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HomeMy WebLinkAboutSP202200014 Review Comments Appeal to BOS 2022-07-18County of Albemarle \;. Community Development Department - Planning Division July 18, 2022 Ms. Valerie Long Williams Mullen 323 Second Street SE, Suite 900 Charlottesville VA 22902 Scott Clark sclark@al bemarl e.o rx tel: 434-296-5832 ext. 3249 fax:434-972-4126 RE: SP202200014 Woodridge Solar Substation, SP202200015 Woodridge Solar, SE202200035 Woodridge Solar Dear Ms. Long: Your client's applications, listed above, have been reviewed by members of Albemarle County staff and our partner agencies. Review comments are provided below, organized by Department, Division, or agency. Plannine (Scott Clark) SP202200014 Woodridge Solar Substation o Please clarify or add to the substation layout(s) shown on sheet C5.0 of the conceptual plan. • Are both the proposed "Project Substation" and "Dominion Substation" to be built within the same substation envelope shown on the conceptual plan? Please show the overall layout of all proposed facilities. • Please provide information (at least estimates) on: • Structure heights • Footprint of surfaced vs. vegetated area • Impervious area • Noise generation of transformers or other equipment SP202200015 Woodridge Solar o Overall/Site Layout • A portion of the applicant's presentation at the community meeting suggested that the proposed area of disturbance and/or panel locations in the northwestern portion of the site would be reduced or removed. Please show this and any other layout changes on a revised conceptual plan. • If parcel 114-51 or any other parcels will not be included in the area of disturbance for the site, or used for access, we recommend that they be removed from the application and not shown as part of the project on the revised conceptual plan. • Please provide a phasing plan for construction of the site, to demonstrate the areas that would under construction and active erosion control at any given time. • The GIS data provided by Timmons shows that, on the eastern edge of parcel 114-69, a segment of Water Protection Ordinance buffer (purple area in image below) falls within the Limits of Disturbance. Please revise the conceptual plan to avoid use or disturbance of this area. WWW.ALBEMARLE.ORG 401 McIntire Roadl Charlottesville, VA 22902-4596 • In addition to the standard plan submittals, please provide revised site layout information as GIS data. o Grading and Soil • Soil conditions and grading are a significant element of concern with this application. Unlike sites in the lower Piedmont or the Coastal Plain, this site appears to require very extensive grading for the creation of slopes that would accommodate panel arrays. A large part of the justification for permitting solar energy facilities is that soil productivity will be maintained. This degree of grading raises concerns that soil productivity could be reduced by compaction and by distribution of subsoils. Wherever possible, major changes in existing topography should be avoided, and the extent and depth of grading should be reduced. • The extent and depth of grading shown so far, and the apparent condition of the soils, raise concerns for plant viability at the surface. Poor existing soils (including minimal/absent topsoil), the distribution of acidic, low -nutrient subsoils near the surface during grading, and grading -related compaction all raise concerns that new vegetation would have poor survival conditions. Please submit a detailed soil remediation plan that addresses proposed plans for soil management (tilling, ripping, etc., as well as topsoil banking during the grading phase, if viable topsoil exists) and soil amendment (lime, phosphorus, etc.) to ensure that plantings would be viable. (This plan should also address soils in portions of the 200-foot visual buffer where new plantings are proposed.) • From discussions during the review period, we understand that the submitted grading plan (showing over 488,000 cubic yards of soil importation) does not accurately reflect the intended site work, and that the intent is to balance the site and avoid importing fill. Staff cannot form a recommendation on this application until a grading plan reflecting the applicant's actual intentions has been submitted. We recommend that the site be designed to avoid soil exportation or importation. • More detailed information on the characteristics of the soil on the site is needed. Given the history of the site, typical soil profiles (topsoil, subsoil, saprolite) cannot be assumed to exist, and cores or profiles are needed to understand how soil redistribution would affect the site. • Normally, staff would recommend that the grading plan include the stockpiling and later redistribution of topsoil. However, we do not currently have enough information to evaluate the availability or suitability of topsoil on the site. • Ideally, the revised grading plan and new soil-remediation plan would be developed in consultation with experts in soil remediation and/or plant establishment on disturbed/graded sites, and would incorporate their recommendations. o Vegetation and Plantings • Please see the Natural Resource Manager's attached comments regarding seed mixes and preference for native species. Also, please provide verification that the volumes of seed needed for this site can be provided by suppliers. • Please explain how grading and construction would be timed so that planting of new vegetation would be timed to maximize success in plant establishment. • Although some management guidelines are provided in the conceptual plan, more details and logistis are needed. Please provide a detailed vegetation management plan for the life of the facility that specifies what maintenance activities will be carried out during each phase of the facility's operations; who will be responsible for maintenance activities and for repair/replanting of damaged WWW.ALBEMARLE.ORG 401 McIntire Roadl Charlottesville, VA 22902-4596 or poorly -performing areas; the frequency of on -site activities by responsible parties; and who the County would work with to remediate any failures to maintain the proposed on -site vegetation. • Is any vegetation management or restoration proposed within the 100-foot Water Protection Ordinance Buffers or floodplains on the site? We recommend that any cleared areas within those buffers be replanted with native hardwood species. o Decommissioning • The decommissioning plan refers to topsoil cover. Would this topsoil be obtained from the site (implying that existing vegetation planted for this use would be lost), or would it be imported from elsewhere? • Section 7.4(8) refers to topsoil stockpiling and use of stockpiled soil to replace the removed roads. How is this affected if the site does not include topsoil to be stockpiled? If topsoil is present, how would it be protected from loss/erosion during the expected 40-year life of the project? • Points regarding revegetation of cleared site areas in 7.4 should be reflected in the actual decommissioning plan in section 4. o Other Matters Please address water use (for cleaning, etc.), and whether or not new wells would be needed. The application proposes a six-inch gap under the fences for small -wildlife passage. What is the expected fence height? The following matters were raised by nearby landowners. We recommend that the applicants address these issues in a revised narrative, in order to inform the public. A list of sources for reference material would be helpful. • EMF/magnetic field impacts — field strength generated compared to other typical uses, and the distances at which any EMF generated by photovoltaic panels decays to background levels • Heat island effects — temperature increases, and the distance at which they can be detected • Impacts of the proposed use on the values of the surrounding properties. • SE202200035 Woodridge Solar (critical slopes) o Please seethe Engineering comments on this application. As noted above, until a more -accurate grading plan is submitted, staff cannot provide a recommendation on this application. Natural Resources (Kim Biasiolli) • SP202200014/SP202200015: Please see attached memo. Historic Preservation (Mar¢aret Maliszewski) The project area is located within the Southern Albemarle Rural Historic District and retains a rural character, which is a key element of the district's significance. The proposal should include sufficient measures to maintain the rural character of the area throughout the life of the project. 1. Provide additional information to clarify the extent of visibility of the panels from off -site locations, including but not limited to the Southern Albemarle Historic District. 2. Provide photo -simulations from additional viewpoints to illustrate the view from Jefferson Mill Rd. 3. Provide an overlay of the panel locations and the cultural resource probability areas for review. 4. Revise the diagram on page 7 of the narrative and sheet C6.1 of the plan to accurately reflect the location of buffer elements within the 200' buffer (fence, meadow, forest, 20'-wide added screening). Revise the "Vegetative Buffer" paragraph on page 6 of the narrative to more clearly describe the locations. Note that fence installed on the "interior of the buffer" can be interpreted multiple ways. 5. The narrative states that vegetative buffering will be maintained throughout the life of the project. Does this include the addition of screening over time as currently existing forest changes over time? WWW.ALBEMARLE.ORG 401 McIntire Roadl Charlottesville, VA 22902-4596 6. Provide aerial photographs (from 2021 or later) or current vegetation -cover mapping of the site and use that current information as the base map for a planting plan showing where the existing buffer will remain, and where additional screening plants will be required. This planting plan should be shown at a more detailed scale than the current single -sheet plan, and should be presented as multiple sheets with more detail, as with the format of the current grading plan. 7. Limit the buffer plant list to native trees and shrubs. 8. Follow the recommendations of the Stantec cultural resources assessment. Zonin¢ (Lea Brumfield) • Zoning comments will be provided as soon as they are available. En¢ineerina (Emily Cox) • SP202200014/SP202200015: Please see attached memo. • SE202200035: Please see attached memo. VDOT • SP202200014: Please see attached memo. • SP202200015: Please see attached memo. Action after Receipt of Comments After you have read this letter, please take one of the actions identified on "Action After Receipt of Comment Letter" which is attached. If you choose to resubmit, please use the form at the following link. There is no fee for the first resubmittal. The resubmittal date schedule will be provided on the County website. Please contact me with any questions and/or requests for assistance you may have. I can be reached at sclarkkalbemarle.org or 434-296-5832, ext. 3249. Sincerely, Scott M. Clcwkl Scott Clark Senior Planner II Planning Division enc: Action After Receipt of Comment Letter WWW.ALBEMARLE.ORG 401 McIntire Roadl Charlottesville, VA 22902-4596 DEPARTMENT OF COMMUNITY DEVELOPMENT ACTION AFTER RECEIPT OF COMMENT LETTER Within 30 days of the date of this letter, please do one of the following: (1) Resubmit in response to review comments (2) Request indefinite deferral (3) Request that your Planning Commission public hearing date be set (4) Withdraw your application (1) Resubmittal in Response to Review Comments If you plan to resubmit within 30 days, make sure that the resubmittal is on or before a resubmittal date as published in the project review schedule. The full resubmittal schedule may be found at www.albemarle.oin the "forms" section at the Community Development page. Be sure to include the resubmittal form on the last page of your comment letter with your submittal. The application fee which you paid covers staff review of the initial submittal and one resubmittal. Each subsequent resubmittal requires an additional fee. (See attached Fee Schedule.) (2) Request Indefinite Deferral If you plan to resubmit after 30 days from the date of the comment letter, you need to request an indefinite deferral. Please provide a written request and state your justification for requesting the deferral. (Indefinite deferral means that you intend to resubmit/request a public hearing be set with the Planning Commission after the 30 day period.) WWW.ALBEMARLLORG 401 McIntire Roadl Charlottesville, VA 22902-4596 (3) Request Planning Commission Public Hearing Date be Set At this time, you may schedule a public hearing with the Planning Commission. However, we do not advise that you go directly to public hearing if staff has identified issues in need of resolution that can be addressed with a resubmittal. After outstanding issues have been resolved and/or when you are ready to request a public hearing, staff will set your public hearing date for the Planning Commission in accordance with the Planning Commission's published schedule and as mutually agreed by you and the County. The staff report and recommendation will be based on the latest information provided by you with your initial submittal or resubmittal. Please remember that all resubmittals must be made on or before a resubmittal date. By no later than twenty-one (21) days before the Planning Commission's public hearing, a newspaper advertisement fee and an adjoining owner notification fee must be paid. (See attached Fee Schedule) Your comment letter will contain the actual fees you need to pay. Payment for an additional newspaper advertisement is also required twenty-two (22) days prior to the Board of Supervisors public hearing. These dates are provided on the attached Legal Ad Payments for Public Hearings form. Please be advised that, once a public hearing has been advertised, only one deferral prior to the Planning Commission's public hearing will be allowed during the life of the application. The only exception to this rule will be extraordinary circumstances, such as a major change in the project proposal by the applicant or more issues identified by staff that have not previously been brought to the applicant's attention. As always, an applicant may request deferral at the Planning Commission meeting. (4) Withdraw Your Application If at any time you wish to withdraw your application, please provide your request in writing. Failure to Respond If we have not received a response from you within 30 days, we will contact you again. At that time, you will be given 10 days to do one of the following: a) request withdrawal of your application, b) request deferral of your application to a specific Planning Commission date as mutually agreed to with staff, or c) request indefinite deferral and state your justification for requesting the deferral. If none of these choices is made within 10 days, staff will schedule your WWW.ALBEMARLE.ORG 401 McIntire Roadl Charlottesville, VA 22902-4596 application for a public hearing based on the information provided with your original submittal or the latest submittal staff received on a resubmittal date. Fee Payment Fees paid in cash or by check must be paid at the Community Development Intake Counter. Make checks payable to the County of Albemarle. Do not send checks directly to the Review Coordinator. Fees may also be paid by credit card using the secure online payment system, accessed at http://www.a lbemarle.org/department.asp?department=cdd&relpage=21685. WWW.ALBEMARLE.ORG 401 McIntire Roadl Charlottesville, VA 22902-4596 County of Albemarle \;. Community Development Department - Planning Division MEMORANDUM TO: Scott Clark FROM: Kim Biasiolli RE: SP-2022-00015: Woodridge Solar DATE: June 30, 2022 KIM BIASIOLLI kb iasiol I i @al bemarle.orx tel: 434-296-5832 ext. 3325 fax:434-972-4126 The following comments are provided to encourage the design of a development that protects important natural resources identified within and adjacent to the site. General comments as well as specific recommendations on the narrative and plan (first submittal) are included. 1. Veeetation Management A. Virginia Pollinator -Smart Solar Industry Certification is recommended, including following the guidelines in the Pollinator -Smart Comprehensive Manual for site suitability analysis, vegetation management plan, installation, monitoring, and adaptive management. B. Please described how the vegetation management plan will implemented and updated to respond to changing site conditions over the life of the project. C. Species selection for vegetative buffer and groundcover plantings should be based on the site conditions (soil type, moisture, light availability). Native species are recommended as they are more likely to be well suited to the local site conditions and will maximize co -benefits for biodiversity. D. Vegetative Buffer - Property Line 200' (Narrative p 6&7) i. Within the 200' setback, the narrative describes a forest section with a minimum of 100' of mature existing vegetation. Please show the minimum 100' of mature existing vegetation on the diagram (page 7 of the narrative and on Sheet C6.1 on the plan), between the property line and the inner 100' of buffer. ii. The diagram shows 80' of pollinator meadow with a 20' planting strip for the inner 100'. Please reduce the width of the pollinator meadow to the minimum width necessary to prevent shading of the panels and replace with mature existing vegetation (if it exists onsite) or an expanded planting strip of native trees and shrubs. iii. Recommended Buffer Plant List on Sheet C6.1. Please use native and site appropriate species. Technical experts can provide site specific species recommendations, and the County's Native Plant Database can be used to select site -appropriate native trees for the landscaping plan. Adding more native woody species to the list for additional diversity in the planting strip is recommended. Hardwood species such as native oaks would maximize benefits for biodiversity and may not need to be evergreen (for the inner 100' of the 200' setback). ➢ Tsuga canadensis (Eastern hemlock) -native but not recommended due to the extensive dieback of hemlocks in our area from the hemlock wooly adelgid. ➢ Magnolia grandiflora and sweet bay magnolia are two different species; neither is native to Albemarle County and these may not thrive in this soil type. ➢ Ilex glabra -not native to the Piedmont or Albemarle County. This species and Ilex verticillata typically grow in very wet sites. ➢ Native evergreen replacement species might include Ilex opaca (American holly), Juniperus virginiana (eastern red cedar), Kaimiaiatifoiia(mountain laurel). WWW.ALBEMARLE.ORG 401 McIntire Roadl Charlottesville, VA 22902-4596 E. Groundcover plantings: Utilization of VA Northern Piedmont ecotypes wherever possible is recommended. i. Solar Farm Seed Mix includes some non-native species and some that do not seem appropriate for locating under panels due to their light requirements. Please use native, non-invasive species that are site appropriate. A native dry woodland species mix can be created by Ernst, which may be more site appropriate and would maximize benefits for biodiversity. ➢ Please remove non-native species: Festuca ovinavar. duriuscu/a (Hard Fescue 'Jetty' and Hard Fescue 'Gladiator'), Poa pratensis(Kentucky bluegrass), and Trifo/ium repens(White Clover, Dutch). Replace with native species. P. pratensis and T. repensare also considered to be invasive species in the mid -Atlantic. ii. VA Solar Pollinator Buffer Mix includes E. purpurea (non-native to Virginia), C. /anceo/ataand P. digitalis (nativity uncertain), and B. austra/is(not native to the Piedmont). Recommend removing non-native species and including 1-2 native So/idagospp. iii. VA Northern Piedmont Detention Basin Mix includes appropriate species. However, there is a mix designed for the same conditions that is used in County -owned detention basins (Albemarle Stormwater Mix). F. Stream Buffers & Wetlands The conceptual plan shows avoidance of Water Protection Ordinance Buffers and delineated wetlands. Please describe any planned management of these areas. Active planting and restoration with native woody riparian vegetation is recommended for areas that are currently open or impacted from the timber harvest operation. 2. Soil Conservat/on A. Much of the project site includes soils mapped as prime farmland and farmland of statewide importance. The narrative (p8) describes minimization of grading; however, the conceptual plan illustrates extensive grading on the site. Removal, redistribution, and compaction of soils may impact natural vegetation growth, limit the viability of proposed plantings, and influence the site's potential for future reversion to agricultural use. i. Consider reducing the extent of grading on the site and avoid importation of foreign soil to the site. ii. Consider extending panel height or other measures that work with existing topography to avoid soil impacts. iii. A site suitability analysis is recommended, including soil analysis and prepping the site prior to planting based on current conditions (soil pH, nutrient availability, etc.). iv. Limiting and/or addressing soil compaction after construction and prior to planting is recommended. V. Include decompaction and other soil remediation measures as part of the decommissioning plan. 3. Roads A. Please distinguish between existing roads and proposed new internal roads on the conceptual plan. B. Internal roads are shown between the rows of panels only in some locations. Please describe whether these roads will be required between all of the blocks of panels, and if/how they will surfaced. 4. Lieht/ng (Narrative p 5&6) A. Please provide more detail on the specific type of lighting proposed, and the frequency and timing of its use. B. Outdoor lighting impacts can be minimized by: i. Utilizing fully shielded fixtures; ii. Ensuring all outdoor fixtures have a color temperature of 3000K or less; and iii. Dimming and/or turning off outdoor lights between 10 PM - 5 AM. 5. D commiss/oninga/an(p121) A. Please expand description of (6) Site Restoration to provide more detail. Extensive grading and compaction of soils may impact the ability of the site to easily return to productive agricultural or forestal uses. Decompaction and seeding is described but it is unclear whether the costs of these activities are accounted for in Table 7-1. B. Please describe the process of removal and restoration of internal roads. 6. Chemical Use A. Please describe how the panels will be cleaned. WWW.ALBEMARLE.ORG 401 McIntire Roadl Charlottesville, VA 22902-4596 �$ County of Albemarle m COMMUNITY DEVELOPMENT DEPARTMENT Memorandum To: Scott Clark From: Emily Cox Date: 07/05/2022 Subject: Woodridge Solar (SP202200015) 401 McIntire Road, North Wing Charlottesville, VA 22902-4579 Telephone: 434-296-5832 WWW.ALBEMARLE.ORG The Woodridge Solar Special Use permit has been reviewed by Engineering. The following comments will need to be addressed before approval: 1. [Narrative Page 8] The section titled Streams, Floodplain & Wetlands says there will be no impact, however, there will be some impact for the internal road construction/upgrades at the stream crossings and for any stormwater outfalls. Please revise to include this disturbance. 2. Please note that per 17-600, "The stream buffer shall extend to whichever of the following is wider: (i) 100 feet on each side of any perennial or intermittent stream and contiguous nontidal wetlands, measured horizontally from the edge of the contiguous nontidal wetlands, or the top of the stream bank if no wetlands exist; or (ii) the limits of the flood plain." 3. Floodplain development permit will be necessary and must be approved before land disturbance permit will be issued. 4. A floodplain study (in accord with Zoning Ordinance section 18-30.3.13.C.l(a) will be required prior to WPO plan approval. 5. [Sheet C 3.6] Please remove internal road from the buffer. 6. Please review all internal road locations. The roads do not appear to be shown to scale per the detail on Sheet C 5.0 (16' wide) and some are very close to the buffer. Once built to scale, they would disturb the buffer. 7. Please show the roads, buffers, floodplaln, wetlands and SWM facilities on the grading sheets. 8. Do you intend to phase the construction? If so, please show the proposed phasing plan. 9. A WPO VSMP plan will need to be approved before the land disturbance permit can be issued. Comments to note regarding this VSMP include: a. Pre -development condition for the VRRM should be forested. b. The outfall of the SWM facilities should be combined as much as possible to limit disturbance to the buffers. c. Energy balance must be used for concentrated outfalls into natural conveyance systems. 10. Please describe how you will provide seed bed preparation to establish the proposed grasses and plants. The soils appear to be poor soils with little infiltration (HSG D). For example and requirements, see VESCH 3.32, permanent seeding. �$ County of Albemarle m COMMUNITY DEVELOPMENT DEPARTMENT Memorandum To: Scott Clark From: Emily Cox Date: 07/05/2022 Subject: Woodridge Solar (SE202200035) 401 McIntire Road, North Wing Charlottesville, VA 22902-4579 Telephone: 434-296-5832 WWW.ALBEMARLE.ORG The Woodridge Solar Critical Slopes Waiver has been reviewed by Engineering. The following comments will need to be addressed before approval: 1. Is all disturbance necessary? For example, in a few locations it appears there could be a few less panels and no disturbance to the critical slopes. 2. Please provide a proposed grading plan. 3. Please explain how slopes will be stabilized. COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION Stephen C. Brich, P.E. 1401 East Broad Street (804) 7862701 Commissioner Richmond, Virginia 23219 Fax: (804) 786.2940 June 21, 2022 County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Attn: Scott Clark Re: Woodridge Solar Substation — Special Permit SP-2022-00014 Review # 1 Dear Mr. Clark: The Department of Transportation, Charlottesville Residency Transportation and Land Use Section, has reviewed the above referenced plan as prepared by Timmons Group, dated 16 May 2022, and offers the following comments: 1. Black Branch Farm Rd is a private road and any entrance off this road will require proper easements. 2. Sight -distance from Black Branch Farm Rd onto Jefferson Mill Rd appears to have problems, and may cause problems for trucks leaving after delivering equipment and materials. 3. 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. These plans appear to be generally acceptable. If further information is desired, please contact Doug McAvoy Jr. at (540) 718-6113. A VDOT Land Use Permit will be required prior to any work within the right-of-way. The owner/developer must contact the Charlottesville Residency Transportation and Land Use Section at (434) 422-9399 for information pertaining to this process. Sincerely, Doug McAvoy Jr., P.E. Area Land Use Engineer Charlottesville Residency VirginiaDOT.org WE KEEP VIRGINIA MOVING COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION Stephen C. Brich, P.E. 1401 East Broad Street (804) 7862701 Commissioner Richmond, Virginia 23219 Fax: (804) 786.2940 June 21, 2022 County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Attn: Scott Clark Re: Woodridge Solar Farm — Special Permit SP-2022-00015 Review # 1 Dear Mr. Clark: The Department of Transportation, Charlottesville Residency Transportation and Land Use Section, has reviewed the above referenced plan as prepared by Timmons Group, dated 16 May 2022, and offers the following comments: 1. Black Branch Farm Rd and Eyeland Dr are private roads and any entrance off these roads will require proper easements. 2. Sight -distance from Black Branch Farm Rd onto Jefferson Mill Rd appears to be lacking and may cause problems for trucks leaving after delivering equipment and materials. 3. Sight -distance from Eyeland Dr onto Secretary's Rd appears to be lacking and may cause problems for trucks leaving after delivering equipment and materials. 4. Some of the entrances shown will need to be upgraded to meet the standards of a Low - Volume Commercial Entrance. 5. 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. These plans appear to be generally acceptable. If further information is desired, please contact Doug McAvoy Jr. at (540) 718-6113. VirginiaDOT.org WE KEEP VIRGINIA MOVING June 21, 2022 Attn: Scott Clark A VDOT Land Use Permit will be required prior to any work within the right-of-way. The owner/developer must contact the Charlottesville Residency Transportation and Land Use Section at (434) 422-9399 for information pertaining to this process. Sincerely, Doug McAvoy Jr., P.E. Area Land Use Engineer Charlottesville Residency