W. Va. Code R. § 150-30-4

Current through Register Vol. XLI, No. 43, October 25, 2024

Section 150-30-4 - Application

4.1. In addition to Form No. 1, a completed application shall include the following:

4.1.1. Project summary and 24-2-1(d) generating facility overview. In general, the summary should be suitable as a reference for state and local governments and for the public. The summary and overview shall include the following:

4.1.1.a. A statement explaining the general purpose of the 24-2-1(d) generating facility;

4.1.1.b. A description of the proposed 24-2-1(d) generating facility;

4.1.1.c. A list of all required government (state, local, federal) approvals and/or permits for the 24-2-1(d) generating facility, and the filing status of each.

4.1.1.d. An explanation of the project schedule; and

4.1.1.e. Information filed by the applicant in response to the requirements of this section shall be deemed responses to any other section of the application requirements provided that a cross-reference notation is included in both locations.

4.1.2. Description of 24-2-1(d) generating facility.

4.1.2.a. Where applicable, for each generation unit, the type of unit, estimated net demonstrated capability, heat rate, expected annual capacity factor and expected hours of annual generation for each year of the first five years of operation;

4.1.2.b. Total 24-2-1(d) generating facility land area requirement;

4.1.2.c. Where applicable, fuel quantity. If dual fueled, provide quantity of each fuel. Indicate the maximum amount of fuel expected to be consumed in one hour at peak output and the expected amount of fuel consumed per year.

4.1.2.d. Fuel Storage. Indicate how much, if any, of each kind of fuel will be stored on and off site. Discuss the details of such storage arrangements including the expected number of days of fuel to be stored.

4.1.2.e. A list of expected air emissions and water discharges and, for each, the name of the federal and/or state regulatory authority from which a permit must be obtained, or, a statement that no permits from other federal and/or state regulatory authorities are required for those emissions and discharges.

4.1.2.f. Water requirement, source of water, treatment, quantity of any discharge and names of receiving streams;

4.1.3. A list of any interconnection studies required and the timetable for completion of those studies.

4.1.4. The projected date for placement of the 24-2-1(d) generating facility in service.

4.1.5. Technical data.

4.1.5.a. An aerial photograph for a one-mile radius from the boundaries of the 24-2-1(d) generating facility(ies). This photograph shall have been taken no earlier than one (1) year prior to the date the Siting certificate application is filed and the proposed facility location(s) should be clearly marked. The scale of the photograph must be indicated on the photograph.

4.1.5.b. Design and construction. Elevation view engineering drawings based on information on the proposed layout on the most current engineering design plans for the 24-2-1(d) generating facility, depicting the major structures and installations to be located thereon. With respect to any transmission line, the applicant shall provide plan view drawings depicting the alignment of the transmission line, transmission tower locations and likely variations thereof. Applicant shall also include elevation view drawings of the type of transmission tower likely to be used.

4.1.5.c. Site activities. A description of the proposed site preparation and reclamation operations, including:

4.1.5.c.1. Test boring;

4.1.5.c.2. Removal of vegetation;

4.1.5.c.3. Grading and drainage provisions;

4.1.5.c.4. Access roads;

4.1.5.c.5. Removal and disposal of debris; and

4.1.5.c.6. Post-construction reclamation.

4.1.5.d. Future plans.

4.1.5.d.1. A statement that the Applicant intends to be the entity that will own and operate the 24-2-1(d) generating facility into the future.

4.1.5.d.2. A description of any plans for future additions of generating units for the site, including the type and timing; and the maximum generating capacity anticipated for the site.

4.1.5.d.3. A description of post useful life demolition, removal, disposal, and restoration plans for facilities.

4.1.5.e. Equipment.

4.1.5.e.1. Generating equipment. A description of the proposed major generating equipment.

4.1.5.e.2. Emission control and safety equipment.

4.1.5.e.2.A. A description of all proposed major flue gas emission control equipment, including tabulations of expected efficiency, power consumption, and operating costs for supplies and maintenance;

4.1.5.e.2.B. A discussion of the reliability of the equipment and the reduction in efficiency for partial failure;

4.1.5.e.2.C. A description of the equipment proposed for control of effluents discharged into water bodies and receiving streams; and

4.1.5.e.2.D. A description of all proposed major public safety equipment.

4.1.5.e.3. A description of any other major equipment not discussed in paragraphs 4.1.5.e.2.C. and 4.1.5.e.2.D. of this rule.

4.1.5.f. Maps.

4.1.5.f.1. 5-mile radius Map. An ANSI size D map(s) of 1 inch: 4800 feet scale or larger containing at least a 5-mile radius from, and depicting, the proposed 24-2-1(d) generating facility and transmission lines, and showing the following features:

4.1.5.f.1.A. Major population centers and geographic boundaries;

4.1.5.f.1.B. Major transportation routes and utility corridors;

4.1.5.f.1.C. Bodies of water which may be directly affected by the proposed 24-2-1(d) generating facility;

4.1.5.f.1.D. Topographic contours;

4.1.5.f.1.E. Major institutions;

4.1.5.f.1.F. Incorporated communities; areas officially designated as public or private recreational areas, parks, forests, hunting or fishing areas, or similar facilities; historic scenic areas or places; places of religious worship; archaeological places; or places otherwise of cultural significance, including districts, sites, buildings, structures and objects which are recognized by, registered with, or identified as eligible for registration by the National Registry of Historic Places, or any state agency;

4.1.5.f.1.G. Land use and classifications; including residential, urban, manufacturing, commercial, mining, transportation, utilities, wetland, forest and woodland, pasture and crop land;

4.1.5.f.2. 1-Mile Radius Proposed 24-2-1(d) generating facility map. An ANSI size D map(s) of 1 inch: 2000 feet scale or larger, which shall include the generation facility and transmission line site and at least a 1-mile radius thereof. This map shall show the following features:

4.1.5.f.2.A. The 24-2-1(d) generating facility;

4.1.5.f.2.B. Individual structures and installations required for construction or operation of the 24-2-1(d) generating facility that are outside the boundaries of the 24-2-1(d) generating facility.

4.1.5.f.2.C. Fuel, waste, and other storage facilities associated with the 24-2-1(d) generating facility;

4.1.5.f.2.D. Fuel and waste processing facilities, if any, associated with the 24-2-1(d) generating facility;

4.1.5.f.2.E. Water supply and sewage lines required by the 24-2-1(d) generating facility;

4.1.5.f.2.F. Transmission lines;

4.1.5.f.2.G. Substations, switchyards, and transformers into which transmission lines will connect;

4.1.5.f.2.H. Transportation facilities and access roads, required for the construction or operation of the 24-2-1(d) generating facility;

4.1.5.f.2.I. Grade elevations where modified during construction of the 24-2-1(d) generating facility; and

4.1.5.f.2.J. Other pertinent installations dedicated to the construction or operation of the 24-2-1(d) generating facility.

4.1.5.g. Impact. The applicant shall identify and describe the impact of the 24-2-1(d) generating facility on any public utilities, including but not limited to water utilities, sewer utilities, electric utilities, commercial solid waste facilities, natural gas utilities, and telephone utilities. The applicant shall further identify and describe the impact of the 24-2-1(d) generating facility on other generating facilities whether or not utility-owned.

4.1.5.h. Rendering of project.

4.1.5.h.1. Still renderings from all scenic overlooks and project views that will be most evident to the public, and which are accessible to the applicant, from which the 24-2-1(d) generating facility will be visible after construction.

4.1.5.h.2. Still renderings which show structures at ground level shall include a scaled representation of a 6 foot tall figure in near proximity to such structures to allow the viewer to clearly see the scale of the project structures.

4.1.5.i. Hydrology.

4.1.5.i.1. The natural and the man-affected water budgets, including the ten-year mean and critical (lowest seven-day flow in ten years) surface flows and the mean and extreme water tables during the past ten years, to the extent records exist, for each surface water body and sub-surface water sources likely to be directly affected by the proposed 24-2-1(d) generating facility;

4.1.5.i.2. Existing maps of aquifers which may be directly affected by the proposed 24-2-1(d) generating facility;

4.1.5.i.3. A description of how the project and the water use identified in Rule 4.1.2.f. will affect the identified water sources.

4.1.5.j. Financial and Economic data.

4.1.5.j.1. Debt and Equity Capital.

4.1.5.j.1.A. Estimates of the amounts of debt and equity capital for the project.

4.1.5.j.1.B. A description of any agreements with public entities and whether such agreements would transfer to a future purchaser(s) of the 24-2-1(d) generating facility.

4.1.5.j.1.C. If the project will have any funding from public sources, either initially or in the future, the amount and terms for such funding must be fully disclosed. Such disclosure shall include a listing of each source of public funding, a description of the public funding and a copy of the written agreement(s) setting forth the terms and conditions for the public funding. For purposes of this paragraph, public funding shall include:

4.1.5.j.1.C.1. loans, grants or contributions from the State or Federal government, any sub-division of the State or any public Board, Commission or similar entity;

4.1.5.j.1.C.2. leases or other uses of property owned by the State, any sub-division of the State or any public Board, Commission or similar entity;

4.1.5.j.1.C.3. abatement of any taxes.

4.1.5.j.2. Local and State Economic Impact. Estimates of the effect of the project on the local and state economy as well as the model used to derive the estimates. Such estimates shall cover the construction phase of the project and the ongoing impacts after construction. Such estimates shall include but not be limited to:

(i) the impact on local employment (including the number and expected payroll value of added jobs), both directly and indirectly related to the project;

(ii) the impact on all local and state taxes, both directly and indirectly related to the project;

(iii) the impact on local commercial business activity including tourism;

(iv) the impact on area property values; and

(v) the impact on existing infrastructure. The baseline data used to provide this information shall come from existing sources, and the applicant is not required to conduct new demographic or socio-economic research.

4.1.5.k. Environmental data.

4.1.5.k.1. Species. With respect to the geographic area where the 24-2-1(d) generating facility will be located, an affidavit listing any and all permits that the applicant will be required to obtain from the US Fish and Wildlife Service, the West Virginia Department of Natural Resources, or any other government authority, with respect to threatened or endangered species. The affidavit shall include a statement that the applicant will comply with all permitting, and/or "taking" requirements of such other governmental agencies.

4.1.5.k.2. View.

4.1.5.k.2.A. Operation.

4.1.5.k.2.A.1. A description of the expected impacts of 24-2-1(d) generating facility operations on the viewshed within a one-mile radius of the proposed 24-2-1(d) generating facility;

4.1.5.k.2.A.2. A description of the expected impacts of 24-2-1(d) generating facility operations on the viewshed within a five-mile radius of the proposed 24-2-1(d) generating facility;

4.1.5.k.2.A.3. For structures higher than 300 feet, a description of the expected impacts of operation on the viewshed within a 20-mile radius around the proposed 24-2-1(d) generating facility;

4.1.5.k.2.A.4. A description of any plans to mitigate the impact of operations on the viewshed.

4.1.5.k.3. Noise.

4.1.5.k.3.A. Preconstruction. A noise exposure map of the noise present prior to construction containing contour lines of equal noise at and up to one mile from the 24-2-1(d) generating facility's property line. The increment of equal noise levels will be no more than 3db. Noise will be shown as average Day-Night Sound Levels (DNL). Noise events during the night (Defined as 10:00pm to 6:59am) shall be weighted (or penalized) by 10db to reflect the greater perceived impact of noise during the night. The base line noise study conducted to develop this map shall be no less than seven days including Saturday and Sunday. The map shall show all noise sensitive areas within one mile of the 24-2-1(d) generating facility's property line and shall indicate whether such structure is residential, commercial or industrial. Current land uses shall also be designated.

4.1.5.k.3.B. Operation.

4.1.5.k.3.B.1. A predictive noise study and a noise exposure map of the noise expected to be present during operation containing contour lines of equal noise at and up to one mile from the 24-2-1(d) generating facility's property line. The increment of equal noise levels will be no more than 3db. Noise will be shown as average DNL. The noise exposure map will take into account all aspects of operation including but not limited to generating equipment, processing equipment and associated road traffic during operations. Noise events during the night (Defined as 10:00pm to 6:59am) shall be weighted (or penalized) by 10db to reflect the greater perceived impact of noise during the night.

4.1.5.k.3.B.2. The map shall show all noise sensitive areas within one mile of the 24-2-1(d) generating facility's property line and shall indicate whether each structure is residential, commercial or industrial. Current land uses should also be designated.

4.1.5.k.3.B.3. A description of equipment and procedures to mitigate the effects of noise emissions from the proposed 24-2-1(d) generating facility during operation.

4.1.5.k.3.B.4. For purposes of the predictive noise study and maps, noise sensitive areas shall include, but not be limited to, hospitals, schools, residences, cemeteries, parks, and places of religious worship.

4.1.5.k.4. Traffic.

4.1.5.k.4.A. Preconstruction. A description of existing pre-construction traffic near the site to provide baseline traffic calculations.

4.1.5.k.4.B. Construction.

4.1.5.k.4.B.1. A description of any substantial increases in traffic levels expected on a daily and hourly basis;

4.1.5.k.4.B.2. A map showing each road described and the location of the access points to those roads into or out of the 24-2-1(d) generating facility.

4.1.5.k.4.B.3. A description of any plans to mitigate the impact of any substantial increases in traffic with respect to traffic sensitive areas within a 5-mile radius of the proposed 24-2-1(d) generating facility during construction.

4.1.5.k.4.C. Operation.

4.1.5.k.4.C.1. A description of any substantial increases in traffic levels expected on a daily and hourly basis on roads within a 5-mile radius of the proposed 24-2-1(d) generating facility;_

4.1.5.k.4.C.2. Provide a map showing each road described and the location of the access points to those roads into or out of the 24-2-1(d) generating facility;

4.1.5.k.4.C.3. A description of any plans to mitigate the effects of substantial increases in traffic attributable to project operations with respect to traffic sensitive areas within a 5-mile radius of the proposed 24-2-1(d) generating facility.

4.1.5.l. Land Uses.

4.1.5.l.1. Identification of structures that will be removed or relocated;

4.1.5.l.2. A description of formally adopted plans for future use of the site and surrounding lands for anything other than the proposed 24-2-1(d) generating facility.

W. Va. Code R. § 150-30-4