HomeMy WebLinkAboutSP202100001 Staff Report 2021-06-16COUNTY OF ALBEMARLE
TRANSMITTAL TO THE BOARD OF SUPERVISORS
SUMMARY OF PLANNING COMMISSION ACTION
AGENDA TITLE: SP202100001 Midway Solar
SUBJECT/PROPOSAUREQUEST: Solar -energy
electrical generation facility including an
approximately 8 megawatt photovoltaic system and
4 megawatt battery energy storage system
occupying approximately 80 acres.
SCHOOL DISTRICT: Brownsville, Henley,
Western Albemarle
AGENDA DATE: June 16, 2021
STAFF CONTACT(S): Richardson, Walker,
Kamptner, Rapp, Herrick, Fritz
PRESENTER (S):
Bill Fritz
BACKGROUND:
At its meeting on April 20, 2021, the Planning Commission voted 6:0 to recommend approval of
SP202100001 Midway Solar. The Planning Commission included in the recommendation for approval
that the applicant make every effort to avoid removal or disturbance of prime agricultural soils. The
Planning Commission stated concerns about significant grading on prime agricultural soils.
DISCUSSION:
The applicant has provided additional information (which staff has adapted as Attachment E) showing the
extent of grading and the approximate elevation change due to cut or fill. Approximately 33% of the site
is prime soils. Solar panels are proposed on approximately 40% of the prime soils. Of the prime soils to
be disturbed by the solar panels, approximately 10% would require significant grading (a change in
elevation of greater than 7 feet) and 20% would require minimal grading (a change in elevation of less
than 1 foot). The grading would provide a gentle slope to allow for tracking devices on the panels and to
prevent shading. No retaining walls or other abrupt grade changes are shown.
Staff opinion is that the grading proposed does minimize the disturbance of prime soils to the extent
possible. Further, the disturbance that does occur is not the type of terra -forming that is discouraged by
the County.
Following the Planning Commission's public hearing, the County Attorney's Office suggested non -
substantive revisions to the proposed conditions of approval. Those revised conditions are incorporated
in the attached Resolution (Attachment F).
RECOMMENDATIONS:
Staff recommends that the Board adopt the attached Resolution (Attachment F) to approve SP202100001
Midway Solar, with conditions.
ATTACHMENTS:
A — Planning Commission staff report
B — Planning Commission action letter
C — Planning Commission minutes
D — Public comment presented at the Planning Commission meeting
E — Grading Information
F — Proposed Resolution for approval
STAFF REPORT SUMMARY
Project Name: SP202100001 Midway Solar
Staff: William D. Fritz, AICP
Planning Commission Public Hearing: April 20,
Board of Supervisors Hearing: June 16, 2021
2021
Owner(s): Central Virginia Electric Cooperative
Applicant(s): Sun Tribe Development
Acreage: 136 acres
By -right use: RA, Rural Areas - agricultural,
forestal, and fishery uses; residential density (0.5
unit/acre in development lots)
TMP: 08500-00-00-017BO
Special Use Permit for: Solar Energy System
Location: The proposed project is located on the
west side of Craigs Store Road (Route 635)
approximately 1 1/2 miles south of Batesville.
Magisterial District: Samuel Miller
Proffers/Conditions: Yes
School District: Brownsville, Henley, Western
DA - RA - X
Albemarle
Requested # of Dwelling Units/Lots: NA
Comp. Plan Designation: Rural Area —
preserve and protect agricultural, forestal, open
space, and natural, historic and scenic
resources; residential (0.5 unit/ acre in
development lots)
Proposal: Solar -energy electrical generation facility
Use of Surrounding Properties: The
including an approximately 8 megawatt
surrounding area is primarily wooded with some
photovoltaic system and 4 megawatt battery energy
pasture and dwellings. The properties
storage system occupying approximately 80 acres.
immediately to the south are developed with
dwellings and are largely open. Adjacent
property to the north, northwest and south are in
the Batesville Agricultural Forestal District.
Character of Property: The property is a mixture of planted pine and pasture. The Mechums River
forms the northern/western border. A high voltage power line crosses the property.
Factors Favorable:
Factors Unfavorable:
1. Provides a source of renewable power
1. Proposes a large impervious area within the
generation.
watershed of the South Fork Rivanna
2. In compliance with the Comprehensive Plan
Reservoir.
3. Site can be returned to by -right use.
2. Will have some visual impacts for a number
of years until screening trees grow.
Recommendation: Staff recommends approval of SP202100001 Midway Solar with conditions.
SP202100001 Midway Solar
Planning Commission, April 20, 2021
Page 1
STAFF CONTACT: William D. Fritz, AICP
PLANNING COMMISSION: April 20, 2021
BOARD OF SUPERVISORS: June 16, 2021
PETITION:
PROJECT: SP202100001 Midway Solar
MAGISTERIAL DISTRICT: Samuel Miller
TAX MAP/PARCEL: 08500-00-00-017B0
LOCATION: The proposed project is located on the west side of Craigs Store Road (Route 635)
approximately 1 1/2 miles south of Batesville.
PROPOSAL: Solar -energy electrical generation facility including an approximately 8 megawatt
photovoltaic system and 4 megawatt battery energy storage system occupying approximately 80
acres.
PETITION: Solar energy system allowed by special use permit under section 10.2.2.58 of the Zoning
Ordinance on a 136-acre parcel. No new dwelling units proposed.
OVERLAY DISTRICT: Flood Hazard Overlay District
PROFFERS: None
COMPREHENSIVE PLAN: Rural Area — preserve and protect agricultural, forestal, open space, and
natural, historic and scenic resources; residential (0.5 unit/ acre in development lots)
CHARACTER OF THE AREA:
The surrounding area is primarily wooded with some pasture and dwellings. The properties
immediately to the south are developed with dwellings and are largely open. Adjacent property to the
north, northwest and south are in the Batesville Agricultural Forestal District. The Batesville Historic
District is located approximately 0.5 miles to the northeast. Attachment A contains mapping of the
area.
PLANNING AND ZONING HISTORY:
No Planning and Zoning history is available. This parcel was previously in the Batesville Agricultural
District but was removed from the district at the request of the property owner on December 16, 2020
DETAILS OF THE PROPOSAL:
The applicant has proposed a solar -energy electrical generation facility including an approximately 8
megawatt photovoltaic system and 4 megawatt battery energy storage system occupying
approximately 80 acres. Attachment B contains the narrative submitted by the applicant. Attachment
C is a concept plan of the proposed project. All of the information submitted by the applicant is
available in the CountyView system that may be accessed on the County's website or by clicking
HERE.
COMMUNITY MEETING:
A virtual community meeting was held on February 23, 2021. There were a total of 37 attendees.
Comments received included: concerns about lighting, statements in support of grazing opportunities
on the site, providing public trail access along the Mechums River, visual impacts, property value
impacts, decommissioning and recycling of decommissioned materials and construction access. A
recording of the community meeting may be found on the County Calendar for February 23, 2021 or
by clicking HERE.
ANALYSIS OF THE SPECIAL USE PERMIT REQUEST
This special use permit, and all special use permits, are evaluated for compliance with the provisions
of Chapter 18, Section 33.40b of the Code of Albemarle. Each provision of that section is addressed
below. The provisions of the ordinance are in bold font and underlined.
SP202100001 Midway Solar
Planning Commission, April 20, 2021
Page 2
The comments below are based on staff's analysis of the application including information submitted
by the applicant. The information submitted by the applicant contains detailed information. Staff will
not restate all of the submitted information in this staff report and refers the reader to attachments for
detailed information.
No substantial detriment. The proposed special use will not be a substantial detriment to
adjacent lots.
Impacts on adjacent lots will be limited to visual and noise impacts. Noise generated by the site is
minimal and is less than what could be generated from by -right agricultural uses of the property. The
sound generated by the equipment on site is similar to what would be generated by heating and
cooling equipment associated with a home. Staff is recommending a minimum setback of 100 feet for
all equipment to mitigate sound and visual impacts. The recommended setback is greater than what
is permitted for residential development or agricultural activity.
The site will be somewhat visible from adjacent properties particularly in the early years of the
development. Visibility will be largely eliminated from adjacent property as the screening trees grow.
While visibility is an impact and may change the character of the area, staff does not consider visibility
to result in a substantial detriment as it does not prevent the use of any adjacent property for any by -
right uses.
Character of the nearby area is unchanged. Whether the character of the adjacent parcels
and the nearby area will be changed by the proposed special use.
Solar facilities must be located on relatively large, open, gently sloping areas with access to power
transmission lines. The Rural Areas of the Comprehensive Plan are the only areas where utility scale
solar is permitted. Utility scale solar is permitted in the RA, Rural Area zoning district. This district is
the predominant district in the part of the County designated Rural Areas in the Comprehensive Plan.
Minor areas of RA zoning may be found in the Development Areas. However, the size of these
parcels and their designation as a Development Area makes use of these parcels for utility scale solar
unlikely.
The use of adjacent properties for forestry and agriculture is not impacted by the proposed solar
facility. Property adjacent to the proposed solar facility is located in the Batesville Agricultural Forestal
District. This project was reviewed by the Agricultural Forestal Advisory Committee on March 16,
2021. By a vote of 6:1 the committee found that the proposal does not conflict with the purposes of
the districts. A recording of the committee meeting may be found on the County Calendar for March
16, 2021 or by clicking HERE.
The primary commercial use intended for the Rural Areas is the production of forestal and agricultural
commodities. While this utility use is not identified as a policy priority for the Rural Areas, it helps the
County to meet other Comprehensive Plan goals related to renewable -energy production. The
decommissioning plan ensures that the site can return to appropriate agricultural or forestry uses
when the solar -generation uses ends. Staff opinion is that utility scale solar does not, as a use type,
change the character of the area.
Solar facilities do represent a change in the character of the area due to the industrial appearance of
the facility. As stated previously, the site will be visible from adjoining property. This visibility will be
diminished significantly as screening trees grow. It is not practical to plant trees at a height that
provide instant screening.
SP202100001 Midway Solar
Planning Commission, April 20, 2021
Page 3
The applicant has submitted an analysis of the impact of solar facilities on the impact on adjoining
property value. This study was prepared by Kirkland Appraisals, LLC. The full 128 page document is
available in the CountyView system that may be accessed on the County's website or by clicking
HERE
The conclusion of this analysis is:
"The matched pair analysis shows no impact in home values due to abutting or adjoining a solar
farm as well as no impact to abutting or adjacent vacant residential or agricultural land with visual
barriers and distances similar to what is proposed at the subject property. I have considered
matched pairs of sales of homes adjoining solar farms in Virginia as well as other states for
supplemental data in this analysis.
Very similar solar farms in very similar areas have been found by hundreds of towns and counties
not to have a substantial injury to abutting or adjoining properties, and many of those findings of
no impact have been upheld by appellate courts. Similar solar farms have been approved
adjoining agricultural uses, schools, churches, and residential developments.
Based on the data and analysis in this report, it is my professional opinion that the solar farm
proposed at the subject property will have no impact on the value of adjoining or abutting
property.
I note that larger solar farms using fixed or tracking panels ara a passive use of the land that is in
keeping with a rural/residential area. Solar farms are comparable to larger greenhouses. This is
not surprising given that a greenhouse is essentially another method for collecting passive solar
energy. The greenhouse use is well received in residential/rural areas and has a similar visual
impact as a solar farm."
Staff opinion is that, in the short term, the character of the area will be minimally changed due to the
industrial character of the solar facility. However, as screening trees mature this impact will be
mitigated and ultimately the character of the area will be restored when the project is
decommissioned.
Harmony. Whether the proposed special use will be in harmony with the purpose and intent
of this chapter,
Staff has reviewed the purposes of the Zoning Ordinance (Chapter 18, Section 1.4) and the intent of
the Rural Area District (Chapter 18, Section 10.1). The review criteria for a special use permit is
designed to address the purpose and intent of the ordinance as stated in these sections. However,
several sections warrant additional discussion.
Section 1.4G states "Encourage economic development activities that provide desirable
employment and enlarge the tax base". The proposed solar facility generates limited employment
mostly associated with the construction of the facility. The applicant has submitted information
indicating that the solar facility will enlarge the tax base of the County stating in part:
"Accounting for the additional Personal Property Tax revenue associated with the construction
of this project, Albemarle County could be expected to receive over $23,000 in year 1 of the
project operation, and more than $960,000 over the life of the facility. In comparison to the
current tax base for this parcel, which would be expected to result in in approximately $20,000
over the next 25 years."
SP202100001 Midway Solar
Planning Commission, April 20, 2021
Page 4
Section 10.1 states in part:
"This district (hereafter referred to as RA) is hereby created and may hereafter be established
by amendment of the zoning map for the following purposes:
- Preservation of agricultural and forestal lands and activities;
- Water supply protection;
- Limited service delivery to the rural areas; and
- Conservation of natural, scenic, and historic resources.
Based on the USDA Soil Survey of Albemarle County approximately 33% of the site is prime soil.
These soils are somewhat scattered throughout the site and no unique soils are located on the
property. The decommissioning plan will allow the property to be used for agricultural/forestal uses
in the future.
Discussion of the projects potential impact on water supply protection is contained in the section
addressing consistency with the comprehensive plan.
The intent of the RA district, Section 10.1, also states in part "Residential development not related to
bona fide agricultural/forestal use shall be encouraged to locate in the urban area, communities and
villages as designated in the comprehensive plan where services and utilities are available and
where such development will not conflict with the agricultural/forestal or other rural objective." While
this project is not a residential development staff does note that utility scale solar facilities are most
appropriately located where power distribution infrastructure exist. This property is crossed by high
voltage transmission lines and no improvements to the distribution infrastructure is proposed or
anticipated.
The evaluation of this request for compliance with the purpose and intent of the ordinance results in
mixed findings. This project will be generally consistent with the purpose and intent. However, staff
cannot make a finding that even a temporary installation (25 years or more) of a large impervious
area in the water supply watershed is consistent with the intent of the RA district.
Harmony, ...with the uses permitted by right in the district
The proposed facility will not prevent any by -right uses on surrounding properties.
Harmony, ...with the regulations provided in section 5 as applicable,
This use is not subject to any regulations contained in section 5.
Harmony, ...and with the public health, safety and general welfare.
The Fire/Rescue Department has reviewed this request. Public health and safety are addressed
during the site plan review process. The site plan process includes reviewing the project entrance,
stormwater runoff, erosion control and other features of the project. The Fire/Rescue division has
requested, and the applicant has agreed to, a training program to address the unique characteristics
of a utility scale solar facility.
The Virginia Department of Transportation has reviewed this request. As part of the site plan process
the entrance design will be addressed. The public, Virginia Department of Transportation and staff
have expressed concern about access to the property during construction. A condition is proposed
SP202100001 Midway Solar
Planning Commission, April 20, 2021
Page 5
that will limit large vehicle construction traffic. This condition will prevent large vehicle construction
traffic from accessing the site from Batesville. This is appropriate due to bridge restrictions at
Batesville and the size and alignment of roads accessing the property from the direction of Batesville.
Access to the site must come from the west.
The general welfare impact on the water supply watershed is addressed below
Staff has considered the content of the Climate Action Plan when evaluating this projects harmony
with the general welfare. Attachment D contains some of the portions considered when evaluating
this application. The Climate Action Plan supports the use of utility scale solar.
Staff is able to find that with conditions, this project will be in harmony with the public health, safety
and general welfare.
Consistency with the Comprehensive Plan. The use will be consistent with the Comprehensive
Plan.
The applicant's application narrative contains discussion about consistency with the
Comprehensive Plan (Attachment B).
In addition to the comments provided by the applicant staff provides the following additional
comments.
Background (Pape 1.6)
Promote the conservation and efficient use of energy resources
This project would provide for efficient production and use of energy.
Growth Management (Page 3.4) the Comprehensive Plan states:
The principle of watershed planning is a key part of growth management planning.
Protection of the public water supply, which relies on impoundments fed by these
watersheds, is essential to the County's growth. Except for the Community of Crozet and
a very small area in the Places29 Development Area, the western edge of the
Development Areas boundaries is based on the watershed for the public water supply.
Natural Resources (Pape 4.5) the Comprehensive Plan states:
History of Watershed Protection in Albemarle County The County's water resources
programs include stormwater management (including water quality treatment, and
channel and flood protection), erosion and sediment control, stream buffer protection,
collection of groundwater information, capital projects, public education, illicit discharge
detection and elimination, and infrastructure maintenance. These activities are a result of
comprehensive planning and regulations to protect water resources since the 1970s. In
1980, most land in water -supply watersheds was designated rural in order to prevent and
reduce pollution and development potential in the Rural Area was restricted.
This property is located within the watershed of the South Fork Rivanna Reservoir. The RA
district is the predominate zoning within the watershed of the South Fork Rivanna Reservoir
in recognition of the RA district's limited impact on the watershed as compared to more
intensive zoning. The Crozet area is an exception to the use of RA zoning as a technique
SP202100001 Midway Solar
Planning Commission, April 20, 2021
Page 6
to preserve the quality and quantity of water resources. However, the Crozet area has
received significant public investment to minimize the impact on water resources. These
include provision of public water and sewer, stormwater systems including the construction
of the Lickinghole Basin. The proposed solar facility involves the installation of a large area
of solar panels. Approximately 80 acres of the site will be used for the solar facility.
However, not all of this area will be covered by panels. The exact area of panel coverage
will be required at the time of site plan review to verify that water control measures to
address the quantity and quality of the runoff from these panels are addressed as required
by the ordinance.
The solar panels themselves are impervious, however the area under the panels remains
pervious. This arraignment will likely result in less runoff than would be expected from fully
impervious development. However, runoff will be greater than the existing condition of the
site due to the concentration of runoff caused by the panels.
However, unlike other projects with impervious areas this project may ultimately be
decommissioned and returned to the previous condition. Unlike impervious areas involving
streets and parking, the impervious area from the solar panels does not collect oil, grease,
rubber or other pollutants that ultimately runoff. Cleaning of the panels is done by rainfall,
or if rainfall is insufficient it is accomplished by water (brought in by truck) and brush.
Chemicals are not used in the cleaning of dust, pollen or bird droppings from the panels.
A large impervious area in the reservoir watershed would be inconsistent with the
comprehensive plan. However, staff opinion is that the impervious nature of the proposed
facility is mitigated:
- Grass under the panels maintains pervious area.
- The use of tracking systems for the panels. This alters the angle of the dripline of
the panels and helps to prevent concentrated flow.
- The rows of panels are separated to prevent shading and allow access. This
separation allows for pervious areas throughout the site. This aids in runoff
absorption.
- The impervious nature of these panels is less than that from greenhouses or other
agricultural buildings.
- Decommissioning will return the property to its current pervious state.
The introduction of impervious area not associated with agricultural or forestal activity may be
considered inconsistent with the Comprehensive Plan. In this application staff finds that this
proposal does not adversely impact the reservoir watershed for the reasons stated above.
Natural Resources (Pape 4.45) the Comprehensive Plan states:
In 2010, members of the community and representatives of the County, the City, and
UVA began a local planning process to find ways to lower the community's energy
consumption and, thus, greenhouse gas emissions. The Committee, known as the Local
Climate Action Planning Process (LCAPP) Steering Committee, recommended that the
City, County, and UVA:
• Continue to demonstrate leadership in energy and carbon reductions at the local
level;
• Build on existing synergies by continued collaboration of City, County, UVA, and
SP202100001 Midway Solar
Planning Commission, April 20, 2021
Page 7
community partners;
• Integrate the role of energy and carbon emissions in projects and planning;
• Equip the community at all levels to make informed decisions about the impacts
of carbon emissions and energy; and
• Identify and promote actions that enable the community to reap the health,
economic and environmental benefits that accompany sound energy -based
decisions.
Utility scale solar satisfies these objectives.
Review for Compliance with the Comprehensive Plan
As a solar facility, this proposal is subject to a Compliance with the Comprehensive Plan
Review as required by the Code of Virginia (§15.2-2232). A compliance review
considers whether the general location, character, and extent of a proposed public facility
are in substantial accord with the adopted Comprehensive Plan. It is reviewed by the
Planning Commission, and the Commission's findings are forwarded to the Board of
Supervisors for their information. No additional action is required of the Board.
For the reasons discussed above staff finds that this proposal is consistent with the
Comprehensive Plan.
SUMMARY
This project has been reviewed for compliance with the factors to be considered in acting on a special
use permit. Staff has also reviewed the ordinances and requirements of other Virginia localities to
determine best practices for utility scale solar projects. It is the opinion of staff that this project, with
conditions, is consistent with the ordinance requirements for approval of a special use permit and is
consistent with best practices principles. In the opinion of staff, this project will have limited impact.
The impact caused by this project are primarily associated with construction and visual impact. The
construction impact is of limited duration. The visual impacts will change the character of the area for
some period of time. As the screening trees mature this impact will be mitigated and largely
eliminated. This project is unusual in that it is a use that can be removed, allowing the site to largely
return to its existing condition.
Factors favorable to this request include:
1. Provides a source of renewable power generation.
2. In compliance with the Comprehensive Plan
3. Site can be returned to by -right use.
Factors unfavorable to this request include:
1. Proposes a large impervious area within the watershed of the South Fork Rivanna Reservoir
2. Will have some visual impacts for a number of years until screening trees grow.
RECOMMENDED ACTION:
Based on the findings contained in this staff report, and with the conditions proposed below
staff recommends approval
Motions:
SP202100001 Midway Solar
Planning Commission, April 20, 2021
Page 8
Special Use Permit
A. Should the Planning Commission choose to recommend approval of this special use permit:
I move to recommend approval of SP202100001 Midway Solar with the conditions outlined in
the staff report.
B. Should the Planning Commission choose to recommend denial of this special use permit:
move to recommend denial of SP202100001 Midway Solar. Should a commissioner motion to
recommend denial, he or she should state the reason(s) for recommending denial.
Recommended Conditions of Approval:
Development and use shall be in general accord with the plans prepared by Hewitt Solutions,
PLLC titled "Central Virginia Electric Cooperative Midway Solar Project' dated December 17,
2020 (hereinafter "Concept Plan") and included as Attachment C, as determined by the Director
of Planning and the Zoning Administrator. To be in general accord with the Concept Plan,
development and use shall reflect the following major elements as shown on the Concept Plan:
a) Location of solar development envelopes,
b) Location of equipment yard, and
c) Retention of wooded vegetation in stream buffers
Land disturbance, which includes but is not limited to grading, excavation, filling of land, the
felling of trees, and the removal of tree stumps, shall be limited to the areas within the proposed
fence area as shown on the Concept Plan. The location of the proposed entrance and access
to the solar facility shall not be subject to this condition.
Minor modifications, with the approval of the Zoning Administrator and the Director of Planning,
to the Concept Plan that do not otherwise conflict with the elements listed above may be made
to ensure compliance with the Zoning Ordinance, and State or Federal laws.
2. Landscaping and screening shall be substantially the same as shown on the plans prepared by
Hewitt Solutions, PLLC titled "Central Virginia Electric Cooperative Midway Solar Project' dated
December 17, 2020 (hereinafter "Concept Plan") and included as Attachment C, as determined
by the Director of Planning and the Zoning Administrator.
All inverters and solar panels shall be set back at least one hundred (100) feet from property
lines and rights -of -way.
4. The applicant shall submit a decommissioning and site rehabilitation plan (hereinafter
"Decommissioning Plan") with the building permit application that shall include the following
items:
a. A description of any (e.g. lease) with the landowners regarding decommissioning;
b. The identification of the party currently responsible for decommissioning;
c. The types of panels and material specifications being utilized at the site;
d. Standard procedures for removal of facilities and site rehabilitation, including recompacting
and reseeding;
SP202100001 Midway Solar
Planning Commission, April 20, 2021
Page 9
e. An estimate of all costs for the removal and disposal of solar panels, structures, cabling,
electrical components, roads, fencing, and any other associated facilities above ground or
up to thirty-six (36) inches below grade or down to bedrock, whichever is less; and
f. An estimate of all costs associated with rehabilitation of the site.
g. Provisions to recycle materials to the maximum extent possible.
The Decommissioning Plan shall be prepared by a third -party engineer and must be
signed off by the party responsible for decommissioning, and all landowners of the
property included in the project. The Decommissioning Plan shall be subject to review and
approval by the County Attorney and County Engineer and shall be in a form and style so
that it may be recorded in the office of the Circuit Court of the County of Albemarle.
7. Prior to issuance of a grading permit, the Decommissioning Plan shall be recorded by the
applicant in the office of the Circuit Court of the County of Albemarle.
8. The Decommissioning Plan and estimated costs shall be updated every five years, upon
change of ownership of either the property or the project's owner, or upon written request from
the Zoning Administrator. Any changes or updates to the Decommissioning Plan shall be
recorded in the office of the Circuit Court of the County of Albemarle.
9. The Zoning Administrator shall be notified in writing within 30 days of the abandonment or
discontinuance of the use,
10. All physical improvements, materials, and equipment (including fencing) related to solar
energy generation, both above ground and underground, shall be removed entirely, and the
site shall be rehabilitated as described in the Decommissioning Plan, within 180 days of the
abandonment or discontinuance of the use. In the event that a piece of an underground
component breaks off or is otherwise unrecoverable from the surface, that piece shall be
excavated to a depth of at least 36 inches below the ground surface.
11. If the use, structure, or activity for which this special use permit is issued is not commenced by
DATE 3 YEARS AFTER APPROVAL BY THE BOARD OF SUPERVISORS, the permit shall be
deemed abandoned and the authority granted thereunder shall thereupon terminate.
12. The facility shall be meet the requirements contained in Chapter 18, Section 4.14 of the County
Code.
13. Products used to clean panels are limited to water, and biodegradable cleaning products.
14. No above ground wires except for those associated with the panels and attached to the panel
support structure and those associated with tying into the existing overhead transmission wires.
15. Prior to activation of the site the applicant shall provide training Fire/Rescue. This training shall
include documentation of onsite materials and equipment, proper firefighting and life saving
procedures and material handling procedures.
16. The property owner shall grant the Zoning Administrator, or designee, access to the facility for
inspection purposes within 30 days of the Zoning Administrator requesting access.
SP202100001 Midway Solar
Planning Commission, April 20, 2021
Page 10
17. Outdoor lighting for the facility shall be permitted only during maintenance periods; regardless of
the lumens emitted, each outdoor luminaire shall be fully shielded as required by section 4.17;
provided that these restrictions shall not apply to any outdoor lighting required by state or federal
law.
18. Plantings for screening shall be include a minimum of three species type taken from the Albemarle
County Recommended Plants List or as may be approved by the Agent. Species shall be
dispersed throughout the site.
19. Construction/truck traffic shall access this property from the west and not from Batesville. This
limitation does not apply to passenger vehicles and pickup type vehicles.
ATTACHMENTS
Attachment A - Map
Attachment B - Applicant Narrative
Attachment C - Concept Plan (Central Virginia Electric Cooperative Midway Solar Project)
Attachment D — Portions of the Climate Action Plan
Attachment E — Public Comment
SP202100001 Midway Solar
Planning Commission, April 20, 2021
Page 11
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Special Use Permit Application
Midway Solar
Albemarle County, Virginia
Submitted By:
Midway Solar, LLC
300 East Main Street
Suite 200
Charlottesville, VA 22902
Submitted To:
Albemarle County, Virginia
Planning and Zoning Department
401 McIntire Road
Charlottesville, VA 22902
Table of Contents
AboutSun Tribe.................................................................................................................................................................................3
ProjectProposal................................................................................................................................................................................3
RuralZoning Designation.............................................................................................................................................................4
Consistency with Comprehensive Plan.................................................................................................................................4
RuralAreas.................................................................................................................................................................................4
NaturalResources..................................................................................................................................................................5
PublicNeed and Benefit................................................................................................................................................................6
DirectRevenue to the County.........................................................................................................................................6
EconomicDevelopment......................................................................................................................................................7
ClimateProtection.................................................................................................................................................................7
Quantification and Mitigation of Potential Development Impacts..........................................................................8
PublicInfrastructure.............................................................................................................................................................8
NeighboringParcels..............................................................................................................................................................8
Visual.............................................................................................................................................................................................8
RealEstate..................................................................................................................................................................................9
Glintand Glare.........................................................................................................................................................................
9
Noise.............................................................................................................................................................................................
9
Lighting......................................................................................................................................................................................10
WaterResources.................................................................................................................................................................10
HazardousMaterials Statement..................................................................................................................................10
Quantificaiton of Potential Impacts on Environmental Features..........................................................................11
CriticalSlopes........................................................................................................................................................................11
Wildlife......................................................................................................................................................................................11
Culturaland Historical Resources...............................................................................................................................12
Streamsand Wetlands......................................................................................................................................................13
FacilityConsiderations...............................................................................................................................................................13
EquipmentDesign...............................................................................................................................................................13
Interconnection....................................................................................................................................................................14
ProjectSite Access..............................................................................................................................................................14
VegetativeBuffer.................................................................................................................................................................14
Fencingand Security..........................................................................................................................................................15
Signage......................................................................................................................................................................................15
Confidential and Proprietary 1 Midway Solar
Lighting......................................................................................................................................................................................15
FacilityPermitting..........................................................................................................................................................................15
StormwaterManagement Plan.....................................................................................................................................15
Erosionand Sediment Control......................................................................................................................................15
Local Building and Electrical
16
PermitBy Rule.......................................................................................................................................................................16
FacilityConstruction....................................................................................................................................................................16
Facility Operations and Ma
17
FacilityDecommissioning..........................................................................................................................................................18
Attachments.....................................................................................................................................................................................19
AppendixA -
Contextual Plan and Area Map.......................................................................................................................I
Appendix B -
Viewshed and Visual Simulations................................................................................................................
I I
AppendixC -
Real Estate Impact Analysis..........................................................................................................................I
I I
AppendixD -
FAA Notice criteria............................................................................................................................................IV
Appendix E -
Manufacturer's Specification Sheets.........................................................................................................V
AppendixF -
Hazardous Material Review..........................................................................................................................VI
Appendix G -Wildlife
Resource Review............................................................................................................................VI
I
Appendix H -
Cultural/Historical Resource Review..................................................................................................
VI II
Appendix I -
Environmental Site Assessment and Wetland Deliniation..............................................................IX
Appendix J -
Emergency Management Details.................................................................................................................X
AppendixK -
Decommissioning Plan.....................................................................................................................................XI
AppendixM
- CVEC Letter of Support...............................................................................................................................XI
I
Confidential and Proprietary 2 Midway Solar
About Sun Tribe
As Sun Tribe's provider of large-scale renewable energy solutions, Sun Tribe Development partners
with landowners, local governments, and leading utilities as they move towards a cleaner energy
future. With an emphasis on quality, community -focused projects, Sun Tribe Development
specializes in sustainable solar solutions. Sun Tribe Development has built one of the most
experienced teams in the business, with over 20 gigawatts of collective renewable energy
experience.
Project Proposal
This application for special use is submitted to Albemarle County (the "County") by Midway Solar,
LLC, (the "Applicant"), a wholly owned subsidiary of Sun Tribe Development ("Sun Tribe"), to
construct an eight megawatt photovoltaic ("PV") solar energy system and four megawatt battery
energy storage system ("BESS") on Parcel 08500-00-00-017BO in the Samuel Miller District of
Albemarle County (the "Midway Solar Project" or the "Project"). The project company is party to a
Power Purchase Agreement with Central Virginia Electric Cooperative ("CVEC") and will produce
energy that will be purchased by CVEC for delivery to their members for at least two decades.
Serving almost 37,000 accounts, Central Virginia Electric Cooperative is a member -owned, not -for -
profit electric utility headquartered in Colleen, Virginia.
The Project is located on Parcel 08500-00-00-017BO ("Project Parcel"), off of Craigs Store Road
approximately 1.8 miles from the community of Batesville, Virginia. The Project Parcel is owned by
CVEC and a Lease Agreement has been established to allow the Applicant to develop and construct
an 8 MW solar array and a 4 MW battery storage system. The Lease Agreement applies to the entire
136 acres of the Project Parcel, but the solar and battery facility will not utilize the entire property
and therefore will establish a Project Site within the Parcel that in turn reserves a substantial area for
preservation. See AppendixAfor Conceptual Layouts depicting existing and proposed site features.
The Project Parcel is currently zoned Rural Area ("RA") and taxed as Agricultural Land Use. It is, and
has historically been, utilized for livestock grazing and siviculture. There are multiple vacant farm -
use buildings on the Project Parcel that are in disrepair. Any structure within the Project Site will be
removed but those that are located outside the Project Site will remain. The parcel totals 136 acres
and is approximately 30%cultivated timber and 70% pastures.
The Project Site is located in the Upper Mechums River Watershed within the larger South Fork
Rivanna Reservoir Watershed. Although the site will remove existing vegetation and replace it with a
different mix of panels and vegetation, the project's unique use does not impact water quality as a
traditional impervious development would, due to limited site access and low potential for pollutant
runoff.
A solar energy facility such as Midway will provide an increase in direct, indirect, and induced
revenue to Albemarle County. The County will also achieve a significant increase in tax revenue from
the Project site through the permitting and operation of the facility while requiring minimal to no use
of County services such as water, wastewater, schools, and other infrastructure. Although it is
acknowledged that emergency services may be engaged (See AppendixJ) for reviewing
Confidential and Proprietary 3 Midway Solar
documentation from the battery storage manufacturer to guide in developing an Emergency
Management Plan. The Applicant intends to conduct a work session with the appropriate emergency
services personnel todevelop a permanent Emergency Management Plan for the facility that blends
local knowledge with specific technical information provided by the manufacturers of the facility
components.
The project will be constructed and operated in accordance with all applicable Federal, State, and
Local building codes and regulations.
Rural Zoning Designation
The Project Site, Parcel 08500-00-00-017130, is zoned Rural Area ("RA"). The Albemarle County
Code of Ordinance, Chapter 18, Sec. 10, allowsfor solar energy systems in RA Zoning by Special Use
Permit. The intent of the RA Zoning is the preservation of agricultural and forestal land activities,
water supply protection, limited -service delivery to the rural areas, and conservation of natural,
scenic, and historic resources. The Midway project aligns with all these intents.
The Project Site will only utilize approximately 80 acres of the parcel's 136 acres. The parcel acreage
outside the Project Site will be kept in its current condition, with forested vegetation being
preserved.
Construction of Midway Solar ensures that the 136-acre parcel remains protected from intensive
development. At the end of the project's life, the site will be returned to its current condition.
Consistency with Comprehensive Plan
Rural Areas
Objective 2. Protect and preserve natural resources, which include mountains, hills, valleys, rivers, streams,
groundwater, and continuous and un fragmented land for agriculture, forestry, biodiversity, and natural
resource protection.
For the life of the facility (25 years), the Project Site will be protected from further development.
Forested areas will be left in place where possible. Areas outside of the fenced project area will
remain available for grazing, wildlife corridors and habitat. After construction and for the life of the
facility, site visits by operation and maintenance personnel will be limited to an average of twice a
month, allowing the site to remain much as it is today, a natural landscape. Onsite streams and their
riparian buffers will be protected.
Objective 3: Protect the County's historic, archeological, and cultural resources.
The Project will ensure there is no impact to historic, archaeological, and cultural resources that are
present on the Project Site. The Applicant has already conducted desktop reviews to understand
potential resources that may be present onsite.
Confidential and Proprietary 4 Midway Solar
Natural Resources
Recognizing that natural resources are one of the area's most valued features, in the 2015
Comprehensive Plan the County identified certain objectives regarding the protection of natural
resources within the county. The following is a list of some of those objectives and a narrative on
how Midway Solar meets the spirit of those objectives.
Objective 1: Ensure clean and abundant water resources for public health, business, healthy ecosystems,
and personal enjoyment by preventing shortages and contamination."
Strategy 1a: Continue to apply the Watershed Protection Ordinance throughout the County to help
protect and preserve water resources.
The Applicant is dedicated to ensuring that Midway Solar will have no negative impact on water
resources on or surrounding the Project Site during construction or once operational. All applicable
sections of Chapter 17, Water Protection, of the Zoning Ordinance will be followed to the highest
degree.
The operation of a solar facility requires no water use. Therefore, Midway Solar will not put any
pressure on precious drinking water resources and associated infrastructure. Unlike traditional
development, a solar facility has a very low probability of producing pollutant run-off which could
endanger groundwater, streams, creeks, and rivers. The components of a solar generating facility do
not require oil -based lubricants which are oftentimes the sources of pollutant discharge.
The land disturbance required for construction of a solar facility is far less than most other types of
development, such as residential development. Care was taken to design the Project Site so that
solar panels and equipment will be placed in areas that will require the least land disturbance. Where
land disturbance will occur, grading will be thoughtfully planned to ensure stormwater is responsibly
managed to protect downstream resources according to County and State guidance.
Objective 2: Protect air quality.
Strategy 2a: Help protect local and regional air quality by reducing the County's carbon footprint..."
Once operational, Midway Solar will provide 8MW of solar energy and 4MW of battery storage. This
carbon -free, renewable energy willpower 2,600 Central Virginia Electric Cooperative households in
Albemarle County.
Objective 4: Protect the biological diversity and ecological integrity of the County in both the Rural Area and
Development Areas.
Strategy 4e: Encourage the use of native plants in landscaping to protect and provide habitat for
native biodiversity, to save water, and to connect landowners to the local ecosystem.
The use of native plantings for buffering and erosion and sediment control at Midway Solar will serve
to increase the biodiversity of the site. Research shows that pine stands planted at a lower density
(300 trees per acre) significantly increase the quality of wildlife habitat. The pine stands on the
Project Site exceeds this recommended density, reducing species diversity by preventing
germination of hardwoods. This lack of tree diversity reduces food and coverage for wildlife,
therefore also negatively impacting wildlife diversity.
Confidential and Proprietary 5 Midway Solar
Objective 5: Retain mountain resources.
Strategy 5b. Continue to protect critical slopes in Rural Area
The Midway Solar facility aligns with the intention of Objective 5 of the Natural Resources section of
the Comprehensive Plan, as development will largely avoid slopes of 25%or greater and solar panels
will be placed on the least slope areas of the Project Site.
Public Need and Benefit
Direct Revenue to the County
Albemarle County will benefit directly from the project in the form of increased tax revenue, both
from real property tax and from personal property taxation.
Currently, the parcel where the Midway Project will be located contributes just under $500 annually
to the Albemarle County tax base. This is in the form of real property tax. After construction of the
solar project, we anticipate this real property taxation to increase due to increased value placed on
the project site as well as rollback taxes due when the parcel is removed from its current land use
designation.
In addition to taxes on real property, personal property tax will provide additional revenue for
Albemarle County. Solar projects in Virginia can be assessed for Personal Property Taxation in one
of two ways, dependent on the County's choosing:
1) Machine and Tools (M&T) Tax Stepdown -this begins as an 80%abatement for Personal
Property Taxes in years 1-5. It steps down to 70% in years 6-10, and 60% after year 10.
Utilizing this taxation methodology would represent more than $12,000 in Personal Property
Tax revenue for Albemarle County in year 1 of operations, and more than $380,000 over the
life of the project.
2) Energy Revenue Share - this is a straightforward taxation methodology which requires
$1,400/MWac/year in Personal Property Taxation. Utilizing this taxation methodology
would represent $11,400 in Personal Property Tax revenue for Albemarle County in year 1
of operations, and more than $445,000 over the life of the project.
Accounting for the additional Personal Property Tax revenue associated with the construction of this
project, Albemarle County could be expected to receive over $23,000 in year 1 of the project
operation, and more than $960,000 over the life of the facility. In comparison to the current tax base
for this parcel, which would be expected to result in approximately $20,000 over the next 25 years,
this project represents an approximately 48 times increase in current tax revenue received from the
parcel. Another consideration is the amount of public services that accompany this additional tax
revenue base; while the Project will increase the tax base provided to the County from the Project
Site, it will not have any significant draw on public resources such as schools, emergency services, or
roads. Because of this, the benefits of the additional tax revenue are amplified by the lack of
additional public costs necessary to support them.
Confidential and Proprietary 6 Midway Solar
Economic Development
In addition to direct revenue from taxes, there are other economic benefits to consider. The largest
of these isjobs directly attributable to the facility.
Because of the local nature of the Midway Solar Project, Albemarle County residents are already
employed in the development of the project. Sun Tribe Development, Central Virginia Electric
Cooperative, and the local environmental, engineering, and other consultants we employ establish
this project as a unique contributor to the local economy in Albemarle County.
Upon reaching construction, the project would continue to support local jobs with Sun Tribe as the
general contractor during the construction phase and a commitment to sourcing local sub-
contractors wherever possible. From fence and lighting installers, to panel electricians, civil
engineers, and construction laborers, significant local job creation during the engineering and
construction of the solar facility is guaranteed.
Climate Protection
Albemarle County's signature on the "We Are Still In" Declaration shows a commitment to the
continued support of the 2015 Paris Climate Agreement.
Sun Tribe shares the County's view that local governments play an important role in addressing
climate change, and as an Albemarle County business we want tojoin the County in assuming a
leadership role.
To meet the County's (and Commonwealth) carbon reduction goal, it will be necessary to accelerate
the shift to clean energy through deliberate and responsible renewable energy development.
Renewable energy projects like Midway align with the County's Climate Action Plan targets:
o "Benefit the health of the residents"
Fossil Fuel energy facilities not only increase the greenhouse gases directly contributing to climate
change but also create pollution which is known to adversely affect health. Renewable energy
alternatives, such as Midway Solar, create none of the same adverse health effects.
o "Protect the local natural environment"
Solar facilities such as Midway will operate for 20+years, allowing the land to be protected from
more intensive development uses with the opportunity to reevaluate land use at the end of the
project's life. As noted, there are also 56 acres on the M idway parcel which remain outside the
Project Site.
Confidential and Proprietary 7 Midway Solar
Quantification and Mitigation of Potential Development Impacts
Public Infrastructure
As noted, Midway Solar will provide a tax base to Albemarle County that is not accompanied by a
burden on County services such as schools, roads, or other public utilities such as water and sewer.
At the conclusion of the approximately six-month construction timeline, visits to the site will be
limited to approximately two times per month. Therefore, the Midway Solar project will not
introduce a burden to county roads or facilities. The site will not require use of the County's water
and sewer infrastructure as no permanent staff will be stationed on site. Due to the lack of
permanent, on site, staff for the facility, a measurable burden to other public facilities will not occur,
Neighboring Parcels
Fourteen parcels border the Project Parcel. Nine adjacent parcels are single-family residential; one is
Conservation Use; one is Vacant Residential Land; three are designated in Agricultural Land Use.
Table 1 Adjacent Parcels
Landowner
ParcelID
Parcel Address
ff Tax Type
Mark&Sara Tueting
085000-00-00-01600
1832 Crai sStore Road
Agricultural Land Use
Calvin & Ruby Canody
085000-00-00-016A0
1876 Crai sStore Road
Reg. Taxable/Single Family
Diane Spangler
085000-00-00-01700
1888 Crai sStore Road
Reg. Taxable/Single Family
Patti Riker
085000-00-00-004D0
1913 Crai sStore Road
Reg. Taxable/Single Family
Frank G.Rder Rev. Trust
085000-00-00-00400
No 911 Address
Vacant Residential Land
William Marshall, Life Estate
085000-00-00-004C0
1972 Crai sStore Road
Reg. Taxable/Single Family
Fellows Livin Trust
085000-00-00-00300
1915 Thunder Ridge Road
Agricultural Land Use
Hau tTrust
085000-00-00-0030A0
7181 Batesville Road
Conservation Use
Rose Zavada
085000-00-00-0018A1
6925 Batesville Road
Re .Taxable/Sin le Family
Elizabeth Williams
085000-00-00-0018DO
6793 River Hill Lane
Reg. Taxable/Sinle Family
Alma Ball
085000-00-00-0018EO
6809 River Hill Lane
Re .Taxable/Sin le Family
Life Estate Betty Jean Mawyer
085000-00-00-0018BO
6722 EII dia Lane
Re .Taxable/Sin le Family
Carol nGraves
085000-00-00-0018B3
1754Crai sStore Road
Reg. Taxable/Single Family
Shelton L or Sharon A Root, I I I
085000-00-00-001500
6755 Black Oak Ride
Agricultural Land Use
The Project will mitigate impacts to neighboring parcels through maximizing the use of naturally
occurring vegetative screening paired with the installation and maintenance of both adequate
setbacks and additional vegetative buffering as necessary.
Visual
Recognizing the importance of conservation of scenic resources, great care was taken to design
Midway Solar in a way that protects the viewshed of the neighboring properties and roadways. This
is accomplished by adhering to all setback requirements, maintaining mature vegetative buffering in
place where available, conducting visual simulation renderings, and supplementing vegetative
buffering with additional native vegetation where appropriate.
The racking and panels which comprise the solar generating facility will not exceed the 20-feet height
restriction, measured from the base of the structure to its highest point. There will be no signage on
site, except for that required for safety, security or the requirements of the interconnecting utility
(CVEC).
Confidential and Proprietary 8 Midway Solar
Existing slopes, mature vegetation, and supplemental vegetation will further reduce the visual impact
to adjacent parcels. The applicant prepared a series of visual simulations of the viewshed of adjacent
parcels and along Craigs Store Road. These simulations show the viewshed impacts of the Project
when the facility is complete and vegetative buffering is in place. There will be no visual impact on any
other parcels adjacent to the Project Site. These simulations, as well as a viewshed map showing
elevations whereby the project may be visible further away can be seen in Appendix B.
Vegetative screening will adhere to the requirements set out in Chapter 18, Sec. 32.7.9.7, of the
Zoning Ordinance and be no less than 20feet in depth, utilizing double staggered rows of evergreen
trees planted on center with a minimum planting height of 4feet.
Real Estate
Solar generating facilities have no impact, positive or negative, on the value of neighboring properties
across the Commonwealth of Virginia. Using matched -pair analysis, a real estate impact analysis
performed on the Midway Solar area shows that the project will have no impact on home values on
abutting or adjoining properties and no impact on adjacent vacant residential or agricultural land. It
is important to note that the analysis also determined that solar farms using fixed or tracking panels
are a passive use of the land that is in keeping with the rural/residential area. The results of a real
estate matched -pair analysis performed by Kirkland Appraisals can be found in Appendix C.
Glint and Glare
Glint, momentary flashes of light, and glare, continuous source of excessive brightness, are caused
when sunlight is reflected off a flat, shiny surface. While solar panels are flat and somewhat shiny,
they are designed to capture light, rather than reflect it. Research shows solar panels produce less
glare than standard residential window glass, snow, or concrete. Photovoltaic panels are covered in
anti -reflective coating to mitigate any low levels of glare and glint.
Using the Federal Aviation Administration's Notice Criteria Tool, which takes into consideration the
Project Site latitude, longitude, horizontal datum, site elevation, and structure height, it was
determined that Midway Solar introduces no risk to air traffic and no further glint and glare study
would be necessary. A copy of the Notice criteria Tool results can be found in Appendix D.
Noise
An operating solar facility produces negligible noise when operating. Any noise produced by the
operating facility becomes inaudible at approximately one hundred (100) feet from the noise -
producing components. These noise -producing components, such as inverters, and tracker motors
have few moving parts that produce decibel levels that will not be heard from adjacent properties.
For example, the proposed solar inverters have a manufacturer listed noise rating of sixty-five (65)
decibels at one meter away from the inverter. The CDC reports this level of noise is comparable to an
air conditioner, washing machine, or dishwasher. The vast majority of inverters on the site will be set
back at least three hundred (300) feet from property lines, but no inverter will be closer than one -
hundred (100) feet from a property line. At one hundred (100) feet away from the inverter, the noise
is reduced to approximately thirty-five (35) decibels which is comparable to the noise level of a soft
whisper or refrigerator hum. The proposed battery storage inverters have a manufacturer listed
noise rating of 75 decibels at three meters away from the inverter and will be located no closer than
Confidential and Proprietary 9 Midway Solar
four- hundred (400) feet from property lines. At that distance, the noise reduces to approximately
forty-three (43) decibels which is comparable to a refrigerator hum. Since the faciIitywiII only
operated uringdayl fight hours, there will be no noise produced at night.
There will be a short-term increase in noise levels during construction of the facility. It is estimated
construction will take six months. However, noise -producing construction activities which will occur
during short increments of time throughout the construction schedule and will not be ongoing.
Noise -producing construction activities will be limited to daytime hours. The Applicant wishes to be
a good neighbor and will work with the County and adjacent landowners to minimize any impact
construction noise may have on the surrounding community.
Manufacturer specification sheets listing noise levels can be viewed in Appendix E.
Lighting
The Applicant recognizes and appreciates the County's efforts to protect the county's dark skies. To
that end, all lighting at Midway Solar will comply with all applicable sections of the Albemarle County
Code of Ordinance (Zoning Ordinance) and will be kept to the minimum necessary to ensure the safe
operation of the facility. All lighting will be designed to prevent spillover lighting and will be arranged
or shielded to reflect light away from adjoining residences and roads.
Water Resources
Midway Solar will be designed to minimize impacts to waterways onsite and downstream of the
Project Site. Both water quality and quantity will be considered and protected as the facility design
progresses. See AppendixAfor a Conceptual Grading, Stormwater, and Erosion and Sediment
Control Plan and for Conceptual Stormwater Details and Calculations. These conceptual plans depict
a very early stage of project design and will be updated to include information such as topographic
survey data, final equipment selection, and feedback from the County. The Applicant will continue to
solicit and incorporate County Engineering feedback through the Site Plan Approval process, where
the detailed stormwater and erosion and sediment control plans will be finalized.
Water resource protection is closely tied to land use and ground cover as activities upstream have an
impact on the downstream environment. While the Project proposes tree clearing, it also proposes
establishment of additional visual vegetative buffers and healthy vegetative cover under the
proposed PV panels including native species. The establishment of healthy ground cover after the
construction phase will be heavily monitored and emphasized as the first step in water quality
protection, in addition to the temporary erosion and sediment control and permanent stormwater
Best Management Practices (BM Ps) that will be implemented in accordance with County and DEQ
guidance. Vegetation in all areas outside the Project Limits of Disturbance (LOD) will be untouched
and preserved.
Hazardous Materials Statement
The Project does not pose a risk to public health due to the presence of hazardous materials.
Although PV panels may contain small amounts of some potentially hazardous materials such as lead,
these materials are sealed within the panel to prevent environmental exposure. Similarly, the battery
energy storage system is lithium -ion based and is totally self-contained and monitored. See Appendix
Confidential and Proprietary 10 Midway Solar
F for a detailed description of panel construction, additional discussion of the negligible public health
and safety impacts of solar PV projects, and safety information from the battery storage
manufacturer.
Quantificaiton of Potential Impacts on Environmental Features
Critical Slopes
The Midway Solar Project design will not encroach on any large contiguous areas of critical slopes, as
defined in Chapter 18, Article I, Section 3.1 and described in Chapter 18, Article 11, Section 4.2 of the
Zoning Ordinance. Care was taken to design the Project Site in a manner that follows existing site
topography and avoids areas of high slope that would negatively impact downslope land or
waterways if disturbed. The current design does impact two small areas of non-contiguous critical
slope that are less than 100feet in length, totaling0.046 acres, and surrounded by areas of non-
critical slope. As part of additional design and due diligence, a topographic survey is underway and
data from the survey will be evaluated to understand these areas of critical slope with higher
granularity. As the design progresses, these areas of impact will be reevaluated and, if necessary, the
Applicant will undertake the waiver process as described in Chapter 18, Article 11, Section 4.2.5.
Wildlife
As part of the environmental due diligence performed on the Midway Solar Project Site, the
Applicant engaged with the industry -expert consulting firm Timmons Group to determine the
likelihood of encountering any species on the State or Federal lists of Threatened and Endangered
Species. The complete Threatened and Endangered Review conducted on the Midway Solar site is
available in Appendix B; below is an excerpt from that review:
Table 2 Threatened and Endangered Species Review
U.S. Fish and Wildlife Services
Information, Planning and consultations System
Virginia Department of Game and Inland Fisheries
Virginia Fish and Wildlife Informations stem
Virginia Department of Game and Inland Fisheries
Wildlife Environmental Review Map Services
Virginia Department of Game and Inland Fisheries
Northern Long-eared Bat Winter Habitat and Roost Locator
Virginia Department of Game and Inland Fisheries
Little Brown Bat and Tri-colored Bat Winter Habitat and Roosts Locator
Virginia Department of Game and Inland Fisheries
Division of Natural Heritage Database
The Center for Conservation Biology
Virginia Eagles Nest Locator
The comprehensive review identified the potential for the following species to be present on the
Midway Solar site:
Common Name =Scientific
Name
tatus
cy Source
Northern Long-earedBatMyotis
septentrionars
Federal Threatened
USFWS
Little Brown Bat
Myotis lucifugus
State Endangered
VDWR
James spinymussel
Parvaspina col lina
Federal Endangered; State
Endangered
VDWR
Confidential and Proprietary 11 Midway Solar
Based on the results of the desktop review, a comprehensive field habitat study was conducted on
site to determine if species identified in the State and Federal databases actually had potential
habitat present on the Midway Solar Project Site. The results of the comprehensive field habitat
review determined:
James spinymussel: Due to excess of finer sand and silty substrate, lack of fast -flowing, well
oxygenated water, and evidence of recent flooding events, it was determined that no suitable habitat
exists on the Project Site to support the presence of the James River spinymussel.
Northern long-eared bat: Review of the Virginia Department of Game and Inland Fisheries Northern
Long-eared Bat Winter Habitat and Roost Indicator determined there were no maternity roosts or
hibernacula located within or near the Project Site. Therefore, it was determined that the Project is
unlikely to have any effect on any known northern long-eared bat areas.
Little brown bat: The Wildlife Environment Review Map Services identified little brown bat
hibernacula within a 5.5-mile buffer of the Project Site. However, this 5.5-mile buffer does not
intersect with Project Site, and therefore there is no expected impact. There were no tri-colored bat
hibernacula identified within range of the Project Site.
The Applicant will continue to coordinate with Local, State, and Federal agencies through the State -
led Permit By Rule process to ensurethere is no impact to local fish and wildlife species. If a potential
impact is identified, the Applicant will coordinate with those applicable agencies to draft and enact
plans to mitigate the impact.
The complete wildlife resource review can be viewed as Appendix G.
Cultural and Historical Resources
Timmons Group was retained to conduct a comprehensive desktop review to determine if any known
historical and archaeological resources were present on the Project Site or within a one -half -mile
buffer surrounding the Site. Eight architectural resources were identified within the one -half -mile
buffer, none of which were within the site boundaries. No archaeological resources were identified.
One architectural resource, the Batesville Historic District, is listed on the National Register of
Historic Places and Virginia Landmarks Register. The remaining resources identified have not been
evaluated for listing on the National Register of Historic Places. The complete Cultural and Historical
Resource study can be viewed as Appendix H.
Table 3 Historic/Cultural Resources Identified
Resour
Site Description
Location
Site Evaluation Status
002-0194
Hau tHouse
Adacent
Not Eligible
002-1279
Moon's Mille Site
Adjacent
Not Eligible
002-1281
Quarry Site, Route 636
Adjacent
Not Eligible
002-2212
Batesville Historic District
Adjacent
NRHP Listing; VLR Listing
002-0655
Mt. Ed. Baptist Church
Adjacent
Not Eligible
002-1278
Kennedy Farm
Adjacent
Not Eligible
002-1211
Harold Brown House
Adjacent
Not Eligible
002-0709
Barksdale Farm
Adjacent
Not Eligible
Confidential and Proprietary 12 Midway Solar
The Applicant has engaged a licensed archeological firm (Dutton and Associates) to conduct a Phase
1ACulturaI Resource study to determine if a full Phase I Cultural Resource study will be appropriate.
These Cultural Resource studies will identify any potential impact to identified historical and cultural
resources. The Applicant will coordinate with the Virginia Department of Historical Resources
through the Permit By Rule process to assess whether there are any impacts to off -site resources
and, if an impact is identified, to develop an appropriate mitigation plan. The results of any studies will
be provided to the County once complete.
Streams and Wetlands
A wetland delineation was performed by Timmons Group to identify all streams and wetlands on the
Midway Project Site. The complete delineation can be reviewed as Appendix I. A Preliminary
Jurisdictional Determination was issued by the U.S. Army Corps of Engineers (USACE) confirming
the locations of streams and wetlands identified byTimmons and is also included for review in
Appendix I. The Project was designed to ensure there will be no impact on any identified streams or
wetlands. Consistent with the Albemarle County Water Protection Ordinance, the project design
incorporates a 100-foot buffer around all identified streams and wetlands. Additional buffer will be
provided where possible. Seethe Conceptual Grading & SWM/ESC Plan on Sheet Bin Appendix
for a conceptual depiction of proposed stream and wetland setbacks.
The Applicant has secured a Preliminary Jurisdictional Determination (" J D") with the U.S. Army
Corps of Engineers (USACE) to confirm stream and wetland areas identified in the field delineation.
The Project will not impact any delineated streams or wetlands. the Project will be developed and
constructed in conformance with all applicable federal, state, and local laws and regulations, including
the Chesapeake Bay Act, Clean Water Act, and VA-DEQ Stormwater Management Program
Regulations.
Facility Considerations
Equipment Design
The Midway Solar Project is an 8 MW alternating current ("AC") photovoltaic solar electric power
generation facility and includes a 4 MW battery energy storage system ("BESS" ).
The Project will utilize photovoltaic (PV) panels to convert the sun's energy into electricity (direct
current, "DC"). The PV panels are electrically connected and mechanically mounted on racking
equipment made from metal framing driven into the ground. The racks are oriented in rows along a
north -south axis. These rows of panels use self -powered motors to rotate east -west following the
sun's path each day facing east in the morning, horizontal midday, and west in the afternoon. This
single axis tracking mechanism provides more megawatt hours (MWhs) of power production as
compared to a fixed -tilt racking system using a similar footprint. Additionally, most panels used on the
Project Site will be bifacial, meaning both sides of each panel are used to produce energy. This
increases total energy generation and improves plant efficiency. Sun Tribe has selected both the
bifacial panels and single axis tracking racking to maximize efficiency and, therefore, reduce the
amount of land needed to produce 8 MWs of power.
Confidential and Proprietary 13 Midway Solar
The electricity produced by the panels is collected by wires in both aboveground and underground
conduits before connecting to inverters that convert the electricity from direct current to alternating
current. The inverters are then connected through additional wiring in conduit to transformers that
step up the power to a higher voltage for transmission and interconnection to the existing electrical
grid. Inverters and transformers will bed ispersed throughout the site.
The energy storage facility includes self-contained battery enclosures, inverters, and transformers.
The battery enclosure is a rectangular container that hold stacks of batteries and include fuIly
integrated HVAC, communications, and fire suppression equipment. The container is approximately
40feet in length, 8 feet in width, and 9.5 feet in height. The battery container is electrically
connected to inverters and transformers whose purpose are described above.
All the equipment utilized for the Project will be UL listed (or equivalent) and the design will comply
with the current version of the National Electric Code. Meters, safety switches, and combiner boxes
will be utilized as necessary. The exact manufacturer and type of equipment and associated design is
subject to change based on future availability and pricing.
Interconnection
Interconnection of the Midway Solar facility will occur on the Central Virginia Electric Cooperative's
24.9kV distribution system via attachment facilities directly on the Midway Project Site. Assuch,no
additional right-of-way easements will be necessary to accommodate interconnection of the facility.
The attachment facilities consist of pole mounted electrical equipment including switches, reclosers,
and meters. The photovoltaic array and battery storage system will share a common Point of
Interconnection (POI) and associated equipment.
An interconnection request was filed with Central Virginia Electric Cooperative on August 8, 2020.
It is anticipated the interconnection studies will be completed in January 2021.
Project Site Access
Access to the Project Site will occur by a single gravel access road off Craigs Store Road. Several
small accessways wil I be installed within the Project Site boundary to allow access to all site
equipment. Minimum impact to traffic is expected during construction. Once operational, there will
be no daily staff at the Project Site, and site visits are expected to be limited to approximately two
times per month.
Vegetative Buffer
Existing mature vegetation will be utilized as buffer wherever possible on the Project Site. Any
needed additional vegetative screening is identified in AppendixAand will adhere to the
requirements set out in Chapter 18, Sec. 32.7.9.7, of the Zoning Ordinance and be no less than 20
feet in depth, utilizing double staggered rows of evergreen trees planted on center with a minimum
planting height of 4feet and achieve 8 feet in height within 3 years. Native, non-invasive species will
be utilized for all installed vegetative buffering. Vegetative buffering will be maintained throughout
the life of the Project.
Confidential and Proprietary 14 Midway Solar
Fencing and Security
All system components will be enclosed in a perimeter fencing of not -less -than 7 feet in height.
When possible, non -adjacent system component areas will be fenced individually to allow for natural
wildlife corridors through the Project Site. The fencing will serve to prevent unauthorized personnel
from entering the Project Site and will protect the system components from damage by wildlife. A
locked gate will be installed to allow for ingress and egress of authorized personnel. The security
fencing will be installed interior of vegetative buffering in areas where the security fencing may
impact the viewshed of neighboring properties.
Temporary fencing will be installed, as necessary for safety and security, during construction. Access
will be limited to authorized personnel, including designated County officials.
Signage
Safety and security signs will be located every 100 feet along the perimeter security fencing. Speed
limit signs will be posted on Project Site interior access roads. Temporary instructional or safety
signs will be posted during construction, as appropriate and necessary.
Lighting
The Applicant recognizes and appreciates the County's efforts to protect the county's dark skies. To
that end, all lighting at Midway Solar will comply with all applicable sections of the Albemarle County
Code of Ordinance (Zoning Ordinance) and will be kept to the minimum illumination necessary to
ensure the safe operation of the facility. All lighting will be designed to prevent spillover lighting and
will be arranged or shielded to reflect light away from adjoining residences and roads.
Facility Permitting
Stormwater Management Plan
Recognizing and respecting the importance of protecting our clean water sources, the Applicant will
coordinate with the County, as the designated program authority for the Virginia Stormwater
Management Program ("VSM P"), for review and approval of Midway Solar's stormwater
management plan. The Project's conceptual Stormwater Management Plan can be viewed in
Appendix A.
Erosion and Sediment Control
The Applicant places great value on the protection of Albemarle County's water and soil resources.
As such, the Applicant will ensure strict compliance with all applicable erosion and sediment control
laws and regulations. Management practices utilized on site will be designed specifically to prevent
the discharge of sediment and other pollutants into nearby streams. The Applicant will coordinate
with Albemarle County, as the designated Erosion and Sediment Control Program ("VESCP")
Authority, on submittal and review of the Project's erosion and sediment control plans. The Project's
conceptual Erosion and Sediment Control Plan can be seen in Appendix A.
Confidential and Proprietary 15 Midway Solar
Local Building and Electrical
The Applicant will adhere to all County building and electrical codes. The Applicant will coordinate
with the County to secure all applicable building and electrical permits prior to start of construction
Permit By Rule
All renewable energy generating facilities in the Commonwealth of Virginia must complete
requirements set forth under the Department of Quality Permit By Rule ("PBR") process. The PBR
process provides a streamlined method for cultural and environmental permitting of renewable
energy projects. PBR incorporates reviews from the Department of Quality (DEQ), Department of
Wildlife Resources (DWR), Department of Conservation and Recreation (DCR), and Department of
Historic Resources (DH R) to identify and mitigate potential impacts a project may have to the state's
cultural, historical, natural, and wildlife resources. Any identified impacts must be sufficiently
mitigated to receive approval under the PBR process.
The PBR process addresses 15 major points required by DEQ for approval. These points include the
completion of reviews from the DH R, DWR, and DCR, as well as assessments on air quality and
interconnection. A mitigation plan and operating plan outlining how the Applicant will avoid
environmental and cultural impacts are also required. A 30-day review and public comment period,
inclusive of a public community meeting, must occur prior to the permit submittal.
DEQ recommends submittal of the project's Notice of Intent (NOI) to complete the PBR process
after local land use approval has been secured. However, Applicant will begin initial discussions with
DEQ prior to local land use approval in order to coordinate with applicable agencies and ensure
compliance with all federal, state, and local laws and regulations.
The Applicant will submit a NOI for the Midway Solar project to DEQ if a Special Use Permit is
secured. The Applicant will update Albemarle County staff on permit progress through the PBR
process. A complete permit will be forwarded to the County once secured.
Facility Construction
Construction of the Midway Solar project is expected to take approximately six months, beginning in
early 2022, and concluding in mid-2022.
A Sun Tribe construction manager will coordinate, direct, and manage all logistical and workforce
aspects of construction of the facility. It is estimated that there will be approximately 20 personnel
on site daily during construction, with some construction activities requiring fewer personnel to be
on site. Personnel will park only in designated areas on the Project Site during construction of the
facility.
On -site construction activities fall into the following main categories:
• Civil & Environmental: Temporary erosion and sediment control Best Management Practices
(BMPs), permanent stormwater management BMPs, internal site road construction,
construction entrances and material laydown area
• Fence: Permanent fence surrounding Project Site
Confidential and Proprietary 16 Midway Solar
• Mechanical: Racking foundation piled riving, metal racking assembly, and solar panel
installation
• Electrical: Mounting of electrical equipment, trenching, and installation of conduit and wire
Materials and equipment necessary to construct Midway Solar will be manufactured off site but will
be delivered to the Project Site by truck. Trucks delivering project materials will be both staged and
unloaded on the Project Site. Major materials that may be stored on site prior to installation include
PV modules, inverters, racking, and spooled wire. Other materials arriving by truck for more
immediate installation include fencing, conduit, concrete, reinforcing steel, wire management
hardware, communication equipment, and other electrical components. A temporary gravel
construction laydown and parking area is depicted on the Conceptual Grading & SWM/ESC Plan in
Appendix A.
Construction will occur during daylight hours. If scheduling anomalies require construction activities
to occur outside of daylight hours, the Construction Manager will ensure these activities are limited
in scope and do not include activities such as delivery of materials or pile driving.
The detailed construction plan will include phasing considerations to minimize disturbed area during
construction. Construction will aim to seed or mulch disturbed areas immediately upon bringing the
site to grade and will ensure both temporary and permanent seeding and other stabilization
requirements are met. Individual erosion control measures will not be removed until approved by a
County inspector. The Project will treat drainage areas and corresponding BM Ps individually and will
aim to convert temporary devices to permanent in a strategic sequence to minimize potential impacts
resulting from individual rain events. The Project Site is divided and drains to two different receiving
channels; therefore the upstream area of disturbance is split similar to two different projects.
Facility Operations and Maintenance
Solar generating facilities such as Midway Solar are monitored and operated remotely. Thefacility
will be monitored 24/7 for performance and safety. Midway Solar's remote monitoring system will
alert project personnel of any system fault/failure. The interconnecting utility, Central Virginia
Electric Cooperative, will also have remote monitoring systems in place to notify of system
fault/failure. In the event of fault or failure, operations personnel will be dispatched to the facility to
take appropriate actions to restore the facility.
Ongoing maintenance of facility components will occur at intervals and using the protocols
prescribed by the equipment manufacturer. All maintenance activities will adhere to N FPA 70E
safety standards.
All vegetative areas in and around the Project Site will be maintained by qualified grounds
maintenance crew.
Confidential and Proprietary 17 Midway Solar
Facility Decommissioning
At the time the Project permanently ceases to operate, the Project Owner ("the Owner") will perform
decommissioning activities. The Owner will provide notification to the Zoning Administrator of the
abandonment or discontinuance of the use, and complete physical removal of the project within 6
months of abandonment. Decommissioning includes the remove all equipment and materials related
to the operation of a solar PV project, including:
• Removal of all racking, panels, and electrical equipment
• Removal of all cabling above 30"
• Removal of all above ground cabling
• Removal of all concrete foundations
• Removal of all internal roadways and fencing
Any existing vegetation and bufferingwill remain in place and disturbed areas will be covered with
topsoil. All refuse and materials will be removed from the site and disposed of according to applicable
laws and regulations. Where possible, materials will be recycled, salvaged, or reused.
Decommissioning is designed to restore the property to its condition prior to the Project's
construction.
The Applicant has developed a preliminary Decommissioning Plan. Prior to Project construction the
Owner will enter into a written agreement with the County to decommission the facility in the event
the Owner is not able to do so. This agreement will be developed in accordance with State regulation
[15.2-2241.21. The Projects Preliminary decommissioning plan can be viewed in Appendix K
Confidential and Proprietary 18 Midway Solar
Attachments
AppendixA- Contextual Plan and Area Map
Appendix B - Viewshed and Visual Simulations
Appendix C - Real Estate Impact
Appendix D - FAA Notice Criteria
Appendix E - Manufacturer's Specification Sheets
Appendix F - Hazardous Materials Review
Appendix G - Wildlife Resource Review
Appendix H - Cultural/Historical Resource Review
Appendix I - Environmental Site Assessment and Wetland Delineation
Appendix - Emergency Management Details
Appendix K - Decommissioning Plan
Appendix M - CVEC Support Letter
Confidential and Proprietary 19 Midway Solar
Appendix A - Contextual Plan and Area Map
Confidential and Proprietary I Midway Solar
Appendix B - Viewshed and Visual Simulations
Confidential and Proprietary 11 Midway Solar
Appendix C - Real Estate Impact Analysis
Confidential and Proprietary III Midway Solar
Appendix D - FAA Notice criteria
Confidential and Proprietary IV Midway Solar
Appendix E - Manufacturer's Specification Sheets
Confidential and Proprietary V Midway Solar
Appendix F - Hazardous Material Review
Confidential and Proprietary VI Midway Solar
Appendix G - Wildlife Resource Review
Confidential and Proprietary VI I Midway Solar
Appendix H - Cultural/Historical Resource Review
Confidential and Proprietary VI I I Midway Solar
Appendix I - Environmental Site Assessment and Wetland Deliniation
Confidential and Proprietary IX Midway Solar
Appendix J - Emergency Management Details
Confidential and Proprietary X Midway Solar
Appendix K - Decommissioning Plan
Confidential and Proprietary XI Midway Solar
Appendix M - CVEC Letter of Support
Confidential and Proprietary XI1 Midway Solar
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1. EXISTING INFORMATION TAKEN FROM BEST AVAILABLE RESOURCES. INFORMATION SHOWN IS
APPROXIMATE AND WILL BE VERIFIED THROUGH FURTHER INVESTIGATION AT THE APPROPRIATE
TIME AS THE PROJECT PROGRESSES.
1.1. CRITICAL SLOPES SHOWN PER ALBEMARLE COUNT( GIS.
1.2. TOPOGRAPHIC INFORMATION PER PUBLICLY AVAILABLE LIDAR DATA.
2. WETLANDS AS PER DELINEATION COMPLETED BYTIMMONS GROUP ON 09/08/2020 AND UNDER
REVIEW BY THE US ARMY CORPS OF ENGINEERS.
3. PROPOSED PLAN NOT INTENDED TO REPRESENT FINAL LAYOUT BUT INSTEAD PROVIDED TO
ILLUSTRATE MAXIMUM DEVELOPMENT EXTENTS. FURTHER DESIGN IS ANTICIPATED TO REDUCE
SCOPE WITHIN THE AREAS SHOWN. SEE SHEET B FOR CONCEPTUAL GRADING PLAN PROVIDED FOR
CONTEXT ONLY.
4. ADDITIONAL OFFSITE CONSTRUCTION (MINOR CLEARING & GRADING) AT EXISTING ENTRANCE
LOCATED OFF CRAIGS STORE ROAD.
5. TREE CLEARING LIMITS SHOWN REPRESENT MAXIMUM POTENTIAL AND ACTUAL TREE CLEARING IS
ANTICIPATED TO BE LESS THAN SHOWN. A BUFFER WILL BE ENSURED TO MITIGATE VISUAL
IMPACTS BETWEEN THE SOLAR FACILITY AND THE PROPERTY LINE ALONG THE LOCATIONS SHOWN
TO THE GREATEST PRACTICAL EXTENT. THE BUFFER WILL CONSIST OF EXISTING VEGETATION,
PROPOSED VEGETATION, OR A COMBINATION OF THE TWO.
LEGEND
PROPERTY BOUNDARY
PROPERTY SETBACK (50')
TRANSMISSION EASEMENT
EXISTING TREELINE
PROPOSED TREELINE
EXISTING CONTOUR
EXISTING STREAM/WETLAND
100' STREAM/WETLAND BUFFER
CRITICAL SLOPES
� = = � = = �
MAXIMUM LIMITS OF DISTURBANCE
EXISTING VEGETATION TO BE REMOVED
EXISTING VEGETATION TO REMAIN
AREA FOR PERIMETER VISUAL
IMPACT MITIGATION BUFFER
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PROJECTNUMBER
PROJECTNAME
CVEC MIDWAY SOLAR
OESIGNEO BY
R. HEWITT
OR'AWNBY
R. HEWITT
ISSUED FOR REVIEW
REVISIONS
k MMIDDAYY DESCRIPTION
CONCEPTUAL
LAYOUT
PLANS PRINTED AS I&S'ARE NALFSCALE
SCALE
1" =150'
SHEETNUMBER
A
\
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N
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/ EXISTING TRANSMISSION
LINE EASEMENT
47
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RE�(y6 ORANk
�� 1�Il�AI�Al7 ?\ EA
fl JJ' J^'/ / ,/ J/
_�, - - , � r� / 1, / /; ,' ; PHASING NOTES:
!/J\ �� = tE PHASII
\s f Y A „G >., r- f ; %a ./ 1. PROJECT WILL PRIORITIZE LIMITING DISTURBED AREA DURING CONSTRUCTION.
521
^i /ter>/,Irt�_
2. CONSTRUCTION WILL AIM TO SEED/MULCH DISTURBED AREAS IMMEDIATELY UPON BRINGING
AILA
' Y - THE SITE TO GRADE AND WILL ENSURE REQUIRED TEMPORARY/PERMANENT SEEDING AND
OTHER STABILIZATION REQUIREMENTS ARE MET.
tyI , �/� SS��� 3. INDIVIDUAL EROSION CONTROL MEASURES WILL NOT BE REMOVED UNTIL APPROVED BY
\ t \ _ -- , / . -y = _ % % / ` c�P�6 COUNTY INSPECTOR.
4. PROJECT WILL TREAT DRAINAGE AREAS AND CORRESPONDING BMP'S INDIVIDUALLY AND
�♦ \\\ - - _ = ' _%, = �7 f J WILL AIM TO CONVERT TEMPORARY DEVICES TO PERMANENT IN A STRATEGIC SEQUENCE TO
MINIMIZE POTENTIAL IMPACTS RESULTING FROM INDIVIDUAL RAIN STORM EVENTS.
TEMPORARY CONSTRUCTION LAYDOWN, \\ , - ,�'\' i„ 5. THE PROJECT AREA IS DIVIDED AND DRAINS TO TWO DIFFERENT RECEIVING CHANNELS AS
BATTERY STORAGE &PARKING AREA i, •' PROPOSED ENTRANCE SHOWN AND THEREFORE THE UPSTREAM AREA OF DISTURBANCE IS SPLIT SIMILAR TO TWO
00000
r a►' - l ^' AT EXISTING ACCESS DIFFERENT PROJECTS.
NOTES
1. EXISTING INFORMATION TAKEN FROM BEST AVAILABLE RESOURCES. INFORMATION SHOWN IS
APPROXIMATE AND WILL BE VERIFIED THROUGH FURTHER INVESTIGATION ATTHE APPROPRIATE TIME
AS THE PROJECT PROGRESSES.
1.1. CRITICAL SLOPES SHOWN PER ALBEMARLE COUNTY GIS.
1.2. TOPOGRAPHIC INFORMATION PER PUBLICLY AVAILABLE LIDAR DATA.
2. WETLANDS AS PER DELINEATION COMPLETED BY TIMMONS GROUP ON 09/08/2020 AND UNDER
REVIEW BY THE US ARMY CORPS OF ENGINEERS.
3. PROPOSED PLAN NOT INTENDED TO REPRESENT FINAL LAYOUT BUT INSTEAD PROVIDED TO
ILLUSTRATE AN APPROXIMATE LAYOUT AND PERMANENT BMP'S. PROVIDED FOR CONTEXT ONLY. SEE
SHEET A FOR CONCEPTUAL PLAN.
4. ADDITIONAL OFFSITE CONSTRUCTION (MINOR CLEARING & GRADING) AT EXISTING ENTRANCE
LOCATED OFF CRAIGS STORE ROAD.
5. GRADING SHOWN INTENDED TO REPRESENT PROPOSED GRADING NECESSARY FOR MEETING SOLAR
RACKING REQUIREMENTS AND IS PRELIMINARY ONLY.
6. CONCEPTUAL EROSION & SEDIMENTATION CONTROL SHOWN IS ANTICIPATED TRAPS/BASINS AND
CORRESPONDING DIVERSION DITCHES. A VARIETY OF OTHER BMP'S WILL BE IMPLEMENTED DURING
FUTURE DESIGN AND PERMITTING.
7. CONCEPTUAL STORMWATER MANAGEMENT SHOWN IS ANTICIPATED DETENTION BASINS AND
CORRESPONDING DIVERSION DITCHES. A VARIETY OF OTHER BMP'S WILL BE IMPLEMENTED DURING
FUTURE DESIGN AND PERMITTING.
8. VEGETATIVE BUFFER SHOWN AS APPROXIMATE. PLAN PROVIDED TO ENSURE A VEGETATIVE BUFFER
WILL BE IMPLEMENTED IN THE GENERAL LOCATION SHOWN WHETHER BY MAINTAINING EXISTING
VEGETATION OR BY INSTALLING NEW.
BMP SIZING TABLE
BMP
DRAINAGEAREA
(AC)
WET DEPTH
(FT)
DRY DEPTH
(FT)
LENGTH
(FT)
WIDTH
(FT)
CN
01
9
4
4
100
130
59
02
1
3
3
50
80
58
03
1
3
3
50
80
58
04
3
3
3
70
100
60
05
4
3
3
70
120
60
06
5
3
3
70
140
68
07
3
3
3
70
100
58
08
2
3
3
60
100
58
09
1
3
3
50
80
58
10
1
3
3
50
80
58
11
2
3
3
60
100
58
12
5
3
3
70
140
58
13
10
4
4
100
140
60
14
1
3
3
50
80
58
15
2
3
3
60
100
58
16
2
3
3
60
100
58
17
1
3
3
50
80
58
18
1
3
3
50
80
58
19
0.5
3
3
70
50
58
20
1
3
3
50
80
58
21
1
3
3
50
80
58
22
1
3
3
50
80
58
*basin dimensions reflect those of top of dry volume
LEGEND
PROPERTY BOUNDARY
PROPERTY SETBACK (50')
TRANSMISSION EASEMENT
EXISTING TREELIKE
PROPOSED TREELINE
EXISTING CONTOUR (21)
PROPOSED CONTOUR (21)
PROPOSED FENCE
1ff11111• I I mi [ILI
LIMITS OF DISTURBANCE
PROPOSED GRAVEL ROAD
a.ill 911161 a d tyl II11I1,11 IL w:1;l 1.11
EXISTING STREAM/WETLANO
100' STREAM/WETLANO BUFFER
CRITICAL SLOPES
VEGETATIVE BUFFER (NOTE 8)
DRAINAGE BOUNDARY
PROPOSED DETENTION BASIN
PROPOSED CULVERT
750
m 05
SCALE
0 150 300 150
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12/17/2020
PROJECTNUMBER
PROJECTNAME
CVEC MIDWAY SOLAR
DESIGNEDBY
R. HEWITT
DRAMBY
R. HEWITT
ISSUED FOR REVIEW
REVISIONS
!l MM1,9L71W DESCRIPTION
CONCEPTUAL
GRADING &
SWM/ESC PLAN
PLANS PRINTED AS T X77 ARE HALF SCALE
SCALE
T'=150'
SHEETNUMBER
B
DEQ Virginia Runoff Reduction Method New Development Compliance Spreadsheet - Version 3.0
C 2011 BMP Standards and Specifications L: 2013 Draft BMP Standards and Specifications
Project Name: Midway data input cells
Date: 12/4/2020 constant values
BMP Design Specifications List. 2013 Draft Stds & Specs calculation cells
Site Information AREA WITHIN 100'
F- WETLAND STREAM BUFFER
Post -Development Project (Treatment Volume and Loads)
�nu a.over (acresi
A Soils
B Soils
C Soils
D Soils
Totals
Forest/Open Space (acres) - undisturbed,
protected forest/open space or reforested land
34.D0
0.00
34.00
Managed Turf (acres) -- disturbed, graded for
yards or other turf to be mowed/managed
94.00
0.00
Impervious Cover (acres)
L94.00
4.00
4.00
0.00
' forest/Open Space areas must be protected in accordance with the Virginia Runoff Reduction Method
132.00
r..s..s..
Annual Rainfall (inches)
43
arget Rainfall Event inches)
1.00
otal Phosphorus (TP) EMC (mg/L)
0.26
Total Nitrogen (TN) EMC (mg/L)
1.86
Target TP Load (lb/acre/yr)
0.41
Pj (unittess correction factor)
0.90
Runoff Coefficients (Rvl
IMPERVIOUS AREA TABLE
ITEM
AREA (AC)
GRAVEL ROAD
1.9
LAYDOWN AREA
0.5
BATTERYSTORAGE
0.1
POSTS
0.3
MISCELLANEOUS
1.2
TOTAL
4.0
ASolls
BSolls
CSolis
DSolls
forest/Open Space
0.02
0.03
0.04
0.05
Managed Turf
0.15
0.20
1 0.22
0.25
Impervious Cover
0.95
0.95
1 0.95
0.95
Land Cover Summary Trnatment Volume and Nutrient Lnad,
Forest/Open Space Cover (acres)
34.00
Weighted Rv (forest)
0.03
% Forest
26%
Managed Turf Cover (acres)
94.00
Weighted Rv (turf)
0.20
%Managed Turf
71%
Impervious Cover (acres)
4.00
Rv (impervious)
0.95
%impervious
3%
Site Area (acres)
132.00
Site Rv
0.18
Treatment Volume
1.9683
(acre-ft)
Treatment Volume (cubic feet)
85,741
TP Load (Ib/yr)
53.97
TN Load (lb/yr)
Informational Purposes Only)
385.38
Sediment Basin Conversion
When a proposed stormwater facility is used initially as a temporary sediment basin,
conversion to the permanent facility should he completed after final stabilization and approval
from the appropriate erosion and sediment control authority.
Sometimes, the temporary sediment basin design criteria will require more storage volume than that
of a stormwater basin. In such cases, the extra volume may be allocated to the component of the
facility that would derive the greatest benefit from increased storage. This will depend on the primary
function of the facility (i.e., water quality enhancement, flood control., or channel erosion control).
If modifications to the riser structure are required as part of the conversion to a permanent basin, they
should be designed so that a) the structural integrity of the riser is not threatened, and b) large
construction equipment is not needed within the basin. Any heavy construction work required on the
riser should be completed during its initial installation. It is NOT recommended to install a temporary
sediment basin riser structure in the basin and then replace it with a permanent riser after final
stabilization. This may affect the structural integrity of the existing embankment and barrel_
The following additional criteria should be considered for a conversion:
I. Final elevations and a complete description of any modifications to the riser structure geometry should
be shown on the approved plans.
2. The wet storage area must be dewatered following the approved methods in VESCH, 1992 edition.
3. Sediment and other debris should be removed to a contained spoil area. Regrading of the basin may
be necessary to achieve the final design grades and to provide an adequate topsoil layer to promote
final stabilization_
4. Final modifications to the riser structure should be carefully inspected for watertight connections and
compliance with the approved plans.
5_ Final landscaping and stabilization should be per VESCH, 1992 edition, and Minimum Standard
3.05, Landscaping in this manual. Establishing vegetation may prove difficult if flow is routed
through the facility prior to germination_ In such cases, specifying sod or other reinforcements For the
basin bottom and low flow channels may be appropriate.
CONSERVED OPEN SPACE
AREA DESIGNATED AS CONSERVED OPEN SPACE SHOWN AS MINIMUM AREA
NEEDED AT THIS TIME. ADDITIONAL AREA ONSITE AVAILABLE IF NEEDED.
PERMANENT BMP NOTES:
1. PERMANENT BMP'S WILL BE SELECTED
ON A CASE BY CASE BASIS BASED ON
DRAINAGE AREA SIZE, OUTLET
CONDITIONS, AND OTHER FACTORS.
2. OUTLET DEVICE SELECTION WILL
PRIORITZE ADHERENCE TO THE STATE
AND LOCAL REGULATIONS, MINIMIZING
DISTURBANCE, AND LONG TERM
MAINTENANCE STANDARDS.
3. THIS PLAN IS PRELIMINARY AND
OTHER BMP'S MAY BE UTILIZED AS
APPROPRIATE AND AS APPROVED BY
ALBEMARLE COUNTY.
TEMPORARY SEDIMENT TRAP
STD. g SPEC. 3.13 - VA. EROSION AND SEDIMENT CONTROL HANDBOOK (1992)
'} VARIABLE
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STD. is SPEC. 3.14 - VA_ EROSION AND SEDIMENT CONTROL HANDBOOK (1992,)
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GROUND
ELEVATION
DRY STORAGE
WET STORAGE
0.5'
DEWATERING
- - •' �' DEVICE
PERMANENT DETENTION BASIN
(RISER AND/OR CULVERT OUTLET) SPILLWAY
RISER
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(DITCH OUTLET) SPILLWAY
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BATE
12/10/2020
PROJECTNUMBER
PROJECTNAME
CVEC MIDWAY SOLAR
BESIGNEBBY
R. HEWITT
BRAWNBY
R. HEWITT
I ISSUED FOR REVIEW I
REVISIONS
,C MMIDL71W OESCR/PTION
CONCEPTUAL
DETAILS &
CALCULATIONS
PLANS PRINTED AS 11x17ARE HALF SCALE
SCALE
1" =150'
SHEETNUMBER
C
Attachment D —Climate Action Plan
Adopted Oct. 7, 2020
RENEWABLE ENERGY SOURCING: STRATEGIES & ACTIONS
STRATEGIES
ID ACTIONS TIME FRAME
Enable and incentivize utility-
R.1.1 Establish a County policy clarifying this strategy to enable and immediately actionable
scale renewable energy projects
Ioceotivize utility -scale renewable energy projects,Incorporating
in the County Code and during
holistic analysis of local impacts on equity and environment.
the community development
regulatory process.
R.1.2 Review Me building, zoning, subdivision, land use. and tax sections of assess opportunities
the County Code for opportunities to better facilitate and Incentivize
renewable energy projects. Encourage and priontize the use of roof
lops. parking lots. brownfields. landfills. and post-industrial or other
open lands over forested or ecologically valuable lands.
Partner with utilities and renewable R.2.1 Develop a policy to support utility -scale renewable energy projectsinitiate planning
energy companies to increase local --- - -- --- - -- -- - -
renewableenergyandenergy R22 Support and promote programs within the 2020 Virginia Clean initiate planning
storage initiatives. Economy Act and Governor's Executive Order k43; including Regional
Greenhouse Gas Initiative (RGGR. Renewable Energy Portfolio
Standards, Power Purchase Agreements. net -metering, and shared/
multifamily solar.
R.2.3 Conduct a study in cooperation with renewable energy companies
to identify locations for utility scale projects in Albemarle County
Prioritize the use of roof tops, parking lots, brownfields, landfills,
and post-industrial or other open lands over forested or ecologically
valuable lantls_
R.2.4 Provide financial incentives to promote private renewable energy
investments.
Invest in utility -scale renewable
R.3.1 Assess issuing a Request for Proposal (RFP) for a renewable Power
energy and energy storage to meet
Purchase Agreement (PPA).
energy needs of local government
--- - - - -- -
operationsasallowedunderVirginia
R.3.2 Partner with utility companies to research energy storage systems and
code.
make recommendation for County -owned facilities including vehide-to-
grid and battery storage options.
assess opportunities
assess opportunities
initiate planning
assess opportunities
A. —le Caunq Clloo. Acl'un Nan 137
STRATEGIES
ID
ACTIONS
Promote and facilitate investment in
R 4.1
Assess financing mechanisms applicable to utility scale renewable
utility -scale renewable energy by the
energy.
private sector
R.4.2
Assess funding opportunities to support a Clean Energy Loan Fund
program applicable to utility scale renewable energy.
Increase community awareness
R.5.1
Develop a multi -media informational campaign: as appropriate. partner with
about utilityscalerenewable
other local government agencies. educational institutions.non -profits. and
energy.
utilities.
R.5.2
Support community efforts to share information about utility scale
renewable energy.
R.5.3
Increase informational programs on renewable energy generation and
climate change for local government and public school staff.
R.5.4
Increase access to information and resources on renewable energy
generation and climate change for teachers and students in public schools.
Advocate for Virginia legislative
R.6,1
Align County Board of Supervisor's legislative priorities with those of
actions to support utility -scale
other agencies influencing the state legislature. e.g. Virginia Association of
renewable energy.
Counties and Virginia Municipal League.
TIME FRAME
assess opportunities
assess opportunities
initiate planning
initiate planning
initiate planning
initiate planning
initiate planning
Rooftop sole, installation at Baker Bulk, Elementary Rooftopsob,instielaton at Mary Can Geer Elementary School Rooftop solar installation of B,ownsvilk Elementary
School in Albemarle Coon, in Albemarle County School o Albemork Counly.
381 All,murle county Climate Acnon Plan
GOAL
Increase renewable energy generation capacity to the electrical grid system.
The electrical grid is an interconnected network
for delivering electricity from producers to
consumers across a region. The portion of the
regional grid within Albemarle County is regu-
lated by the Virginia State Corporation Com-
mission and operated by two investor -owned
companies —Dominion Power and Appalachian
Power Company —and two member -owned co.
operatives —Central Virginia Electric Coopera-
dve and Rappahannock Electric Cooperative.
While over half the energy produced in Virginia
is derived from burning natural gas, less than
1%currently comes from solar and wind °}
There are presently no utility -scale renewable
energy systems located in Albemarle Coun-
ty. However, the Albemarle County Board of
Supervisors has provided a path forward for
utility -scale solar projects in the county via a
Special Use Permit and has approved its first
project.
The County will support the development of
local renewable energy by improving local land
use policies and practices, supporting Virginia
legislation that facilitates expansion in the re-
newable energy sector, pursuing utility -scale
investments to provide energy for County op-
erations. and supporting the programs and ini-
tiatives of local utilities and renewable energy
developers when there are public benefits. In
supporting renewable energy projects at the
utility scale, the County will also strive to maim
tain a holistic perspective that accounts for po.
tential climate benefits and the health of our
361 Aiiem nCeont ClimateAOo elan
local ecosystem. In doing so, we will prioritize
roof tops, parking lots, brownfields, landfills,
and post-industrial or other open lands over
forested or ecologically valuable lands for sit-
ing utility -scale renewable energy installations.
CO -BENEFITS
Renewable energy sourcing on a utility scale
brings a number of benefits. some of which are
shared with the installation of on -site renew.
able energy generation (see Buildings). Renew-
able energy utility construction and mainte-
nance creates jobs in the clean energy sector
that are inherently based locally or regionally.
Local community renewable generation (e.g.,
solar gardens) can increase the electricity-gen.
eration capacity of the regional grid and bolster
the resilience of the electric grid when demand
is high or when storms damage transmission
lines. In some cases. renewable energy genera-
tion can provide a supplemental income source
for large landowners who lease part of their
property to a local utility to build and operate
renewable energy systems.
EQUITY
Potential benefits to equity from utility -scale
renewable energy generation can include the
creation of green jobs and, in the case of com-
munity solar, energy independence. As power
generation transitions from polluting and emis.
sions-producing fossil fuels to clean, renewable
energy, many good jobs will be created. Policies
can encourage and incentivize equity in proj-
ect bids so that businesses owned by women
and people of color are equitably represented.
Where local communities can start commu-
nity -scale renewable energy generation, they
may be able to gain greater energy indepen-
dence and resilience in the face of power out-
ages from weather events and demand spikes
due to climate change.
Access to renewable energy among historical-
ly marginalized communities is key to realizing
the benefits equitably. 'Decisions regarding
where renewable energy is built, who has ac-
cess to it, and who is hired to construct it. af-
fect whether the energy system is equitable."
If support for renewable energy projects fo.
cuses on areas where affluent populations are
likely to benefit first, existing inequities will be
worsened. Consulting historically marginalized
communities will be crucial to an equitable re-
newable energy transition, given a long history
of siting pollution -heavy utilities close to lower
income communities and communities of color,
adversely affecting health and quality of life.-
The Green Grannies of Charlottesville
480 Rio Road East
Charlottesville, VA 22901
Albemarle Planning Commission
401 McIntire Road
Charlottesville, VA 229M
Dear Members of the Albemarle Planning Commission:
On behalf of the Green Grannies of Charlottesville [some of whom reside in Albemarle Country) we wish
to encourage you to support the solar farm instillation near Batesville. The Green Grannies of
Charlottesville are an environmental group of elders who wish to promote alternative forms of energy
by educating, energizing and entertaining our community about the perils of climate change and what
will happen if we don't act now. As elders we want change now, so that our children and grandchildren
can still live on this planet after we are gone. The installation near Batesville is a wonderful step forward
in helping our community become less dependent on fossil fuels. We take our hats off to sun Tribe
Solar for perusing this bold and appropriate plan and hope that this is just the first of many such projects
in Albemarle County. We appreciate all that the Planning Commission has done to help propel
Albemarle County to be a leader in changing the course we are currently on. Thank you and please vote
yes for the Solar Farm near Batesville.
The Green Gra vies of Charlottesville
To: Albemarle County Planning Commission
Re: Midway Solar Project
First, I am in favor of the clean energy produced by solar power. After some research I now understand
there are adverse effects of solar power. They are associated with land use, water use, soil erosion,
habitat loss, interference with migrations, and the toxic materials used in the manufacture of solar
panels. I think careful analysis is necessary to determine the proper location for a large size solar
industrial complex.
There are environmental problems associated with solar panels. The toxic chemicals in solar panels
include cadmium telluride, copper indium selenide, cadmium gallium selenide, hexafluoroethane, lead,
polyvinyl fluoride, and Silicon tetrachloride. These chemicals may or may not prove to be a problem
during the life of the panels. But a crack in a panel due to storm damage or time would allow rainwater
penetration to leach the chemicals out into the soil and eventually our water sources. There is not
enough oversite to monitor cracks in >30,000 panels. Apparently cracks are common. Currently there
are no regulations in place for end of life disposal. 78 million tons of solar bulking waste is projected by
2050. We need a clearly stated plan of disposal for this project. And an alternate plan is needed in case
Sun Tribe Solar is no longer in business in 25 years.
Storm Water Analysis Plan. I would like to see this plan available to the public. Both the plan during
destruction and construction period as well as the long term plan for storm water management. The
Mechums River is on the proposed Solar Project property. The Mechums River is listed as "impaired"
status with significant sediment load. Solar panels have an impervious surface. Rainwater will run off,
unable to soak in the ground. This creates a loss of groundwater recharge, increased storm water runoff,
erosion. I hope the plan is not to push the water back into the Mechums River and her tributaries.
Runoff must be mitigated. The water should be clean. The runoff should have low or no impact. There
needs to be ongoing monitoring to enforce the storm water requirements, especially water quality.
Our driveway is in a 100 year flood plan on Batesville Rd. The flooding occurs from a tributary creek
which comes to us along the North side of Craigs Store Rd. as it feeds into the Mechums River on
Batesville Road. This would be a tremendous problem and expense for residents on River Hill Lane if
drainage from the solar farm makes it's was to this tributary. I would like assurance this will not be the
case.
My property is adjacent to the proposed project to the NE. I am on high ground so I will have a view of
the solar complex. I do believe this project will have an impact on my property value. In Rhode Island, it
was reported houses within 1 mile of the solar farm saw 5% reduction in their home values. I certainly
know it will be shocking to see a large industrial complex sitting in the middle of heaven on earth.
Padma (Alma) Ball
6809 River Hill Lane
From: Carolyn Graves <cgraves52 @comcast. net>
Sent: Thursday, April 8, 2021 10:29 AM
To: Bill Fritz <BFRITZ@albemarle.org>
Subject: RE: SP 2021-01 Midway Solar
CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on
links or open attachments unless you are sure the content is safe.
Good Morning Mr. Fritz: Regarding the Midway Solar Project Proposal near Batesville, my property sits
below the project near Craigs Store Road. I would like to address a few concerns regarding the
proposed project. When we have heavy rains there is a large amount of run off that comes from above
my property resulting in the small stream located behind my house to overflow. If the trees and
underbrush that is now on the hillside above are removed I am concerned there will be even more run
off resulting in a larger amount of water flowing into the stream. Also in articles that I have read there is
something called "Cadmium Telluride" which is a substance that is in the panels of the solar panels and
should they break or become damaged that substance can leach out into the water supply. Our
neighbor Mrs. Williams had sent an email earlierto you regarding her concern for the watershed supply
being damaged and this is a major concern also the fact that we all have well water that we do not want
to become damaged. There are also articles stating the toxic waste the solar panels can produce after
there lifespan has ended. I understand the normal life cycle for the solar farms are around 25 to 30
years, during which time they will need to be maintained on a regular basis "hopefully". What will
happen to the panels once there lifespan is ended, I have heard horror stories about SOLAR
GRAVEYARDS where they are just left and we cannot dump them into the landfills. All of these concerns
should in my opinion add up to not approving the solar farm in this area, we will be damaging the
wildlife, the water supply, the landscape and least but not less the value of our property will most likely
go down. We ask that you give much thought before giving an OK to this project as it will be effecting
many aspects of life in our neighborhood.
Thank you for your time, Carolyn Graves
From: Napier, Elizabeth <enapier@middlebury.edu>
Sent: Thursday, April 8, 20214:12 PM
To: Bill Fritz <BFRITZ@albemarle.org>
Cc: Barbara Ryder <tisryder@gmail.com>; Mary Ryder <maryrydercullin@gmail.com>
Subject: Re: SP 2021-01 Midway Solar
CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on
links or open attachments unless you are sure the content is safe.
Dear Mr. Fritz,
We would be grateful if you would include the following comments and questions in the packet for the
Planning Commission meeting scheduled for April 20.
We write in regard to the proposed Midway Solar Project on Route 635 in Batesville. We are an abutting
property owner (across the road and to the south, parcel id no. 8500-00-00-00400). We were not all able
to attend the meeting on February 23 and to speak at the meeting on March 16. Would you be kind
enough to discuss and to request that SunTribe address the following questions in detail?
1. Describe light mitigation plans at and around the site. If lighting will be limited to times of
maintenance and maintenance will be limited to daytime hours, what kind of lighting specifically
is SunTribe requesting approval for? Bird migration is negatively impacted by artificial light, and
we ask the committee to provide evidence that such adverse effects will not be introduced by this
project.
2. Describe noise mitigation plans at the site.
3. Describe screening plans to preserve views from higher elevations (on housing lots higher up
Burnt Mountain). We are concerned about probable negative impact on the values of adjoining
properties, the viewsheds of which may be significantly compromised by this project.
4. Specify construction hours and days as well as duration while project is underway.
5. We are concerned about the plan to "stabilize" as opposed to reforest the area of the installation
after the project is decommissioned. Such a decision could have a negative impact both
aesthetically and on wildlife. We would urge the committee to consider whether reforestation
would be an appropriate condition to levy in accordance with appropriate guidelines for the area
and to provide evidence if it is not considered appropriate.
6. We would like to request a formal visibility analysis for our property as well as a visual
simulation from representative parts of our property.
Thank you for considering our questions.
Sincerely,
Elizabeth Ryder Napier
Barbara Ryder Studholme
Mary Ryder Cullin
1521 Craigs Store Road
Afton
From: Sara Tueting <tueting6@gmail.com>
Sent: Tuesday, March 16, 20214:56 PM
To: Agricultural Forestal District Committee<AgriculturalForestalDistrictCommittee@albemarle.org>
Cc: Bill Fritz <BFRITZ@albemarle.org>
Subject: Tonight's meeting, 3/16/2021
CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on
links or open attachments unless you are sure the content is safe.
Dear AFD committee members:
My family and immediate neighbors are opposed to two items on your agenda for tonight's
meeting: Central Virginia Electric Cooperatives and SunTribe Solar's proposal to install a
solar generating facility off Craig's Store Road, and the special use request for a day camp on the Haupt
property off Batesville Road.
As a homeowner whose property immediately abuts the proposed location of the solar generating
facility, my family and I are frankly outraged that you would allow this facility to be constructed in this
location. We purchased our property nearly 20 years ago, in part because the land behind us was in a
forest conservation district. Why would the county have designated that area as a forest conservation
district if not to preserve the important rural nature of the area? This property is home to Virginia pines
and a host of bird species, including pileated woodpeckers.
We have many concerns about this proposal, including the detrimental effect it will have on our
property values, the noise the construction will create, as well as the damage to the watershed and our
own property created by runoff to the Meecham River and nearby streams. The proposed site is at the
top of the hill, so it sits higher than my home. We do not want to see 12-foot high chain link fencing and
have our night skies ruined by the proposed security lighting. The vegetative buffer zone and plantings
that have been proposed by Solar Tribe are inadequate at best. County staff have noted that the project
may be visible from the Batesville Historic District, which is one mile from my home. So how visible will
it be to someone whose house is less than 1,000 feet from the actual panels? How big are these things
going to be?
I do not understand why you would throw your support behind a plan that calls for the destruction of
forest in an area that for years has been considered important enough to conserve. Access to the site is
limited, and Craig's Store Road is narrow and winding-- not the safest route for large trucks and
motorists, even if you approach the site from the west off Route 151.
We have discussed this proposal with a representative of the Piedmont Environmental Council, and he
said his group has reservations about the plan, in part because of concerns about runoff from the site
and the fact that this area is considered high -quality agricultural land. As county personnel have pointed
out, this would be the first such project of its kind within the drinking water supply watershed. Is this
wise, or even necessary?
We are not opposed to solar, but we absolutely do not support developing industrial solar projects on
rural and agricultural land. If the site was zoned for commercial or industrial development, this would
be an entirely different matter.
Finally, the plan to allow a special use permit for a day camp along Batesville Road is a cause for serious
concern because of the potential traffic and noise. Much of Batesville Road isn't paved, nor is it wide
enough for two vehicles to pass comfortably.
We would ask that you not support these proposals.
Best regards,
Sara Tueting
1832 Craigs Store Road
PO Box 194
Batesville, VA 22924
From: Elizabeth Gathright <elcgathright@gmail.com>
Sent: Friday, February 26, 2021 1:55 PM
To: Bill Fritz <BFRITZ@albemarle.org>
Subject: Sun Tribe
CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on
links or open attachments unless you are sure the content is safe.
Sounds good to me. There are a lot of possible neighbors I would rather NOT have.
From: Elizabeth K Williams <ekw777@gmail.com>
Sent: Monday, March 1, 202112:29 PM
To: Bill Fritz <BFRITZ@albemarle.org>
Cc: Bobby Jocz <bobby.jocz@suntribedevelopment.com>; Brad Daniel <brad_daniel@yahoo.com>;
Carolyn Graves <cgraves52@comcast.net>; Christopher Hawk <chawk@pecva.org>; CVEC
(acotter@mycvec.com) <acotter@mycvec.com>; Debi Winstead <dewinstead724@gmail.com>; Douglas
Gellman <dzg@hotmail.com>; Elizabeth Gathright <elcgathright@gmail.com>; Holmes C. Brown
<orkney1942@gmail.com>; James Clark <refrep402@gmail.com>; Jane Fellows
<dancingdeer.fellows@gmail.com>; Jim Andrews <andrewsjames@gmail.com>; Karen Firehock
<kfirehock@albemarle.org>; Kevin Winstead <klw13517@gmail.com>; Kimberley Goossens
<eddress@mac.com>; Kristin Jones <kejonesl907@gmail.com>; Lisa Martin
<lisamartinbooks@gmail.com>; Liz Palmer <Ipalmer@albemarle.org>; Mark Tueting
<mtueting@harrisonburg.kl2.va.us>; Marla Muntner <mmuntner@gmail.com>; Mlke Stanton
<Mike.Stanton@suntribedevelopment.com>; Padma Ball <pba11749@gmail.com>; Richard Keffert
<richard.keffert@gmail.com>; Sara Tueting <tueting6@gmail.com>; Sharon Root
<sha ronrtl @gmail.com>
Subject: Re: SP 2021-01 Midway Solar
CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on
links or open attachments unless you are sure the content is safe.
Hi Bill,
Thank you for keeping us informed about the Midway Solar project.
I applaud CVEC for going solar.
My property, 6793 River Hill Lane, is on the Mechums and close to the proposed property via the CVEC
powerline right-of-way. I've lived here for 36 years.
I am happy to support the location of this proposal, yet i have 3 concerns regarding environmental
impacts of the project.
First, many solar farms are a source of increased runoff if the panels are low to the ground and sit on
gravel rather than field grasses etc. which is documented to increase runoff substantially. (One
suggestion is to create swales to catch the runoff before it reaches the river so that sedimentation can
be "caught'. Another. is to place the panels high enough so that there room for grasses etc beneath and
room for mowing or bushhogging if necessary.) Albemarle county does not need another80 acres of
degraded habitat.
As you may know, this section of the Mechums has a poor pollution rating due to sedimentation. To
worsen sedimentation would be disastrous to the health of the Mechums.
Also, how would the construction of the solar farm, the construction of the storage unit and the
proposed public park effect the Mechums?
Historically, this property has been a source of degradation of the Mechums River in at least 2 major
ways. Large parts used to be a beautiful mature forest that was logged and replaced with a monoculture
tree farm some 20 plus years ago. The loggers used poor erosion control techniques, even driving large
machinery and logging trucks thru the Mechums.
And there were cows on the property that were not fenced from the river banks and routinely damaged
the banks.
A second concern would be the plantings for visual and noise control.
We should get a commitment to use only native plants, local to this area.
Third, light pollution is harmful to insects and birds. With the very large deer population in this area, I
would suggest on/off switchrs for the lights rather than motion sensor lights, which would likely be
going on and off all night.
Also, the option of public access to the Mechums is a great idea. It would also be an opportunity to
educate the public about the importance of our fresh water ways, and how to protect and maintain
them.
Thank you again.
Sincerely,
Elizabeth K William's
6793 River Hill Lane. Afton, Va
[mailing address: 915 Locust Ln, Charlottesville, VA 22901]
To: Agricultural Forestal District Committee members
Bill Fritz
Scott Clark
Carolyn Shaffer
Vivian Groeschel
From: Phil and Jane Fellows
Date: March 15, 2021
Re: Special Use Permit for Midway Solar/ Suntribe
To Whom It May Concern:
We would like to take this opportunity to share our thoughts and concerns regarding this
project.
Our primary concern is that views of the commercial solar operation from our property or from
Thunder Ridge Road will have a negative impact on our property values.
Regarding other issues and ideas that were discussed at the community zoom meeting, we
prefer that no public access or walking trails be made available to the community. We believe
this increased traffic is not advantageous to the river or to surrounding properties, including
our own. We do not want increased traffic on our property.
We prefer the site be planted in native, wildlife supporting habitat rather than be used for
grazing livestock.
Thank you very much,
Phil and Jane Fellows
4�OR AL
County of Albemarle
COMMUNITY DEVELOPMENT DEPARTMENT
v�RGIN�'
May 7, 2021
RobertJocz
Sun Tribe Development
300 East Main Street, Suite 200
Charlottesville VA 22902
bobby. iocz(Dsuntribedevelopment.com
RE: SP202100001 Midway Solar Project Action Letter
Dear Mr. Jocz
401 McIntire Road, North Wing
Charlottesville, VA 22902-4579
Telephone:434-296-5832
W W W.ALBEMARLE.ORG
The Albemarle County Planning Commission, at its meeting on April 20, 2021, recommended approval by a vote of 6:0 of
the above noted petition with conditions outline in the staff report, and an additional condition to minimize disturbance of
prime soils.
The Planning Commission recommended approval by a vote of 6:0, that the above noted petition is in compliance with the
Comprehensive Plan.
Listed are the following recommended conditions of approval:
Development and use shall be in general accord with the plans prepared by Hewitt Solutions, PLLC titled
"Central Virginia Electric Cooperative Midway Solar Project" dated December 17, 2020 (hereinafter "Concept
Plan") and included as Attachment C, as determined by the Director of Planning and the Zoning Administrator.
To be in general accord with the Concept Plan, development and use shall reflect the following major elements
as shown on the Concept Plan:
a) Location of solar development envelopes,
b) Location of equipment yard, and
c) Retention of wooded vegetation in stream buffers
Land disturbance, which includes but is not limited to grading, excavation, filling of land, the felling of trees, and
the removal of tree stumps, shall be limited to the areas within the proposed fence area as shown on the
Concept Plan. The location of the proposed entrance and access to the solar facility shall not be subject to this
condition.
Minor modifications, with the approval of the Zoning Administrator and the Director of Planning, to the Concept
Plan that do not otherwise conflict with the elements listed above may be made to ensure compliance with the
Zoning Ordinance, and State or Federal laws.
2. Landscaping and screening shall be substantially the same as shown on the plans prepared by Hewitt
Solutions, PLLC titled "Central Virginia Electric Cooperative Midway Solar Project' dated December 17, 2020
(hereinafter "Concept Plan") and included as Attachment C, as determined by the Director of Planning and the
Zoning Administrator.
All inverters and solar panels shall be set back at least one hundred (100) feet from property lines and rights -of -
way.
4. The applicant shall submit a decommissioning and site rehabilitation plan (hereinafter
"Decommissioning Plan") with the building permit application that shall include the following items:
a. A description of any (e.g. lease) with the landowners regarding decommissioning;
b. The identification of the party currently responsible for decommissioning;
C. The types of panels and material specifications being utilized at the site;
Cl. Standard procedures for removal of facilities and site rehabilitation, including recompacting and reseeding;
e. An estimate of all costs for the removal and disposal of solar panels, structures, cabling, electrical
components, roads, fencing, and any other associated facilities above ground or up to thirty-six (36) inches
below grade or down to bedrock, whichever is less; and
T. An estimate of all costs associated with rehabilitation of the site.
g. Provisions to recycle materials to the maximum extent possible.
The Decommissioning Plan shall be prepared by a third -party engineer and must be signed off by the
party responsible for decommissioning, and all landowners of the property included in the project. The
Decommissioning Plan shall be subject to review and approval by the County Attorney and County
Engineer and shall be in a form and style so that it may be recorded in the office of the Circuit Court of the
County of Albemarle.
5. Prior to issuance of a grading permit, the Decommissioning Plan shall be recorded by the applicant in the
office of the Circuit Court of the County of Albemarle.
6. The Decommissioning Plan and estimated costs shall be updated every five years, upon change of ownership
of either the property or the project's owner, or upon written request from the Zoning Administrator. Any
changes or updates to the Decommissioning Plan shall be recorded in the office of the Circuit Court of the
County of Albemarle.
7. The Zoning Administrator shall be notified in writing within 30 days of the abandonment or discontinuance of
the use,
8. All physical improvements, materials, and equipment (including fencing) related to solar energy generation,
both above ground and underground, shall be removed entirely, and the site shall be rehabilitated as
described in the Decommissioning Plan, within 180 days of the abandonment or discontinuance of the use. In
the event that a piece of an underground component breaks off or is otherwise unrecoverable from the
surface, that piece shall be excavated to a depth of at least 36 inches below the ground surface.
9. If the use, structure, or activity for which this special use permit is issued is not commenced by DATE 3 YEARS
AFTER APPROVAL BY THE BOARD OF SUPERVISORS, the permit shall be deemed abandoned and the
authority granted thereunder shall thereupon terminate.
10. The facility shall be meet the requirements contained in Chapter 18, Section 4.14 of the County Code.
11. Products used to clean panels are limited to water, and biodegradable cleaning products.
12. No above ground wires except for those associated with the panels and attached to the panel support structure
and those associated with tying into the existing overhead transmission wires.
13. Prior to activation of the site the applicant shall provide training Fire/Rescue. This training shall include
documentation of onsite materials and equipment, proper firefighting and life saving procedures and material
handling procedures.
14. The property owner shall grant the Zoning Administrator, or designee, access to the facility for inspection purposes
within 30 days of the Zoning Administrator requesting access.
15. Outdoor lighting for the facility shall be permitted only during maintenance periods; regardless of the lumens
emitted, each outdoor Iuminaire shall be fully shielded as required by section 4.17; provided that these restrictions
shall not apply to any outdoor lighting required by state or federal law.
16. Plantings for screening shall be include a minimum of three species type taken from the Albemarle County
Recommended Plants List or as may be approved by the Agent. Species shall be dispersed throughout the site.
17. Construction/truck traffic shall access this property from the west and not from Batesville. This limitation does not
apply to passenger vehicles and pickup type vehicles.
18. The applicant make every effort to avoid removal or disturbance of prime agricultural soils as depicted on the
map provided with the application.
If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me at
(434) 296-5832 ext 3242 or email bfritzCa)albemarle.org
Sincerely,
William D. Fritz, AICP
Development Process Manager/Ombudsman
Cc. Central Virginia Electric Cooperative
PO Box 247
Lovingston VA 22949
acotter(&mvcvec.com
Albemarle County Planning Commission
FINAL Minutes April 20, 2021
The Albemarle County Planning Commission held a public hearing on Tuesday, April 20, 2021 at
6:00 P.M.
Members attending were Julian Bivins, Chair; Karen Firehock, Vice -Chair; Rick Randolph; Daniel
Bailey; Corey Clayborne; Tim Keller; and Luis Carrazana, UVA representative.
Members absent: Jennie More.
Other officials present were William Fritz; Scott Clark; Charles Rapp, Director of Planning; Andy
Herrick, County Attorney's Office; and Carolyn Shaffer, Clerk to the Planning Commission.
Call to Order and Establish Quorum
Mr. Bivins said the meeting was being held pursuant to and in compliance with Ordinance No. 20-
A(16), "An Ordinance to Ensure the Continuity of Government During the COVID-19 Disaster."
He said opportunities for the public to access and participate in the electronic meeting will be
posted at www.albemarle.oro on the Community County Calendar, when available.
Ms. Shaffer called the roll. All Commissioners indicated their presence except for Ms. More, who
was absent.
Mr. Bivins established a quorum.
Other Matters Not Listed on the Agenda from the Public
There were none.
Public Hearings
b. SP202100001 Midway Solar Project
Mr. Fritz shared his screen. He said this application was located southwest of Batesville, and he
had highlighted the parcel to see the County line just appearing in the lower left-hand corner of
the screen to give an idea of where the property was on Craigs Store Road. Mr. Fritz explained
that the map showed the location of the agricultural forestal districts in the immediate area. He
said the property was adjacent to an agricultural forestal district. He said the project was reviewed
by the AFD on March 16, and by a vote of 6:1, the committee found that the proposal does not
conflict with the purposes of the district. Mr. Fritz said the map also showed the location of the
Batesville Historic District, and the closest point of that was about a half -mile to the northeast.
Mr. Fritz stated that this was an application for an eight -megawatt photovoltaic system with a four -
megawatt battery energy storage system occupying about 80 acres of a 136-acre parcel. He said
this proposal does not require any upgrading of the distribution system and does not expand the
CVEC service area, and the power produced by this facility would be distributed throughout the
CVE system in the same manner as power generated by any other generation source. He said
that solar systems by their very nature must be located on relatively large, open, gently sloping
areas with access to power transmission lines. He showed a photo demonstrating that some of
ALBEMARLE COUNTY PLANNING COMMISSION
FINAL MINUTES - April 20, 2021
the site was already open, and a power line crosses the property. He explained that the wooded
area on this property was not a natural forest; it was planted pine.
Mr. Fritz said he had taken the conceptual plan submitted by the applicant and had modified it so
that it would be easier to understand. He showed the portions of the site that are currently wooded.
He demonstrated the area that would be cleared to accommodate the solar panels. He
demonstrated how much of the site would be cleared to do that and how much of the site would
stay wooded. He also demonstrated the area outlined for the battery. He said the batteries are
housed in a structure that could be described as not unlike a shipping container in terms of its
size and dimensions. He said the batteries provide power when the panels are shaded; for
example, it allows the flow of energy from the site to be maintained as clouds pass by to prevent
surges and drops in power and peaks in power from the facility and also allows for some power
to be supplied during peak demand.
Mr. Fritz said he wanted to point this out because it was an issue in some previous discussions
with the public. He demonstrated the access and said the plan as originally submitted showed the
access on an adjacent property. He said the applicant had done additional survey work (which
was available), and the access is in fact not on adjacent property; it is entirely on the CVEC
property. He said it is important to point out that if this special use permit is approved, the access
for the site cannot be located on adjacent property; it must be located on a CVEC property. He
said this was not a major issue but simply a point of clarification.
Mr. Fritz said that there was a virtual community meeting that was held in February, and they had
37 attendees. He said the comments received included concerns about lighting, statements in
support of grazing opportunities on the site, providing public trail access along Mechums River,
visual impacts, property value impacts, decommissioning and recycling of decommissioned
materials, and construction access.
Mr. Fritz referred the Commissioners to the staff report and said he would be happy to answer
any questions. He said he just wanted to point out that this special use permit and all special use
permits are evaluated for compliance with the provisions of the zoning ordinance. He said the
zoning ordinance contains review criteria for special use permits. He said the ordinance does not
contain any specific regulations for utility scale solar, so this special use permit was reviewed
solely against criteria that all special use permits are reviewed against. He said this request was
also reviewed for compliance with the comprehensive plan. He said the Commission would need
to take two actions, and he had motions prepared for either approval or denial. He said action
would need to be taken on the special use permit and an action taken to either find it substantially
in compliance or not substantially in compliance with the comprehensive plan. He said only the
Planning Commission takes that action; the Board does not take the action on compliance with
the comprehensive plan issue, though it does take action on the special use permit.
Mr. Fritz said that there were some issues that he thought were important for the Planning
Commission to talk about. He said the results of the review did allow staff to recommend approval,
and he said he was not going to discuss all of the findings that were made supportive of this
project as they are contained in the staff report, but they have identified some concerns that they
believe should be considered by the Planning Commission and ultimately by the Board of
Supervisors.
Mr. Fritz said staff evaluated the soils on this property, and based on the USDA soil survey, about
33% of the site was prime soil. He said these soils are somewhat scattered throughout the site;
ALBEMARLE COUNTY PLANNING COMMISSION 2
FINAL MINUTES - April 20, 2021
there are no unique soils located on the property. He did point out that the decommissioning plan
would allow the property to be used for agricultural and forestal use in the future; this project
would remove prime soils from use, and after decommissioning, the quality of the soils would
likely not be as good as they are now. He said the soils by the Mechums River would not be
disturbed and some of the soils in the upper portion of the property would also not be disturbed;
the biggest area is really that central area.
Mr. Fritz said the applicant had submitted some visual simulations, and this was an example of
the type of information contained in those visual simulations. Mr. Fritz explained that the photo in
the upper left showed a representation of the facility at the time of installation, and the example
in the lower right showed a representation of the site with screening. He said they had analyzed
the information and agree that screening trees would provide substantial screening at maturity;
however, this screening would not be in place at day one, and there would be visibility for a
number of years as the screening takes hold and matures. He said until the screening becomes
fully effective, this facility would change the character of the area. He said this would be mitigated
as the trees grow and eliminated once the facility was removed, but removal would not occur for
several decades. He said this facility is located in the watershed of the South Fork Rivanna
Reservoir, which is a drinking water impoundment. He said the staff report went into detail with
the concern staff has with this type of facility in the reservoir watershed, and he would provide a
brief outline of the comments.
Mr. Fritz said the introduction of impervious area not associated with agricultural or forestal activity
may be considered inconsistent with the comprehensive plan. He demonstrated a photo showing
how solar panels are installed. He said the solar panels themselves are impervious; however, the
area under the panels remains pervious. He said this arrangement would likely result in less runoff
than would be expected from a fully impervious development such as a barn, house, or
greenhouse; however, runoff would be greater than the existing condition of the site due to the
concentration of runoff caused by the panels. He pointed out that unlike other projects with
impervious areas, this project might ultimately be decommissioned and returned to the previous
condition; unlike impervious areas involving streets and parking, the impervious area from the
solar panels does not collect oil, grease, rubber, or other pollutants that ultimately run off. He said
that cleaning of the panels was done by rainfall or if rainfall is insufficient is accomplished by water
brought in by truck and brush. He said that chemicals were not used in the cleaning of dust, pollen,
or bird droppings from the panels. He said it was staff's opinion that the impervious nature of the
proposed facility was mitigated, and this allowed them to recommend approval, but they do have
concerns where they believe that the impervious nature of the facility is mitigated because of
grass under the panels maintaining a pervious area; the use of tracking systems for the panels
alters the angle of the dripline of the panels and helps to prevent concentrated flow; the rows of
panels are separated to prevent shading and to allow access. He said this separation allows for
pervious areas scattered throughout the site, and this aids in runoff absorption. Mr. Fritz said the
impervious nature of these panels was less than that from greenhouses or other agricultural
buildings, and decommissioning would return the property to its previous state.
Mr. Fritz said they are recommending approval of this project subject to conditions. He said he
would be happy to answer any questions.
Mr. Jocz introduced himself and asked to share a PowerPoint presentation. He said he was
pleased to present to the Commissioners for their consideration the Midway Solar Center project.
He said in addition to himself, the project developer for the Midway project, they had Mr. Danny
Van Clief, CEO; Mr. Mike Stanton, Vice President of Development; Ms. Becca Stoner,
ALBEMARLE COUNTY PLANNING COMMISSION
FINAL MINUTES - April 20, 2021
Development Engineer for the project; and also Mr. Andrew Cotter, who is a Power Portfolio
Specialist for CVEC, who would ultimately be the power purchaser and user of the energy from
this facility. Mr. Jocz said that in addition, they had two subject matter experts with them, Mr. Rich
Kirkland and Mr. Ricky Hewitt, who would provide input as needed.
Mr. Jocz summarized Sun Tribe as a commercial and utility -scale solar provider established and
based in Charlottesville, Virginia. He said they work with schools, local governments, landowners,
and local partners throughout the Commonwealth to provide sustainable solar solutions and
advance their partners' renewable energy goals. He said that being located in Charlottesville with
many of their employees rooted in Albemarle County and surrounding communities, it is a unique
opportunity and a privilege for them to be able to have the opportunity to develop a project like
this in their own back yard, and they did not take this responsibility lightly. He said they really
strived on development of this project to do it the right way, and their reputation as a community -
focused developer is important to them, and delivering a community -focused project is a priority.
He said they were also excited to be partnering in these projects with a similarly minded
community -focused company such as the Central Virginia Electric Cooperative. He said he was
there to talk a little bit about CVEC's goals and how this project fits within their portfolio.
Mr. Cotter said that over the last few months of this process, he had managed to speak with a
number of the Batesville residents and thought it would be useful to provide a bit of the context
on why they were doing this project whereas Sun Tribe could describe the what and the how. Mr.
Cotter said he was the Power Portfolio manager at CVEC and also the CVEC project manager
for the Midway Solar Center. He described CVEC as a member -owned, not -for -profit utility that
serves 38,000 members in Central Virginia from Louisa down past Appomattox. He said they
were a cooperative, just like a local vine, dairy, or produce coop, who are owned by their members
who share in the costs, profits, and benefits, but instead of milk or vegetables, they do it for
electricity. He said they do this by procuring energy from their portfolio sources —wind, solar,
hydro as well as gas and coal —through a mix of contracts and market purchases and then they
deliver it via the power lines seen in the neighborhoods. He said they see the Midway Solar Center
as a keystone project for the long-term portfolio and are building to navigate the challenges they
see coming down the pike.
Mr. Cotter talked about why this project was so important. He described that there were two types
of electric systems. He said first was the transmission system, and the transmission lines are like
major interstates-1-81, 1-64, 1-95—and this is valuable because it allows power to be imported
from generators all over the mid -Atlantic from Ohio to New Jersey, down to North Carolina. Mr.
Cotter talked about the distribution system and said these are the local roads, like Batesville Road
or Critzer Shop Road, and this is how power is actually gotten to the home. He said a catch here
was that on every single exit on the transmission system, there are tollbooths, so while they can
get a great contract from a merchant out in Ohio, they cannot really control what the cost is going
through those tolls, and those tolls change moment to moment. He said the harshest penalties
always hit when power is needed the most, so that is late afternoons during a heat wave where
air -conditioners are needed or early mornings during a cold snap in the winter when heating
systems are needed, or a pipe could burst. Mr. Cotter said that if they could build their own solar
generator and combine it with a battery, not only would they be replacing the most expensive
power they can get with lower -cost clean and renewable power, they can do it in a way that also
controls these transmission costs, and the transmission cost moving forward is one of the biggest
risks they have with keeping rates stable. He said if they could prove this here with this project, it
could change the whole electricity investment strategy for them where they could see that proof
right here how local generation sources could be used in order to balance out the portfolio even
ALBEMARLE COUNTY PLANNING COMMISSION
FINAL MINUTES - April 20, 2021
better.
As to the questions of "why here" and 'why now," Mr. Cotter said that the key to getting these
benefits would be to site these solar and battery projects on their distribution grids (the local
roads), and that is a challenge. Mr. Cotter noted that Mr. Fritz had mentioned that a lot of land
was needed as well as access to power lines, but something that people seem to overlook unless
they are in the industry is that you need the ability for a local grid to absorb all of the power that
is being generated. He said the current deal right now is that you can avoid all of the transmission
tolls only if the solar generator does not impact the transmission grid. He said at CVEC, they were
not just one big network of distribution lines; they are actually about 20 separate small networks
of distribution lines, and of those networks, there is only one that can take an eight -megawatt
project, which is this project. He said after this, they have a five -megawatt happening in Fluvanna
as well, and after these two projects, the low -hanging fruit is gone, and it would be much more
difficult and the margins would be much more narrow to do these kinds of projects in the future
and even more difficult if they do not have the proof and the numbers that they are looking to get
by doing this proof of concept through this project. Mr. Cotter said in addition to the difficulties of
siting, there is also a goldrush going on right now for good solar lots. He said they were competing
against well -capitalized firms from all over the world —California, New York, Europe, Asia —for
these pieces of land. He said on top of all of this, right now the current rules, which are beneficial
to local communities, have limits, and it is unknown when those caps are going to be hit. He said
considering the amount of information that they would be getting in the goldrush, he did not think
they would be around that long and couldn't speak for sure what the new rules would entail, but
right now the getting is good. He said they get all of the benefits, the whole pie, so it is hard to
see any change that would be better. He said finally, he wanted to speak as a local who lives right
down the road in Afton. He said that they understand that there is an element of sacrifice here for
the Batesville community. He said there is a big piece of land they are looking to take right smack
in the middle of a neighborhood, but he wanted folks to keep in mind when you hear people talking
about environmental sustainability, economic sustainability, world sustainability, green energy,
the modern grid, and all these terms, that is actually what is going on here. He said this is where
the rubber meets the roads, and he thinks they would find with subsequent presentation from Sun
Tribe that they are really taking all of the feedback very seriously as they want it to work for
everybody.
Mr. Jocz said that they were proposing an eight -megawatt AC solar energy facility paired with a
four -megawatt battery storage system. He said in the original design, they had anticipated a
maximum site area of approximately 80 acres, and as they have continued to iterate their design,
they have seen that come down with a disturbance area closer to 65 acres, which is less than
50% of the site. He said of that, 32 acres would be involved in site clearing, and those would be
largely limited to the current timber farm areas on the site, and then access would be from Craigs
Store Road, and the facility would produce enough energy to power approximately 2,600 homes
per year. He said it connects specifically to the distribution lines that already exist on the project
site. Mr. Jocz said the parcel is Albemarle County parcel 85-17B owned by Central Virginia
Electric Cooperative and is approximately 1.8 miles west of the town of Batesville and
encompasses 136 acres of the RA zoned land. He said the current land use of the site is
grazing/pastureland and timber farm, so those silviculture areas. He said there are a number of
items they focused on as they designed the site and would continue to design the site. He said
Midway was designed to utilize the cleared areas to the highest extent possible. They also looked
to avoid sensitive environmental areas such as wetlands and steep slopes. They also utilize high -
efficiency solar panels to help reduce the development footprint of the facility. He said the design
is set up to either meet or exceed County requirements for site buffering, and as they continue
ALBEMARLE COUNTY PLANNING COMMISSION
FINAL MINUTES - April 20, 2021
with the development of the project, they would look to continue to ensure and evaluate impacts
to adjacent landowner viewsheds and work with adjacent landowners to try to find solutions to
those viewshed impacts.
Mr. Jocz demonstrated the current layout of the site. He pointed out the panel areas which as
demonstrated in the image are more like building envelopes. He said the exact location and layout
of the panels within this area would vary slightly as they finalize the size of the panel and the type
of racking to be used on the site. He also demonstrated the locations of proposed additional
supplemental vegetated screening and also the internal roadways to the site. He also pointed out
the dash line outlining the panel areas. He said that showed the fence limitations of the site, and
any existing vegetation outside of these areas would remain in place during operation of the facility
and would not be impacted. He pointed out this was a continuing design that they are continuing
to improve and take input on as they move forward in the project's development.
Mr. Jocz said that they have conducted a number of environmental and cultural and historic
studies on the site including stream and wetland delineations, for which they have received
preliminary jurisdictional determination for the project; cultural desktop and field cultural and
historical studies; and field and desktop wildlife resource studies. He said the aim here to construct
this project is not only to achieve local land use approval, but they also need to go through a
process called the permit by rule process, which is a comprehensive review from state agencies
such as DEQ (the Department of Environmental Quality), the Department of Historic Resources,
the Department of Conservation and Recreation, and the Department of Wildlife Resources. He
said they would continue to coordinate with these agencies moving forward to identify any
unidentified cultural, historical, or wildlife resources on the site and, if identified, develop
appropriate mitigation procedures to make sure those resources were not impacted in their
projects.
Mr. Bivins said that time was up, and unless Mr. Jocz had something critical to share or had just
one slide left, he would have to pause the presentation and allow the Commissioners to ask
questions.
Mr. Jocz said that he was about halfway through the presentation. He said he was appreciative
of their time and would turn it back over to the Commission to answer questions.
Mr. Keller said he is very much supportive of the concept. He said he had listened to the
community presentation and also had the benefit of the presentation to the Agricultural Forestal
Advisory Committee. He said if the question ever comes up about the vote there, they would have
to have staff explain the very tight parameters that that committee was addressing; it was not this
overall aspect to be done by the Planning Commission. Mr. Keller said he had four areas of
concern, and one is paramount on regular sites, and that is potential loss of high -value ag soils
due to contour manipulation. He said he would like to see a project —and he would like to see all
of the solar farm projects —work with not having to do the significant contour manipulations that
are seen with the roads put in.
Mr. Keller said he had an opportunity to see these installations across the United States and Asia
and in Europe, and he had seen some interesting ones in which the legs of the panels are at
different heights so that the underlying land does not have to be compromised. He said he
thought, as in the very thoughtful letter that was sent to them by PEC and Mr. Fritz's point as well,
that even with scraping off the topsoil and saving it with the idea that it would be put back at a
future date, there is still significant degradation. He said this is one of the core definitions at the
ALBEMARLE COUNTY PLANNING COMMISSION 6
FINAL MINUTES - April 20, 2021
state level of what constitutes prime agricultural lands and in the County as well, and that is high -
quality soils. He said secondary to that primary underlying concern that he needs to have
remedied to vote positively on this is the visibility at multiple distances along County roads. He
said every day as he goes across Monticello Mountain, he sees a small array of solar panels on
Carter Mountain but not a whole field full of them. He said even at a middle ground or background
viewing, they are a substantial change, and maybe that would be something just like high-tension
lines that we all as a society need to get used to, and he would be willing to entertain that.
Mr. Keller said third is dark sky and the question of lighting in the evenings, of when that would
be turned off. He said obviously if there is work that needed to be done, then lights would need to
be turned on, but he said he knew they had been talking about that so he would like that
addressed. Mr. Keller said from the first project on Route 53 that they saw, there were discussions
of the sounds of the motors that changed the panel inclinations, and there seemed to be
disagreements over the amount of sound that was generated at the edge of the property from
those units. Mr. Keller asked if they could just briefly address each of those four items.
Mr. Jocz said he would start with the concern about the lighting and dark skies. He said they have
taken the community input and gone back and talked with their partners and identified that actually
they can run the facility with no permanent lighting whatsoever. He said if maintenance needed
to occur after daylight hours, they can use temporary work site lighting, but it is their intention to
not include any permanent lighting with the facility at all.
M. Jocz said as far as the visual impact from distance, they would be happy to work with both the
Commission and stakeholders within the community to identify areas of concern and develop
additional visual simulations for those locations and then from that work out strategies for
additional visual impact mitigation if possible.
Mr. Jocz said regarding Mr. Keller's last comment on the soils, he said they understand the unique
challenges with the site. He said this was a unique opportunity for CVEC as well to develop a
project like this in their service territory. Mr. Jocz said there were a number of mitigation
opportunities that could be provided on the site in order to help reduce the impact on these prime
soils including topsoil stockpiling as Mr. Keller mentioned and other soil amendments on the site
as well as the intention to continue the current use of the site in ongoing grounds maintenance
and operations at the facility for the use of solar grazing of sheep and maintaining the pasture
grazing nature of the site.
Mr. Keller said he was going to stand strong on this one. He said he did not think that the standard
civil engineering solutions that are being seen in development across the country and around the
world is the type of solution that they should be exploring. He said he thought there were ways
from an architectural form standpoint that different sized legs could be used to support these
structures so that they can step down and still work as a collective array without having to do the
significant manipulation that is seen so often and is seen in the development areas. Mr. Keller
said this was different; this was rural areas; this was about soil and underlying agriculture. He
said if they were going to take advantage of the rural areas for this, and he supports that, then it
seems there are ways to make it work without having to decimate the land.
Mr. Jocz said they were open to evaluating and understanding other methods for development of
this site and looked forward to following up with Mr. Keller as they move forward.
Mr. Randolph said on page 11 of the confidential and proprietary Midway Solar development
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application (attachment B in the packet), the first sentence under critical slopes indicates that their
design would not encroach on any large contiguous areas. He said they know from Mr. Fritz's
presentation of the map that there are a series of different sections of pie that are not all tied
together. He asked if the sentence, We will not encroach on any large contiguous areas," meant
that they intend to encroach on some fairly substantial noncontiguous areas of critical slopes as
he sees back on the Mechums River side of the piece of property. He said he was not really clear
here about the degree of grading that is going to be necessitated on this site. He said he has
some intimate familiarity with Route 53 Sol Unesco solar site, which was the first major utility solar
facility in Albemarle County that was not attached to a school building. He said he understood
that there, that surface area was fairly flat —there was probably a fluctuation in elevation of no
more than maybe 10 feet —but here on the topographic, with every line representing two feet,
there are some real elevation changes, and he is assuming that when the trees come out and the
stumps are removed, there is going to be some grading here, but he really does not have any firm
indication from the submitted application of the extent of that grading, which he said he did feel
adds to the poignancy of Mr. Keller's recommendation for looking at ways as much as possible to
preserve the high -value soil that is there.
Mr. Randolph said he was concerned that he did not see any pronounced strategies to mitigate
runoff during the construction process as a result of removing the trees, taking out the stumps,
and doing any grading on the site. He said he knew they would be under state and local
requirements, but he wants to see how they are going to go the extra mile to mitigate the potential
runoff on the site.
Mr. Jocz said to speak shortly about the first comment regarding critical slopes, the reason why
they added the clarifier "large continuous areas" was that there are small pockets as indicated in
the Albemarle County steep slopes layer that are internal to the site that upon survey were
identified as not steep slopes, and comments were focused specifically on those small areas in
anticipation of a survey correcting those small pockets and areas.
Mr. Jocz said to the comment about the grading, he would turn it over to their site engineer to
explain more about the process, what they are looking at in terms of grading on the site, and
things they would be looking to achieve above and beyond current water protection ordinance
requirements to ensure that stormwater and erosion -sediment control issues are adequately
addressed in construction.
Mr. Ricky Hewitt introduced himself as a licensed civil engineer who has worked on a lot of utility
scale and small scale solar in the State of Virginia. He said that all of the concerns being brought
up are standards and things that they take into high consideration. He said regarding the extent
of grading, they are still in preliminary design. He said a lot of the grading parameters are a
function of the racking that is selected, as Mr. Keller had indicated; that racking has not been fully
selected. He said there are two types of solar racking that are standard —one is called fixed tilt,
and one is called tracker. He said the benefit of the tracker, which this project is proposing, is that
it allows the panels to track from east to west and optimize the amount of sunlight that they are
able to absorb and turn into energy. He said one of the benefits of doing that is having a reduced
footprint as compared to fixed tilt -type systems.
Mr. Hewitt said as they think about using the tracker racking technology, it does require a bit more
grading, and the extent of that is still yet to be determined as they are still just in very preliminary
design when it comes to that. He said the site currently is in primarily a silviculture operation where
the trees are regularly (every 20 years or so) cut down and timbered, and when that happens,
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there are no perimeter erosion control measures that are put up for those operations, so the
surrounding watershed, the buffers that they have shown, are cleared —they are not left or
maintained —and also during all those activities, there are no perimeter erosion control devices
put in. He said by going in and putting a solar system in that they are proposing, any clearing, any
grading, any of the construction that is going to happen, is going to be protected with not only
state minimums but standard civil engineering practices, that Mr. Keller mentioned are insufficient,
and he does not disagree with that. He said in the State of Virginia, in his experience, developers
and engineers and designers see the minimum standard as the goal to achieve as opposed to
the foundation to build on, and Sun Tribe and Hewitt Solutions and all the other stakeholders
including the county engineers with Albemarle have all identified ways in which they can use the
state standard as a minimum foundation to build on and have identified a number of conservative
engineering factors to exceed the norm while also not being cost -prohibitive to a site that is such
a valuable resource.
Ms. Firehock asked about the application that said they would be retaining the topsoil on site by
storing it. She asked if they intended that for the lifetime of the project. She said that is typically
done during a construction project where the topsoil is temporarily disturbed and then returned in
a short period of time. She asked if they were intending to say they were stockpiling the soils for
the 30-year lifespan of the project or just during construction.
Mr. Jocz said before grading occurs, the topsoil would be captured, and then after grading
occurred, the topsoil would be replaced and then vegetation reestablished. He said that using that
topsoil to help reestablish the vegetation is an important factor in their erosion control measures,
and then the racking and panels would be placed on top once that stabilization had occurred.
Ms. Firehock said she knew the applicants did not get to show their entire presentation, and she
was not asking them to reshow the rest of it, but she wondered if there were any slides in the
presentation that addressed the concerns about viewsheds and if it was possible to hear more
about how the views were being protected and analyzed.
Mr. Bivins said that they did not necessarily need to see slides but thought it was a question a
number of people have asked about viewsheds. He asked Mr. Jocz to hold that as a question.
Mr. Bailey asked if the applicant could speak a little bit about the plan for reconstitution of
vegetation on the site related to potential pollinators, native species, and others, underneath the
panels specifically as the panels are installed, and the plan for after construction and
reconstitution of vegetation on the site, not just on the vegetated buffer.
Mr. Jocz said they were currently still evaluating postconstruction vegetated cover along with the
[inaudible].
Ms. Shaffer announced that Mr. Jocz was muted and could not be heard.
Mr. Bivins asked to hear about how the views would be mitigated.
Mr. Jocz said they have indicated a number of locations to plant supplementary vegetation in
addition to the current preservation of a majority of the existing vegetation surrounding the
proposed layout locations. He said that vegetation is at a minimum aimed at being 20 feet in width,
a double -staggered row of evergreen trees with a planted height of a minimum of four feet. He
said they would also supplement that with a number of other —and part of CUP conditions —plant
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species, at least three plant species from the Albemarle County recommended plants list. He said
the exact makeup of what the screening would look like was still to be determined as they go
through the site plan review process; however, at a minimum, it would look similar to what was
shown in the visual simulations that were presented earlier.
Mr. Bivins asked how things sit with citizens, property owners, neighbors if this should go through,
who would have to wait 20 years before this happened. He asked what would be done between
now and year 20.
Mr. Jocz said they anticipate the species that they would be planting on the site to be planted
again at a minimum of four feet in height, and that species has a growth rate of approximately 12
to 24 inches per year, so they anticipate in approximately four to eight years after commissioning
of the facility the vegetation to be substantial enough to sufficiently conceal the facility.
Mr. Bivins said they would go to the public hearing.
Ms. Shaffer asked Ms. Fellows to please state her name and address and association with any
organization.
Ms. Jane Fellows said she lived at 1915 Thunder Ridge Road. She said she was a property owner
neighboring property and appreciated Mr. Jocz and the Sun Tribe's project and was supportive of
solar in theory, but while both Mr. Cotter and Mr. Jocz said they live here, and this is their
backyard, here they were talking about her literal backyard. She said she had sent a letter. She
said she is in support of solar energy and sustainability, but her biggest concern is the visibility
issue, which they have been talking about, and she is pleased to see that they are taking it
seriously, but she is positive that if it is visible from her property that it is going to negatively impact
her property values. She said in her letter requesting to the Commission, she wanted to maybe
flag or mark where the cuttings would be, where the plantings would be, so they could get a better
sense what the impact to their viewshed would be because it would be hard for her to feel good
about that project if it is going to impact the way she lives on this property. She said she has
chosen a rural lifestyle for a reason, and having a commercial facility in her viewshed was never
part of the calculation. She said she did appreciate the effort and the changes that she has seen
in the slides that Mr. Jocz was showing and that these issues are being taken seriously. She said
she also appreciated the opportunity to speak tonight.
Mr. Chris Hawk said he was with the Piedmont Environmental Council. He said the Piedmont
Environmental Council (PEC) supports well -sighted renewable energy that protects and promotes
natural carbon sequestration sources. He said solar sites should not adversely impact the natural,
cultural, and historic resources that make Albemarle a great place to live, work, and play. He said
the Rivanna Solid Waste Authority's proposals to locate solar on a landfill is an example of an
appropriate location for utility -scale solar. He said PEC recommends that the Midway Solar
special use permit be denied in its current form. He said in addition to their comment submitted
earlier this week, PEC raises the following concerns: The current state of the Albemarle County
zoning ordinance does not allow for utility -scale solar facilities to receive the level of staff review
nor County enforcement that is warranted. He said utility -scale solar facilities are not comparable
to other agricultural practices, and similar use is allowed as by -right in the rural area. He said the
zoning ordinance should be updated to include utility solar specific language and ordinances.
Mr. Hawk said a one-liner definition is not sufficient for appropriate County review and
enforcement for facilities of this size and nature. Mr. Hawk said that short-term construction-
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induced erosion and sediment control impacts and the long-term stormwater impacts for a solar
facility far exceed those of agricultural practices and buildings permitted as by -right in a rural area
district. He said this project proposes impervious solar panels on 80 acres and to imagine the
impacts of an 80-acre building such as a greenhouse or a 40-acre greenhouse or a 20-acre
greenhouse. He said there are no buildings within the rural area of this size. Mr. Hawk said PEC
highlights the County staff statement that, "Staff cannot make a finding that even a temporary
installation (25 years or more) of a large impervious area in the water supply watershed is
consistent with the intent of the RA district." He said no findings suggest that there is the possibility
for impacts on the Mechums River in the South Fork Rivanna Reservoir.
Mr. Hawk said an additional component of this staff report states that, "This project is unusual in
that it is a use that can be removed allowing the site to largely return to its existing condition." He
said while solar panels are proposed to be removed, there is little to no evidence that on -site soil
characteristics would be returned to their original condition. Mr. Hawk said that all efforts should
be made to return the land to its prior state including its viability for different types of equal or
higher -use agriculture. He said pastureland is not equivalent to productive crop land. He said
while "decommissioning will return the property to its current pervious state," decommissioning
will likely not return the property to the same productive agricultural state. He thanked the
Commissioners for taking the time to review PEC's concerns on this important matter.
Ms. Elizabeth Williams gave her address as 6973 River Hill Lane, which is on Batesville Road,
and said her property is contiguous with the northeast corner of this development. She said she
was wonderfully supportive of solar energy. She said she was concerned about the Mechums
River and the runoff. She said it was true that the woods are pine forest, but when she moved
there 30 years ago, it was a beautiful mature hardwood forest, and unfortunately the owner cut
them down and turned it into a pine forest, and there was tremendous damage to the Mechums
River in terms of silt. She said the method used was terrible when they were logging; they just
drove the trucks right through the river. She said she was especially concerned since there was
a concern about the impervious quality of solar farms and runoff. She said it was very steep going
down to the river; she said she was glad they were not planning on going in the steep areas. She
said she was especially concerned that there should be some monitoring of the river and whether
it was being impacted with increased silt. She said the Mechums River was not considered a
clean river; it has lots of silt. Ms. Williams said that it would be wonderful to move toward native
plantings if possible and to not be using herbicides or fertilizers or anything of that sort. She said
she did not know how green they were going with all of this. She said she would love there to be
some way to monitor the river, to have some way to check and make sure that they were not
increasing sedimentation and silt into the Mechums River.
Ms. Sara Tueting said she lived at 1832 Craigs Store Road. She said her property was
immediately adjacent, so she would be able to see this from her kitchen window. She said they
are right there on it. She said they were opposed to the project and had a number of concerns
about its effect on their property values and the runoff. She said the property was higher behind
their house so any construction would run off down the hill into their property and then into the
creek at the bottom. She said they also have concerns about fencing, the effect on the night sky
because they have talked about this being surrounded by chain -link fencing and security lighting
as well as the noise from batteries and other things. She said they talked about it not being louder
than a kitchen appliance, but kitchen appliances could be rather loud, so they have a number of
concerns about the project. She said they were hoping that the County would take their concerns
as the landowners into account and not just rubberstamp what the utility company wanted to do.
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Ms. Debi Winstead said that she and her husband bought their property directly across from the
proposed site at 1905 Craigs Store Road. She said they initially were very much in favor of this
project, but as time has gone on since February, they have several doubts and concerns that
have become perhaps a bit more heightened after hearing Mr. Jocz's spiel again, as it was kind
of the same thing. She said there were things brought up in February that they do not think
necessarily have been addressed, and they hope the planning committee will address these. She
said noise was definitely a concern during construction as well as the traffic. She said they would
like to know in all of these parameters how the County planned to enforce this. She said that had
been told that construction trucks would only come from 151, but they have experienced with
CVEC in the development of Firefly, their other project that brought Internet to them, that
subcontractors and beyond subcontractors would go the quickest way, and they wanted to make
sure that there is some sort of County oversight to the entire project with both the environmental
impact around them and their lifestyle impact of how it would affect them all there in terms of
viewshed, and she said there are several of them around also who have recently set up successful
bed and breakfast homestays, and these would also be impacted by the construction. She said
there was lots to be concerned about here, but most importantly is how the County planned on
enforcing the rules around this project and seeing that proper oversight is there.
Ms. Padma Ball said that she lived at 6809 River Hill Lane. She said her property was adjacent
to this proposed solar complex. She stated she had a lot of concerns, but her main ones were the
fact that they were on the Mechums River, and she was also concerned about the water runoff.
She said as it is now, their driveway is in a 100-year floodplain; their driveway intersects Batesville
Road, and there is a creek that follows around Craigs Store Road and enters into the Mecham
Road right next to their driveway, and it often floods. She said while it used to be a 100-year
floodplain, it was quite often now. She said she talked to Mr. Jocz; he was kind and came out,
and they walked the land and talked about the water, and he was going to work with the water
engineers, but when this project is built and done, if there is flooding, all of them on River Hill
Lane would have not only huge expense but often cannot get in or out if there is flooding. She
said if there is more water there and there is no one to monitor it, for her, it is really important that
they pay attention to all of these factors before saying it is a go-ahead. She said not only what
might be happening to the Mechums River with the extra flow and the erosion, but all of the homes
along this creek as well and those who have a driveway. She asked that they please pay close
attention to all of the details and make sure that the project is not built and then the neighbors are
left with problems.
Mr. Bivins closed the public hearing.
Mr. Jocz said he wished he had had a chance to get to the rest of his presentation. He said it
outlined a number of areas in which they have listened to the community input and tried to put
that back into the design of their project, and that included limiting of construction hours, working
with landowners to specify the site extents and add additional supplementary vegetations to
protect their viewshed as possible and also implement construction management and traffic
management plans to ensure that traffic is managed in the correct way, eliminating any large
construction vehicle traffic through the town of Batesville, Plank Road, Batesville Road, and Miller
School Road, and in addition to be able to explain in more detail the number of erosion/sediment
control and stormwater management measures that they were looking to implement above and
beyond baseline requirements including oversizing of some of the BMPs, preserving permanently
all of the existing vegetation surrounding the site to prevent future impacts to that vegetation. He
emphasized that they are really listening to the concerns of the community surrounding the project
and look forward to continuing to work with them if they have the opportunity to move forward with
ALBEMARLE COUNTY PLANNING COMMISSION 12
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this project.
Mr. Fritz said there were a number of questions that the Commissioners had and some of the
public had and that he may be able to offer some comments that help in the discussion. He said
there was a condition that restricts lighting to only maintenance lighting; there would no other
lighting permitted. He said there was a condition that would make this facility subject to the noise
limitations of the ordinance and also a condition that establishes a minimum 100-foot setback,
and that would also aid with the sound. He said he could give more personal observations about
sound in his evaluation.
Mr. Fritz said there were comments about the grass under the panels, and that was a condition
because it is in the applicant's application packet. For screening, he said there was again that
requirement of the minimum 100-foot setback and there is a condition about the mix of vegetation.
He also pointed out that a site plan was going to be required, and part of a site plan would be a
conservation plan to be included, that all trees that are shown to remain, there is an agreement
that the applicant enters into with the County shown on the site plan, so there are additional
protections there of not only the conditions of the special use permit but also then conditions of
the site plan and the zoning ordinance. He said there was a condition about access to the site,
which would be enforceable by the zoning administrator, to restrict access to everything except
passenger vehicles and pickup truck -type vehicles to that traffic being from the west and not from
the east. He said that was also somewhat self -enforcing simply due to the nature of the roads to
the east/northeast, just physically being able to make the turns and bridge limitations.
Mr. Bivins asked Mr. Fritz for insight about how people would know what the conditions were, how
would they be aware of what was going on.
Mr. Fritz said that the conditions were attached to the staff report. He said this would go to the
Board of Supervisors .He said he had a mailing list and an email list, and the speakers were on
that email list; if not, if they email him at bfritz(a.albemarle.oro, he would add them to his email list
to make sure they know when this goes to the Board of Supervisors. He said the conditions would
be there, and if the conditions were adopted, they would become enforceable by the zoning
administrator, and the zoning administrator has a tool chest to require enforcement and penalties
and other things that can be imposed. He said there would also be a site plan that this project
would have to go through, and there would be notification to the abutting property owners of the
site plan. He said he would use this email distribution list to let interested parties know that was
coming forward. He said the site plan is where the details about the grading, erosion/sediment
control, stormwater management facilities, and the exact limits of clearing and the exact species
of trees —all those very technical details —would be addressed. He said that would be shown on
the site plan and becomes enforceable also by the County, also by the zoning administrator, same
tools available to the zoning administrator to enforce.
Mr. Randolph said that he had asked Mr. Fritz on Friday for the language that the County might
have in terms of the zoning ordinance addressing utility solar, and his response was there is no
such language; it is really covered in the special use permit process. Mr. Randolph said the staff
report was excellent and extremely thorough and really establishes a template moving forward on
other solar projects in a rural area where there are critical natural resources, slopes as well as
soils. He said originally, he had thought that maybe they needed to look at language and
recommending that they really buffer the zoning ordinance in addressing solar facilities. He said
he was not so sure now that they needed to go that route because basically looking at what Mr.
Fritz has generated, with the conditions that are established here that run with the application and
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run with the land, assuming they are approved by the Board in more or less similar shape as now,
they really do have the necessary default language available to continue to apply. He said he saw
this as tremendous step forward from where they were on Route 53 three years ago. He said they
have seemed to have now covered their needs without having to get into looking at putting
language into a zoning ordinance with the problem of ossification of zoning language. He said
things change with time, other conditions arrive, and the language does not get changed, and a
future Planning Commission in 2032 grapples with the language that this Commission had signed
on. He said he had faith and confidence now in what staff had come up with that going forward,
there would be adequate safeguards to address the needs in the future.
Mr. Keller agreed overall with Mr. Randolph with a couple of caveats. He said it was an exciting
project because the ownership and the development team were locally based and committed to
the area and doing things well. He said he was excited, but it seemed that this project had the
potential to be a state-of-the-art model for sensitively designed rural solar array installations, but
they had not gotten there. Mr. Keller said they had tried to address the dark sky and the sound,
and he was willing to go with those two. Mr. Keller said in terms of the visibility, he advised Mr.
Fritz to use a software -generated scene area overlay. He said while they had responded to the
community meetings and adjacent property owners, he was concerned about other areas where
it could be seen, not so much what was seen but where it could be seen, because that was part
of the major issue with large solar arrays. He said it is a personal issue, an age issue, whether
people accept that technology and see it as beautiful or whether they see the technology and see
it as an ugly scar on the landscape. He said a missing piece is that scene area overlay that could
earmark what could be seen in a short distance of foreground and what could be seen in a longer
distance and middle ground and what could be seen in the background because black blobs have
an impact on what we see and how we think of the rural areas of the county. He said there might
not be agreement, but it would take the questions out of the work the project team would do in
the future because it would clarify the visibility and at what distance.
Mr. Keller expressed his concern about changing the land and the landform. He said if they were
really going to have a model and seeing all throughout the County the loss of the original
landforms, he thinks they need to hold firm in the rural areas, and he would vote against this
unless he could have some assurance through condition or somehow that that is going to be truly
explored and talked about with the Board of Supervisors. He said the soils are such an underlying
part of how we define rural and agriculture from the Commonwealth code on down through that
he thinks that the manipulations of every project are so much more extreme than they need to be.
He said in this case, where they are basically planting a bunch of poles and sticking things on top
of poles, he does not think they have to do the degree of manipulation that is the standard
operating practice and that they ought to set a new standard for what that can be in rural areas.
He said this was his challenge to them. He said he did not know how they as a Commission
handle it and that maybe he would be the outlier in this, but he would look then to his two
architecture colleagues and hope they would weigh in about some interesting and creative ways
that these forms might be able to be put on land without having to do the significant changing of
contours that are being proposed, not just in this but in all of the ones the Planning Commission
sees. He said that 53 was not as dramatic in its undulations as this site, so it was much easier to
visualize and think about how that would go. He referenced that the team had mentioned there
were only going to be a few of these special low -hanging fruit, so he recommended that these
should be the ones where they could give a model, not just a county model but to become a
national model for how this could be done.
Mr. Carrazana expressed his appreciation of Mr. Keller's comments. He added that he did believe
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that this is a great opportunity; unfortunately, because it is one of a few of the low -hanging fruit
as had been mentioned, where this could become a model is how they could scrape the land and
flatten it, and he did not think that would be an appropriate model, but if more and more they want
to look for these opportunities here in the Piedmont, the topography is hilly. He said we know what
we can do with earth moving. He said he lived in Southern California and saw how developments
happened there. He said he believed they had a great opportunity, and how this array could move
with the topography could be a beautiful thing. He said the arrays that are tracking east to west
could still be kept and have them undulate up onto the landscape. He said the technology is there;
the structural ability is there with the systems, and he would encourage and challenge the team
to take a look at that and really use this as a model for the Piedmont.
Ms. Firehock said she thought that if this should pass the Commission and go to the Board, some
more analysis should be done on how they are protecting the views from the adjacent landowners.
Ms. Firehock said regarding the one concern in the staff report about impervious surfaces, she
does not really consider this a site that is adding imperviousness to the watershed because the
water is dripping off the solar panels and infiltrating into the ground where it falls, and there is not
a large enough surface to cause an amount of volume and velocity of water that would cause
erosion per se. She said she was not concerned with that. She said she had seen other projects
in Virginia that are proposing to clear massive amounts of forest to put in solar arrays, and she is
opposed to those projects, but this project does not appear to be causing the level of land change
in terms of, for example, going from a forested to a non -forested state, so while she still has
concerns with this project, she thinks a lot of work and due diligence has been done to try to make
this an environmentally compatible project, and she also thinks of this in the same way she thinks
of cell towers and large power distribution systems and other things that do not look pretty in the
rural area, but yet power and phones are needed. She said she was willing to support this and
see how well they can do in terms of protecting the environment. She said the conditions in the
staff report were quite robust and give some of the surety that they need for this project to
minimize impact and maximize success.
Mr. Bailey said there was actually a document in the packet that provided a viewshed analysis; it
was provided by the applicant. He said it was hard to determine how official it was when there
was a disclaimer that it was not prepared by a licensed surveyor, but it does claim to use lidar
data and puts limited impacts within about a half -mile range to being able to see the site. He did
not know if Mr. Fritz could maybe clarify how to interpret this viewshed analysis that was provided
for the project.
Mr. Fritz said they looked at the information that the applicant provided, and one of the slides was
just taken from that; he just snagged two pictures from that. He said staff analyzed it; in his
opinion, based on his review and the viewshed analysis the applicant did, looking at the
topography of the area, visiting the site so looking from the site out, he thought the visual impacts
are more significant in the immediate area of the site, and the rest is really from a distance, so it
is mitigated. He said it is a little bit like the wireless, of how much visibility is acceptable, whether
it needs to be invisible or mitigated. Mr. Fritz said that in the staff discussions, ultimately his
recommendation was that the visibility is really most significant immediately adjacent and would
be mitigated over time as the trees grow.
Mr. Bailey clarified that in the viewshed analysis, in the light green area that would be considered
mostly to the northeast going back towards Batesville, were some of the larger areas where the
site could be seen. He asked Mr. Fritz if he felt that would be as impactful being anywhere from
half a mile to two miles away.
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Mr. Fritz said once you start getting to that distance, though it is going to change the character of
the area, that is going to be mitigated over time. He stressed that part of the issue here was that
the only tools available are the review criteria for all special use permits, and it is a substantial
detriment, which is a very high bar, and then there is the change in the character of the district.
He compared greenhouses to the solar facility, looking at whether a solar facility results in a
change in the character of the area differently than what could occur by right, and ultimately his
recommendation was that it was not going to at those distances; it would to some degree in the
immediate area but not at a greater distance.
Mr. Bailey commented that when he was referring to grasses underneath, it does not actually
state in the conditions to be native grasses and pollinators —it just says grasses —and it was just
a clarification that if grasses were to reconstitute the area that they be native in nature.
Mr. Bivins added that if this does go forward, he would encourage the applicant to have a
significant sit-down with the neighbors who sit next to this project. He said that it would be helpful
to the project and to the community if they could have a deep sit-down, perhaps outside with
masks on, but to have a deep conversation about what this project is going to look like if it goes
forward. He said they are being challenged here by some interesting things, and with the profile
of the individuals that are associated with both the solar company and given that the utility wants
to come before a whole host of communities to put these in, then it would be quite helpful if they
could speak positively to the issues around soil and the issues about visibility. He said he did not
think they were ugly —he actually thought they were kind of cool —but some people would not be
as accepting. He said he has asked before that they may not be accepting of this, but would they
be accepting of a slaughterhouse, like the new slaughterhouse that is about to be opened in
Orange, so would they rather have that or would they rather have solar panels. He said the
applicants would be well served if this group were to sit down and have some serious
conversations with some individuals about how to set the standard on how this kind of project is
installed. Mr. Bivins said he was supportive of it with the narrative that they put in the transcript
the whole thing about the issues of the important soils, about not having to change the terrain so
dramatically but being creative with the way of doing installation on the terrain, and then the really
big one on this of engaging the neighbors in dialogue so that they have people who speak
positively about them and the project wherever they are, as opposed to the neighbors feeling like
no one listened.
Mr. Keller said he would like to give it one more shot. He asked Mr. Fritz to put up the high -value
ag soil map. Mr. Keller said he was thinking of a condition to suggest just to see what the pleasure
of the body was. He said he would like to suggest a condition that says that no more than 10% of
those prime soils are disturbed; that would get at manipulation of contours but would be within
the bounds of the way agricultural Virginia is defined.
Mr. Bivins asked if Mr. Keller was putting that in the form of a motion to be added to the conditions.
Mr. Keller said he hoped for discussion about it.
Mr. Randolph said that 10% needed to be defined, whether by square footage or in terms of
volume of soil. He said they also needed to hear from the applicant whether that was doable.
Mr. Keller said he was thinking of the land area, so square footage/acreage. He said it was a way
to encourage thinking about this in a different manner.
ALBEMARLE COUNTY PLANNING COMMISSION 16
FINAL MINUTES - April 20, 2021
Ms. Firehock said that was feasible, but she had the same question of whether it was practicable,
could the applicant actually do that. She said she saw the map of the prime soils that overlaps
with all of the arrays and access to the site.
Mr. Carrazana told Mr. Keller that it might also be helpful to define what he meant by "disturb." He
asked if that meant they could not install panels on a slope. He said they need to define what is
meant by the amount of disturbance that is allowed.
Mr. Keller said he was talking about the total prime soil area as defined and was talking about
square footage/acreage, etc., and he certainly was hoping that the solar panels would be applied
on top of that but without having to scrape any of the topsoil, so this would be an encouragement
to think about creative ways to plant the panels; it would not preclude panels completely covering
the prime soils.
Mr. Carrazana said that was a helpful clarification. He said he would be supportive of that.
Mr. Fritz said that if the Commission wanted to do something like that, they could provide staff
direction, and they could work on that before going forward to the Board of Supervisors to try to
come up with the language instead of trying to craft that at 9:30 tonight.
Mr. Hewitt interjected that he did not think that was a good idea.
Ms. Firehock said the 10% issue would be difficult to determine tonight, as someone who does a
lot of site planning. She said the Commission could express simply that it wanted to minimize
disturbance or removal of prime agricultural soils, but she did not think they could get a specific
condition articulated this evening.
Mr. Keller said he was comfortable with that. He said he was just putting something forward to try
to get the Commission to really force discussion of this and force the applicant to have to really
think about this other than saying it would be nice not to.
Mr. Bivins said they had staff instructions there. He asked if Mr. Fritz had enough with this
conversation engaged with him to engage with the applicant to try to present something before
going to the Supervisors.
Mr. Fritz said staff would do their best to engage with the applicant to try to come up with
something and do their best to share the concerns and comments and tone. He said the Board
would have the benefit of the minutes also.
Mr. Keller said that Ms. Firehock's language that she proposed would be a way so that it actually
would be the beginning of a condition that would be refined and to work with the development
team on. He said he wanted the development team to understand how important this is to many
people in the County.
Ms. Firehock said she would be happy to add that language.
Ms. Firehock moved to recommend approval of SP202100001 Midway Solar with the conditions
outlined in the staff report and an additional condition #20 that the applicant make every effort to
avoid removal or disturbance of prime agricultural soils as depicted on the map provided with the
ALBEMARLE COUNTY PLANNING COMMISSION 17
FINAL MINUTES - April 20, 2021
application.
Mr. Keller said he would second the motion but wondered about a clarification that makes it clear
from the get -go that they were supportive of solar panels being on top of the soils.
Ms. Firehock said she was not sure and felt more work would need to be done. She said she did
not know enough about how they are going to place the panels physically.
Mr. Fritz said speaking as the staff working on this that they heard what the Commissioners were
saying and would take the condition into the totality of the conversation to put it all together to
work with the applicant and ultimately the condition.
Mr. Keller seconded the motion.
The motion was carried with a vote of 6:0 (Ms. More absent).
Ms. Firehock moved to find that the facility proposed in SP202100001 is substantially in
compliance with the comprehensive plan.
Mr. Bailey seconded the motion.
The motion was carried with a vote of 6:0 (Ms. More absent).
Mr. Bivins told the applicants that they had heard deep discussion about the Commission's
positive inclination for this project and projects like this, but they also heard the Commissioners
say things that they believe could be improved with the applicant's skill set and the desire to do
so. He said hopefully they would work with Mr. Fritz and the rest of the team to move forward and
put together a project that is both helpful for them in the industry and for their company but also
for the community because there are probably some other fields that they care to be involved with
and might have to come back before the Commission. Mr. Bivins thanked them and encouraged
them to continue to do some good work around these projects.
Adjournment
At 9:22 p.m., the Commission adjourned to May 4, 2021, Albemarle County Planning Commission
meeting, 6:00 p.m. via electronic meeting.
Charles Rapp, Director of Planning
(Recorded Carolyn S. Shaffer, Clerk to Planning Commission & Planning Boards and transcribed
by Golden Transcription Services)
Approved by Planning
Commission
Date: 5/ 11 /2021
Initials: CSS
ALBEMARLE COUNTY PLANNING COMMISSION
FINAL MINUTES - April 20, 2021
18
To: Planning Commission
Bill Fritz
Cc: Bobby Jocz for Sun Tribe and Liz Palmer for Albemarle County BOS, Samuel Miller District
From: Phil and Jane Fellows
Date: April 17, 2021
Re: Special Use Permit for Midway Solar/ SunTribe
To Whom It May Concern:
We would like to take this opportunity to share our thoughts and concerns regarding this
project.
Our primary concern is that views of the commercial solar operation from our property or from
the entire length of Thunder Ridge Road will have a negative impact on our property values.
At this point in the process, we would like the SunTribe company to mark and flag the
perimeters of where the clear cutting of trees will occur and the perimeter of where the solar
panels will be installed.
Before approval for this project is granted, or before it is advanced to the BOS, we would like to
be certain that our view shed is not impacted. If marking and flagging will not provide this
information, we request other accommodations be made.
Thank you very much,
Phil and Jane Fellows
From: Kevin Winstead <klw135170DRmai1.com>
Sent: Wednesday, April 14, 2021 11:01 AM
To: Bill Fritz <BFRITZPalbemarle.ore>
Cc: eurowinstead@Qmail.com
Subject: Re: SP 2021-01 Midway Solar
CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on
links or open attachments unless you are sure the content is safe.
Thank you for the updates. We had intended to send our comments for the packet inclusion, but better late than never.
Our home is located at 1905 Craigs Store Rd., directly across the proposed site. While, we are generally supportive of the
project and proponents of renewable energy sources, we do have two major concerns regarding the project —lighting and
noise.
We believe our concerns about the lighting have been adequately addressed in the conditions of approval noted in the staff
report.
However, we remain gravely concerned about the potential for construction noise on weekends. This was not fully addressed
by Sun Tribe development representatives during the virtual meeting on February 23, 2021. As we recall, Sun Tribe's only
comment regarding weekend construction activities was to advise they would seek county approval if needed, or something to
that effect.
We are adamantly opposed to any weekend construction activity. This would have a severe financial impact on our now thriving
homestay business which, as mentioned above, is located directly across the street from the site. Consequently, this would
also mean less tax revenue for the county. We worked diligently to obtain all the proper county permits and approvals to get
our homestay rental up and running, along with all of the related expenses and sweat equity needed to prepare the
accommodation. Our guests now thoroughly enjoy the tranquility this area offers during their weekend getaways and often
comment how peaceful it is in their online reviews. Construction on this project during weekends will undoubtedly result in
negative reviews, impacting our occupancy rate and bottom line. Weekend construction will directly impact our quality of life
(which will already be greatly impacted by the noise and increased vehicle traffic Monday through Friday). Who wants to have
coffee on their front porch or a family bbq with the clatter of construction echoing directly across the road?
We appreciate the consideration by all parties involved of our concerns and hope that you will limit construction on this project
to weekdays only.
Sincerely,
Kevin and Debi Winstead
1905 Craigs Store Rd.
Afton, VA 22920
Albemarle County Planning Commission April 16, 2021
Albemarle County Community Development Department
% Bill Fritz, Planning Manager
401 McIntire Road, North Wing
Charlottesville, VA 22902
(Transmitted via email)
Re: Midway Solar, LLC (SP202100001)
Dear Planning Commission,
The Piedmont Environmental Council (PEC) respectfully submits these comments, regarding the
Midway Solar, LLC request for special use permit (SP202100001) to establish an 8-megawatt (MW)
solar facility and 4-MW battery energy storage system (BESS) on approximately 80-acres of Rural Area
zoned land in Batesville (Tax Map Parcel 08500-00-00-017B0, total of 136-acres).
PEC recommends that SP202100001 be denied if the following impacts cannot be appropriately
mitigated.
Conserve V mania Resources
A large portion of the proposed site contains land that is included within Conserve Virginia, which
classifies onsite characteristics within the Agriculture and Forestry category (Attachment A).',,' Due to
the quality of onsite soils, PEC recommends:
• Lands classified within the Conserve Virginia Agriculture and Forestry category be avoided.
Onsite Soil Com osn ition
Given the onsite soil composition, consisting of a majority of Prime Farmland and Soils of Statewide
Importance (Attachment B),4 PEC recommends:
• Construction, panel installation, and grading should be avoided in areas classified as Prime
Farmland;
• Grading should be minimized in areas classified as Soils of Statewide Importance;
o If any grading is required, it should not result in the loss of agricultural soils (topsoil) and
should be completed in phases to reduce erosion and sediment from the site;
' Conserve Vireinia, "Virginia's agriculture and forestry industries contribute a combined $91 billion =natty to Virginia's economy and generate
more than 450,000 jobs throughout the Commonwealth. whether it is beer, wine, equine, aquacultme, timber or livestock— Virginia's agricultural
and forestry products are enjoyed locally, used throughout the country and exported around the world. To support this important industry, it's
important that Vagina conserve high value agricultural and forest lands that face potential development."
r Conserve Vireinia_ "ComerveYnginia represents a data driven approach to land conservation that builds upon work already underway here and
in other states. Virginia's Brat in the nation strategy takes the next step in identifying how and where to achieve the beat conservation outcomes,
and meets the Governor's directive to prioritize the most important lands from a statewide perspective, target limited resources toward those
areas, and measure the progress we make toward achieving multiple conservation goals. ConserveVnginia creates a roadmap for land
conservation across Virginia now and for years to come."
s Conserve Virunia'The Agriculture & Forestry Category identifies priority agricultural and forest lands across Virginia. It is comprised of two
damsets. The Virginia ComervationVudonAgricultural Model quantifies the relative suitability of lands for agricultural activity across the state.
This model went through rigorous testing and review by state and federal agricultural professionals. Agricultural value is assessed primarily based
on inherent soil suitability, but also accounts for current land cover and travel time between agricultural producers and consumers.
4 United States Department of Agriculture, Prime and Other important Farmland Definitions. Accessed online via
https://www.rocs.m&gov/wps4xmtalhwca/detailfu /pr/soils/?cid=nrca14lp2-037285
Miedmont
nvironmental
ouncil
o In cases where grading is required, topsoil should be removed from the area prior to
grading. That soil should be stored on site and replaced after the grading is completed; and
• Compression mats should be used during construction, in order to reduce topsoil compaction.
The above mitigation measures could help to ensure optimal site reclamation opportunities at the end
of the project's useful life; and limited grading could assist in minimizing the potential sedimentation
of the Mechums River.
Mechums River Impacts
Given the proposed facility's proximity to Mechums River, PEC is concerned that (1) onsite
construction activities will create impactful erosion and sediment control implications, and (2) onsite
conditions throughout the life of the facility could create long lasting stormwater impacts. The Mechums
River serves as a tributary to the South Fork Rivanna Reservoir, which serves as a potable drinking
water source for Albemarle and Charlottesville. In order to protect the onsite, adjoining, and
downstream surface water impacts, PEC recommends:
• Protecting existing riparian buffers along the Mechums River, onsite/adjoining streams, and
wetlands;
• Enhancing existing riparian buffers with additional, native trees with a caliper of at least 2 inches;
• Providing a stream setback of at least 100 feet from the Mechums River, onsite/adjoining streams,
and wetlands; and
• Limiting onsite grading activities as discussed above.
Nearby Conservation
There are 10 conservation easements within a 1-mile radius of the proposed facility, with a combined
acreage of over 600 acres (Attachment Q.
• The Commonwealth of Virginia dedicates funding to conservation, in order to protect important
natural resources that provide clean air and water, in addition to cultural, historic, and scenic
resources and values; and
• The staff report for this application indicates that the proposed facility will not visually impact
adjoining or nearby properties; however, given the proximity to 10 conservation easements within
a 1-mile radius, PEC disputes that claim.
9APiedmont
Environmental
Council
Public TI'ail Access
PEC is supportive of the community's desire for onsite public trails and river access. There are multiple
possibilities for trail and river access to be granted that would not hold the landowner liable for onsite
public use.',','
Fencinz
The overall fence height should be increased to eight (8) feet above ground surface, in order to prohibit
deer entry.'
Thank you for taking the time to review the PEC'S concerns on this important matter. Please feel free to
contact me with any questions or requests for additional information.
Sincerely,
&Jff
Christopher Hawk
Land Use Representative - The Piedmont Environmental Council
11395 Constitution Highway
PO Box 195
Montpelier Station, Virginia 22957
s & 29.1-509. B. A landowner shall owe no duty of care to keep Ind or premises safe for army or use by others for hunting, fishing, trapping,
—ping, participation in water sports, boating, hiking, rock climbing, sightseeing, hang gliding, skydiving, horseback riding, foxhunting, racing,
bicycle riding or collecting, gathering, cutting or removing firewood, for any other recreational use, for ingress and egress over such premises to
permit passage to other property used for recreational purposes or for use of an easement granted to the Commonwealth or any agency thereof or
any not -For -profit organization granted tax-exempt status under § 501(c)(3) of the Internal Revenue Code to permit public passage across such
land for access to a public park, historic site, or other public recreational area. No landowner shall be required to give any warning of hazardous
conditions or uses of, structures on, a activities on such land or premises to any person entering on the land a premises for such purposes, except
as provided in subsection D. The provisions of this subsection apply without regard to whether the landowner has given permission to a person to
use their land for recreational purposes.
° Id sec. E. For purposes of this section, whenever any landowner has entered into an agreement with, or grants an easement or license to, the
Commonwealth or any agency thereof, any locality, any not -fan -profit organization granted tax-exempt status under § 501(c)(3) of the Internal
Revenue Code, or any local or regional authority created by law for public park, historic site, or recreational purposes, concerning the use of, or
access over, his land by the public for any of the purposes enumerated in subsections B and C, such landowner shall be immune from liability to
any member of the public arising out of such member's use of such land fan any such purpose, and the government, agency locality, not -for -profit
organization, or authority with which the agreement is made shall indemnify and hold the landowner harmless from all liability and be
responsible for providing, or for paying the cost ot; all reasonable legal services required by any person entitled to the benefit of this section as
the result of a claim or suit attempting to impose liability. Any action against the Commomvcaltb, or any agency thereof, shall be subject to the
provisions of the Virginia Tort Claims Act (§ 8.01-195.1 at seq.). Any provisions in a lease or other agreement which purports to waive the
benefits of this section shall be invalid, and any action against any county, city, town, or local a regional authority shall be subject to the
provisions of § 15.2-1809, where applicable.
' 36 2-b400. "Agritourism activity" means any activity carried out on a farm or ranch that allows members of the general public, for recreational,
entertainment, or educational purposes, to view or enjoy rural activities, including farming, wineries, ranching, horseback riding, historical,
cultural, harvest -your -own activities, or natural activities and attractions. An activity is an agritourism activity whether or not the participant paid
to participate in the activity.
° University of Vermont, Department of Plant and Soil Sciences. Effective Deer Fences. Accessed online via
https://pss.0 .edu/ppplarticles/demfmcm.htnl#:-:text=white°/.2Dtailed%20deer%20can%20jumpsthe°/20fenee%20md%20meet%20mistmc
Piedmont
Environmental
Council
Attachment A
Conserve Virginia
Piedmont
Environmental
Council
Air
1_
7
IL
1
Attachment B
Onsite Soil Composition
Piedmont
Environmental .
Council
IN
-qN5.n4 1
m
ry
a
Attachment C
Nearby Conservation Easements
Piedmont
Environmental „
Council
10
Minimum Elevation
-10.00'
-7.00'
-4.00'
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1.00'
4.00'
7.00'
Maximum Elevation
-7.00'
-4.00'
-1.00'
1.00'
4.00'
7.00'
10.00'
CUT LL MAP
NTS
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RESOLUTION TO APPROVE
SP202100001 MIDWAY SOLAR
WHEREAS, upon consideration of the staff report prepared for SP 202100001 Midway Solar and the
attachments thereto, including staff's supporting analysis, the information presented at the public hearing,
any comments received, and all of the factors relevant to the special use permit in Albemarle County
Code §§ 18-10.2.2(58) and 18-33.8(A), the Albemarle County Board of Supervisors hereby finds that the
proposed special use would:
1. not be a substantial detriment to adjacent parcels;
2. change the character of the adjacent parcels and the nearby area only minimally and until the
screening trees mature;
3. be in harmony with the purpose and intent of the Zoning Ordinance, with the uses permitted by
right in the Rural Areas district, and with the public health, safety, and general welfare (including
equity); and
4. be consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors
hereby approves SP 202100001 Midway Solar, subject to the conditions attached hereto.
I, Claudette K. Borgersen, do hereby certify that the foregoing writing is a true, correct copy of a
Resolution duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of
to , as recorded below, at a regular meeting held on
Clerk, Board of County Supervisors
Mr.
Gallaway
Ms.
LaPisto-Kirtley
Ms.
Mallek
Ms.
McKee)
Ms.
Palmer
Ms.
Price
SP202100001 Midway Solar Special Use Permit Conditions
Development and use must be in general accord (as determined by the Director of Planning and the
Zoning Administrator) with the plans prepared by Hewitt Solutions, PLLC titled "Central Virginia
Electric Cooperative Midway Solar Project," dated December 17, 2020 (hereinafter "Concept Plan")
and included as Attachment C. To be in general accord with the Concept Plan, development and use
must reflect the following major elements as shown on the Concept Plan:
a. Location of solar development envelopes,
b. Location of equipment yard, and
C. Retention of wooded vegetation in stream buffers
Land disturbance, which includes (but is not limited to): grading, excavation, filling of land, the
felling of trees, and the removal of tree stumps, is limited to within the proposed fenced area shown
on the Concept Plan. The location of the entrance and access to the solar facility is not subject to
this condition.
Upon the approval of the Zoning Administrator and the Director of Planning, minor modifications
may be made to the Concept Plan that (i) do not otherwise conflict with the elements listed above
and (ii) ensure compliance with the Zoning Ordinance, and State or Federal laws.
2. Landscaping and screening must be substantially the same (as determined by the Director of
Planning and the Zoning Administrator) as shown on the Concept Plan.
3. All inverters and solar panels must be set back at least one hundred (100) feet from property lines
and rights -of -way.
4. The applicant must submit a decommissioning and site rehabilitation plan (hereinafter
"Decommissioning Plan") with the building permit application. The Decommissioning Plan must
include the following items:
a. A description of any agreement (e.g. lease) with the landowners regarding
decommissioning;
b. The identification of the party currently responsible for decommissioning;
C. The types of panels and material specifications being utilized at the site;
d. Standard procedures for removal of facilities and site rehabilitation, including
recompacting and reseeding;
e. An estimate of all costs for the removal and disposal of solar panels, structures, cabling,
electrical components, roads, fencing, and any other associated facilities above ground or up to
thirty-six (36) inches below grade or down to bedrock, whichever is less;
f An estimate of all costs associated with rehabilitation of the site; and
g. Provisions to recycle materials to the maximum extent possible.
The Decommissioning Plan must be prepared by a third -parry engineer and approved by both the
party responsible for decommissioning and all landowners subject to the project. The
Decommissioning Plan is subject to review and approval by the County Attorney and County
Engineer, and must be in a form and style suitable for recordation in the office of the Circuit Court
of the County of Albemarle.
5. Before a grading permit may be issued, the applicant must record the Decommissioning Plan in the
office of the Circuit Court of the County of Albemarle.
6. The Decommissioning Plan and estimated costs must be updated upon (a) change of ownership of
either the property or the project's owner or (b) written request from the Zoning Administrator, but in
any event at least once every five years. The applicant must record any changes or updates to the
Decommissioning Plan in the office of the Circuit Court of the County of Albemarle.
7. The owner must notify the Zoning Administrator in writing within 30 days of any abandonment or
discontinuance of the use.
8. All physical improvements, materials, and equipment (including fencing) related to solar energy
generation, both above ground and underground, must be removed entirely, and the site rehabilitated
as described in the Decommissioning Plan, within 180 days of any abandonment or discontinuance
of the use. Any piece(s) of any underground component(s) must be excavated to a depth of at least
36 inches below the ground surface.
9. If the use, structure, or activity for which this special use permit is issued is not commenced by
[DATE 3 YEARS AFTER APPROVAL BY THE BOARD OF SUPERVISORS], the permit will be
deemed abandoned and will thereupon terminate.
10. The facility must comply with all provisions of the Albemarle County Code, including § 18-4.14.
11. Panels may be cleaned only with water and biodegradable cleaning products.
12. No above ground wires are permitted except for those associated with (a) the panels and attached to
the panel support structure and (b) tying into the existing overhead transmission wires.
13. Before activating the site, the applicant must provide training to the Department of Fire Rescue.
This training must include documentation of onsite materials and equipment, proper firefighting and
lifesaving procedures, and material handling procedures.
14. The property owner must grant the Zoning Administrator (or any designees) access to the facility for
inspection purposes within 30 days of any such request.
15. Outdoor lighting for the facility is permitted only during maintenance periods. Regardless of the
lumens emitted, each outdoor luminaire must be fully shielded as required by County Code § 18-
4.17, except for any outdoor lighting required by state or federal law.
16. Plantings for screening must include either (a) a minimum of three species types from the Albemarle
County Recommended Plants List or (b) plantings as may be approved by the County's Agent.
Species must be dispersed throughout the site.
17. Except for passenger vehicles and small utility vehicles, construction/truck traffic may access this
property only from the west and not from Batesville.