Civil
Substation and Gen-Tie
Interconnection Upgrades
Total Tangible Costs
Intangible Costs
Legal & Development Costs
Financing & Transaction Fees
Other
Total Intangible Costs
Total Capital Expenses
$335
$518
$25
$91
$969
$43
$15
$15
$73
$1,042
Applicant plans to invest approximately $98 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) A comparison of the total costs (per kilowatt for generation facilities or per mile for electric power transmission lines and gas pipelines) with the applicant's similar facilities, and explain any substantial differences.
Response: Installed project costs compiled by Lazard’s Levelized Cost of Energy Analysis – Version 18.0 indicate that the capital costs of the Project are slightly lower than recent industry trends (Lazard, 2025). Lazard indicates that utility-scale solar PV facilities have a capital cost between
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$1,150 and $1,600/kW. The costs of other solar generation projects under development by the Applicant have similar estimated capital costs averaging $979/kW. Variability in capital costs across the projects are due to a variety of factors including project scale, topography and other site-specific characteristics, and proximity to equipment suppliers. Additional information is provided in Exhibit F – Socioeconomic Report.
(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.
(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 94 MW-ac are expected to be approximately $940,000, 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 $376,000 – $430,000/year, balance of plant is expected to cost about $35,000 – $55,000/year, site maintenance is expected to cost about $357,000 –$392,000/year, and unplanned maintenance reserves are expected to cost about $53,000 –$63,000/year.
(2) A comparison of the total operation and maintenance cost (per kilowatt for generation facilities or per mile for electric power transmission lines and gas pipelines) with applicant’s similar facilities and explain any substantial differences.
Response: O&M expenses are significant components of the overall cost of solar projects and can vary widely among facilities. As with capital costs, annual O&M expenses vary across geographies
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and by project scale. Key activities include monitoring and supervision, grid regulation, corrective maintenance, preventative maintenance, and site maintenance.
The annual O&M costs for the Project are estimated to be approximately $10/kW in the first year of operations and increase at a rate of approximately 2% per annum throughout the life of the Project. These estimated costs exclude property taxes, land rent payments, and other ongoing expenses not directly related to the operation of the Project. The National Renewable Energy Laboratory (NREL) 2024 Annual Technology Baseline (ATB) estimates annual O&M costs for utility-scale solar PV projects that will be constructed in 2027 to range from $19 to $20/kW-year (NREL 2024). Because the NREL figures are inclusive of land rent payments and property taxes, they are generally consistent with estimated O&M expenses for the Project. The Project’s estimated O&M costs are similar to costs expected at other facilities under development by the Partners in the mid-Atlantic region of $10-13/kW.
(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 $174/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 $13.8 million and direct annual labor income during operation is estimated to be $230,000. These and related estimates are provided in Table 7 and discussed in Section 5 of the Socioeconomic Report (Exhibit F).
(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 182 jobs and direct annual operation employment is estimated to be 2.8 jobs for the solar operations, plus another 2.5 jobs for the sheep grazing operation. Applicant expects that a significant number of the construction jobs will be filled by Ohioans. These and related estimates are provided in Table 7 and discussed in Section 5 (Sec. 5.4 regarding sheep grazing jobs) of the Economic Report (Exhibit F). Applicant expects that most of the solar operation jobs will be filled by Ohioans. Based on its initial discussions with a number of local
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Case No. 25-0142-EL-BGN
livestock producers at the PIMs, Applicant expects that most or all of the sheep grazing jobs will be filled by Morrow County residents.
(3) An estimate of the increase in county, township, and municipal tax revenue accruing from the facility.
Response: The Project will generate substantial new revenue for local taxing jurisdictions, either through payment of property taxes assessed on Project property (real and tangible personal) or through the Qualified Energy Property Tax Exemption (PILOT) program. The total increase in local government revenue is estimated to be approximately either $247,000 annually (property taxes) or $806,000 annually (PILOT) during the operation of the Project. The breakdown of this revenue by taxing entity is detailed in Section 6.2 of the Socioeconomic 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 approximately $5.4 million, and operation of the Project is estimated to contribute approximately $0.1 million annually, to commercial and industrial activities in the local Central Ohio region. Applicant estimates that the Project may displace approximately 4 current agricultural jobs in the Project Area, but the Project is expected to require approximately 8.5 jobs for operation and maintenance of the facility (6 for operation and maintenance of the solar facility and approximately 2.5 for sheep grazing and other vegetation maintenance). Thus, Applicant estimates that the number of solar and agricultural jobs created by the Project will exceed the number of agricultural jobs displaced by the Project. A discussion of these subjects and related estimates are provided in Sections 3.2, 4.1, 5.0, and 5.4 of the Socioeconomic Report (Exhibit F).
(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 July 2024 Applicant mailed letters to and called many property owners in an area of several miles surrounding the Transmission Line and the Cardington Substation in Morrow County. After a demonstration of sufficient interest from landowners near the Project Area and confirmation that the Project could economically supply power to the electric grid, Applicant briefed local officials about the Project.
LLC
In January 2025, Applicant 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 community engagement program 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 Cardington in January 2025. Applicant’s outreach efforts also included an invitation for certain potential future neighbors of the Project to participate in a “residential good neighbor program” under which Applicant makes commitments regarding certain aspects of the Project’s design relevant to neighbors and offers financial compensation in recognition of the inconvenience of construction activities for Project neighbors if the Project comes to fruition. As of August 29, 2025, 23 neighbors have chosen to participate in the program, which is nearly half of the neighbors eligible to participate in the program. More details on this outreach can be found in 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 described 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. The Applicant will also send a similar notice at least seven days prior to the start of facility operations.
During operations, Applicant will post its contact information at or near the entrance to each solar field and the Project Substation. Applicant also will post contact information for the public to be able 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.
(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. Construction of the Project is not anticipated to significantly impact public roads. 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 3.3 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 3.2 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. However, Applicant does not anticipate 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 estimate of the full cost of decommissioning, including the disposal of all components and
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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; and (4) 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 (without taking into account salvage value of any components), 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 – Preliminary 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 4906-4-09 of the Administrative Code.
(6) A list of counties, townships, villages, and cities within the project area.
Response: The Project Area is located in southern Morrow County and includes portions of Cardington, Lincoln and Westfield Townships.
(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 5 – Public Officials List.
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(8) For an electric generation facility that applies for a certificate after the effective date of the adoption of this chapter, the following requirements apply.
(a) The applicant shall file a copy of the final complaint resolution plan on the public docket.
Response: Applicant has prepared a preliminary Complaint Resolution Plan (Exhibit H). The plan will be updated prior to construction and filed on the case docket.
(b) At least seven days prior to the start of construction and at least seven days prior to the start of facility operations, the applicant shall notify via mail affected property owners and residents, including those individuals who were provided notice of the public informational meeting, residences located within one mile of the project area, parties to this case, county commissioners, township trustees, emergency responders, airports, schools, and libraries, as well as anyone who has requested updates regarding the project. These notices shall provide information about the project, including contact information and a copy of the complaint resolution plan.
Response: At least seven days prior to the start of construction, and at least seven days prior to the start of facility operations, Applicant will notify affected property owners and residents via mail and other parties/entities identified in this rule. These notices will provide information about the Project, contact information for the Project representative, and a copy of the final complaint resolution plan.
(c) The start of construction notice shall include written confirmation that the applicant has complied with all preconstruction-related conditions of the certificate, as well as a timeline for construction and restoration activities.
Response: The construction notice described above will include written confirmation that Applicant has complied with all preconstruction-related conditions of the certificate and include an anticipated timeline for construction and restoration activities.
(d) The start of facility operations notice shall include written confirmation that the applicant has complied with all construction-related conditions of the certificate, as well as a timeline for the start of operations.
Response: The start of facility operations notice described in subpart (b) above will include written confirmation that Applicant has complied with all construction-related conditions of the certificate and include an anticipated timeline for start of operations.
(e) During the construction and operation of the facility, the applicant shall submit to staff a complaint summary report by the fifteenth day of January and July of each year through the first five years of operation. The report shall include a list of all complaints received through the applicant’s complaint resolution process, a description of the actions taken toward the resolution of each complaint, and a status update if the complaint has yet to be resolved.
Response: Applicant will submit a semiannual complaint summary report by January 15 and July 15 of each year of construction and operation of the Project through the first five years of operation to staff. The report will include all complaints received, actions towards resolution, and the status of unresolved complaints.
(f) The applicant shall file a copy of all preconstruction notices and complaint summaries on the public docket.
Response: Applicant will file copies of all the required notices and complaint summaries described above on the public docket for this proceeding.
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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: Based on information contained on the Ohio Environmental Protection Agency’s website, 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] Except for wind farms and solar facilities, a map of at least 1:100,000 scale containing:
(i) The location and elevation (ground and sea level) of Ohio environmental protection agency primary and secondary air monitoring stations or mobile vans which supplied data used by the applicant in assessing air pollution potential.
(ii) The location of major present and anticipated air pollution point sources.
Response: This rule does not apply to solar projects.
(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 principal source of 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. Standard construction equipment generates a small amount of emissions (engine exhaust). Such emissions will be controlled by keeping the equipment in good operating condition.
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
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5. Applying water and/or common dust suppressants on unpaved roads as needed.
(3) [NOT APPLICABLE] Except for wind farms and solar facilities, information regarding air quality for the operation of the proposed facility,
Response: This rule does not apply to solar projects.
(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 ]is not relevant to and 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.
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 is not relevant to and 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 is not relevant to and 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
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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 is not relevant to and 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 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 is not relevant to and 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
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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.”
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 Appendix A of 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 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, likely no more than 5-10% 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. See Preliminary Grading Analysis (Exhibit Q). 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 any discharges for which monitoring is required by water quality regulations. Accordingly, the information listed in this section is not relevant to or 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 listed in this section is not relevant to or applicable to the Project. Although 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.
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(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 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 Assessment. The Stormwater Assessment (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.
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Although Applicant has provided a description of run-off from soil and other surfaces and a preliminary stormwater assessment (Exhibit L to the Application), whether and what structural postconstruction 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 relevant to or 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 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, for grazing livestock during operation, and for dust control (during construction and decommissioning only).
(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.
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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. Construction of the Project is expected to generate only limited amounts of solid waste in any one area. Solid waste during construction will consist primarily of cardboard, wood pallets, foam packaging, spools, paper, and plastics (largely shrink wrap and banding) that are associated with the packaging and shipping of the solar panels, electrical equipment, and metal components. Applicant estimates construction will generate around 10,480 cubic yards of waste. Operation of the Project is expected to generate a minimal amount of solid waste. During operation, Applicant estimates solid waste to primarily consist of the similar types of waste generated during construction but in much smaller quantities (approximately 14 cubic yards annually). All solid waste will be either recycled or disposed of in accordance with applicable federal and state regulations. Additional information is 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 up to 15 feet (meteorological stations) within the fenced solar fields and up to 80 feet (lightning mast) within the Project Substation, including the Gen-tie.
(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 public airport, the Morrow County Airport (4I9), and one privately owned, private-use strip, My Place Airport (3OH7). The
Morrow County Airport is approximately 3 miles northeast of the Project Area, and the private airport is approximately 1.4 miles west of the Project Area. The required map is provided in Figure 6 – Aviation Map. The maximum possible height of construction equipment are the following: (1) solar fields – 15 feet; and (2) Project Substation – 80 feet. The Project does not include any air transportation facilities. As explained in Exhibit N – Aviation Analysis, based on the Project’s proposed structure heights and locations and the locations of the My Place Airport and the Morrow County Airport, using the Federal Aviation Administration’s (FAA) notice criteria tool, notification to the FAA for aeronautical studies is not required. Therefore, Applicant has not sent any correspondence to the FAA or the Ohio Office of Aviation about the Project. The owners of the Morrow County Airport and My Place Airport 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 the Aviation Analysis (Exhibit N). 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), points were selected around the Project Area to model the proposed facility. These points were assessed at 20 feet for solar panels and 80 feet for the substation area using the FAA’s notice criteria tool described above. The results indicate that 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.
(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 Preliminary Vegetation Management Plan (Exhibit D, discussed below in this application). Needed restoration of wetlands and streams disturbed during construction is expected to be minimal because the Project will largely avoid these resources with minimum setbacks of 50 feet (streams) and 120 feet (wetlands) 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.
4906-4-08 Health and safety, land use and ecological information.
(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. The gas pipeline safety standards of the U.S. Department of Transportation or Chapter 4901:1-16 do not 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. Fencing around the Project Substation will be similar to fencing around most electric substations: 7 feet tall, chain-link fence with three strands of barbed wire for a total height of 8 feet. All Project fencing will comply with applicable electrical safety codes. Appropriate warning signs will be posted on fences. The general public will be prohibited from entering the Project. Gates and other key locations may 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 for the models used in the Preliminary Maximum Site Plan (Exhibit A), is found in the documentation for the Representative Component Models (Exhibit B). For the representative solar panels, please see the module product safety data sheet. For
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the representative inverters and racking systems, please see the operations and maintenance manuals. 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 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 emergency response officials with jurisdiction over different parts of the Project Area, including the Cardington Fire Department. Applicant plans to continue to work with these officials and plans to provide them with 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. Exhibit O – the Noise Impact Assessment and Exhibit DD - the Preliminary Landscape Plan use a set of sensitive receptors defined as all occupied buildings within 1 mile of 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.
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(2) [NOT APPLICABLE] Air pollution control. Except for wind farms and solar facilities, a description in conceptual terms of the probable impact to the population due to failures of air pollution control equipment.
Response: This information is not applicable to the Project.
(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:
(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: Compared to construction of other types of electric generation facilities, construction of solar facilities involves fewer activities that generate significant amounts of noise, and the activities are shorter in duration. The activities which generate the most noise during construction of a solar facility are installation of support piles, trenching, grading, and road building, but these activities are of limited duration and typically occur intermittently at any single location. The equipment used for these activities generate sound levels of 84 to 85 dBA at 50 feet away, but those levels dissipate to maximum sound levels of 46 to 52 dBA at 2,000 feet away. Additionally, Applicant will adhere to the limited construction hours specified in Rule 4906-4-09(E). Additional information is provided in Section 6.0 of the Noise Impact Assessment (Exhibit O).
(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: Operational noise levels from generation equipment expected at the nearest property boundary are provided in Plots 1 and 2 of the Noise Impact Assessment (Exhibit O). Based on the
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sound propagation modelling, the highest sound level anticipated at a nonparticipating property boundary from noise emitting equipment during operation of the Facility is expected to be approximately 50 dBA during daytime operation and insignificant (less than 20 dBA) during nighttime operation. 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 within 1 mile of the Project Area, under both day and nighttime operations, are provided in Plots 1 and 2 of the Noise Impact Assessment (Exhibit O). Noise levels during normal daytime operations are predicted to be 40 dBA or less for all non-participating residences. Because of the minimum design setback of 500 feet between Project inverters and non-participating residences, daytime operational sound levels for most of the nearest residences to the Project are expected to be in the 30s dBA, which is comparable to the existing L50 daytime background noise level (35 dBA). This means noise from the Project is likely to be inconsequential, if audible at all, for non-participating homes within 1 mile of the Project. Because solar facilities do not produce electricity at night (other than reactive power compensation), only extremely low sound levels (below 35 dBA) are expected at night. Thus, Applicant expects that the Project will be inaudible at night, even at the nearest residences. Additional information is provided in Section 5.5 (daytime and nighttime modelling results) and Plot 1 (predicted daytime sound contours) and Plot 2 (predicted nighttime sound contours) of the Noise Impact Assessment (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: As discussed in subsection (b) above, the modeling in Sections 5, 6, and 7 of the Noise Impact Assessment (Exhibit O) indicates that, under normal operating conditions, noise impacts from the Project are expected to be minimal and thus no mitigation of operational noise will be needed. As discussed above, construction noise will be mitigated by virtue of the fact that construction activities at utility-scale solar facilities are of limited duration and typically occur only intermittently at any single location. Construction noise will also be mitigated by providing notice to neighbors to generate awareness and understanding, and by adhering to the limitations on 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 Sections 2.0 and 4.0 of the Noise Impact Assessment (Exhibit O). The noise survey indicates that the average (L50) site-wide existing daytime background noise level is 35 dBA and that the average (L50) existing nighttime background noise level near the Project Substation is 30 dBA.
(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: A professional geologist retained by the Applicant conducted an extensive evaluation of the geology, hydrogeology, water resources, and mineral resources in the Project Area. As part of the evaluation, ODNR reviewed the Project and provided comments on the potential for geological and hydrological impacts. The results of the evaluation are included in Exhibit P – Geology, Hydrogeology, & Preliminary Geotechnical Report. Based on the groundwater vulnerability ratings in the Project Area, ODNR concluded that construction of the facility is not likely to pose a significant groundwater contamination risk. Based on ODNR records, the report found that there are 2 water wells in the Project Area and 73 within 1 mile of the Project Area. The report notes there will be no hazardous substances and/or petroleum introduced by the Project and that support piles will generally be isolated from drinking water zones. The report found that the Project is not likely to impact public or private water supplies and not likely to significantly impact private water well yields. Additional information is available in Sections 4.5, 4.6, and Section 8 of the Geology, Hydrogeology, & Preliminary Geotechnical Report (Exhibit P).
(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: As explained in subsection (a) above and in Sections 4.5, 4.6, and 8 of the Geology, Hydrogeology, & Preliminary Geotechnical Report (Exhibit P), Applicant expects that none of the above features will be directly affected by the Project. A map of types of these features are shown in Figure 7 – Water Resources Map as well as Figure 5 of the Geology, Hydrogeology, & Preliminary Geotechnical Report (Exhibit P).
(d) A description of how construction and operation of the facility will comply with any drinking water source protection plans near the project area.
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Response: The Project is not regulated by any drinking water source protection plans. The nearest source water protection area (“SWPA”) is 6 miles from the Project, and construction of the Project will not constitute an activity that is restricted within or in the vicinity of a surface water or ground water SWPA. This subject is addressed in Section 4.6 and Section 8 of the Geology, Hydrogeology, & Preliminary Geotechnical 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: There are no FEMA-mapped 100-year floodplains within the Project Area, and the proposed Project lies within an area designated by FEMA as an “area of minimal flood hazard.” See Section 4.4 and Section 8 of the Geology, Hydrogeology, & Preliminary Geotechnical Report (Exhibit P). Additionally, as detailed in the Stormwater Assessment (Exhibit L), due to the change in land cover from annually disturbed crops to year-round pasture for sheep, the Project is expected to reduce the amount of stormwater run-off in the area. Furthermore, Applicant will implement all required stormwater and erosion control measures in compliance with the General Construction Permit and implementation of the SWP3. For these reasons, construction of the Project should have minimal impact on the surface drainage in the Project Area, and no adverse consequences are anticipated.
(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: No underground abandoned mines or injection wells are located within the Project Area. The other above features are shown on Figure 8 – Geological Features Map as well as Figure 5 of the Geology, Hydrogeology, & Preliminary Geotechnical Report (Exhibit P). As discussed in Section 4.2 of the Geology, Hydrogeology, & Preliminary Geotechnical Report (Exhibit P), there are no verified or suspected karst formations identified within the Project Area. The suitability of the site is addressed in Sections 7.2 and 8 of the Geology, Hydrogeology, & Preliminary Geotechnical Report (Exhibit P), which concludes that site geology is suitable for a utility-scale solar project. 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, & Preliminary
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Geotechnical Report (Exhibit P). The restoration of soils following construction is addressed in Section 3.4 of the Preliminary Vegetation Management Plan (Exhibit D) and Section 4 of the Exhibit GG - Preliminary Agricultural Soils Management Plan. The Preliminary Grading Analysis (Exhibit Q), indicates that construction of the Project will require 30-35 acres of grading (as defined in the analysis), which is approximately 4% of the Project Area. This estimate is preliminary and subject to change based on final geotechnical surveys, equipment selection, and final engineering and design for the Project. Applicant believes grading is not likely to exceed 70 acres. Additional information, including assumptions for the analysis, is provided in the Preliminary Grading Analysis (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, & Preliminary Geotechnical Report (Exhibit P). The portions of the Project Area that may be used for surface structures (that is, the Solar & Grazing Area) are generally level and do not include slopes over twelve per cent or highly erodible soils. Bedrock is not expected to be encountered at typical panel foundation depths. The shallow soils are suitable for grading and compaction. The site soils are suitable to support typical temporary construction road along with permanent primary aggregate roads or secondary grass access roads; A map of soils from the Natural Resources Conservation Service is included in Figure 5 of the Preliminary Agricultural Soils Management Plan (Exhibit GG).
(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.
(v) Depth and description of bedrock contact.
Response: Analysis of the preliminary test borings indicates that subsurface conditions in the Project Area are generally suitable for development of a solar project. The subsurface conditions observed in the borings were generally consistent with the regional geology and hydrogeology mapping and resources reviewed as part of the desktop study. Karst geology or topography was not identified. 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,
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Hydrogeology, & Preliminary Geotechnical Report (Exhibit P). Applicant plans to take additional borings to provide a more comprehensive profile of subsurface conditions and to optimize module and substation foundation design prior to 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 coordinated with ODNR about the Project, and a response letter from ODNR is appended as Appendix B to the Geology, Hydrogeology, & Preliminary Geotechnical Report (Exhibit P). ODNR’s Division of Geological Survey provided data on a variety of subsurface aspects of the Project Area related to the geologic suitability of the site for the Project including, groundwater, oil and gas mining, geohazards, karst, drift thickness and bedrock geology, and soils. Based on the Preliminary Geotechnical Investigation, ODNR’s review, and the Applicant’s consulting geologist’s report, there are no concerns about the geologic suitability of the area for constructing the Project. The Project Area is geologically suitable for the Project.
(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 Velocities Analysis. Generally, the Project’s components are not susceptible to damage from high winds. The piles for the racking are expected to be made of galvanized steel and to be installed, based on the sitespecific soil conditions, at sufficient depths to prevent the movement of the associated equipment from wind. The racking and solar panels selected during final engineering and design of the Project are expected to be accompanied by wind ratings from the manufacturers. Based on these design features, Applicant believes it is not necessary to mitigate any adverse consequences.
(7) Blade shear. For a wind farm, an evaluation and description of the potential impact from blade shear at the nearest property boundary and public road.
Response: This rule is not applicable.
(8) Ice throw. For a wind farm, an evaluation and description of a site-specific ice throw risk analysis and assessment study, the potential impact from ice throw at the nearest property boundary and public road.
Response: This rule is not applicable.
(9) Shadow flicker, For a wind farm, an evaluation and description of the potential cumulative impact from shadow flicker at the property boundary and sensitive receptors within a
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distance of ten rotor diameters or at least one-half mile, whichever is greater, of a turbine, including its plans to minimize potential impacts.
Response: This rule is not applicable.
(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: Applicant conducted a communications systems interference analysis for the Project. The analysis and results are available in Exhibit S – Radio and TV Analysis. There are no AM or FM radio transmission facilities in proximity to the study area that would be affected by the Project, and based on the expected distances between Project components and nearby homes, businesses, and roads, the Project is not expected to affect AM or FM reception. Similarly, there are no TV transmission facilities in proximity to the study area that would be affected by the Project, and based on the expected distances between Project components and nearby homes, businesses, and roads , the Project is not expected to impact TV reception. The analysis found that Project is not expected to interfere with radio and TV reception, and therefore Applicant believes no mitigation measures are needed.
(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: Applicant conducted a radar and navigational aid screening study for the Project. The analysis and results are available in Exhibit T – Radar Analysis. The study involved line-of-sight analyses to evaluate the potential for the Project to interfere with military and civilian radar systems near the Project. The analysis found that Project is not expected to interfere with such radar systems, and therefore Applicant believes no mitigation measures are needed.
(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: Applicant conducted an analysis to determine the potential for the Project to interfere with navigable airspace. The analysis and results are available in the Aviation Analysis (Exhibit N). 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. Based on the Project’s proposed structure heights and locations using the FAA’s notice criteria tool, notification to the FAA for aeronautical studies is not required and Applicant has no plans to coordinate with the FAA or the Ohio office of aviation about the Project.
(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
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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: Applicant conducted a microwave path analysis for the Project. The analysis and results are available in Exhibit U – Microwave Path Analysis. The study assessed the potential for Project infrastructure to interfere with microwave signal transmissions in the vicinity of the Project. Due to the height of the microwave paths relative to proposed Project infrastructure, the Project is not expected to interfere with the microwave paths. Therefore, Applicant believes no mitigation measures are needed.
(14) Electric and magnetic fields. For electric power transmission facilities where the centerline of the facility is within one hundred feet of an occupied residence or institution, and for electric substations where the boundary of the footprint is within one hundred feet of an occupied residence or institution, a description of the production of electric and magnetic fields during operation of the preferred and alternate site/route.
Response: This rule is not applicable.
(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.
Response: This map is provided in Figure 9 – Ecological Features Map. There are no highly-erodible soils or slopes of 12% or greater within the Project Area.
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(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: Eight wetlands totaling 6.46 acres and 2 streams totaling 2,827 linear feet were delineated within the study area. The results of the field survey and delineations of wetlands and streams are provided in Section 4, and the associated figures and tables referenced therein, in Exhibit V – Surface Water Delineation Report. The required map showing all delineated resources is in Figure 9 of the Surface Water Delineation Report (Exhibit V). The results of the field survey of vegetation are provided in Section 4.1 in Exhibit W – Wildlife and Habitat Assessment Report. 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 the Wildlife and Habitat Assessment Report (Exhibit W). 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 and Habitat Assessment Report (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 and Habitat Assessment Report (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.
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 and Habitat Assessment Report (Exhibit W). The methodology for the field surveys is described in Section 2.2 of the Wildlife and Habitat Assessment Report (Exhibit W). Surveys were conducted on April 19, 2024, and November 18, 2024, and representative photographs from the surveys are provided in Appendix E of the Wildlife and Habitat Assessment Report (Exhibit W). A full list of wildlife encountered during the surveys is provided in Table 5 (Section 4.2) of the Wildlife and Habitat Assessment Report (Exhibit W). A list of protected species identified in the literature survey as potentially occurring in the Project Area, including whether potential habitat was observed during the field surveys, is provided in Table 6 (Section 5) of the Wildlife and Habitat Assessment Report (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: Applicant has conducted a number of studies addressing the ecological impact of the Project, including the Surface Water Delineation Report (Exhibit V), the Wildlife and Habitat Assessment Report (Exhibit W), the Geology, Hydrogeology, & Preliminary Geotechnical Report (Exhibit P), the Preliminary Vegetation Management Plan (Exhibit D), the Preliminary Agricultural Soils Management Plan (Exhibit GG), and the Ecological Impact Assessment (Exhibit X). No additional studies have been made.
(2) Ecological impacts. Information regarding potential impacts to ecological resources during construction.
(a) An evaluation of the impact of construction on the resources surveyed in response to paragraph (B)(1) of this rule, including the following:
(i) A table displaying the report name, linear feet and acreage impacted, quality, flow regime, and the proposed crossing methodology of each stream that would be crossed by or within the footprint of any part of the facility or construction equipment.
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Response: This information is provided in Table 1 of the Ecological Impact Assessment (Exhibit X). Minimal stream impacts are expected from construction. Less than 0.01 acres of streams would be impacted by one access road crossing, and no acreage of the streams are expected to be impacted by the installation of collection lines because HDD is planned to be used to cross the streams by boring under them. The boreholes themselves will be outside the streams. Trenching within streams is not anticipated and 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.
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 within wetlands is not anticipated and 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 and mixed forest. The assessment indicates that the maximum estimated acreage of tree clearing, primarily fence rows, is less than 5 acres.
(iv) A description of how such clearing work will be done so as to minimize removal of woody vegetation and minimize forest fragmentation.
Response: As noted above, less than 5 acres of trees and bushes are anticipated to be removed to construct the Project. The final design for the Project will provide for the avoidance of forest stands, buffers from adjacent properties, and other sensitive resources. 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 Sections 4.1 and 5 of the Wildlife and Habitat Assessment (Exhibit W). Applicant has coordinated with ODNR and the U.S. Fish and Wildlife Service (“USFWS”) about the potential impacts of the
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Project on wildlife, including listed species. Copies of correspondence from these agencies are appended at Appendices C and D to the Wildlife and Habitat Assessment (Exhibit W).
For several reasons, the construction and operation of the Project will have minimal impact on wildlife. First, the vast majority of the Project Area 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 (if any) 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 and 50-foot setbacks between solar panels and wetlands and streams, respectively, providing substantial buffers 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 Sections 4.2 and 4.4 of the Preliminary Agricultural Soils Management Plan (Exhibit GG). Note that Applicant will not install Project fences or generation equipment within 50 feet of streams or within 120 feet of wetlands, and the setback areas will be physically marked in the field. 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).
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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: A buffer from streams and wetlands sufficient to implement the respective 50-foot and 120-foot setbacks will be clearly marked in the field with construction fencing, or similar method, prior to construction. More detailed information is provided in Section 3.2.3 of the Ecological Impact Assessment (Exhibit X).
(iv) Procedures for inspection and repair of erosion control measures, especially after rainfall events.
Response: During construction, trained inspectors will monitor proper installation and effectiveness of erosion control measures. Additional 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: Applicant anticipates that Vegetation Protection Areas will be identified and marked with construction fencing prior to construction. Additional information is provided in Section 3.2.5 of the Ecological Impact Assessment (Exhibit X) and Section 3.1 of the Preliminary Vegetation Management Plan (Exhibit D).
(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 (less than approximately 5 acre) of trees and bushes that may be removed from the Project Area, Applicant may either chip the material for use on site, offer it to the landowner, or remove it from the Project Area for disposal 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.
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Response: This information is provided in Section 3.2.7 of the Ecological Impact Assessment (Exhibit X) and Sections 3.4.4, 3.4.5, and 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) and Section 3.4 of the Preliminary Vegetation Management Plan (Exhibit D). As described in Section 3.4 of the Preliminary Vegetation Management Plan (Exhibit D), herbicides may be necessary to clear invasive species and establish the pasture for the Project. The amount of herbicides applied will likely be significantly less than that used for the current row crop operations.
(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: Applicant estimates that 0.01 acres of undeveloped areas will be impacted by operation and maintenance of the Project. These impacts are in addition to (i.e. separate from) the estimated impacts during construction and are discussed further 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
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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 Preliminary Vegetation Management Plan (Exhibit D), 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. As noted in Section 4.2.3 of the Ecological Impact Assessment (Exhibit X), as Project design progresses, Crossroads is expected to continue to coordinate with the USFWS to determine if a habitat assessment or other avoidance measures, such as postconstruction monitoring, are necessary.
(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: Mitigation of impacts during construction are discussed in Section 3.2 of the Ecological Impact Assessment (Exhibit X) and Sections 3 and 4 of the Preliminary Vegetation Management Plan (Exhibit D). Mitigation of impacts during operation and maintenance is discussed in Section 4.2 of the Ecological Impact Assessment (Exhibit X) and Sections 3 and 4 of the Preliminary Vegetation Management Plan (Exhibit D).
(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 is expected to 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. This is further discussed in Sections 4.1.2 and 4.2.2.3 of the Preliminary Vegetation Management Plan (Exhibit D), regarding the Solar & Grazing Area, and in Sections 3.3 and 4.1 of the Landscape Maintenance Plan (Exhibit EE), regarding perimeter landscaping vegetation, which is planned to include pollinator-friendly plantings.
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(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 10 – 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 applicable to the Project. For subsection (a)(iii), the map shows land use as classified by Morrow 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 11 – Table of Structures within 1,500 Feet of Generation Equipment. A table with the above information for property lines is provided in Figure 12 – 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 13 – Table of Structures within 250 Feet of Associated Facilities. A table with the above information for property lines is provided in Figure 14 – 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.
Response: Information regarding property status (participating or non-participating) is included in the tables in Figures 11, 12, 13, and 14.
(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.
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 15 – 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) Wind farm maps.
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Response: This rule is not applicable.
(3) Setback waivers.
Response: This rule is not applicable.
(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: This subject is addressed in Section 3.3 of the Socioeconomic Report (Exhibit F) and in subsection (d) below. Through Applicant’s proposed sheep grazing operation, the Project will continue traditional agricultural uses for the Project Area, and the Project Area can return to solely traditional agricultural uses following decommissioning,
(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: Applicant does not expect that the Project will have significant impacts on regional development. As described in the Socioeconomic Report (Exhibit F), the Project will generate substantial economic benefits for local taxing entities without burdening those entities with the costs of providing services associated with other types of development. Thus, the Project is not expected to affect regional development with respect to housing, industrial development, transportation system development, or other public services and facilities. Applicant expects that the economic benefits of the Project will be particularly positive for the Cardington-Lincoln Local School District, because tax revenue from the Project will significantly exceed revenue the District would receive under the current land use (row crop farming). These topics are discussed in more detail in the Socioeconomic Report (Exhibit F).
(d) Assess the compatibility of the proposed facility and the anticipated resultant regional development with current regional plans.
Response: As discussed in Section 3.3 of the Socioeconomic Report (Exhibit F, the Project’s positive economic impacts are compatible with regional plans, including the Morrow County Comprehensive Plan 2012, that seek economic growth and the continuation of agricultural uses. Because residential development will be precluded within the fences of the Project for the life of the Project and because the Solar and Grazing Area will continue to be used for agricultural purposes (livestock
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production), the Project will help protect farmland from permanent loss to real estate development, thus preserving the rural character of area. In addition, the Project supports regional plans because it will preclude urban/suburban sprawl, a priority of the Oxford Township Comprehensive Plan, and high-density residential development south of Cardington Village.
(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 Table 1 of the Socioeconomic 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 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 16 – 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: Applicant conducted surveys to evaluate the Project’s potential impacts to historic (architectural) and archeological resources within the Study Area. The studies are described in Exhibit Y – Cultural Resources Survey Methodology, which the state historic preservation office (“SHPO”) approved in letters dated May 3, 2023, and June 5, 2023. The letters are provided in Exhibit BB – SHPO Concurrence with Cultural Resources Surveys. The studies investigated historic and archeological resources in the vicinity of the Project Area and are described below.
(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.
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Response: A description of the impacts to historic (architectural) resources is provided in Exhibit Z –Historic Resources Survey Report. The Historic Resources Survey Report (Exhibit Z) concluded that the Study Area includes no resources that are eligible for listing on the National Register of Historic Places (“NRHP”) and that the Project will result in no effects to historic properties within the Study Area. That report notes that the proposed perimeter landscaping will effectively integrate Project infrastructure into the existing landscape and thus minimize impacts to resources identified in the survey. Applicant submitted the Historic Resources Survey Report (Exhibit Z) to SHPO, which concurred with the report’s findings in a letter dated June 2, 2025. The letter is provided in Exhibit BB – SHPO Concurrence with Cultural Resources Surveys.
A description of the impacts to archaeological resources is provided in Exhibit AA – Phase I Archaeological Survey. (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 Phase I Archeological Survey (Exhibit AA) identified two (2) resources in the Project Area that may contain important historical information and may be eligible for listing on the NRHP. Additional work would be needed to determine whether they are, in fact, eligible for listing. Applicant plans to either avoid these areas or conduct additional work to determine their eligibility. Applicant submitted the Phase I Archeological Survey (Exhibit AA) to SHPO, which concurred with the report’s findings in a letter dated August 19, 2025. The letter is provided in Exhibit BB – SHPO Concurrence with Cultural Resources Surveys.
Additional information about Applicant’s mitigation plans are provided below in response to 4906-409(C)(5). Note that approximately 17 acres of the approximately 660 acre archeological study area have not yet been surveyed. Applicant plans to survey the remaining 17 acres later this year and will provide an updated survey report to OPSB staff. Plans for the additional field surveys, as well as any required mitigation, will be memorialized in the MOU discussed in Subsection (5) below.
(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.
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 3.2 of Exhibit CC – Visual Resource Assessment. The recreation and scenic areas are included in Table 3-6 and Figure 3-8 of the Visual Resource Assessment (Exhibit CC) under the categories of “Designated Scenic Resources and “Public Lands and Recreational Resources.” There are 10 of these areas within the study area (5 miles from the Project), none of which are in close proximity to the Project. They consist mostly of local parks and areas with fishing opportunities. The topography of these resources is generally fairly level, and the hydrology, vegetation and wildlife are expected to be typical of the wider region.
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The Project will not have a significant visual impact on these recreation and scenic areas 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. Moreover, activities at most of these recreation and scenic resources are focused inward toward the resource, not away toward the larger landscape, which includes the Project Area.
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 other taller structures in the general area, such as the existing transmission lines.
Additional information about the visibility of the Project from these recreation and scenic area is provided in Section 5.14 and Table 5-3 and Section 5.22 and Table 5-5 of the Visual Resource Assessment (Exhibit CC).
Applicant’s plans to mitigate the visual impacts of the Project on these recreation and scenic areas consists of the minimum 150-foot setback between the solar panels and public roads, siting the Project to preserve the nearly all of the trees in the Project Area, and the addition of extensive perimeter landscaping that is described in the Preliminary Landscape Plan (Exhibit DD). The combination of the low profile of the solar panels, the location of the Project relative to these resources, and these mitigation measures makes the impact of the Project on nearby recreational resources minimal.
(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, the Project does not impact historic resources and Applicant plans to mitigate any adverse impacts to the viewshed primarily through perimeter landscaping. Applicant plans to mitigate impacts to the very few archaeological resources that could be impacted by construction of the Project by either avoiding or further studying for eligibility the identified archaeological resources. Applicant is in the process of memorializing 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 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. Note that the vast majority of the structures in the Solar and Grazing Area are solar panels, which will be a maximum of 12 feet tall. Only the estimated 5 to 7 meteorological stations, which will be scattered throughout the Project Area, will be up to 15 feet tall. The taller components within the Project Substation also will not have significant impacts because they will resemble other electric substations in the area and will be located a considerable distance (approximately 1/3 mile) from roads and homes. Subject to a pending request for a waiver to reduce the study area to a radius of five (5) miles around the Project Area, a description of the visibility of the Project, including a viewshed analysis and area of visual effect, are provided in Section 3.0 and 4.0 of the Visual Resource Assessment (Exhibit CC). The viewshed analysis does not incorporate deciduous vegetation, agricultural crops, or other seasonal land cover as viewing obstacles. The Visual Resource Assessment (Exhibit CC) was prepared by a professional with experience in developing visual impact assessments.
According to the Visual Resource Assessment (Exhibit CC), the Project has been sited in an area with few existing scenic or otherwise visually sensitive resources, and the surrounding terrain limits views of the Project outside the Project Area and its immediate vicinity (within one-half mile of the Project). The assessment finds that the vast majority of the study area will not have visibility of the Project and therefore would not experience any visual impacts.
(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: While there are residences located within the near foreground distance zone of the Project, there are no visually sensitive resources within this zone and thus none of these resources are expected to experience major visual impacts as a result of the Project. 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 17) in compliance with Section (D)(1) is provided in Section 5.0, including Table 5-5, of the Visual Resource Assessment (Exhibit CC).
(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: Land cover in the area that includes the Project consists primarily of agricultural land including cultivated row crops and pastureland. Forested land occurs in small, discrete woodlots dispersed between agricultural land. Larger contiguous areas of forest are more abundant in the area surrounding Alum Creek. Development mostly occurs as widely scattered rural homes and farm complexes, with more concentrated populations within the villages of Cardington, Mount Gilead, and Ashley. A more comprehensive description, including a review of existing plans of the area communities related to visual preferences, is provided in Section 3.0 of the Visual Resource Assessment (Exhibit CC).
(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 solar panels will be less than approximately 12 feet high, and 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 located in a relatively small area that is far from roads and homes. Illustrations of the scale, form, and materials of all facility structures are provided in the photographic simulations presented in Attachment C of the Visual Resource Assessment (Exhibit CC).
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 DD).
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 affects the immediate view in the area, as well as a larger transmission line running through the area. The Project Substation also merely adds to the existing electric substations in the general area, which are familiar features on the landscape.
(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 17) 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 a few local parks and the Delaware-
Whetstone Wildlife Area. 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), the Project will not have significant visual impacts on these resources.
(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, which includes Project visibility, viewing distance, visual exposure, and other factors, are provided in Section 4.2.1 and Attachment C of the Visual Resource Assessment (Exhibit CC). Applicant did not 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 a variety of locations around the Project Area.
(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 17 – 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 Solar and Grazing Area, which is up to 559 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 15).
Approximately 80 acres of the Project Area are within agricultural districts. Most of this area (75.54 acres) is expected to be temporarily impacted during construction when it will be converted to fenced pasture that also hosts the solar components. Applicant estimates permanent impacts to land within agricultural districts to be less than 3 acres. The maximum acreage of surface impacts from the solar and related components within agricultural districts are provided in Figure 18 –Agricultural Districts Impacts Table.
(b) An evaluation of the impact of the construction, operation, and maintenance of the proposed facility on the land and the following agricultural facilities and practices within the project area:
(i) Field operations such as plowing, planting, cultivating, spraying, aerial applications, and harvesting.
Response: Current row crop use and all associated field operations, such as plowing, planting, cultivating, spraying, aerial applications and harvesting in the Project Area will cease during construction and decommissioning of the Project. These activities and uses may continue outside the fences during operation 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.
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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 FF – Preliminary 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, based on the final engineering design, the Applicant plans 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 GPSlocated), 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.
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 Management Plan (Exhibit GG).
(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 or repurpose any agricultural structures (i.e. buildings) 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: Of the 18 parcels which may be used for the Solar and Grazing Area, 1 parcel totaling 80 acres (Parcel No. R42-001-00-148-00) is in an agricultural district. All 18 parcels are enrolled in the CAUV program. Applicant understands that, notwithstanding the sheep grazing operation, the land within the Solar and Grazing Area that is part of an agricultural district and/or enrolled in the CAUV program will exit those programs for the duration of the construction, operation, and
Crossroads Solar, LLC Case No. 25-0142-EL-BGN
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. Because they will only host buried facilities that are not expected to affect agricultural use of the land, Applicant expects that CAUV enrollment will not be impacted for the 5 easement-only parcels, which are outside the Solar and Grazing Area. Once the Project is decommissioned, these parcels can continue in row crop cultivation.
(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 Management Plan (Exhibit GG). Responsive information about mitigation with respect to drain tile, is addressed in detail below. No impacts to agricultural structures (i.e. buildings) are expected from construction, operation, or maintenance of the Project. The agricultural practice of row-crop farming will be impacted in that, within the Solar and Grazing Area, crop cultivation will be replaced by sheep grazing. No mitigation is needed or anticipated.
(3) Drain tile considerations. Examples of relevant information include:
(a) Benchmark conditions of the project drain tile system by locating all mains and laterals and consult with owners of all parcels adjacent to the property, the county soil and water conservation district, and appropriate county representatives to request drainage system information over those parcels.
Response: Preliminary information showing benchmark conditions of existing drain tile systems in the Project Area are provided in the Preliminary Drain Tile Assessment (Exhibit FF), which included contacting the county soil and water conservation district and other county representatives. Applicant has contacted 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 Preliminary Drain Tile Assessment (Exhibit FF), 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 new 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.
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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 (through GPS coordinates, visual indicators, or physical exploration) and accounted for in the final engineering and design of the Project. These would be avoided in the final design of the Project and protected and maintained during construction, unless the design called for relocation or replacement. Many of the main tile systems have already been identified in Figure 1 of the Preliminary Drain Tile Assessment (Exhibit FF). Any drain tile lines that cross into adjacent landowner’s property should be identified in the ongoing and future outreach to 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 Figure 1 of the Preliminary Drain Tile Assessment (Exhibit FF). As noted above, for the majority of the area in which construction will occur, based on final engineering, Applicant plans to decommission the existing systems and replace them with new systems that are compatible 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-ofway 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: Regarding plans for field tile drainage systems, see response to 4906-4-08(E)(2)(b)(iii), above. Plans for minimizing impacts to agricultural soils, including the handling of topsoil and how compaction will be minimized and addressed, are provided in the Preliminary Agricultural Soils Management Plan (Exhibit GG).
(e) Plans to promptly repair, at applicant’s expense, damaged field tile systems to at least original conditions or modern equivalent. However, if the affected landowner agrees to not having the damaged field tile system repaired, the landowner may do so only if the field tile systems of adjacent landowners and public rights-of-way remain unaffected by the non-repair of the landowner's field tile system. Following completion of any repair, the applicant will file a map of the repaired drain tile systems in the case docket at the close of the project’s construction.
Response: In areas in which the drain tile will not be replaced during construction and where the Project will be 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. If
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the participating landowner consents, Applicant will not perform the repair as long as the drain tile systems of adjacent landowners and public rights-of-way are unaffected.
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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) Adherence to other regulations. Construction and operation of all proposed facilities shall be consistent with all applicable state and federal requirements, including all applicable safety, construction, environmental, electrical, communications, and all federal aviation administration requirements. Except where compliance is waived by the board pursuant to section 4906.13 of the Revised Code, an applicant will comply with state building code regulations in constructing structures not involved in generation or transmission of electricity.
Response: The Applicant will adhere to applicable state and federal requirements. Additionally, Applicant will comply with state building code regulations in constructing structures not directly involved in generation or transmission of electricity, pursuant to R.C. 4906.13.
(2) Construction, operations, and maintenance safety.
(a) Equipment Safety
(i) The applicant shall comply with the manufacturer’s most current safety manual, unless such safety manual conflicts with paragraph (C)(2) of rule 4906-4-08 of the Administrative Code.
Response: Applicant will comply with the manufacturer’s most current safety manual, unless it conflicts with OAC 4906-4-08(C)(2).
(ii) The applicant shall maintain a copy of this safety manual in the operations and management building of the facility.
Response: Applicant will maintain a copy of the safety manual at the O&M Building for the Project.
(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
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the Geology-Hydrogeology and Preliminary Geotech Report (Exhibit P). The preliminary geotechnical investigation included 8 borings of depths from 13.9 to 47 feet. The borings locations are shown on the map (Figure 1) attached to 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) Sixty days prior to the preconstruction conference, the applicant shall provide a fully detailed geotechnical exploration and evaluation to confirm that there are no issues to preclude development of the facility.
Response: As discussed in response to 4906-4-08(A)(5)(d), Applicant plans to conduct a comprehensive geotechnical exploration and evaluation to provide an extensive profile of subsurface conditions prior to final design of the Project. This evaluation will confirm that there are no geotechnical issues that preclude development of the Project.
(iii) The applicant must fill all boreholes and borehole abandonment must comply with state and local regulations.
Response: Applicant will fill all boreholes and will comply with state and local regulations pertaining to borehole abandonment.
(iv) The applicant shall provide copies of all geotechnical boring logs to board staff and to the Ohio department of natural resources division of geological survey prior to construction.
Response: Applicant will provide a copy of the geotechnical evaluation, including all boring logs, to OPSB staff and to ODNR prior to the start of construction.
(c) Blasting. Should site-specific conditions warrant blasting, the applicant shall submit a blasting plan to the board, at least thirty days prior to blasting.
(i) The applicant shall submit the following information as part of its blasting plan:
(a) The name, address, and telephone number of the drilling and blasting company.
(b) A detailed blasting plan for dry and/or wet holes for a typical shot. The blasting plan shall address blasting times, blasting signs, warnings, access control, control of adverse effects, and blast records.
(c) A plan for liability protection and complaint resolution.
Response: In the event blasting is required for construction of the Project, Applicant will submit a blasting plan, with the information required in subparts (a) through (c) above, to OPSB staff at least 30 days prior to blasting.
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(ii) Prior to the use of explosives, the applicant or explosive contractor shall obtain all required licenses and permits. The applicant shall submit a copy of the license or permit to the board within seven days of obtaining it from the local authority.
Response: If blasting is required, Applicant will comply with this requirement.
(iii) The blasting contractor shall utilize two blasting seismographs that measure ground vibration and air blast for each blast. One seismograph shall be placed beside the nearest dwelling, or at least at the nearest accessible property line to the dwelling, and the other placed at the discretion of the blasting contractor.
Response: If blasting is required, Applicant will comply with this requirement.
(iv) At least thirty days prior to the initiation of blasting operations, the applicant must notify, in writing, all residents or owners of dwellings or other structures within one thousand feet of the blasting site. The applicant or explosive contractor shall offer and conduct a pre-blast survey of each dwelling or structure within one thousand feet of each blasting site, unless waived by the resident or property owner. The survey must be completed and submitted to the board at least ten days before blasting begins.
Response: If blasting is required, Applicant will comply with this requirement.
(3) Maintenance and use.
(a) The applicant shall maintain the renewable energy generation facility equipment in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, and security measures.
Response: Applicant will comply with this requirement.
(b) The applicant shall have a construction and maintenance access plan based on final plans for the facility, access roads, and types of equipment to be used. The plan shall consider the location of sensitive resources, as identified by the Ohio department of natural resources, and explain how impacts to all sensitive resources will be avoided or minimized during construction, operation, and maintenance. The plan shall include locations of erosion control measures. The plan shall provide specific details on all wetlands, streams, and/or ditches to be impacted by the facility, including those where construction or maintenance vehicles and/or facility components such as access roads cannot avoid crossing the waterbody. In such cases, specific discussion of the proposed crossing methodology for each wetland and stream crossing, and post-construction site restoration, must be included. The plan shall include the measures to be used for
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restoring the area around all temporary access points, and a description of any long-term stabilization required along permanent access routes.
Response: Applicant will comply with this requirement.
(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: The Project’s Preliminary Vegetation Management Plan (Exhibit D) is included in this application.
The areas of proposed vegetation clearing for the Project total less than 5 acre. Given that this limited clearing will take place within a far larger area of several hundred 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 3.1.2 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 tallgrowing 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: As described in Section 3.4, 4.1, and 4.2 of the Preliminary Vegetation Management Plan (Exhibit D), herbicides may be necessary to clear invasive species, control noxious weeds, and establish the pasture for the Project. Applicant expects, however, that the amount of herbicides
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applied will be far less than that used for the current row crop operations. Further, herbicide use in proximity to surface waters will be limited to the greatest extent possible.
(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, 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: Prevention of noxious weeds is described in the response to Ohio Adm.Code 4906-408(B)(5). Applicant also 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, construction staging areas, and access road materials after the end of 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
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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.
(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: As discussed in the responses to 4906-4-07(C)(1)(a) and 4906-4-07(C)(2)(c) above, Applicant will submit a site-specific SWP3 in accordance with the General Construction Permit prior to the start of construction. Applicant will comply with the above requirements by including each of the above items in its SWP3.
(C) Aesthetics and recreational land use.
(1) In the event of vandalism on any generating facility, the applicant shall immediately remove or abate the damage to preserve the aesthetics of the project to pre-vandalism condition.
Response: Applicant will comply with this requirement.
(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 not post commercial signage or advertisements except for information identifying the manufacturer or operator of the facility. Applicant may post other information specific to the Project and relevant to the general public, such as information about pollinatorfriendly vegetation at the site.
(3) All structures that require lighting by the federal aviation administration, including construction equipment, shall be lit with the minimum lighting required by the federal aviation administration. Lighting of other parts of the wind farm, such as associated
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structures and access roads, shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from adjacent properties.
Response: Applicant will comply with this requirement.
(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), there are no historic structures that are expected to be visually affected by the Project.
Also as discussed above in response to 4906-4-08(D)(3), Applicant plans to mitigate impacts to the few 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 are provided in Attachment C to the Visual Resource Assessment (Exhibit CC).
(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
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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.
Response: Applicant will comply with this requirement. Much of this coordination is already addressed in the Wildlife and Habitat Assessment Report (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 and Habitat Assessment Report (Exhibit W). Applicant will implement the recommendations in those coordination letters.
(2) The applicant shall contact board staff within twenty-four hours if federal or state listed species are encountered during construction activities. Construction activities that could adversely impact the identified plants or animals shall be halted until an appropriate course of action has been agreed upon by the applicant, board staff, and other applicable administrative agencies.
Response: Applicant will comply with this requirement.
(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 state or federally listed species. These letters are included as Appendices C and D to the Wildlife and Habitat Assessment Report (Exhibit W).
(4) If construction activities result in significant adverse impact to federal or state listed and protected species, the applicant will develop a mitigation plan or adaptive management strategy.
Response: Applicant will comply with this requirement.
(5) The Applicant shall have a Staff-approved environmental specialist on site during construction activities that may affect sensitive areas. Sensitive areas shall include, but are not limited to, wetlands and streams, and locations of threatened or endangered species. The environmental specialist shall be familiar with water quality protection issues and potential threatened or endangered species of plants and animals that may be encountered during project construction. The environmental specialist shall have
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authority to stop construction at the location where a sensitive impact is unexpectedly encountered to mitigate unforeseen environmental impacts and to recommend procedures to resolve the sensitive impact. A map shall be provided to Staff showing sensitive areas which would be impacted during construction with information on when the environmental specialist would be present
Response: Applicant will comply with this requirement.
(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 have minimal impacts on wooded areas within the (up to 559 acre) Solar and Grazing Area. Less than 5 acres of trees are planned for removal. This will minimize the fragmentation and isolation of woodlots or reduction of connecting corridors between woodlots.
(E) Noise.
(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 noted in Section 3 of the Noise Impact Assessment (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 Impact Assessment (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) Decommissioning, remediation, restoration, and removal.
(1) The applicant shall provide the final decommissioning plan to the board and the applicable county engineer(s) at least thirty days prior to the preconstruction conference. The plan shall:
(a) Indicate the intended future use of the land following reclamation.
(b) Describe the engineering techniques and major equipment to be used in decommissioning and reclamation; a surface water drainage plan and any proposed impacts that would occur to surface and ground water resources and wetlands; and a plan for backfilling, soil stabilization, compacting, and grading.
(c) Provide a detailed timetable for the accomplishment of each major step in the decommissioning plan, including the steps to be taken to comply with applicable air, water, and solid waste laws and regulations and any applicable health and safety standards in effect as of the date of submittal.
Response: Applicant will provide a final decommissioning plan at least 30 days prior to the preconstruction conference that complies with these requirements.
(2) The applicant shall file a revised decommissioning plan to the board and the applicable county engineer(s) every five years from the commencement of construction. The revised plan shall include advancements in engineering techniques and reclamation equipment and standards. The revised plan shall be applied to each five-year decommissioning cost estimate.
Response: Applicant will provide a revised decommissioning plan every five years from the commencement of construction that complies with these requirements.
(3) The applicant shall, at its expense, complete decommissioning of the facility within twelve months after the end of the useful life of the facility. If no electricity is generated for a continuous period of twelve months, or if the board deems the facility to be in a state of disrepair warranting decommissioning, the facility will be presumed to have reached the end of its useful life. The board may extend the useful life period for the facility for good cause as shown by the applicant. The board may also require decommissioning of individual
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components due to health, safety, wildlife impact, or other concerns that prevent the facility or its components from operating within the terms of the certificate.
Response: Applicant acknowledges and will comply with this requirement.
(4) Decommissioning shall include the removal and transportation of the facility components off site. Decommissioning shall also include the removal of buildings, cabling, electrical components, access roads, and any other associated facilities, unless otherwise mutually agreed upon by the facility owner and/or facility operator and the landowner. All physical material pertaining to the facility and associated equipment shall be removed to a depth of at least thirty-six inches beneath the soil surface, or more for the maintenance and repair of field tile systems, and transported off site. The disturbed area shall be restored to the same physical condition that existed before construction of the facility. Damaged field tile systems shall be repaired to the satisfaction of the property owner.
Response: Applicant acknowledges and will comply with these requirements.
(5) During decommissioning, all recyclable materials, salvaged and non-salvaged, shall be recycled to the furthest extent practicable. All other non-recyclable waste materials shall be disposed of in accordance with state and federal law.
Response: Applicant will comply with these requirements.
(6) The facility owner and/or facility operator shall not remove any improvements made to the electrical infrastructure if doing so would disrupt the electric grid, unless otherwise approved by the applicable regional transmission organization and interconnection utility.
Response: Applicant will comply with this requirement.
(7) At least seven days prior to the preconstruction conference, the applicant shall retain an independent, registered professional engineer, licensed to practice engineering in the state of Ohio to estimate the total cost of decommissioning in current dollars, without regard to salvage value of the equipment. This estimate shall be conducted every five years. Said estimate shall include:
(a) An identification and analysis of the activities necessary to implement the most recent approved decommissioning plan including, but not limited to, physical construction and demolition costs assuming good industry practice and based on publication or guidelines approved by staff;
(b) The cost to perform each of the activities; and
(c) An amount to cover contingency costs, not to exceed ten per cent of the above calculated reclamation cost.
(d) For wind facilities, said estimate will be converted to a per turbine basis calculated as the total cost of decommissioning of all facilities divided by the number of turbines in the most recent facility engineering drawings.
Response: Applicant will provide an estimate of the total cost of decommissioning that complies with these requirements.
(8) The applicant, facility owner, and/or facility operator shall post and maintain a performance bond for decommissioning. For wind facilities, the performance bond will be in an amount equal to the per turbine decommissioning costs multiplied by the sum of the number of turbines constructed and under construction. The form of the performance bond shall be mutually agreed upon by the board and the applicant, the facility owner, and/or the facility operator. The performance bond shall ensure the faithful performance of all requirements and reclamation conditions of the most recently filed and approved decommissioning and reclamation plan. At least thirty days prior to the preconstruction conference, the applicant, the facility owner, and/or the facility operator shall provide an estimated timeline for the posting of decommissioning funds based on the construction schedule for each turbine. Prior to commencement of construction, the applicant, the facility owner, and/or the facility operator shall provide a statement from the holder of the performance bond demonstrating that adequate funds have been posted for the scheduled construction. Once the performance bond is provided, the applicant, facility owner and/or facility operator shall maintain such funds or assurance throughout the remainder of the applicable term. The applicant, facility owner, and/or facility operator shall obtain a new performance bond every five years with an updated decommissioning cost estimate from its engineer and revised decommissioning plan.
Response: Applicant acknowledges and will comply with these requirements.
(9) The facility owner and/or facility operator shall repair damage to government-maintained (public) roads and bridges caused by decommissioning activity. Any damaged public roads and bridges shall be repaired promptly to their pre-decommissioning state by the facility owner and/or facility operator under the guidance of the appropriate regulatory agency. The applicant shall provide financial assurance to the counties that it will restore the public roads and bridges it uses to their pre-decommissioning condition. These terms shall be defined in a road use agreement between the applicant and the county engineer(s) prior to construction. The road use agreement shall contain provisions for the following:
(a) A pre-decommissioning survey of the condition of public roads and bridges conducted within a reasonable time prior to decommissioning activities.
(b) A post-decommissioning survey of the condition of public roads and bridges conducted within a reasonable time after decommissioning activities.
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(c) An objective standard of repair that obligates the facility owner and/or facility operator to restore the public roads and bridges to the same or better condition as they were prior to decommissioning.
(d) A timetable for posting of the decommissioning road and bridge bond prior to the use or transport of heavy equipment on public roads or bridges.
Response: Applicant acknowledges and will comply with these requirements.
(10) The performance bond shall be released by the holder of the bond when the facility owner and/or facility operator has demonstrated, and the board concurs, that decommissioning has been satisfactorily completed, or upon written approval of the board, in order to implement the decommissioning plan.
Response: Applicant acknowledges this requirement
(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 Velocities Analysis (Exhibit R). Generally, the Project’s components are not susceptible to damage from high winds. The piles for the racking are expected to be made of galvanized steel and to be installed, based on the site-specific soil conditions, at sufficient depths to prevent the movement of the associated equipment from wind. The racking and solar panels selected during final engineering and design of the Project are expected to be accompanied by wind ratings from the manufacturers. Based on these design features, Applicant believes it is not necessary to mitigate any adverse consequences.
(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 Assessment (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
Crossroads Solar, LLC Case No. 25-0142-EL-BGN
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 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 Preliminary Landscape Plan (Exhibit DD) was prepared by a landscape architect licensed by the Ohio Landscape Architects Board and satisfies the above requirements. The landscape plan will be updated prior to construction in accordance with the Project’s final design.
(H) Location. Wind farms shall be sited in locations that comply with paragraph (C)(2) of rule 4906-408 of the Administrative Code and applicable provisions of this rule.
Response: This rule is not applicable.
4906-4-10 Notice and reports of incidents involving wind farm facilities NOT APPLICABLE (wind facilities only)
Crossroads Solar, LLC
Case No. 25-0142-EL-BGN