278.708 Site assessment report -- Consultant -- Mitigation measures.
(1)
(2)
(3)
(4)
(5)
(6)
Any person proposing to construct a merchant electric generating facility shall file a
site assessment report with the board as required under KRS 278.706(2)(l).
A site assessment report shall be prepared by the applicant or its designee.
A completed site assessment report shall include:
(a) A description of the proposed facility that shall include a proposed site
development plan that describes:
1.
Surrounding land uses for residential, commercial, agricultural, and
recreational purposes;
2.
The legal boundaries of the proposed site;
3.
Proposed access control to the site;
4.
The location of facility buildings, transmission lines, and other
structures;
5.
Location and use of access ways, internal roads, and railways;
6.
Existing or proposed utilities to service the facility;
7.
Compliance with applicable setback requirements as provided under
KRS 278.704(2), (3), or (5); and
8.
Evaluation of the noise levels expected to be produced by the facility;
(b) An evaluation of the compatibility of the facility with scenic surroundings;
(c) The potential changes in property values resulting from the siting,
construction, and operation of the proposed facility for property owners
adjacent to the facility;
(d) Evaluation of anticipated peak and average noise levels associated with the
facility's construction and operation at the property boundary; and
(e) The impact of the facility's operation on road and rail traffic to and within the
facility, including anticipated levels of fugitive dust created by the traffic and
any anticipated degradation of roads and lands in the vicinity of the facility.
The site assessment report shall also suggest any mitigating measures to be
implemented by the applicant including planting trees, changing outside lighting,
erecting noise barriers, and suppressing fugitive dust.
The board shall have the authority to hire a consultant to review the site assessment
report and provide recommendations concerning the adequacy of the report and
proposed mitigation measures. The board may direct the consultant to prepare a
separate site assessment report. Any expenses or fees incurred by the board's hiring
of a consultant shall be borne by the applicant.
The applicant shall be given the opportunity to present evidence to the board
regarding any mitigation measures. As a condition of approval for an application to
obtain a construction certificate, the board may require the implementation of any
mitigation measures that the board deems appropriate.
Effective: April 24, 2002
History: Created 2002 Ky. Acts ch. 365, sec. 5, effective April 24, 2002.
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