Skip to content

Other: desk report

Word file

One row of the risk matrix, PE-03 Other, 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
2023-08-01
Row in the matrix
PE-03 Other

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 engine shows this rating as 2

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: USEPA, USACE
Evidence state
REPORTED · desktop, consultant or developer record

The assessor's comments

No federal land, funding or loans are involved. Main transformer holds about 14,000 gallons of mineral oil, so the substation needs an SPCC plan. One access road crossing of an ephemeral stream is expected under a USACE nationwide permit. The collection easement crosses a Calder Gathering Company gathering line and requires a written crossing agreement.

Worst case

The same rule on the worst case gives no rating above the point.

Scenario

The determination or a layout change takes the crossing outside NWP 14 without notification, so a pre-construction notification is needed; the Corps would then consult SHPO and tribes under Section 106, and no tribal consultation has yet taken place.

Step still pending
Preliminary jurisdictional determination and final layout
Inputs in the worst case
Extent peripheral · Avoidable partly · Pathway standard · Impact likely yes
The rule on the worst case
worst case (impact_likely=yes -> 2) not above the point
Claims that make it plausible
C-8deff0ea95, C-f5449d6a0d, C-336bf30d1a

2What the record shows

The five inputs

Supporting statements (11)

Each claim the row cites: the statement in the assessor's words, then the quote the engine found on the page.

  1. C-01ec477e4b

    No federal land, funding or federal loan program is involved.

    Quoted from page 1
    No federal land, federal funding or federal loan program is involved.

    Tamsin Ridge Solar and Storage Project - Project Description · DR-0001 · Page 1 · 2023-06-12

    Source developer_document · Claim type absence · Polarity absence · Confidence high · Quote check exact, 100 of 100

  2. C-13ca79b38e

    The May 8, 2023 draft layout avoids all five wetlands and keeps the ODNR buffers.

    Quoted from page 3
    The draft layout dated May 8, 2023 avoids all five wetlands and keeps the ODNR buffers.

    Wetland and Stream Delineation Report - Tamsin Ridge Solar and Storage Project · DR-0013 · Page 3 · 2023-05-22

    Source developer_document · Claim type other · Polarity neutral · Confidence high · Quote check exact, 100 of 100

    Cited by AQ-01 · Filed under AQ-01, PE-02, PE-03

  3. C-336bf30d1a

    The S-4 access road crossing is the only planned fill: about 40 linear feet of ephemeral channel (0.02 acre) under NWP 14.

    Quoted from page 3
    about 40 linear feet of ephemeral channel (0.02 acre), within NWP 14 without pre-construction notification.

    Wetland and Stream Delineation Report - Tamsin Ridge Solar and Storage Project · DR-0013 · Page 3 · 2023-05-22

    Source consultant_memo · Claim type extent · Polarity presence · Confidence high · Quote check exact, 100 of 100

    Cited by AQ-01, EG-01 · Filed under AQ-01, EG-01, PE-03

  4. C-441acfa155

    A USACE nationwide permit is expected for one access road crossing of an ephemeral stream.

    Quoted from page 1
    A U.S. Army Corps of Engineers nationwide permit is expected for one access road crossing of an ephemeral stream.

    Tamsin Ridge Solar and Storage Project - Project Description · DR-0001 · Page 1 · 2023-06-12

    Source developer_document · Claim type presence · Polarity presence · Confidence high · Quote check exact, 100 of 100

    Cited by AQ-01, EC-01 · Filed under AQ-01, PE-03

  5. C-6f25b5bd2e

    Parcel 7 has a gathering pipeline crossing.

    Quoted from page 1
    Recorded easement; not leased; gathering pipeline crossing

    Parcel Schedule 2023-07-14 · DR-0005 · Page 1 · 2023-07-14

    Source developer_document · Claim type presence · Polarity presence · Confidence high · Quote check exact, 100 of 100

    Filed under EN-01

  6. C-8b50a6949e

    Cross ephemeral stream S-4 with the East Block access road on a culvert under Nationwide Permit 14, with impacts expected below 0.1 acre.

    Quoted from page 1
    under Nationwide Permit 14; impacts are expected to be below 0.1 acre.

    Wetland and Stream Delineation Report - Tamsin Ridge Solar and Storage Project · DR-0013 · Page 1 · 2023-05-22

    Source consultant_memo · Claim type recommendation · Polarity neutral · Confidence high · Quote check exact, 100 of 100

    Cited by AQ-01 · Filed under AQ-01, PE-02, PE-03

  7. C-8deff0ea95

    A preliminary jurisdictional determination should be requested before the OPSB application is filed.

    Quoted from page 1
    Request a preliminary jurisdictional determination before the OPSB application is filed.

    Wetland and Stream Delineation Report - Tamsin Ridge Solar and Storage Project · DR-0013 · Page 1 · 2023-05-22

    Source consultant_memo · Claim type recommendation · Polarity neutral · Confidence high · Quote check exact, 100 of 100

    Cited by AQ-01 · Filed under AQ-01, PE-03

  8. C-d257ecfe8e

    The easement crosses the Calder Gathering Company natural gas gathering line, requiring the grantee to obtain a written crossing agreement and keep required clearance.

    Quoted from page 1
    Grantee will obtain that company's written crossing agreement and keep the clearance it requires.

    Underground Collection Line Easement Agreement - Parcel 7 · DR-0003 · Page 1 · 2022-11-03

    Source public_record · Claim type constraint · Polarity presence · Confidence medium · Quote check exact, 100 of 100

    Cited by EN-01, PE-05 · Filed under EN-01, PE-03, PE-05

  9. C-e571f3a9eb

    Main power transformer holds about 14,000 gallons of mineral oil, so the substation needs an SPCC plan under 40 CFR Part 112.

    Quoted from page 2
    The main power transformer holds about 14,000 gallons of mineral oil, so the substation needs a Spill

    Stormwater, Floodplain and Drainage Memo - Tamsin Ridge Solar and Storage Project · DR-0019 · Page 2 · 2023-06-05

    Source consultant_memo · Claim type regulatory · Polarity presence · Confidence high · Quote check exact, 100 of 100

    Cited by EN-04 · Filed under EN-04, PE-03

  10. C-f23d5887f3

    The centerline crosses the Calder Gathering Company gathering line at about station 9+40 and a farm lane at station 14+05.

    Quoted from page 2
    The centerline crosses the Calder Gathering Company gathering line at about station 9+40 and a farm lane at

    Underground Collection Line Easement Agreement - Parcel 7 · DR-0003 · Page 2 · 2022-11-03

    Source public_record · Claim type extent · Polarity presence · Confidence medium · Quote check exact, 100 of 100

    Filed under EN-01, PE-03, PE-05

  11. C-f5449d6a0d

    If a Corps permit with pre-construction notification is needed, the Corps will consult the SHPO and tribes under Section 106; no tribal consultation has taken place yet.

    Quoted from page 3
    no tribal consultation has taken place yet.

    Cultural Resources Literature Review and Phase I Archaeological Survey - Tamsin Ridge · DR-0008 · Page 3 · 2023-06-30

    Source consultant_memo · Claim type regulatory · Polarity neutral · Confidence high · Quote check exact, 100 of 100

    Cited by CU-01 · Filed under CU-01, PE-03

3Permits and requirements

The requirements tied to the rows of this report, by level. Each quote from dated law is shown with its source, the version in force on the cut-off and the basis for it.

Federal (2)

  • NEPA review (categorical exclusion, environmental assessment or EIS)

    F-NEPA · Lead federal agency

    Applicability
    Conditional
    Instrument
    National Environmental Policy Act (42 U.S.C. 4321 et seq.); 40 CFR Parts 1500-1508 as of the cut-off
    Trigger
    Federal nexus.
    Description

    Environmental review of major federal actions, such as federal land use, funding, loans or individual federal permits.

    Typical timeline

    Environmental assessment: one year, measured from the agency decision to prepare it; environmental impact statement: 2 years, unless a senior agency official of the lead agency approves a longer period in writing (40 CFR 1501.10(b)). Typical: 1 to 3 months for a categorical exclusion (basis: practice, not stated in the sources).

    Version of the law on the cut-off
    CEQ regulations as amended effective 2022-05-20
    As of the cut-off

    As of the cut-off: CEQ's revised NEPA regulations (40 CFR Parts 1500-1508; 85 FR 43374) apply to NEPA processes begun after this date. (2020-09-14) CEQ published amendments to those regulations (87 FR 23453), effective 2022-05-20. (2022-04-20) Fiscal Responsibility Act amended NEPA. (2023-06-03)

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

    Legal basis: 3 quotes from dated law

    Quoted from the law, page 1
    Approval of specific projects, such as construction or management activities located in a defined geographic area. Projects include actions approved by permit or other regulatory decision as well as Federal and federally assisted activities.

    Source 40CFR1508 · page 1 · version 2023-08-01

    Cited for trigger: major Federal action (federal permit or assistance)

    In force from 2022-05-20 to 2024-06-30

    eCFR versioner: 40 CFR part 1508, same text on 2023-04-22, 2023-08-01 and on every amendment date between them; amendment dates 2016-12-27, 2020-09-14, 2022-04-20, 2022-05-20, 2024-07-01, 2025-04-11

    May be cited on the cut-off date.

    Quoted from the law, page 1
    (1) Normally does not have significant effects and is categorically excluded (§ 1501.4); (2) Is not likely to have significant effects or the significance of the effects is unknown and is therefore appropriate for an environmental assessment (§ 1501.5); or (3) Is likely to have significant effects and is therefore appropriate for an environmental impact statement

    Source 40CFR1501 · page 1 · version 2023-08-01

    Cited for requirement: level of review (CE, EA, EIS)

    In force from 2020-09-14 to 2024-06-30

    eCFR versioner: 40 CFR part 1501, same text on 2021-10-15, 2022-05-20, 2022-09-12, 2023-04-22, 2023-08-01 and on every amendment date between them; amendment dates 2016-12-27, 2020-09-14, 2024-07-01, 2025-04-11

    May be cited on the cut-off date.

    Quoted from the law, page 1
    One year is measured from the date of agency decision to prepare an environmental assessment to the publication of an environmental assessment or a finding of no significant impact. (2) Environmental impact statements within 2 years unless a senior agency official of the lead agency approves a longer period in writing and establishes a new time limit.

    Source 40CFR1501 · page 1 · version 2023-08-01

    Cited for timeline: EA and EIS time limits

    In force from 2020-09-14 to 2024-06-30

    eCFR versioner: 40 CFR part 1501, same text on 2021-10-15, 2022-05-20, 2022-09-12, 2023-04-22, 2023-08-01 and on every amendment date between them; amendment dates 2016-12-27, 2020-09-14, 2024-07-01, 2025-04-11

    May be cited on the cut-off date.

  • Spill Prevention, Control and Countermeasure (SPCC) Plan

    F-SPCC · U.S. Environmental Protection Agency

    Applicability
    Conditional
    Instrument
    Oil Pollution Prevention, 40 CFR Part 112
    Trigger
    Substation and inverter transformers holding oil above the threshold.
    Description

    Required where aggregate aboveground oil storage capacity exceeds 1,320 gallons (counting containers of 55 gallons or more, including oil-filled transformers) and a discharge could reach navigable waters.

    Typical timeline

    For a facility that becomes operational after 10 November 2011, the Plan must be prepared and implemented before operations begin (40 CFR 112.3(a)(1)). Typical: 2 to 6 weeks to prepare the Plan once oil-filled equipment volumes are known (basis: practice, not stated in the sources).

    As of the cut-off

    As of the cut-off: A facility that becomes operational after this date must prepare and implement its SPCC Plan before it begins operations (40 CFR 112.3(a)(1)). (2011-11-10)

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

    Legal basis: 3 quotes from dated law

    Quoted from the law, page 1
    facility engaged in drilling, producing, gathering, storing, processing, refining, transferring, distributing, using, or consuming oil and oil products, which due to its location, could reasonably be expected to discharge oil in quantities that may be harmful, as described in part 110 of this chapter, into or upon the navigable waters of the United States

    Source 40CFR112 · page 1 · version 2023-08-01

    Cited for requirement and trigger

    In force from 2021-05-25 to 2026-10-07

    eCFR versioner: 40 CFR part 112, same text on 2021-10-15, 2022-05-20, 2022-09-12, 2023-04-22, 2023-08-01 and on every amendment date between them; amendment dates 2016-12-28, 2018-02-07, 2019-10-22, 2019-12-23, 2020-04-21, 2020-06-22, 2021-05-25

    May be cited on the cut-off date.

    Quoted from the law, page 1
    The aggregate aboveground storage capacity of the facility is 1,320 U.S. gallons or less of oil. For the purposes of this exemption, only containers with a capacity of 55 U.S. gallons or greater are counted.

    Source 40CFR112 · page 1 · version 2023-08-01

    Cited for trigger: 1,320 gallon threshold

    In force from 2021-05-25 to 2026-10-07

    eCFR versioner: 40 CFR part 112, same text on 2021-10-15, 2022-05-20, 2022-09-12, 2023-04-22, 2023-08-01 and on every amendment date between them; amendment dates 2016-12-28, 2018-02-07, 2019-10-22, 2019-12-23, 2020-04-21, 2020-06-22, 2021-05-25

    May be cited on the cut-off date.

    Quoted from the law, page 1
    If such a facility (excluding oil production facilities) becomes operational after November 10, 2011, and could reasonably be expected to have a discharge as described in § 112.1(b), you must prepare and implement a Plan before you begin operations.

    Source 40CFR112 · page 1 · version 2023-08-01

    Cited for timeline: Plan before operations

    In force from 2021-05-25 to 2026-10-07

    eCFR versioner: 40 CFR part 112, same text on 2021-10-15, 2022-05-20, 2022-09-12, 2023-04-22, 2023-08-01 and on every amendment date between them; amendment dates 2016-12-28, 2018-02-07, 2019-10-22, 2019-12-23, 2020-04-21, 2020-06-22, 2021-05-25

    May be cited on the cut-off date.

State (4)

  • OPSB-approved decommissioning plan (engineer-prepared, with cost estimate) and decommissioning performance bond for a large solar facility

    OH-DECOM · Ohio Power Siting Board (OPSB)

    Applicability
    Required
    Instrument
    ORC 4906.21, 4906.211, 4906.212, 4906.22, 4906.221 and 4906.222 (SB 52, effective 2021-10-11); OAC 4906-4-06(F)(5)
    Trigger
    Commencement of construction of a large solar facility under an OPSB certificate that is subject to SB 52.
    Description

    SB 52 requires decommissioning for 'utility facilities', which include large solar facilities. At least 60 days before construction begins, the applicant must submit a comprehensive decommissioning plan to the OPSB for review and approval. A registered engineer prepares it, listing the responsible parties, a schedule that ends within 12 months of the facility ceasing operation, and a full cost estimate recalculated every five years. Before construction begins the applicant must also post a performance bond, with the board as obligee, equal to that estimate; it is updated every five years, increased if costs rise and never reduced. The application must also describe the decommissioning plan and any financial arrangements (OAC 4906-4-06(F)(5)). The library holds detailed decommissioning and bond rules only for wind farms, none for solar. SB 52's Section 4 says a qualifying large solar facility in the PJM new services queue is not subject to the act's provisions; read on its words that would include these decommissioning sections, which the act enacted, but the sources in force do not address the point.

    Typical timeline

    Law: the plan is due at least 60 days before construction begins; the bond is posted before construction begins; the cost estimate and the bond are updated every five years; the schedule must finish within 12 months of the facility ceasing operation. The library gives no review period for the OPSB's approval of the plan. Practice estimate: have the engineer's plan and the bond arrangement ready during the certificate review so the 60-day deadline does not hold up the start of construction.

    Version of the law on the cut-off
    SB 52 as enacted (statute text only)
    As of the cut-off

    As of the cut-off: SB 52 took effect and enacted ORC 4906.21 to 4906.222. ORC 4906.21(A) refers to sections 4906.21 to 4906.232; the Legislative Service Commission's final analysis says 4906.232 is a technical error for 4906.222. (2021-10-11)

    Verification
    PACK_PENDING_QUALIFIED_REVIEW
    Source
    pack:oh.json
    In the permit matrix
    OH-DECOM

    Legal basis: 9 quotes from dated law

    Quoted from the law, page 26
    (2) "Material amendment" and "utility facility" have the same meanings as in section 303.57 of the Revised Code. (B) At least sixty days prior to the commencement of construction of a utility facility, the applicant shall submit a comprehensive decommissioning plan for review and approval by the power siting board.

    Source ORC 4906 Power Siting Board · page 26 · version 2023-08-01

    In force from 2021-10-11 to 2026-10-03, section 4906.21

    4906.21: version effective 2021-10-11, still the current version when the page map was checked (2026-10-03)

    May be cited on the cut-off date.

    Quoted from the law, page 2
    (D) "Utility facility" means an economically significant wind farm, a large wind farm, or a large solar facility.

    Source ORC 303.57 to 303.62 county restricted areas · page 2 · version 2023-08-01

    In force from 2021-10-11 to 2026-10-03, section 303.57

    303.57: version effective 2021-10-11, still the current version when the page map was checked (2026-10-03)

    May be cited on the cut-off date.

    Quoted from the law, page 42
    The decommissioning plan submitted to the power siting board under section 4906.21 of the Revised Code shall be prepared by a professional engineer registered with the state board of registration for professional engineers and surveyors.

    Source ORC 4906 Power Siting Board · page 42 · version 2023-08-01

    In force from 2021-10-11 to 2026-10-03, section 4906.211

    4906.211: version effective 2021-10-11, still the current version when the page map was checked (2026-10-03)

    May be cited on the cut-off date.

    Quoted from the law, page 42
    (B) The plan shall contain the following: (1) A list of all parties responsible for decommissioning;

    Source ORC 4906 Power Siting Board · page 42 · version 2023-08-01

    In force from 2021-10-11 to 2026-10-03, section 4906.211

    4906.211: version effective 2021-10-11, still the current version when the page map was checked (2026-10-03)

    May be cited on the cut-off date.

    Quoted from the law, page 42
    (2) A schedule of decommissioning activities, not to extend beyond twelve months from the date the utility facility ceases operation; (3) An estimate of the full costs of decommissioning the utility facility, including the proper disposal of all facility components and restoration of the land on which the facility is located to its pre- construction state.

    Source ORC 4906 Power Siting Board · page 42 · version 2023-08-01

    In force from 2021-10-11 to 2026-10-03, section 4906.211

    4906.211: version effective 2021-10-11, still the current version when the page map was checked (2026-10-03)

    May be cited on the cut-off date.

    Quoted from the law, page 28
    (A) Prior to beginning construction, the applicant shall post a performance bond to ensure that funds are available for the decommissioning of the facility. (B) The power siting board shall be the obligee of the bond.

    Source ORC 4906 Power Siting Board · page 28 · version 2023-08-01

    In force from 2021-10-11 to 2026-10-03, section 4906.22

    4906.22: version effective 2021-10-11, still the current version when the page map was checked (2026-10-03)

    May be cited on the cut-off date.

    Quoted from the law, page 14
    The performance bond must equal the estimate of the costs of decommissioning included in the decommissioning plan and must be updated every five years. If decommissioning costs are greater in the new estimate than they were in the preceding estimate, the performance bond must be increased proportionately. The performance bond can never decrease,

    Source SB 52 LSC Final Analysis · page 14 · version 2021-10-11

    May be cited on the cut-off date.

    Quoted from the law, page 12
    (5) The applicant shall describe the plan for decommissioning the proposed facility, including a discussion of any financial arrangements designed to assure the requisite financial resources.

    Source OAC 4906 4 OPSB generation facility applications · page 12 · version 2023-08-01

    In force from 2015-12-11 to 2024-05-29, section 4906-4-06

    4906-4-06: version effective 2015-12-11; first change after it 2024-05-30 (OPSB Case 21-902-GE-BRO (determination 2023-07-20); chapter 4906-4 restructured (formerly generation chapter merged with 5)), from codes.ohio.gov version history in archive captures (confirmed_two_sources)

    May be cited on the cut-off date.

    Quoted from the law, page 4
    States that applications for a certificate or material amendment to an existing certificate for a large solar facility are not subject to the act’s provisions if, as of October 11, 2021:

    Source SB 52 LSC Final Analysis · page 4 · version 2021-10-11

    May be cited on the cut-off date.

  • ODNR construction permit for a dam, including a stormwater pond embankment, above the statutory exemption thresholds

    OH-DAM · Ohio Department of Natural Resources (ODNR), Division of Water Resources

    Applicability
    Conditional
    Instrument
    ORC 1521.06 and 1521.062; OAC Chapter 1501:21 (dam safety rules)
    Trigger
    A pond embankment, such as a stormwater basin, or other dam that is not exempt by size: ten feet or higher storing more than 15 acre-feet, or over six feet high storing more than 50 acre-feet.
    Description

    No dam may be built to store, conserve or retard water, or for any other purpose, without a construction permit. A permit is not required for a dam under ten feet high that stores 50 acre-feet or less, for a dam of 15 acre-feet or less, or for a dam six feet or less in height, as the chief determines; in effect, a permit is needed for a dam ten feet or higher that stores more than 15 acre-feet, or one over six feet high that stores more than 50 acre-feet. Ohio's Rainwater and Land Development manual says ponds with dams are regulated under the dam safety rules (Chapter 1501:21). The application needs engineer-prepared plans with a cost estimate, a filing fee and a bond; an engineer inspects the construction, and dams are later inspected periodically.

    Typical timeline

    The chief issues or denies the construction permit within 30 days of receiving the application, fee and bond or other security; dams are then inspected at intervals set by the chief that do not exceed five years.

    Version of the law on the cut-off
    As in force from 2023-08-01 (the library text)
    Verification
    PACK_PENDING_QUALIFIED_REVIEW
    Source
    pack:oh.json
    In the permit matrix
    OH-DAM

    Legal basis: 8 quotes from dated law

    Quoted from the law, page 1
    No dam may be constructed for the purpose of storing, conserving, or retarding water, or for any other purpose, nor shall any levee be constructed for the purpose of diverting or retaining flood water, unless the person or governmental agency desiring the construction has a construction permit for the dam or levee

    Source ORC 1521.06 1521.062 dams · page 1 · version 2023-08-01

    In force from 2021-09-30 to 2026-10-03, section 1521.06

    1521.06: version effective 2021-09-30, still the current version when the page map was checked (2026-10-03)

    May be cited on the cut-off date.

    Quoted from the law, page 1
    (1) A dam that is or will be less than ten feet in height and that has or will have a storage capacity of not more than fifty acre-feet at the elevation of the top of the dam, as determined by the chief.

    Source ORC 1521.06 1521.062 dams · page 1 · version 2023-08-01

    In force from 2021-09-30 to 2026-10-03, section 1521.06

    1521.06: version effective 2021-09-30, still the current version when the page map was checked (2026-10-03)

    May be cited on the cut-off date.

    Quoted from the law, page 1
    (2) A dam, regardless of height, that has or will have a storage capacity of not more than fifteen acre- feet at the elevation of the top of the dam, as determined by the chief; (3) A dam, regardless of storage capacity, that is or will be six feet or less in height, as determined by the chief;

    Source ORC 1521.06 1521.062 dams · page 1 · version 2023-08-01

    In force from 2021-09-30 to 2026-10-03, section 1521.06

    1521.06: version effective 2021-09-30, still the current version when the page map was checked (2026-10-03)

    May be cited on the cut-off date.

    Quoted from the law, page 2
    including a detailed cost estimate, for the proposed construction, prepared by a registered professional engineer, together with any filing fee specified by rules adopted by the chief in accordance with division (I) of this section and the bond or other security required by section 1521.061 of the Revised Code, shall be filed with the chief.

    Source ORC 1521.06 1521.062 dams · page 2 · version 2023-08-01

    In force from 2021-09-30 to 2026-10-03, section 1521.06

    1521.06: version effective 2021-09-30, still the current version when the page map was checked (2026-10-03)

    May be cited on the cut-off date.

    Quoted from the law, page 2
    The chief shall, within thirty days from the date of the receipt of the application, fee, and bond or other security, issue or deny a construction permit for the construction or may issue a construction permit conditioned upon the making of such changes in the plans and specifications for the construction as the chief considers advisable

    Source ORC 1521.06 1521.062 dams · page 2 · version 2023-08-01

    In force from 2021-09-30 to 2026-10-03, section 1521.06

    1521.06: version effective 2021-09-30, still the current version when the page map was checked (2026-10-03)

    May be cited on the cut-off date.

    Quoted from the law, page 3
    (E) A registered professional engineer shall inspect the construction for which the permit was issued during all phases of construction and shall furnish to the chief such regular reports of the engineer's inspections as the chief may require.

    Source ORC 1521.06 1521.062 dams · page 3 · version 2023-08-01

    In force from 2021-09-30 to 2026-10-03, section 1521.06

    1521.06: version effective 2021-09-30, still the current version when the page map was checked (2026-10-03)

    May be cited on the cut-off date.

    Quoted from the law, page 6
    (C) Intervals between periodic inspections shall be determined by the chief, but shall not exceed five years.

    Source ORC 1521.06 1521.062 dams · page 6 · version 2023-08-01

    In force from 2019-10-17 to 2026-10-03, section 1521.062

    1521.062: version effective 2019-10-17, still the current version when the page map was checked (2026-10-03)

    May be cited on the cut-off date.

    Quoted from the law, page 77
    Ponds with dams are regulated under the Ohio Revised Code 1501: 21 Dam Safety Administrative Rules. A dam is exempt from the state’s authority (ORC Section 1521.062) if it is 6 feet or less in height regardless of total storage; less than 10 feet in height with not more than 50 acre-feet of storage,

    Source Rainwater and Land Development manual chapters in force · page 77 · version 2023-08-01

    May be cited on the cut-off date.

  • Ohio Fire Code construction permits for solar photovoltaic power systems and stationary storage battery systems, and the Section 608 battery requirements

    OH-FIRE · Local fire code official (construction permits); State Fire Marshal (state fire code rules)

    Applicability
    Conditional
    Instrument
    ORC 3737.82; OAC 1301:7-7-01 (Ohio Fire Code rules 105.7.2 and 105.7.15, effective 2019-01-05); OAC 1301:7-7-06 (Section 608, effective 2017-12-15); ORC 4906.13
    Trigger
    Installing or modifying a solar photovoltaic power system, or installing a stationary storage battery system above the rule's capacity thresholds, in a jurisdiction whose fire code official issues construction permits and where the requirement reaches the facility.
    Description

    The Ohio Fire Code, adopted by the State Fire Marshal, lists a construction permit for solar photovoltaic power systems (rule 105.7.15) and a permit for stationary storage battery systems above 50 gallons of liquid capacity (105.7.2); Section 608 sets requirements for large battery systems used for standby, emergency or uninterruptible power. The local fire code official may, but need not, run a permit program. Whether these permits reach a facility certificated by the Power Siting Board is a legal question. ORC 4906.13 bars any public agency or political subdivision from requiring an approval or permit for such a facility, while preserving state laws protecting construction employees and municipal regulations that do not pertain to its location, design or pollution control, and the Fire Code exempts structures and premises under the Board's exclusive jurisdiction to the extent of that exclusivity. How the liquid-capacity trigger applies to lithium-ion systems is also unclear.

    Typical timeline
    The pack gives no timeline.
    Verification
    PACK_PENDING_QUALIFIED_REVIEW
    Source
    pack:oh.json
    In the permit matrix
    OH-FIRE

    Legal basis: 8 quotes from dated law

    Quoted from the law, page 26
    105.7.2 Battery systems. A permit to install stationary storage battery systems having a liquid capacity of more than 50 gallons (189 L).

    Source OAC 1301 7 7 01 05 06 Ohio Fire Code as in force · page 26 · version 2023-08-01

    In force from 2019-01-05 to 2025-11-19, section 1301:7-7-01

    1301:7-7-01: version effective 2019-01-05; first change after it 2025-11-20 (Ohio Fire Code 2025 revision by Ohio Dept of Commerce, Division of State Fire Marshal (rules 1301:7-7-01 to -80); filing number not retrieved), from codes.ohio.gov version history in archive captures (one_source)

    May be cited on the cut-off date.

    Quoted from the law, page 28
    105.7.15 Solar photovoltaic power systems. A construction permit to install or modify solar photovoltaic power systems. Maintenance performed in accordance with the state fire code is not considered to be a modification and does not require a permit.

    Source OAC 1301 7 7 01 05 06 Ohio Fire Code as in force · page 28 · version 2023-08-01

    In force from 2019-01-05 to 2025-11-19, section 1301:7-7-01

    1301:7-7-01: version effective 2019-01-05; first change after it 2025-11-20 (Ohio Fire Code 2025 revision by Ohio Dept of Commerce, Division of State Fire Marshal (rules 1301:7-7-01 to -80); filing number not retrieved), from codes.ohio.gov version history in archive captures (one_source)

    May be cited on the cut-off date.

    Quoted from the law, page 14
    105.1.1.2 Discretionary permits. The local fire code official is authorized, but not required, to establish a permit program and issue a permit for the hazardous activities set forth in paragraphs (E)(6)(105.6) and (E)(7)(105.7) of this rule.

    Source OAC 1301 7 7 01 05 06 Ohio Fire Code as in force · page 14 · version 2023-08-01

    In force from 2019-01-05 to 2025-11-19, section 1301:7-7-01

    1301:7-7-01: version effective 2019-01-05; first change after it 2025-11-20 (Ohio Fire Code 2025 revision by Ohio Dept of Commerce, Division of State Fire Marshal (rules 1301:7-7-01 to -80); filing number not retrieved), from codes.ohio.gov version history in archive captures (one_source)

    May be cited on the cut-off date.

    Quoted from the law, page 104
    Stationary storage battery systems having an electrolyte capacity of more than 50 gallons (189 L) for flooded lead acid, nickel cadmium (Ni-Cd) and valve-regulated lead acid (VRLA), or more than 1,000 pounds (454 kg) for lithium-ion and lithium metal polymer, used for facility standby power, emergency power or uninterruptible power supplies shall comply

    Source OAC 1301 7 7 01 05 06 Ohio Fire Code as in force · page 104 · version 2023-08-01

    In force from 2017-12-15 to 2025-11-19, section 1301:7-7-06

    1301:7-7-06: version effective 2017-12-15; first change after it 2025-11-20 (Ohio Fire Code 2025 revision, Division of State Fire Marshal; filing number not retrieved), from codes.ohio.gov version history in archive captures (confirmed_two_sources)

    May be cited on the cut-off date.

    Quoted from the law, page 2
    8. Structures and premises subject to the exclusive jurisdiction of the power siting board as established in the Revised Code or in administrative rules promulgated by the power siting board, to the extent of such exclusivity.

    Source OAC 1301 7 7 01 05 06 Ohio Fire Code as in force · page 2 · version 2023-08-01

    In force from 2019-01-05 to 2025-11-19, section 1301:7-7-01

    1301:7-7-01: version effective 2019-01-05; first change after it 2025-11-20 (Ohio Fire Code 2025 revision by Ohio Dept of Commerce, Division of State Fire Marshal (rules 1301:7-7-01 to -80); filing number not retrieved), from codes.ohio.gov version history in archive captures (one_source)

    May be cited on the cut-off date.

    Quoted from the law, page 20
    No public agency or political subdivision of this state may require any approval, consent, permit, certificate, or other condition for the construction or operation of a major utility facility or economically significant wind farm authorized by a certificate issued pursuant to Chapter 4906. of the Revised Code.

    Source ORC 4906 Power Siting Board · page 20 · version 2023-08-01

    In force from 2019-10-22 to 2026-10-03, section 4906.13

    4906.13: version effective 2019-10-22, still the current version when the page map was checked (2026-10-03)

    May be cited on the cut-off date.

    Quoted from the law, page 20
    Nothing herein shall prevent the application of state laws for the protection of employees engaged in the construction of such facility or wind farm nor of municipal regulations that do not pertain to the location or design of, or pollution control and abatement standards for, a major utility facility

    Source ORC 4906 Power Siting Board · page 20 · version 2023-08-01

    In force from 2019-10-22 to 2026-10-03, section 4906.13

    4906.13: version effective 2019-10-22, still the current version when the page map was checked (2026-10-03)

    May be cited on the cut-off date.

    Quoted from the law, page 1
    The fire marshal shall adopt a state fire code which shall consist of rules relating to all aspects of fire safety. The rules shall be the minimum standards for safeguarding life and property from fire and explosion

    Source ORC 3781.06 3781.061 3737.82 building fire code scope · page 1 · version 2023-08-01

    In force from 1986-09-17 to 2026-10-03, section 3737.82

    3737.82: version effective 1986-09-17, still the current version when the page map was checked (2026-10-03)

    May be cited on the cut-off date.

  • Ohio Building Code plan approval for project buildings (operation and maintenance building, control houses), subject to the Code's exclusion for structures directly related to operating a Power Siting Board-regulated generating plant

    OH-BLDG · Certified municipal, township or county building department with jurisdiction; Ohio Board of Building Standards (rules); Ohio Power Siting Board (OPSB) (may condition its approval on a building department review)

    Applicability
    Likely
    Instrument
    ORC 3781.06; OAC 4101:1-1-01 (Ohio Building Code, Chapter 1, effective 2018-08-01); OAC 4101:1-31-01 (Section 3111, effective 2017-11-01)
    Trigger
    Construction of a building or structure within the OBC's scope, including a project building that is not a structure directly related to operating a Power Siting Board-regulated generating plant.
    Description

    ORC 3781.06 requires buildings to be safe and sanitary and defines a building as any structure with foundations, walls, columns, girders, beams, floors and roof, or a combination of those parts. The Ohio Building Code (OBC) applies to every building or structure, with exceptions. Exception 11 excludes structures on the premises of, and directly related to the operation of, a generating plant that is a major utility facility regulated by the Power Siting Board; as a condition of the Board's approval the building department may be asked to review and inspect them but has no enforcement authority. The text does not say whether an operation and maintenance building or control house is "directly related to the operation". A building within the OBC needs construction documents approved by the building department. OBC Section 3111 requires photovoltaic panels and modules to comply with the OBC and the fire code.

    Typical timeline

    Failure to approve plans within thirty days after filing, or disapproval, is an adjudication order denying a license, which carries the opportunity for an adjudication hearing (OBC 107.2.1).

    Version of the law on the cut-off
    ORC 3781.06 as effective 2022-09-23 (the library text)
    Verification
    PACK_PENDING_QUALIFIED_REVIEW
    Source
    pack:oh.json
    In the permit matrix
    OH-BLDG

    Legal basis: 8 quotes from dated law

    Quoted from the law, page 2
    Any building that may be used as a place of resort, assembly, education, entertainment, lodging, dwelling, trade, manufacture, repair, storage, traffic, or occupancy by the public, any residential building, and all other buildings or parts and appurtenances of those buildings erected within this state, shall be so constructed, erected, equipped, and maintained that they shall be safe and sanitary

    Source ORC 3781.06 3781.061 3737.82 building fire code scope · page 2 · version 2023-08-01

    In force from 2022-09-23 to 2023-10-02, section 3781.06

    3781.06: version effective 2022-09-23; first change after it 2023-10-03 (Am. Sub. H.B. 33, 135th GA (operating budget; signed 2023-07-04)), from codes.ohio.gov version history in archive captures (confirmed_two_sources)

    May be cited on the cut-off date.

    Quoted from the law, page 3
    "Building" means any structure consisting of foundations, walls, columns, girders, beams, floors, and roof, or a combination of any number of these parts, with or without other parts or appurtenances.

    Source ORC 3781.06 3781.061 3737.82 building fire code scope · page 3 · version 2023-08-01

    In force from 2022-09-23 to 2023-10-02, section 3781.06

    3781.06: version effective 2022-09-23; first change after it 2023-10-03 (Am. Sub. H.B. 33, 135th GA (operating budget; signed 2023-07-04)), from codes.ohio.gov version history in archive captures (confirmed_two_sources)

    May be cited on the cut-off date.

    Quoted from the law, page 1
    The provisions of the “Ohio Building Code”, the “Ohio Mechanical Code”, and the “Ohio Plumbing Code” shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures.

    Source OAC 4101 1 OBC chapters 1 3 16 27 31 as in force · page 1 · version 2023-08-01

    In force from 2018-08-01 to 2024-02-29, section 4101:1-1-01

    4101:1-1-01: version effective 2018-08-01; first change after it 2024-03-01 (2024 Ohio Building Code update by Board of Building Standards (Ohio Adm. Code Chapters 4101:1-1 to 4101:1-35); filing number not retrieved), from codes.ohio.gov version history in archive captures (confirmed_two_sources)

    May be cited on the cut-off date.

    Quoted from the law, page 3
    Structures on the premises of and directly related to the operation of a generating plant defined as a major utility facility regulated by the power siting board, including the structures associated with generation, transmission, and distribution.

    Source OAC 4101 1 OBC chapters 1 3 16 27 31 as in force · page 3 · version 2023-08-01

    In force from 2018-08-01 to 2024-02-29, section 4101:1-1-01

    4101:1-1-01: version effective 2018-08-01; first change after it 2024-03-01 (2024 Ohio Building Code update by Board of Building Standards (Ohio Adm. Code Chapters 4101:1-1 to 4101:1-35); filing number not retrieved), from codes.ohio.gov version history in archive captures (confirmed_two_sources)

    May be cited on the cut-off date.

    Quoted from the law, page 11
    As a condition of the power siting board’s approval, the building department may be requested to review and inspect these structures for compliance with the rules of the board of building standards. However, the building department has no enforcement authority.

    Source OAC 4101 1 OBC chapters 1 3 16 27 31 as in force · page 11 · version 2023-08-01

    In force from 2018-08-01 to 2024-02-29, section 4101:1-1-01

    4101:1-1-01: version effective 2018-08-01; first change after it 2024-03-01 (2024 Ohio Building Code update by Board of Building Standards (Ohio Adm. Code Chapters 4101:1-1 to 4101:1-35); filing number not retrieved), from codes.ohio.gov version history in archive captures (confirmed_two_sources)

    May be cited on the cut-off date.

    Quoted from the law, page 29
    construction documents relating to the work and equipment under consideration shall be prepared in conformity with section 106 and be submitted to the building department for examination and approval.

    Source OAC 4101 1 OBC chapters 1 3 16 27 31 as in force · page 29 · version 2023-08-01

    In force from 2018-08-01 to 2024-02-29, section 4101:1-1-01

    4101:1-1-01: version effective 2018-08-01; first change after it 2024-03-01 (2024 Ohio Building Code update by Board of Building Standards (Ohio Adm. Code Chapters 4101:1-1 to 4101:1-35); filing number not retrieved), from codes.ohio.gov version history in archive captures (confirmed_two_sources)

    May be cited on the cut-off date.

    Quoted from the law, page 30
    The approval of plans under this section is a “license” and the failure to approve such plans as submitted within thirty days after filing or the disapproval of such plans is an “adjudication order denying the issuance of a license” requiring the opportunity for an “adjudication hearing”

    Source OAC 4101 1 OBC chapters 1 3 16 27 31 as in force · page 30 · version 2023-08-01

    In force from 2018-08-01 to 2024-02-29, section 4101:1-1-01

    4101:1-1-01: version effective 2018-08-01; first change after it 2024-03-01 (2024 Ohio Building Code update by Board of Building Standards (Ohio Adm. Code Chapters 4101:1-1 to 4101:1-35); filing number not retrieved), from codes.ohio.gov version history in archive captures (confirmed_two_sources)

    May be cited on the cut-off date.

    Quoted from the law, page 188
    SECTION 3111 PHOTOVOLTAIC PANELS AND MODULES 3111.1 General. Photovoltaic panels and modules shall comply with the requirements of this code and the fire code. 3111.1.1 Rooftop-mounted photovoltaic panels and modules. Photovoltaic panels and modules installed on a roof or as an integral part of a roof assembly shall comply with the requirements of Chapter 15 and the fire code.

    Source OAC 4101 1 OBC chapters 1 3 16 27 31 as in force · page 188 · version 2023-08-01

    In force from 2017-11-01 to 2024-02-29, section 4101:1-31-01

    4101:1-31-01: version effective 2017-11-01; first change after it 2024-03-01 (2024 Ohio Building Code update, Board of Building Standards; filing number not retrieved), from codes.ohio.gov version history in archive captures (confirmed_two_sources)

    May be cited on the cut-off date.

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 (1)

  • IR-09b3f986d4 · Medium priority

    Provide the evidence of federal land, funding or permits for the project area, or confirm none exists.

    Missing evidence
    Evidence of federal land, funding or permits
    Consequence
    Other is rated on partial evidence without it.
    Blocks the decision
    No
    Raised by
    completeness

5Next steps and agencies

Next steps

  • Confirm SPCC applicability, including discharge-to-navigable-waters trigger, and prepare the plan.
  • Obtain the Calder Gathering crossing agreement and confirm clearances.
  • Request a preliminary jurisdictional determination, confirm NWP 14 eligibility, and confirm how OPSB process coordinates USACE and Section 106 steps.

Agencies

  • USEPA
  • USACE
  • Calder Gathering Company

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 2023-08-01.

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
2023-08-01
Engine version
2.11.0
Prompt version
2026-11-08.1
Rows pack
rows.json sha256 a018ecd7e4703bc1
Federal pack
federal.json sha256 8841c555ff35d20b
State pack
oh.json sha256 d4780705e1f18d09
Local pack
oh_carroll_county.json sha256 905cd3308848e7e8
Data room manifest
0c7e80d0ad17d1e3ed4060b9702e5b1905060ae2896e9aad796a57b590005832
Audit chain
valid (19 events)
QA status
PASS_WITH_WARNINGS
Rendered at
2026-11-10T15:42:40+00:00
Run record (annex)
66fca2c4c0bfa90df1e8efb79c0d2f426536b41f50a6a9b6869dd85e4554fd50
Legal source index
6974703924a38a8e90717222e31e444b8e540aca9b6cec809ad4ddc5b0691ca9
Exporter
Prism/room/exporter 1.4.0

Prism desk report · engine 2.11.0 · prompts 2026-11-08.1 · information cut-off 2023-08-01

Lumerian Labs 2026