KRS 278.708: Site assessment report -- Consultant -- Mitigation measures.

(1) 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).

(2) A site assessment report shall be prepared by the applicant or its designee.

(3) 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.

(4) The site assessment report shall also suggest any miti gating measures to be

implemented by the applicant to minimize or avoid adverse effects identified in the

site assessment report.

(5) The board shall have the authority to hire a consultant to review the site assessment

report and provide recommendations c oncerning 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.

(6) 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. Ongoing compliance with

any mitigation measures that were conditions of construction certificate application

approval shall be enforced by the Energy and Environment Cabinet pursuant to

KRS 278.710(9).