23 CAR § 469-202. Permit application and requirements

(a)(1) A permit application shall be submitted in accordance with this part and the Rules of Practice and Procedure, 23 CAR pt. 462. (2) To the extent applicable, an application may also simultaneously address the requirements under the Utility Facility Environmental and Economic Protection Act, Arkansas Code § 23-18-501 et seq., or Arkansas Code § 23-3-201 et seq. (b) Each permit application shall include: (1) The applicant’s exact name as registered with the Secretary of State, physical and mailing addresses, phone number, email address, and company website address; (2)(A) Unless already on file with the Arkansas Public Service Commission, a copy of the articles of partnership or a certified copy of the Articles of Incorporation or other articles of organization. (B) A copy of the Certificate of Authority of a Foreign Corporation shall be included unless incorporated under Arkansas law; (3) A copy of the written determination of no hazard by the Federal Aviation Administration pursuant to Arkansas Code § 23-18-1407; (4) A copy of the development and management plan pursuant to Arkansas Code § 23-18-1407; (5) Information demonstrating that the insurance requirements of Arkansas Code § 23-18-1409 have been or will be met before commencement of construction; (6) Information demonstrating that the financial security requirements of Arkansas Code § 23-18-1408 have been or will be met before commencement of construction; (7) A demonstration that the construction, operation, or redevelopment of a proposed wind energy facility or wind energy facility expansion will meet the minimum requirements established in Arkansas Code § 23-18-1406 and Subpart 3 of this part; (8) A copy of the environmental impact assessment conducted pursuant to Arkansas Code § 23-18-1406; (9) Information demonstrating that the acoustics requirements of Arkansas Code § 23-18-1406 have been or will be met before commencement of construction; (10) Copies of all covenants, easements, or similar documentation from the abutting landowners providing access to wind sufficient for the adequate operation of the proposed wind energy facility or wind energy facility expansion, unless adequate accessibility to the wind is provided on the site; and (11) Information demonstrating that the applicant has submitted the information required under Arkansas Code § 23-18-1404(f) to the Oil and Gas Commission and has obtained approval or conditional approval from the Oil and Gas Commission under Arkansas Code § 23-18-1404(f), if applicable. (c) Each permit application shall be accompanied by proof of service by certified mail of a copy of the application on: (1) A person listed in Arkansas Code § 23-18-513; (2) The Department of Parks, Heritage, and Tourism; (3) The circuit clerk of each county in which the proposed wind energy facility or wind energy facility expansion will be located; (4) Any landowner and residents located within four (4) miles of the proposed location of the wind energy facility or wind energy facility expansion; (5) All public libraries in each county in which the proposed wind energy facility or wind energy facility expansion is to be or may be located; and (6) All operators or lessees of oil and gas leases in the locations described in Arkansas Code § 23-18-1405(e), if applicable. (d) Each permit application shall be accompanied by payment of an initial filing fee of two thousand five hundred dollars ($2,500). (e) After a permit has been granted by the Arkansas Public Service Commission, but at least thirty (30) days before the applicant has commenced construction of the wind energy facility or wind energy facility expansion, the applicant shall file in the same docket in which it received its permit the following documents: (1) A copy of the insurance policy pursuant to Arkansas Code § 23-18-1409(a); (2) A cost estimate for the decommissioning and removal of the wind energy facility or wind energy facility expansion and a copy of financial security pursuant Arkansas Code § 23-18-1408(b); and (3) A copy of the acoustics expert report pursuant to Arkansas Code § 23-18-1406(c). (f)(1) Once the Arkansas Public Service Commission has granted a permit to an applicant, the agency shall have the right to suspend or revoke the permit for noncompliance with the Arkansas Wind Energy Development Act, Arkansas Code § 23-18-1401 et seq., this part, and any other requirements contained with the permit. (2) If the applicant seeks to restore its permit, the applicant shall file a renewal application that complies with subsections (b), (c), and (d) of this section.