HomeMy WebLinkAboutSDP202200013 Action Letter Initial Site Plan 2022-05-06County of Albemarle
COMMUNITY DEVELOPMENT DEPARTMENT
401 McIntire Road, North Wing
Charlottesville, VA 22902-4579
viacsn'
May 6, 2022
Mr. Phil Horwitch
American Helios Constructors
250 S. Presidential Street, Unit 310
Baltimore, MD 21202
281-543-0226
phorwitch@americanhelios.com
RE: SDP-2022-00013 Rivanna Solar - Initial Site Plan - Action Letter
Dear Mr. Horwitch,
phone:434-296-5832
www.albemarle.org
The Agent for the Board of Supervisors hereby grants conditional administrative approval to the above -
referenced site plan. See below and attached for conditions and process:
SITE PLAN: This approval shall be valid for a period of five (5) years from the date of this letter, provided
that the developer submits a final site plan for all or a portion of the site within one (1) year after the date
of this letter as provided in section 32.4.3.1 of Chapter 18 of the Code of the County of Albemarle, and
thereafter diligently pursues approval of the final site plan.
In accordance with Chapter 18 Section 32.4.2.8 Early or Mass Grading may be permitted after the
following approvals are received:
1. Engineering approval of a VSMP plan meeting the requirements of Chapter 17 of the Code of the
County of Albemarle.
2. Approval of all easements for facilities for stormwater management and drainage control.
3. Submittal of a tree conservation checklist with areas for tree preservation identified.
The final site plan will not be considered to have been officially submitted until the following items are
received:
1. A final site plan that satisfies all of the requirements of section 32.6 of Chapter 18 of the Code.
2. Applicable fee outlined in the application.
Please submit 13 copies of the final plans (or digital submission) to the Community Development
Department. The assigned Lead Reviewer will then distribute the plans to all reviewing agencies.
The Department of Community Development shall not accept submittal of the final site plan for signature
until tentative approvals for the attached conditions from the following agencies/reviewers have been
obtained:
SRC Members:
Albemarle County Planning Services (Planner) - 3 copies
Albemarle County Engineering Services (Engineer) - 1 copy
Albemarle County Information Services (E911) - 1 copy
Albemarle County Building Inspections —1 copy
Albemarle County Fire & Rescue —1 copy
Albemarle County Service Authority -3 copies
Virginia Department of Transportation - 2copies
Albemarle County Planning Services (Architectural Review Board) - 1 copy
Please contact Andy Reitelbach at the Department of Community Development at mreitelbach@albemarle.org or at
(434) 296-5832 ext. 3261 for further information or if you have any questions.
Sincerely,
W 146dn Retr&4d
Andrew Reitelbach, Senior Planner II
Albemarle County
Department of Community Development
Planning Division
Albemarle County Planning Services (Planner)
Andy Reitelbach, mreitelbach@albemarle.org — Required changes to be addressed prior to final site plan approval:
1. [SP2019-00030] The final site plan must demonstrate conformance with all of the conditions approved by the
Board of Supervisors with the special use permit request SP2019-00010. See the attached Action Letter and
Resolution.
2. [General Comment] The final site plan must demonstrate conformance with all requirements of Section 18-32.6
of the Zoning Ordinance. The checklist for the initial site plan requirements is helpful as a good place to start.
That checklist can be found at the following link:
httos: //www.a I be ma rl e.o r¢/home/sh owou b I ished d ocu ment/ 1014/637540811404730000.
3. [32.5.2(a)] On the cover sheet of the plan, provide the name and address of the property owner(s).
4. [32.5.2(a)] On the cover sheet of the plan, provide the tax map and parcel number(s) of the parcel(s) involved in this
development.
5. [32.5.2(a)] Provide the boundary dimensions of the site.
6. [32.5.2(a)] On the cover sheet of the plan, provide the zoning district, and all zoning overlay districts, that apply to
the subject property.
7. [32.5.2(a)] On the cover sheet of the plan, identify the special use permit that applies to this project.
8. [32.5.2(a)] Provide a copy of the approved special use permit, including all conditions of the SUP, on the site plan.
9. [32.5.2(a)] On the cover sheet of the plan, provide the name of the magisterial district in which this property is
located.
10. [32.5.2(a)] On the cover sheet of the plan, provide the assigned site plan number.
11. [32.5.2(a)] On the cover sheet of the plan, provide a signature panel for the signatures of all relevant County and
partner agency officials, for when the site plan is ready to be approved.
12. [32.5.2(a)] Provide the source of the topography and the source of the survey.
13. [32.5.2(a)] On the cover sheet of the plan, provide the setback lines for the appropriate zoning district.
14. [32.5.2(a)] On the cover sheet of the plan, provide an index of the plan sheets.
15. [32.5.2(b)] On the cover sheet of the plan, provide the proposed use and the maximum acreage of the site occupied
by each use.
16. [32.5.2(b)] On the cover sheet of the plan, provide the percentage and acreage of open space.
17. [32.5.2(b)] On the cover sheet of the plan, provide the maximum height of all structures.
18. [32.5.2(b)] On the cover sheet of the plan, provide a schedule of parking on the site, including the amount of parking
required by the ordinance, and the amount of parking actually provided on the site.
19. [32.5.2(b)] On the cover sheet of the plan, provide the maximum amount of impervious cover on the site.
20. [32.5.2(b)] On the landscape plan, provide the maximum amount of paved parking and other vehicular circulation
areas.
21. [32.5.2(c)] If the development is proposed to be phase, provide phase lines.
22. [32.5.2(e)] Provide the existing landscape features on the site, as described in section 32.7.9.4(c).
23. [32.5.2(f)] Provide the name of all watercourses located on the site.
24. [32.5.2(f)] Indicate whether the site is located within the watershed of a public water supply reservoir.
25. [32.5.2(h)] Provide the boundaries of the flood hazard overlay district.
26. [32.5.2(i)] On the site plan, provide any existing or proposed access easement, rights -of -way, and travelways.
27. [32.5.2(i)] On the site plan, provide the street names, and state route numbers, for all surrounding streets.
28. [32.5.2(i)] On the site plan, provide the right-of-way lines and widths for all adjacent streets or other rights -of -way.
29. [32.5.2(i)] On the site plan, provide the centerline radii and pavement widths for any proposed travelways.
30. [32.5.20); 32.5.2 (k)] Label all existing and proposed water, sewer, and storm drainage easements by type and
include a size/width measurement. For existing easements, state the deed book and page of the recorded
instrument. For proposed easements, an easement plat will need to be submitted, reviewed, approved, and
recorded at the courthouse prior to approval of the final site plan being granted.
31. [32.5.2 (1)] Label all existing and proposed utility easements by type and include a size/width measurement. For
existing easements, state the deed book and page of the recorded instrument. For proposed easements, an
easement plat will need to be submitted, reviewed, approved, and recorded at the courthouse prior to approval of
the final site plan being granted.
32. [32.5.2(m)] Provide the location of the existing and proposed ingress to and egress from the property.
33. [32.5.2(m)] Show the distance to the centerline of the nearest existing street intersection from the proposed ingress
and egress.
34. [32.5.2(n)] Provide the locations and dimensions of all existing and proposed improvements on the site, including
the following:
a. Maximum footprint and height of structures.
b. Walkways.
c. Fences and/or walls.
d. Trash containers.
e. Parking lots and other paved areas.
f. Loading, service, and construction areas.
g. Signs.
h. Proposed paving materials for any paved improvements.
i. Retaining walls.
j. Outdoor lighting.
k. Landscaped areas and open space.
35. [32.5.2(n)] Provide a lighting plan that complies with Section 18-4.17 and 18-32.7.8 of the Zoning Ordinance, as
well as any relevant conditions of the approved special use permit.
36. [32.5.2(o)] Identity all areas, if any, proposed to be dedicated to public use, and identify the entity (VDOT, the
County, etc.) to which those areas will be dedicated. Areas of dedication will require a plat and/or deed.
37. [32.5.2(p)] Provide a landscaping plan that complies with Section 18-32.7.9 of the Zoning Ordinance, including the
tree conservation checklist if proposed., as well as any relevant conditions of the approved special use permit.
38. [32.5.2(q)] Provide the estimated traffic generation figures for this facility.
39. [32.5.2(r)] Provide a legend showing all symbols and abbreviations used on the plan.
40. [32.5.2(t)] Depict the limits of any dam break inundation zones on the property.
41. [General Comment] Please note that additional comments may be provided with the submission and review of the
final site plan for this project.
42. [General Comment] See the attached comments provided by neighboring property owners and other members of
the public, including Liz Russell, Director of Planning, Sustainability, and Project Management for Monticello and
the Thomas Jefferson Foundation, Inc.
Comments from Other Reviewing Departments and Agencies
Albemarle County Engineering Services (Engineer)
Matt Wentland, mwentland@albemarle.org - Requested changes; see the comments below:
1. Provide a conceptual layout for the storm drainage system. [32.5.2k]
2. Show/label the steep slopes on the plan. [32.5.2d]
3. Show proposed grading on the plans. [32.5.2d]
4. Mitigation will need to be provided for disturbances in the stream buffer. [17-604]
5. A VSMP plan will need to be approved prior to Final Site Plan approval. Review of the VSMP plan may generate
additional comments on the Final Site Plan. Stormwater Management for the project will need to meet the standards in the
recent DEQ memorandums that has been supplied to the applicant.
Albemarle County Architectural Review Board (ARB)
Margaret Maliszewski, mmaliszewski@albemarle.ore - No objections at this time; see the comments below:
No objection to the initial site plan. Provide with the final plan a landscape plan showing landscaping consistent
with the "Landscape Buffer Details" plan dated January 5, 2018 and a complete lighting plan.
Albemarle County Information Services (E911)
Elise Kiewra, ekiewra@albemarle.org - No objections at this time.
Albemarle County Building Inspections
Betty Slough, bslou¢h0albemarle.ore - No objections at this time.
Albemarle County Fire -Rescue (ACFR)
Howard Lagomarsino, hlagomarsino@albemarle.ore - Requested changes; see the comments below:
1) To ensure access pathway for site is able to sustain fire aparatus (80,000 Ibs) in all weather conditions, place a
note on the plan indicating the access will meet this requirement.
2) Please indicate with a note on the plan, the location of the nearest water source suitable for fire suppression
operations.
3) If the facility is going to be secured by a fence and/or gate, a knox box access system will be needed. If this is
the case, please provide a note on the plan, knox box will be coordinated with the Albemarle County Fire Marshal
Office.
4) Please provide labels identifying shut off locations and training infromation for safe operations around the
arrays in an emergency.
5) There must be a an area clear of combustibles, including brush, of no less than 10 feet around all sides and each
row of the array. This clearance of combustible material shall be maintained through the life of the arrays. Please
place a note on the plan indicating this.
6) During construction, the following fire prevention steps are required, so please note them on the plan
a) Smoking shall be prohibited in areas where smoking makes conditions such as to make smoking a hazard and
these areas shall be designated with no smoking signs per Virginia Statewide Fire Prevention Code.
b) Areas where smoking can occur, shall have appropriate receptacles for discarded smoking materials per
Virginia Statewide Fire Prevention Code.
c) Per the Virginia Statewide Fire Prevention Code, vehicular access for firefighting shall be provided at all
construction and demolition sites, provide access to within 100 ft. of temporary or permanent fire department
connections, and have no overhead wiring or other overhead obstructions lower than 13 ft. b inches; this access
may be via permanent or temporary road, but shall be capable of supporting fire apparatus in all weather
conditions.
d) Contractor shall ensure the street numbers are always plainly visible from the frontage street during
construction per the Virginia Statewide Fire Code
e) An approved water supply for firefighting operations shall be in place and available as soon as combustible
materials arrive on site.
f) Waste and combustible debris shall be removed from the building at the end of each day and disposed of in
accordance with the Virginia Statewide Fire Code
g) Fire extinguishers shall be provided, with not less than one approved fire extinguisher at each stairwell, on all
floor levels where combustible materials have accumulated, in every storage and construction shed and in areas of
special; hazards, such as where flammable and combustible liquids are stored or used, in accordance with the
Virginia Statewide Fire Code
h) Operations involving the use of cutting and welding shall comply with the Virginia Statewide Fire Prevention
Code and shall require a permit from the Albemarle County Fire Marshal's Office.
Albemarle County Service Authority (ACSA)
Richard Nelson, rnelson@serviceauthority.org — No objections at this time; see the comment below:
SDP202200013 Rivanna Solar - Initial Site Plan - Digital is outside of the ACSA Jurisdictional Area. There are no
comments.
Virginia Department of Health (VDH), Blue Ridge Health District
Alan Mazurowski, alan.mazurowski@vdh.virginia.gov — No objections at this time; see the attached memo
Virginia Department of Transportation (VDOT)
Doug McAvoy, douglas.mcavoyC@vdot.virginia.gov - Requested changes; see the attached memo.
Attachments
SP201900010 Action Letter and Resolution, dated January 24, 2020
Virginia DEQ Memo, dated March 29, 2022
Virginia DEQ Memo, dated April 14, 2022
VDH Comment Memo, dated April 18, 2022
VDOT Comment Memo, dated March 17, 2022
Comments from Monticello, c/o Liz Russell
Comments from Other Community Members
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
296-5832
January 24, 2020
Charlie Johnson
Apex Clean Energy
310 4t1 Street NE, Suite 300
Charlottesville VA 22903
RE: SP201900010 Rivanna Solar
Dear Mr. Johnson,
Fax (434) 972-4126
On December 18, 2019 the Board of Supervisors took action on your Special Use Permit application proposal on
Tax Map Parcel Number 09400-00-00-017AO in the Scottsville District. The Special Use permit was approved by
the Board's adoption of the attached resolution and conditions.
Please be advised that although the Albemarle County Board of Supervisors took action on the project noted
above, no uses on the property as approved above may lawfully begin until all applicable approvals have been
received and conditions have been met. This includes:
• compliance with conditions of the SPECIAL USE PERMIT;
• approval of and compliance with a SITE PLAN; and
• approval of a ZONING COMPLIANCE CLEARANCE.
Before beginning uses as allowed by this special use permit or if you have questions regarding the above -noted
action, please contact Rebecca Ragsdale at 296-5832.
Sincerely,
4i4�
cottClark
Senior Planner
Planning
Cc: Carolyn P Sweeny
2427 Thomas Jefferson Pkwy
Charlottesville VA 22902
Rivanna Solar LLC
310 41' Street NE, Suite 300
Charlottesville VA 22903
RESOLUTION TO APPROVE
SP 2019-10 RIVANNA SOLAR
WHEREAS, the Applicant submitted a request to amend a special use permit that was previously
approved (SP 2017-18 Rivanna Solar) by extending the expiration date by three years, from March 14, 2020
to March 14, 2023, and the application is identified as SP201900010 Rivanna Solar ("SP 2019-10"); and
WHEREAS, on November 12, 2019, after a duly noticed public hearing, the Albemarle County
Planning Commission recommended approval of SP 2019-10 with staff -recommended conditions; and
WHE RE, AS, on December 18, 2019, the Albemarle County Board of Supervisors held a duly
noticed public hearing on SP 2019-10.
NOW, THE, BE IT RESOLVED that, upon consideration of the foregoing, the staff
report prepared for SP 2019-10 and all of its attachments, the information presented at the public hearing,
any written comments received, and the factors relevant to a special use permit in Albemarle County Code
§§ 18-10.2.2(58) and 18-33,40, the Albemarle County Board of Supervisors hereby approves SP 2019-10,
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 six to zero, as
recorded below, at a regular meeting held on December 18, 2019.
Clerk, Board of County Sup sors
Aye Nay
Mr. Dill
Y _
Mr, Gallaway
Y
Ms, Mallek
Y
Ms, McKeel
Y
Ms. Palmer
Y
Mr. Randolph
Y
SP 2019-10 Rivauna Solar Special Use Permit Conditions
1. Development and use shall be in general accord with the following revised plans prepared by Draper
Aden Associates titled "Conceptual Layout, Rivanna Solar Farm" dated January 5, 2018 (hereinafter
"Concept Plan") 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 access/entrance improvements;
c) Location of equipment yard; and
d) Retention of wooded vegetation in stream buffers
Land disturbance, which includes but is not limited tograding, excavation, filling of land, the felling of
trees, and the removal of tree stumps, shall be limited to the areas shown on the Concept Plan as
"Proposed Solar Development Envelopes," "Proposed Landscape Buffer" areas, and the "Temporary
Construction Entrance" and the "Permanent Entrance" areas, unless additional land disturbance is
approved by the Director of Planning in writing and prior to the land disturbance.
Minor modifications, with the approval of the Zoning Administrator and the Directorof 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.
2. Landscaping and screening shall be substantially the same as shown on the revised plan prepared by
Draper Aden Associates titled "Landscape Buffer Details" dated January 5, 2018, and shall be planted as
shown on a landscaping plan approved by the Director of Planning or his or her designee.
3. All inverters shall be set back at least one hundred (100) feet firm property lines and rights -of -way.
4. The applicant shall submit a tree -protection agreement between the applicant and the landowner of
Tax Map Parcel 09300-00-00-047EO with the building permit application. This agreement shall
prohibit the removal of shrubs or trees (except for non-native or invasive species) by either party
within 475 feet of the rear boundary of this parcel until decommissioning of the solar energy facility
on Tax Map Parcel 09400-00-00-017AO is complete. The tree -protection agreement shall be subject
to review and approval by the County Attorney, 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. Prior to issuance of a
building permit, the tree -protection agreement shall be recorded by the applicant in the office of the
Circuit Court of the County of Albemarle.
5. All outdoor lighting shall be only full cut-off fixtures and shielded to reflect light away from all
abutting properties.
6. 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 agreement (e.g. lease) with all 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 isless; and
f) An estimate of all costs associated with rehabilitation of the site.
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 Count of the County of Albemarle.
7. Prior to issuance of a building 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
March 14111, 2023, the permit shall be deemed abandoned and the authority granted thereunder shall
thereupon terminate.
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REVISIONS
16020168-050303
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Commonwealth 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 FAX (804) 698-4178
www.deg.virgir ia.sov
Travis A. Voyles Michael S. Rolband, PE, PWD, PWS Emeritus
Acting Secretary of Natural and Historic Resources Director
(804) 6984020
MEMORANDUM
To: All Members of the Stormwater Management Development/Design Community,
All Local Virginia Stormwater Management Program Administrators
From: Michael S. Rolband, PE, PWD, PWS Emeritus �^ 7x /
Director, Department of Environmental Quality ✓�
Date: March 29, 2022
Subject: Post -development Stormwater Management at Solar Projects
Dear All:
To date, the Department of Environmental Quality (DEQ) has not required solar projects that are
subject to Virginia Stormwater Management Program (VSMP) requirements to account for the
imperviousness of the solar panels when applying the Commonwealth's post -development
stormwater management technical criteria. When performing water quantity (rainfall -runoff)
calculations, DEQ's practice has been to consider only the solar panel support posts and beams
as impervious areas. However, this approach has the potential to underestimate the post -
development runoff volume or runoff rate from solar panel arrays, which in turn has the potential
to negatively impact downstream waterways or properties. Additionally, the Environmental
Protection Agency's (EPA) Chesapeake Bay Program considers the solar panels to be
impervious areas for the purposes of performing water quality modeling/calculations for the
Chesapeake Bay Total Maximum Daily Load.
To safeguard the protection of downstream waterways and properties as well as ensure
consistency with EPA's Chesapeake Bay Program, DEQ will be implementing a stronger post -
development stormwater management policy for solar projects that are subject to VSMP
requirements. The new policy will go into effect immediately (i.e., the policy applies to all
stormwater management plans not approved prior to the date of this memorandum regardless of
the stage of design), and is as follows:
March 29, 2022
SWM at Solar Projects
Page 2 of 2
Water Quantity. Solar panels are to be considered unconnected impervious areas when
performing post -development water quantity calculations using the hydrologic methods
specified in the Virginia Stormwater Management Program Regulation, 9VAC25-870-72.
Current information regarding the application of unconnected impervious areas can be
found in Chapter 9 (Hydrologic Soil -Cover Complexes), Part 630 (Hydrology) of the
Natural Resource Conservation Service's National Engineering Handbook.
2. Water Quality. Solar panels are to be considered impervious areas when performing
post -development water quality calculations using the Virginia Runoff Reduction Method
(VRRM). To account for the disconnection of the solar panels from the overall drainage
system, the area of the solar panels may be entered into the applicable "Simple
Disconnection" stormwater best management practices section of the VRRM compliance
spreadsheet (i.e., 2a — Simple Disconnection to A/B Soils or 2b — Simple Disconnection
to C/D Soils).
Alternative Methods. This policy does not prohibit any alternative method. If
alternative proposals are made, such proposals will be reviewed and accepted or denied
based on their technical adequacy and compliance with the appropriate laws and
regulations.
DEQ staff are currently preparing an agency guidance document to provide additional clarity on
the implementation of this memorandum. Until the guidance document is finalized, please feel
free to contact Drew Hammond (Andrew.Hammond(a,deq.virginia.gov or 804-698-4 10 1) or Erin
Belt (Erin. Beltkdeq.virginia. og_v or 757-374-4621) should you have any questions.
Commonwealth of Virginia
VIRGINL4 DEPARTMENT OF ENVIRONMENTAL QUALITY
1111 E. Main Street, Suite 1400, Richmond, Virginia 23219
P.O. Box 1105, Richmond, Virginia 23218
(800) 592-5482 FAX (804) 698-4178
www.deg.virginia.gov
Travis A. Voyles Michael S. Rolband, PE, PWD, PWS Emeritus
Acting Secretary of Natural and Historic Resources Director
(804)698-4020
IU 10IU (1],7_:110L1111u I
To: All Members of the Stormwater Management Development/Design Community
All Local Virginia Stormwater Management Program Administrators
From: Mike Rolband
Director, Department of Environmental Quality
Date: April 14, 2022
Re: Implementation of the March 29 Memorandum regarding Post -Development
Stormwater Management for Solar Projects
Background
This memorandum provides additional details regarding the implementation of the Department
of Environmental Quality (DEQ or Department) requirement that the surface area of solar panels
are subject to the Virginia Stormwater Management Program (VSMP) and are considered
impervious surfaces when applying the Commonwealth's post -development stormwater
technical criteria to solar projects.
The Department's March 29, 2022, memorandum provided clarification to the regulated
community that existing regulations for solar projects regarding impervious surfaces includes the
solar panels as well as the base posts. This memorandum applies to water quantity when
performing post -development water quantity calculations using the hydrologic methods specified
in the Virginia Stormwater Management Program Regulation, 9VAC25-870-72. This
memorandum also applies to water quality when performing post -development water quality
calculations using the Virginia Runoff Reduction Method (VRRM).
The prior memorandum noted that this does not prohibit any alternative method that might
achieve the regulatory aims of DEQ and federal regulations. Please refer to the Department's
March 29, 2022, memorandum in its entirety for full context.
Implementation
The Department recognizes the contractual, financial, and other obligations with many utility -
scale or community solar projects currently in design —especially for those in advanced stages of
April 14, 2022
Implementation of SWM for Solar Projects
Page 2 of 2
design or implementation. Therefore, any solar project that does not obtain an interconnection
approval by a regional transmission organization or electric utility by December 31, 2024 must
comply with the requirements detailed in the Department's March 29, 2022, memorandum,
which will be further clarified in an agency guidance document.
After the agency guidance document is approved, solar projects submitted to DEQ and accepted
for evaluation or those projects completed prior to March 29, 2022, may submit adjusted design
criteria for an expedited review process from the DEQ to certify compliance with state and
federal regulations for no additional fee (when DEQ is the VSMP Authority).
Additionally, DEQ recognizes that the primary issue related to the VSMP is the length of time
required to receive a permit. The Department is committed to a significant reduction of the time
required to receive a permit, and DEQ will develop details for further implementation of federal
and state regulations and an expedited review process with the stakeholder community in
conjunction with the guidance document process and future additional actions. The Department
reserves the right, following additional conversations with stakeholders and an evaluation of all
relevant factors, to update guidance documents and relevant regulations to achieve the public
policy goals of the Commonwealth.
Current Requirements
DEQ reminds all parties that:
1. This memorandum does not relieve any party from compliance with existing local, state,
or federal laws and regulations -including 9VAC25-840-40 Minimum Standards,' and
in particular Minimum Standard 19, which requires that: "Properties and waterways
downstream from development sites shall be protected from sediment deposition, erosion
and damage due to increases in volume, velocity and peak flow rate of stormwater runoff
... ", (ii) Virginia's Phase III Watershed Implementation Plan goals on the Chesapeake
Bay TMDL; and (iii) other local, state, or federal water quality criteria standards.
2. Early compliance with the March 29, 2022, memorandum to the extent practicable (as
determined by the applicant) is encouraged as the DEQ expedites plan reviews given
current staff and budget constraints.
As noted in the Department's March 29, 2022, memorandum, DEQ staff are currently preparing
an agency guidance document pursuant to Va. Code § 2.2-4101 and § 2.2-4007.2. The guidance
document process provides interested parties an opportunity to comment prior to the start of
public comment published in the Virginia Register. Please feel free to contact Drew Hammond
(Andrew.HammondCnct�deq.vir ig.nia.gov; 804-698-4101) or Erin Belt (Erin.Beltkdeq.vir ig nia. og_v;
757-374-4621) should you have questions.
' Statutory authority: Va. Code § 62.144.15:52. Former 4VAC50-3040 derived from VR625-02-00 § 4, eff.
September 13, 1990; amended, Virginia Register Volume 11, Issue 11, eff. March 22, 1995, Volume 29, Issue 4, eff.
November 21, 2012, amended and renumbered, Virginia Register Volume 30, Issue 2, eff. October 23 2013,
amended, Virginia Register Volume 31, Issue 24, eff. August 26, 2015, Volume 33, Issue 4, eff. November 17,
2016.
2
Blue Ridge Heaft DlsMef
VIRGINIA DEFARTMENi OF HE.AIM
�i
Andy Reitelbach, Senior Planner II
Albemarle County Community Development
401 McIntire Road
Charlottesville, VA 22902
RE: Rivanna Solar
Initial Site Plan, SDP2022-13
2627 & 2631 Buck Island Road
Tax Map #s: 94-17A
Mr. Reitelbach:
Charb hsvlre7Abenwle
Mear1A oepwmad
1138 Rose FIN Drive
ChWortesville. VA 22903
ofte 434-972-6200 1 lax 434-972-4310
April 18, 2022
As requested, I've reviewed the subject site plan, dated 3/3/22. The plan will not involve
buildings or staff, so no need for water or sewer, and there is no indication from the plan
or our records that there are any existing wells or septic systems that would be impacted.
Likewise, the existing shared well and septic system serving the residences at 2627 & 2631
Buck Island Road will not be impacted. I have no objection to the site plan and recommend
approval.
If there are any questions or concerns, please give me a call, 434-972-4306.
Sincerely,
Alan Mazurowski
Environmental Health Supervisor
Blue Ridge Health District
alan.mazurowski(c7�,vdh.vir ig nia. og_v
COMMONWEALTH of VIRGINIA
DEPARTMENT OF TRANSPORTATION
Stephen C. Brich, P.E. 1401 East Broad Street
Commissioner Richmond, Virginia 23219
March 17, 2022
County of Albemarle
Department of Community Development
401 McIntire Road
Charlottesville, VA 22902
Attn: Andy Reitelbach
Re: SUB-2022-00013 — Rivanna Solar
Review # 1
Dear Mr. Reitelbach:
(804)786-2701
Fax: (804)786-2940
The Department of Transportation, Charlottesville Residency Transportation and Land Use
Section has reviewed the Rivanna Solar —Site Plan, dated March 3, 2022 as submitted by
Adapture Renewables, and find the following:
1. Civil Notes, C-002, Utility Locate information should read "The permittee shall notify
"Miss Utility" (or each operator of an underground utility where no notification center
exists) of any planned excavation within state maintained right-of-way. This notification
must be provided at least 48 hours (excluding weekends and holidays) in advance of
commencing with any planned excavation within state maintained right-of-way. Failure
to carry out this requirement may result in permit revocation."
2. Please label all proposed entrances on the plan sheets.
3. Intersection stopping sight distance on Rte. 53, Thomas Jefferson Parkway, doesn't meet
the minimum requirements per VDOT RDM Appendix F, looking easterly. This
entrance is in a transitional area from 45 mph (looking West) to 55mph (looking East)
and Sight distance should be for the higher allowed speed limit.
4. Intersection stopping sight distance on Rte. 729, Buck Island Rd., doesn't meet the
minimum requirements per VDOT RDM Appendix F, second entrance looking southerly.
This entrance is on a 45 mph road looking both directions.
5. Please provide profile views for each proposed entrance, with lines of sight shown in
actual line of sight a minimum 14.5' from edge of pavement. Please see VDOT RDM F
and B(1) for sight distance triangle requirements.
6. Please provide trip generation for each entrance.
7. Please provide entrance geometry details for low volume commercial entrance design.
8. Please provide entrance geometry details for temporary construction entrance design.
VirginiaDOT.org
WE KEEP VIRGINIA MOVING
9. Planting plan should be included and no trees will be shown within 30' of the entrance as
measured from the end of radii, nor within the sight triangle.
10. Due to the required changes additional comments or conditions may be forthcoming.
11. Please provide a comment response letter with each submission after the initial.
12. Note that the final plan must show conformance with the VDOT Road Design Manual
Appendices B(1) and F, as well as any other applicable standards, regulations or other
requirements.
A VDOT Land Use Permit will be required prior to any work within the right-of-way. The
owner/developer must contact the VDOT Charlottesville Residency Land Use Section at (434)
422-9399 for information pertaining to this process.
If you have further questions, please contact Max Greene at 434-422-9894.
Sincerely,
John C. Wilson, P.E.
Assistant Resident Engineer
Area Land Use
VDOT - Charlottesville Residency
Andy Reitelbach
From: Liz Russell <Irussell@monticello.org>
Sent: Friday, April 15, 2022 12:44 PM
To: Andy Reitelbach
Subject: Monticello Comments RE: SDP202200013 Rivanna Solar
Attachments: SolUnesco Letter to BOS and PC_2018 0131.pdf, VA117 Monticello Investigation
170127.pdf, Louisa Drone Report.pdf, VA117 Preliminary Site Plan.pdf
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 Andy,
Thanks again for your time on the phone a few weeks ago when we discussed the initial site plan for SDP202200013
Rivanna Solar. As it has been a few years since Monticello offered comments when the project initially came before
Planning Commission and the Board of Supervisors, I wanted to share materials relevant to that review so that they may
be included in the comments for this upcoming site plan application and review.
In early February 2016, Seth Maughan and Francis Hodsoll with SolUnesco approached the Thomas Jefferson
Foundation regarding the proposed utility -scale solar energy project in Albemarle County. In subsequent
meetings and correspondence, we learned about the project and - more specifically -any possible impact to the
historic views from Monticello. It is our belief that though this project does lie in the viewshed, it conforms to
the Monticello Viewshed Guidelines (muted tones, non -reflective surfaces, landscaping, and massing). Initial
review of materials provided by SolUnesco indicates that impacts to the historic views will be minimal. The
topography of the site and its distance from Monticello
(4 miles) will tend to minimize impact as well.
While I am not an expert in reviewing solar developments, SDP202200013 Rivanna Solar does not appear to differ
greatly from the materials that the Foundation originally reviewed in 2018. The panels are in a slightly different
arrangement. If there are indeed no substantive changes in the application currently under review, then I submit these
same materials as commentary from Monticello regarding this project.
We appreciate the opportunity to review this and other developments in the historic viewshed. As Director of
Sustainability for Monticello, I offer my support of a renewable energy project in Albemarle County. If constructed, this
project will help the County meeting goals adopted in the Phase I Climate Action Plan on October 7, 2020: 'Increase
renewable energy generation capacity to the electrical grid system" and "prioritize the use of roof tops, parking lots,
brownfields, landfills, and post-industrial or other open lands over forested or ecologically valuable lands"
Thank you,
Liz Russell
Liz Russell I Director of Planning, Sustainabiliry, & Project Management
Thomas Jefferson Foundation, Inc. I Monticello
P.O. Box 316 1 Charlottesville, VA 22902
Work:434-984-7589 1 Cell:434-466-1275 1 Email: Irussell@monticello.org
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4:fv-
January 31, 2018
LIZ RUSSELL
Manager of Planning and Projects
Dear Members of the Albemarle County Board of Supervisors and Planning Commission,
In early February 2016, Seth Maughan and Francis Hodsoll with SolUnesco approached the
Thomas Jefferson Foundation regarding the proposed utility -scale solar energy project in Albemarle
County. In subsequent meetings and correspondence, we learned about the project and — more specifically
— any possible impact to the historic views from Monticello. It is our belief that though this project does
lie in the vewshed, it conforms to the Monticello Viewshed Guidelines (muted tones, non -reflective
surfaces, landscaping, and massing). Initial review of materials provided by SolUnesco indicates that
impacts to the historic views will be minimal. The topography of the site and its distance from Monticello
(4 miles) will tend to minimize impact as well.
The Foundation appreciates the opportunity to work with the development community and the
County on projects that could affect the historic, cultural, and economic values of Monticello. SolUnesco
has done its due diligence in providing materials for review such as a glare study, a Viewshed
Investigation specific to Monticello, and drone photos of a similar project (though twice the size) in
Louisa County.
I understand that the Planning Commission will be reviewing the SolUnesco's Application for
Special Use Permit on February 6, 2018. I hope this letter will assist in your review and am available for
further discussion if necessary.
Since Iy,
Liz ussell
Manager of Planning and Special Projects
CC: Scott Clark, Senior Planner
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Take Your Photography to New Heights
November 3, 2017
Fredericksburg Aerial Drone Photography
10708 Chatham Ridge Way
Spotsylvania, VA 22551
www.FAD-Photo.com
Introduction
Our drone photography business was engaged by SolUnesco's Director of Projects Seth
Maughan to take aerial photos of the solar arrays located approximately 1 mile east of
Louisa, Virginia. This report summarizes our findings.
Findings
Explained in detail later in this report, the Louisa solar arrays drop out of sight when the
viewing angle is less than about 0.7 degree (refer to Photo 3). The relationship of
viewing elevation to distance is approximated by the trigonometric relationship:
tan(0.7 deg) = elevation/distance (out of sight)
For example, if the elevation is 200 ft, the distance will be 16,369 ft (3.1 miles).
As elevation decreases or distance increases, the arrays drop farther out of sight.
This approximation is for the Louisa site and may not be representative of other sites
due to changes in topography, foliage, etc. This approximation may be subjective.
Certifications and Equipment
I hold an FAA Remote Pilot Certificate, 3959294, issued per Title 14 CFR Part 107.
Drone is a DJI Phantom 3 Professional, FAA registration number FA3WTPPLK3.
Control software is Litchi v4.1.2, running on a Samsung Galaxy Tab S2 tablet.
Weather Conditions
On Wednesday, 11/1/2017, the weather was overcast, with visibility greater than 6 mi.
On Friday, 10/27/2017, the weather was clear, with visibility greater than 6 mi.
Photos 1 and 2 were taken on 11/1, between 3:46 and 3:54 PM.
Photos 3-7 were taken on 10/27, between 5:10 and 6:06 PM.
Drone Operations
All photos were taken at an azimuth of 298 to 331 deg relative to the array field.
Rationale was to stay north of the Louisa County Airport and to keep the sun well out of
the field of view. (The airport is located 0.5 mile south of the array field.)
Note — permission was received from the Fixed Base Operations Manager at the airport
for flights that were within their 5-mile radius.
The drone was flown to local altitudes of 200, 300, and 400 feet. Relative elevations
were determined by the Litchi software (using Google Earth) after return to the office.
Elevations referred to in this report take into account the drone's reported altitude and
the difference in local elevations at the drone's position and the array field center.
Readings were taken from the control software; tolerance is unknown.
Photography and Videography Services • Aerial Drones • Land Photography • Post -Processing
Fredericksburg Aerial Drone Photography
Page 2 of 8
Aerial Drone Photo 1 Drone coordinates:
Elevation: 332 ft 38.028165
Distance: 0.82 mile-77.985506
Azimuth to field: 118 deg Array field center:
Viewing angle: -4.4 deg 38.022755
Photograph field of view (at the arrays): 3700 ft -77.972367
View of the Solar Arrays
Google Maps positions
Photography and Videography Services • Aerial Drones • Land Photography - Post -Processing
Fredericksburg Aerial Drone Photography
Page 3 of 8
Aerial Drone Photo 2
Elevation: 366 ft Drone coordinates:
Distance: 1.33 mile 38.032238
Azimuth to field: 118 deg-77.994754
Viewing angle: -3.0 deg
Photograph field of view (at the arrays): 6000 ft
View of the Solar Arrays
Google Maps positions
Photography and Videography Services • Aerial Drones • Land Photography 4 Post -Processing
Fredericksburg Aerial Drone Photography
Page 4 of 8
Aerial Drone Photo 3
Elevation: 140 ft Drone coordinates:
Distance: 2.27 mile 38.051162
Azimuth to field: 151 deg-77.993241
Viewing angle: -0.67 deg
Photograph field of view (at the arrays): 10,240 ft
View of the Solar Arrays, drone elevation 140 ft
Google Maps positions for Photos 3, 4, and 5
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Fredericksburg Aerial Drone Photography
Page 5 of 8
Aerial Drone Photo 4
Elevation: 240 ft Same coordinates as
Distance: 2.27 mile Photo 3
Azimuth to field: 151 deg
Viewing angle: -1.15 deg
Photograph field of view (at the arrays): 10,240 ft
View of the Solar Arrays, drone elevation 240 ft
Aerial Drone Photo 5
Elevation: 340 ft
Distance: 2.27 mile
Azimuth to field: 151 deg
Viewing angle: -1.6 deg
Photograph field of view (at the arrays): 10,240 ft
Same coordinates as
Photo 3
View of the Solar Arrays, drone elevation 340 ft
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Fredericksburg Aerial Drone Photography
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Aerial Drone Photo 6
Elevation: 451 ft Drone coordinates:
Distance: 3.58 mile 38.049353
Azimuth to field: 127 deg-78.028828
Viewing angle: -1.37 deg
Photograph field of view (at the arrays): 16,150 ft
View of the Solar Arrays
Google Maps positions
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Fredericksburg Aerial Drone Photography
Page 8 of 8
Certified to be a true representation of our drone photography services provided to
SolUnesco on this date, November 3, 2017.
/'h , a 44,�, {'Y? Cw �
Michael McCord, Owner of Fredericksburg Aerial Drone Photography
Photography and Videography Services • Aerial Drones • Land Photography 0 Post -Processing
Andy Reitelbach
From: James and Elizabeth <crukosi@earthlink.net>
Sent: Thursday, March 24, 2022 7:18 PM
To: Andy Reitelbach
Subject: Rivanna Solar Farm on Buck Island Road/53
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.
Hello Sir:
Got your letter.
Will the farm require water for cooling of its components? If so, where will they get the water?
They have already started clearing the land. You highlighted in your letter in boldface that comments will be available to
view on April 21.
What good is that if they already started making a road into the "proposed' farm area? The letter says the County is to
review the proposal. Why then are they already clearing land for it?
Did you know they were clearing the land already? and that Dominion is working on the substation? Which may or
may be related to the solar farm to be fair.
If the farm takes groundwater, and our wells go dry, will the County or Rivanna Solar reimburse us, pay for us to get
water from you?
Is Rivanna Solar paying Albemarle County for groundwater if they need it?
I'm guessing whoever sold the land, the County, and Rivanna Solar are all making money on this deal.
What will we residents get for loss of looking at trees, less oxygen produced right next to us, whatever was living there
looking for new homes?
Especially those down the road who will have it run right up to their backyard? And have a "landscape buffer" installed?
Thanks sir.
James Kosierowski
Andy Reitelbach
From: Linda Yowell <buckridgefarm@embargmail.com>
Sent: Thursday, April 28, 2022 12:51 PM
To: Andy Reitelbach
Subject: Re: Rivanna Solar - Buck Island Road Side
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 Andy,
Thank you for forwarding the link to the solar facility proposal. I hope it's not too late to share my concerns but it did
take me a while to review the document. As the property owner of 2719 Buck Island Road (Parcels 093-50C & 50D), I do
have concerns because my properties' elevations are below the proposed solar farm site. While the E&S Plan and Storm
Water Management plans are referenced numerous times, actual plans were not included in any of the document links
sent to me. This is very disconcerting due to the fad that there are now developments to the south and east of my
properties which are directly impacting Buck Island Creek as there are no E&S Plan measures on any of those projects
from what I've observed. Also the final site plan doesn't seem to take into account water run off onto and through my
property which will directly affect Buck Island Creek.
Another area of concern is the habitat destruction for the bats (NLEB) noted under "Clearing & Grubbing 58.1, 58.1.1.
states no roost. Yet 58.1.2 states Rule 4 (d). Where is this rule shown? States that the bats active season began 4/15,
has any onsite follow up been done since then to assure there aren't any active in 5.5 mile vicinity. There has already
been heavy equipment doing some clearing on the property. The reason I'm mentioning this is the fact that not only
bats but other fauna habitat around my property are already greatly being impacted from the other projects. One of
which I've already referenced in my previous email of the massive clear cutting on the 200 acre Parcel 10500-00-00-
12400. It is also worth noting that this property also lies in higher elevation than mine so run off will be coming
from that as well as the solar farm all funneling down into Buck Island Creek. Another project, although further
down on Martin Kings Road, is the clearing that has been going on parts of the James Justice Properties. It
seems all of that earth disturbance is going to create runoff all going in to our area creeks, rivers, etc.
I greatly appreciate you taking a closer look at this proposed solar project and hope that if it moves forward, that
Albemarle County will make sure that the environmental impacts of will be kept to a minimal.
Thank you for your time and consideration of my comments.
Best regards,
Linda Yowell
On Mar 30, 2022, at 4:56 PM, Andy Reitelbach <mreitelbach@albemarle.ore> wrote:
Good afternoon Ms. Yowell,
Thank you for providing these comments regarding this solar facility proposal. I have included them in
the record for this application.
As you have requested, please use the following link to view the documents that were submitted by the
applicant (Adapture Renewables) for this site development plan application (SDP2022-00013 Rivanna
Solar Initial Site Plan):
https:Hlfweb.a I bemarle.org/webl i n k/search.aspx?d bid=3&sea rchcom ma nd=%7b%5 bCDD-
P lanni ne%5d:%5 bAppl icatio n N um ber%5d=%22SDP202200013%22%7d.
This site plan will be reviewed by County staff, as well as staff from partner agencies such as VDOT, to
ensure that it meets all the state and County regulations for the installation of a solar power generation
facility. As site plan review is an administrative process, the plan must be approved if it meets all of the
requirements. However, it is likely that the plan will go through several rounds of review before all
comments and questions from staff have been answered and addressed, which is typical for most site
plans.
In addition, the site plan will also be reviewed against the special use permit (SP2019-00010) that was
approved by the Albemarle County Board of Supervisors in 2019 to allow this solar facility. The approval
of this permit also included conditions that the property owner and applicant must comply with in order
for this site plan to be approved, as well as for construction and operation to occur after plan approval,
so review of compliance with those conditions is a part of this site plan review process as well. The
documents related to the special use permit SP2019-00010 can be found at the following link:
https:Hlfwe b.a I bemarle.ore/webl i n k/search.aspx?d bid=3&sea rchcomma nd=%7b%5 bCDD-
P la nni ng%5d:%5 bAppl icatio n N um ber%5d=%22SP201900010%22%7d.
If you have any further questions, please do not hesitate to reach out.
Best regards,
Andy
Andrew Reitelbach
Senior Planner II
Albemarle County
areitelbach@albemarle.ore
434.296.5832 x3261
401 McIntire Road
Charlottesville, VA 22902
-----Original Message -----
From: Linda Yowell <buckridgefarm@embarqmail.com>
Sent: Monday, March 28, 2022 4:50 PM
To: Andy Reitelbach <mreitelbach@albemarle.org>
Cc: msharp@adapturerenewables.com
Subject: Rivanna Solar - Buck Island Road Side
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. Reitelbach,
I would like to request the online link where I can review the plans for this solar development. To say
that I am a bit distraught over this proposed solar development is an understatement. My home is on
probably the most valuable property that is close to this proposed solar farm and I stand to loose a
significant amount of my property value if this project moves forward. The parcel where my home is on
(Tax Map 93 - Parcel 50C, 23.705 acres) is directly next to this proposed site at the Buck Island Road
entrance. I also own adjoining Parcel 50D, 97.764 acres, a mix of open farm pasture & forestry.
It is very unfortunate that we as residents don't really have a voice in any of this. This project looks like
it's already gotten the green light as I've seen the LOD (Limits of Disturbance" stakes as well as them
working on Dominion Power's station off of Rt. 53.
To add insult to injury, recently the 200 acre parcel that is next to my farm parcel, 50D has been
completely clearcut, a total desecration of forestry and rural beauty that Albemarle County claims to
strive for. Never even saw silt fences in place to protect from runoff. It wouldn't surprise me if
Albemarle County gets a request to grant a sub -division to be put in there.
Surely you can understand my predicament of now being sandwiched between two different
developments and neither will be impacting my property values positively.
After living here with my late husband for over 30 years, I had been thinking of selling my home to
downsize but now with this solar farm basically in my backyard, I'll be hard pressed to find a buyer even
in this market. I only hope that with the decline of my property value, Albemarle County's Real Estate
Assessment value for tax assessments will be reflected (Current combined values are at $1,453,200). 1
also hope that Adapture Renewables will be respectful of it's neighbors and make every effort possible
to make this solar farm as unobtrusive as possible with ample landscaping around the perimeter, etc. so
it's not as visible.
Thank you for hearing me out.
Sincerely,
Linda Yowell