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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), (4), 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 and land use 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 to minimize or avoid adverse effects identified in
the site assessment report.
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 10, 2014
History: Amended 2014 Ky. Acts ch. 88, sec. 4, effective April 10, 2014. -- Created
2002 Ky. Acts ch. 365, sec. 5, effective April 24, 2002.
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