HomeMy WebLinkAboutWPO201900059 Approval - Agencies 2019-01-16Commonwealth of Virginia
VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY
1111 E. Main Street, Suite 1400, Richmond, Virginia 23219
P.O. Box 1105, Richmond, Virginia 23218
(800) 592-5482
www.deg.virilinia.gov
Matthew J. Strickler David K. Paylor
Secretary of Natural Resources Director
(804)698-4000
January 16, 2019
Ken Young, COO
Rivanna Solar, LLC c/o Apex Clean Energy
310 411 Street
Charlottesville, VA 22902
RE: Rivanna Solar, LLC
Dear Mr. Young:
Location: Albemarle Countv
Registration No.: RE0000108
The Department of Environmental Quality (DEQ), after consultation with the Department
of Historic Resources (DHR), the Department of Game and Inland Fisheries (DGIF),
and the Department of Conservation and Recreation (DCR), has completed its review of
the October 16, 2019, application by Apex Clean Energy for Rivanna Solar, LLC
(Rivanna) for coverage under the Small Renewable Energy Project (Solar) Permit by
Rule, 9VAC15 Chapter 60. Based upon this review, DEQ determines that the
application satisfies the requirements of 9VAC15-60-30 provided that Rivanna complies
with the following:
• All commitments referenced within the Application Documents submitted
October 16, 2019;
• Submission as soon as practicable of final post -construction site map
according to 9VAC15-60-70 A, and;
• Removal of all trees in accordance with the requirements of DGIF and the
United States Fish and Wildlife Service (USFWS) to protect indigenous bat species as
set forth in the DGIF guidelines and guidance found at:
Rivanna Solar, LLC/Apex Clean Energy
Registration: RE0000108
January 16, 2020
Page 2
• https://www.dgif.virginia.gov/environmental-programs/environmental-
services-section/
• https://www.dgif virginia gov/wildlife/bats/northern-long-eared-bat- application/
• http://www.dgif.virginia.gov/wildlife/bats/little-brown-bat-tri-colored-bat-winter-
habitat-roosts-application/
• http://www.dgif.virginia.gov/wp-content/uploadsNDGIF-Time-of-Year-
Restrictions-Table. pdf.
Based upon compliance with the conditions stated above, authority is hereby granted to
construct and operate Rivanna; a photovoltaic project located in southeastern
Albemarle County, east of Buck Island Road and south of Thomas Jefferson Parkway
on roughly 150 acres; with a cumulative total generating capacity of 12.5 MW AC, in
accordance with all Application Documents, and this letter of approval.
This authorization for construction and operation shall not relieve Rivanna of the
responsibility to comply with all other applicable local, state and federal statutes and
regulations, including but not limited to strict adherence to applicable state and local
erosion and sediment control/storm water management laws. This authorization does
not relieve Rivanna of the responsibility to obtain any certification that may be required
from the State Corporation Commission.
DEQ strongly encourages Rivanna to incorporate the DCR Recommended Actions
listed below:
• Use of appropriate seed mix/plants and seasonal mowing developed in
consultation with DCR;
• Development of a monitoring and control plan for invasive species;
• The planting of native pollinator plants in the buffer areas of the planned facility,
and;
• Minimizing habitat fragmentation by leaving round versus long, skinny natural
cover and forest land fragments; retaining connective corridors that allow significant
wildlife migration between fragments and designing the intervening landscape to benefit
habitat; and natural cover as opposed to turf grass and mowed lawn.
Rivanna must notify the DEQ Office of Renewable Energy Permitting of the actual date
on which construction of the solar project commences and the date of operation as soon
as practicable. A notification to DEQ must be made 30 days prior to any transfer of
ownership or operation according to the provisions of 9VAC15-60-100 A.
Rivanna Solar, LLC/Apex Clean Energy
Registration: RE0000108
January 16, 2020
Page 3
Please note that if Rivanna is later found by DEQ not to qualify for coverage under the
terms and conditions of the Solar Permit By Rule, then Rivanna could be subject to
action under the enforcement provisions of the Solar Permit By Rule (9VAC15-60-140)
for operation without a permit.
As provided by Rule 2A:2 of the Supreme Court of Virginia, you have 30 days from the
date of the service of this decision to initiate an appeal of this decision, by filing notice
with:
David K. Paylor, Director
Virginia Department of Environmental Quality
ATTN: Office of Renewable Energy Permitting
Post Office Box 1105
Richmond, Virginia 23218
In the event this decision is served to you by mail, three days will be added to that
period. Please refer to Part Two of the Rules of the Supreme Court of Virginia, which
describes the required content of the Notice of Appeal, including specification of the
Circuit Court to which the appeal is taken, and additional requirements governing
appeals from decisions of administrative agencies.
If you have any questions concerning this authorization under the Small Renewable
Energy Project Permit By Rule, please contact Mary E. Major at 804-698-4423.
Sincerely,
C
Michael G. Dowd
Director, Air and Renewable Energy Division