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State Jurisdiction: desk report

Word file

One row of the risk matrix, PE-02 State Jurisdiction, in the Additional Permitting section: what the record holds on it.

A desk review of the record as it stood: not a field survey and not a modelled study.

Information cut-off
2023-08-15
Row in the matrix
PE-02 State Jurisdiction
All reports

Downloads

This report as a Word file, and the engine's own files for the whole run.

1Finding

2Impacts likely but may be easily resolved

The rule

Code computed the rating from the assessor's inputs:

impact_likely=yes -> 2

Set by the rule

Decision
Released with flags
The engine's reasons
  • Agencies not in the register or the evidence: IURC (conditional)
  • Category 2 is plausible from the applies-level NPDES requirement. The assessment is weakened by inconsistent handling of S-02 (labeled data-room evidenced but described as having no quote), an avoidability call made without delineation evidence, and an extent call that rests on professional judgment.
Evidence state
INFERRED · reasoned from several records

The assessor's comments

No state siting application, agency correspondence, or stormwater permit/SWPPP is included in the data room. Construction stormwater general permit coverage applies. An IDEM 401 WQC/isolated wetland permit is likely if fill or discharge occurs in waters or isolated wetlands. IURC CPCN applicability is unconfirmed.

2What the record shows

The five inputs

  • Present: yes

    No data-room claims exist for this row. Candidate requirement F-CWA402 (NPDES construction stormwater coverage and SWPPP, applies, PACK_PENDING_QUALIFIED_REVIEW) supports state approvals being required; in Indiana IDEM administers it. S-02 (IDEM 401 WQC/isolated wetland permit, likely, DATA_ROOM_EVIDENCED) is also listed as a candidate requirement, but no quote is provided to support the Sugar Run reference. S-03 is model knowledge only and is not relied on alone.

    Cites no claim.

  • Extent: core

    Construction stormwater coverage applies to every utility-scale project and governs the project as a whole. The disturbed acreage is not documented (1,356 acres is total project area), but the permit still covers the whole project under the common plan of development. This is a professional judgment.

    Cites no claim.

  • Avoidable: yes

    Construction stormwater coverage is a general permit and is routinely obtainable. Any S-02 permit is triggered only by fill or discharge, and siting can avoid that. Ownership and offtake structure are not documented, so IURC CPCN applicability (S-01, unverified, conditional) is unknown and not assumed either way.

    Cites no claim.

  • Pathway: standard

    The established requirement is a general permit (NPDES construction stormwater) with routine IDEM review. No evidence shows a full siting certificate proceeding or a statutory bar. The CPCN question is open and is handled as a next step.

    Cites no claim.

  • Impact likely: yes

    State approvals are required. Stormwater NOI/SWPPP preparation and possible IDEM water quality review add cost and schedule for a typical utility-scale build.

    Cites no claim.

Supporting statements (0)

The row cites no claim.

3Permits and requirements

The requirements tied to the rows of this report, by level.

Engine 0.1.0, which made this run, wrote no timelines or citations of law.

Federal (1)

  • NPDES Construction Stormwater General Permit coverage and SWPPP

    F-CWA402 · State NPDES permitting authority (EPA where not delegated)

    Applicability
    Required
    Instrument
    Clean Water Act Section 402 (33 U.S.C. 1342); 40 CFR 122.26
    Trigger
    Construction disturbing one acre or more, or part of a larger common plan of development.
    Description

    Coverage under the construction stormwater general permit with a Stormwater Pollution Prevention Plan for land disturbance of one acre or more.

    Verification
    PACK_PENDING_QUALIFIED_REVIEW
    Source
    pack:federal
    In the permit matrix
    F-CWA402

State (8)

  • No state siting certificate for 120 MWac merchant solar (IURC CPCN not required)

    S-01 · Indiana Utility Regulatory Commission (IURC)

    Applicability
    Conditional
    Instrument
    Certificate of Public Convenience and Necessity / siting
    Trigger
    Only if project is utility-owned or the utility seeks IURC approval of PPA/ownership
    Description

    Indiana has no state siting permit for private solar; siting is local. IURC jurisdiction applies only to regulated utilities (IC 8-1-8.5 CPCN for utility-owned generation or PPA approval) and would be triggered only if Prairie Electric owns or seeks approval for the project.

    As of the cut-off

    As of 2023-08-15 Indiana had no state solar siting permit; local control prevails (the 2023 legislative session considered but did not enact a state siting override for solar; IC 36-7-4-1109 on local wind/solar ordinances was later amended in 2024-2025 efforts). Check later changes.

    Verification
    MODEL_KNOWLEDGE_UNVERIFIED
    Source
    model:jurisdiction
    In the permit matrix
    S-01

  • 401 WQC and isolated wetland permit

    S-02 · Indiana Department of Environmental Management (IDEM)

    Applicability
    Likely
    Instrument
    Section 401 Water Quality Certification / State Isolated Wetland permit (IC 13-18-22)
    Trigger
    Fill or discharge in Sugar Run/tributaries or isolated wetlands
    Description

    Sugar Run and tributaries are likely jurisdictional waters, so a 401 WQC is required with any federal Section 404 permit. Isolated state-regulated wetlands and waters not covered federally need an IDEM isolated wetland permit if impacted.

    As of the cut-off

    As of 2023-08-15, after Sackett v. EPA (May 2023), federal jurisdiction narrowed, making state isolated wetland permitting more important. Indiana SEA 389 (2021) deregulated Class I and some Class II isolated wetlands.

    Verification
    DATA_ROOM_EVIDENCED
    Source
    model:jurisdiction
    Basis
    C-c601777a50
    In the permit matrix
    S-02

  • Notice of Intent and Construction Stormwater Pollution Prevention Plan

    S-03 · IDEM

    Applicability
    Required
    Instrument
    Construction Stormwater General Permit (327 IAC 15-5, Rule 5)
    Trigger
    Land disturbance of 1 acre or more
    Description

    Land disturbance of one acre or more requires Rule 5 NOI submitted to IDEM, with the SWPPP reviewed by the county SWCD or MS4. This project disturbs well over one acre.

    As of the cut-off

    Rule 5 as of 2023-08-15.

    Verification
    MODEL_KNOWLEDGE_UNVERIFIED
    Source
    model:jurisdiction
    In the permit matrix
    S-03

  • Construction in a Floodway permit

    S-04 · Indiana Department of Natural Resources (DNR) Division of Water

    Applicability
    Conditional
    Instrument
    Flood Control Act permit (IC 14-28-1)
    Trigger
    Any work in a mapped floodway or on a stream with 1+ sq mi drainage area
    Description

    Required for construction in a designated floodway of streams with drainage area of 1 square mile or more, e.g. Sugar Run crossings, collection lines, or fencing.

    As of the cut-off

    As of 2023-08-15.

    Verification
    MODEL_KNOWLEDGE_UNVERIFIED
    Source
    model:jurisdiction
    Basis
    C-c601777a50
    In the permit matrix
    S-04

  • Environmental review request for state endangered and threatened species

    S-05 · Indiana DNR Division of Fish & Wildlife / Nature Preserves; USFWS Bloomington field office

    Applicability
    Likely
    Instrument
    Natural Heritage Database review and state-listed species review (IC 14-31, 312 IAC 9)
    Trigger
    Always for screening; tree clearing and stream work raise risk
    Description

    Request a DNR Environmental Review for state-listed species and natural heritage. Indiana bat and northern long-eared bat tree clearing windows are commonly recommended.

    As of the cut-off

    As of 2023-08-15. NLEB was reclassified as federally endangered effective March 2023.

    Verification
    MODEL_KNOWLEDGE_UNVERIFIED
    Source
    model:jurisdiction
    In the permit matrix
    S-05

  • SHPO review; Section 106 consultation if a federal nexus exists; DNR Archaeology Plan/Permit for state-land or discovered human remains

    S-06 · Indiana DNR Division of Historic Preservation and Archaeology (SHPO)

    Applicability
    Conditional
    Instrument
    IC 14-21-1 Historic Preservation and Archaeology Act, state permit
    Trigger
    Federal nexus (e.g. 404 permit) or discovery of burials/archaeological artifacts
    Description

    No general state review for private land without a state or federal nexus, but SHPO consultation is triggered through federal permits. Inadvertent discovery of human remains or burials requires DNR notification under IC 14-21-1.

    As of the cut-off

    As of 2023-08-15. Federal nexus is missing from the project facts.

    Verification
    MODEL_KNOWLEDGE_UNVERIFIED
    Source
    model:jurisdiction
    In the permit matrix
    S-06

  • INDOT access and utility ROW permits and oversize/overweight load permits

    S-07 · Indiana Department of Transportation (INDOT) and county highway department

    Applicability
    Conditional
    Instrument
    Road/ROW permits, oversize/overweight haul permits
    Trigger
    Access, crossings or hauling on state routes
    Description

    Needed for state-highway driveway access, utility crossings of state ROW, and delivery of heavy equipment such as main power transformers.

    As of the cut-off

    As of 2023-08-15.

    Verification
    MODEL_KNOWLEDGE_UNVERIFIED
    Source
    model:jurisdiction
    In the permit matrix
    S-07

  • Construction Design Release for certain structures

    S-09 · Indiana Department of Homeland Security (Fire Prevention and Building Safety Commission)

    Applicability
    Conditional
    Instrument
    Indiana Design Release / electrical code
    Trigger
    Construction of enclosed buildings of qualifying class
    Description

    Applies to qualifying buildings such as O&M or substation control buildings. Not typically needed for solar arrays themselves.

    As of the cut-off

    As of 2023-08-15.

    Verification
    MODEL_KNOWLEDGE_UNVERIFIED
    Source
    model:jurisdiction
    In the permit matrix
    S-09

4What is missing

The information requests the run raised for the rows of this report, by priority: what is missing, what follows from it, and whether it holds up the decision.

Medium priority (2)

  • IR-ee6010c685 · Medium priority

    Provide the state siting application, docket record or agency correspondence for the project area, or confirm none exists.

    Missing evidence
    State siting application, docket record or agency correspondence
    Consequence
    State Jurisdiction is rated on partial evidence without it.
    Blocks the decision
    No
    Raised by
    completeness

  • IR-1a7896d177 · Medium priority

    Provide the stormwater permit / swppp for the project area, or confirm none exists.

    Missing evidence
    Stormwater permit / SWPPP
    Consequence
    State Jurisdiction is rated on partial evidence without it.
    Blocks the decision
    No
    Raised by
    completeness

5Next steps and agencies

Next steps

  • Confirm with IURC whether a CPCN is needed given ownership and offtake structure.
  • Plan IDEM stormwater NOI and SWPPP; 401/isolated wetland permit if fill is unavoidable.
  • Check mapped floodways and drainage areas for DNR floodway permit; submit DNR species screening; review INDOT access/hauling triggers.

Agencies

  • IDEM
  • Indiana DNR
  • IURC (conditional)

6Basis and limits

This report is a desk review of the documents quoted above, as the engine read them for an information cut-off of 2023-08-15.

It is not a field survey and not a modelled study: this review made no site visit and ran no acoustic, hydraulic or other model. Where the record is silent, the report says what is missing; it does not fill the gap.

Every statement, figure and quote is the engine's record as written. The headings and connecting words are fixed text of this room, the same in every report.

Versions and data hashes

As the engine and the exporter recorded them. Hashes are SHA-256.

Information cut-off
2023-08-15
Engine version
0.1.0
Prompt version
2026-10-02.1
Rows pack
rows.json sha256 d1df27b21f79b09d
Federal pack
federal.json sha256 aa17c41356542d46
State pack
none
Local pack
Not written by this engine
Data room manifest
6141b7dc1f8441489d39e4023d551e4c0021a37ce4f9ad157607d9096c58bfb5
Audit chain
valid (92 events)
QA status
PASS
Rendered at
2026-10-01T21:09:12+00:00
Run record (annex)
a03418c2562baa8a57b7c256ce665acd2c20e92d06e365604d162e9029f8fdd6
Exporter
Prism/room/exporter 1.4.0

Prism desk report · engine 0.1.0 · prompts 2026-10-02.1 · information cut-off 2023-08-15

Lumerian Labs 2026