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HomeMy WebLinkAboutSP202200014 Correspondence 2022-09-20May 16, 2022 Revised: September 19, 2022 HE)(AGON sanaeZem Woodridge Solar, LLC Special Use Permit Application Narrative for Solar Energy Facility and Energy and Communications Transmission Facilities (Substation) Tax Map Parcels 114-51; 114-55, 114-56, 114-58, 114-65, 114-68; 114-69, 114-70, 115-10 SP 2022-014 SP 2022-015 Hexagon Energy, LLC is a clean energy development firm based in Charlottesville and the sole owner of Woodridge Solar, LLC (the "Applicant"). Hexagon Energy has delivered over 6,500 megawatts of clean energy to communities across the United States. Hexagon Energy is committed to helping our community achieve a future of clean energy, and the company is pleased to propose a solar energy project in Albemarle County. PROJECT PROPOSAL Woodridge Solar is a proposed solar energy facility (the "Project") to be located near Woodridge, in the Scottsville Magisterial District, within a project area of approximately 1,500 timbered acres (the "Special Use Permit Area") located on nine parcels of land with a total acreage of approximately 2,259 acres (collectively, the "Property"). The panels will encompass 650 acres, and the remaining acreage of the project area will be restored and planted with pollinators and meadow mix. The Property is zoned Rural Areas. The Project is a "solar energy system" that may be allowed by special use permit in the Rural Areas district Zoning Ordinance § 10.2.2(58). A "solar energy system" is defined as "an energy conversion system consisting of photovoltaic panels, support structures, and associated control, conversion, and transmission hardware occupying one-half acre or more of total land area." Zoning Ordinance § 3.1. As part of the Project, a substation or "energy and communications transmission facilities" is also proposed and may be allowed by special use permit in the Rural Areas district Zoning Ordinance § 1 10.2.2(6). An "energy and communications transmission facility" is defined as "electrical power substations, transmission lines and related towers; gas or oil transmission lines, pumping stations and appurtenances; unmanned telephone exchange centers, micro -wave and radio -wave transmission and relay towers, substations and appurtenances; but excluding personal wireless service facilities." Zoning Ordinance 4 3.1. The Project will be located on property owned by J D Land Holdings, L.C., a Virginia limited liability company (the "Owner"). The Special Use Permit Area will consist of approximately 1,500 acres as which is a portion of 2,259 acres of the following parcels: Tax Map Parcel Acreage Special Use Permit Area Acreage 11400-00-00-05100 113 97.5 11400-00-00-05500 89 78.1 11400-00-00-05600 14.8 12 11400-00-00-05800 143.65 81.9 11400-00-00-06500 35A8 34.2 11400-00-00-06800 42 16.4 11400-00-00-06900 42 37.9 11400-00-00-07000 1728 1097.2 11500-00-00-01000 48.5 44.5 The Property has been historically used for timbering of planted pine over the last 80 years and a significant portion of the site is already cleared. The Project will allow the Property to be restored and rest, once all site work is complete, for the next 35 years. See Attachment A. The Project has a nameplate capacity of 138 megawatts AC from equipment installed on approximately 630 acres of the Property. The Project will deliver over 315 million kWh of clean, emissions free power to our electrical grid, enough to power over 25,000 homes each year. The power generated by the Project will be sold via a long-term (20 year) power purchase agreement to a public utility or entity with suitably high -power usage. Such entities include large corporations, non -profits, Universities, municipalities, or the Commonwealth of Virginia. This Project and location is ideal for the following reasons: it is immediately adjacent to existing transmission lines, is a large parcel with a single landowner which allows for it to be easily leased and controlled, given its size it can accommodate a utility scale project and have significant space for large buffers and setbacks, necessary stormwater management facilities, avoid environmental features such as streams and wetlands, and allow for smaller subarrays instead of a large expanse of arrays. 2 In addition, the Project and site has been carefully designed to mitigate and minimize the impacts in the short, intermediate, and long term by: Short Term: Phasing the construction, balancing the grading on the site, providing large planted buffers, and removing the need to subdivide the property or timber the land for the property owner by providing the certainty of a long-term revenue stream. Intermediate Term: Production of renewable energy that supports Climate Action Plan, establishment and availability of pollinators for wildlife and environmental health, nominal vehicle trips, no noise or dust from prior timbering operation, landscaping will flourish including trees and native meadows, wildlife can move through the established corridors between arrays and stream buffers. Long Term: Decommissioning Plan provides assurances that the equipment is removed, and the site is restored to allow an agricultural use to begin or silvicultural use to resume. Given the current state of the property, the site will be in better shape to allow for a less intensive agricultural use than the prior timbering operation. CHARACTER AND USE OF SURROUNDING PARCELS The surrounding land is used for agricultural, forestry, conservation, and residential purposes. The operation of a solar facility in the Rural Area would not affect the viability of agriculture, forestry, or conservation in the surrounding rural landscape. CONSISTENCY WITH THE COMPREHENSIVE PLAN Rural Areas Plan The Property is designated for Rural Areas in the Comprehensive Plan. The Rural Areas Plan supports agricultural and silvicultural uses, and the protection of natural and cultural resources. The Project is consistent with the Comprehensive Plan because it would preserve lands for future agricultural and silvicultural uses. Unlike other utility uses such as traditional power plants, the Project would not permanently remove land from agricultural or silvicultural uses. After the Project has reached the end of its useful life, which is expected to be approximately 35-40 years, the solar energy equipment can be removed from the Property and the land can be returned to agricultural or silvicultural uses. The Project plans to preserve large areas of vegetated buffers along the Property's boundaries and public roads to screen the solar energy equipment from adjacent parcels and roads. In addition to helping screen the facility, a vegetated buffer would help establish a perimeter that supports the character of the surrounding rural landscape. Natural Resources The Natural Resources chapter of the Comprehensive Plan refers to the Local Climate Action Planning Process Report, which the County approved on September 7, 2011. That report recommended that 3 the community "promote wider awareness and adoption of cleaner sources of electrical energy (e.g., solar photovoltaic, co -generation, biomass, wind)." In addition, the Natural Resources chapter (Page 4.45) of 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 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. The proposed project will meet these objectives. Historic Resources The Property is located within the geographic boundaries of the Southern Albemarle Rural Historic District, a national historic district listed on the National Register of Historic Places (the "SARHD" ). None of the nine parcels making up the Property are identified as contributing to the SARHD. Therefore, the Property is not listed on the National Register. The County GIS indicates that parcels 114-51 and a sliver of the adjacent parcel 114-55 is within the Monticello Viewshed which is less than 5% of the total project site. However, no panels are proposed within parcel 114-51 and only a very small portion of 114-55 is within the viewshed. Given that the installed solar facility equipment has a low profile (< 10' high), the vast majority, if not all, of the Project is not expected to cause visual impacts to the Monticello Viewshed. The Applicant met with Liz Russel, the Director of Planning, Sustainability, & Project Management at Monticello and she did not express any concerns with the proposal, memorializing her lack of concern with the project in a letter to the County, and is in support of solar. PUBLIC NEED AND BENEFIT Economic Development and Direct Revenue to the County The Project has been evaluated by Mangum Economics in a report provided in Attachment L. This report provides analysis on the economic and fiscal contribution that the proposed Project would make to Albemarle County. The County can benefit directly from the Project in the form of increased tax revenue, both from real property tax and from personal property taxation. In addition to direct revenue from taxes, there are other economic benefits to consider. The largest of these is jobs directly attributable through the construction of the Project. Hexagon Energy and other local environmental, engineering, and consultants that are employed through the Project contribute to the local economy in Albemarle 4 County. In addition, upon reaching construction, the Project would contribute to support local jobs by sourcing local contractors and subcontractors wherever possible. From fence installers, to panel electricians, civil engineers, and construction laborers, significant local job creation during the engineering and construction of the Project is guaranteed. After construction of the solar project, it is anticipated that the real property taxation will increase due to the increased value placed on the Project. The report provides detailed analysis and provides the following primary findings: The proposed Woodridge Solar project would make a significant economic contribution to Albemarle County: • The proposed Woodridge Solar project would provide an estimated one-time pulse of economic activity to Albemarle County during its construction phase supporting approximately: 249 direct, indirect, and induced jobs. $14.4 million in associated labor income. $38.8 million in economic output. • The proposed Woodridge Solar project would provide an estimated annual economic impact to Albemarle County during its ongoing operational phase supporting approximately: 5 direct, indirect, and induced jobs. $267,200 in associated labor income. $667,500 in economic output. The proposed Woodridge Solar project would also make a significant fiscal contribution to Albemarle County. The proposed project would generate approximately: • $987,100 in state and local tax revenue from the one-time pulse of economic activity associated with the project's construction. • $13.9 million in cumulative county revenue over the facility's anticipated 35-year operational life assuming revenues are generated from the reassessment of the real property and the taxation of the associated capital investments, (Scenario 1); or • $12.4 million in cumulative county revenue over the facility's anticipated 35-year operational life assuming revenues are generated from the reassessment of the real property and payments associated with a locally adopted revenue share ordinance. The payments would be based on the project's generation capacity and would include a 10 percent escalator every five years pursuant to recently passed legislation (Scenario 2). 5 The proposed Woodridge Solar project would have a significantly greater fiscal impact on Albemarle County than the property generates in its current agricultural use: • The proposed Woodridge Solar project would generate approximately $13.9 million (from taxation on capital equipment) or $12.4 million (from a revenue share agreement) in cumulative county revenue over the facility's anticipated 35-year operational life, as compared to approximately $137,000 in cumulative county revenue in the property's current agricultural use — a difference of approximately $13.7 million and $12.3 million. $16,000,000 $14,000,000 $12,000,000 $10,000,000 $8,000,000 $6,000,000 $4,000,000 $2,000,000 $0 Estimated Cumulative Albemarle County Revenue over 35 Years $13,851,000 Current Agricultural Use Proposed Solar Project Use Proposed Solar Project Use Scenario 1 Scenario 2 (Taxation of Capital (Revenue Share) Investments) The proposed Woodridge Solar project would provide a boost to Albemarle County's construction sector: • At 2,183 jobs, construction is Albemarle's sixth largest major industry sector.' However, the construction sector posted the sixth largest employment loss of any major industry sector in the county between the first quarter of 2020 and the first quarter of 2021(a loss of 110 jobs). • The proposed Woodridge Solar project could directly support approximately 206 jobs and $12.1 million in labor income in Albemarle County's construction sector. Another consideration is the amount of public services that accompany this additional tax revenue base; while the Project will increase tax base provided to the County from the Project, it will not have any significant draw on public resources such as schools, sewer and water, or roads. M Climate Action Plan In October 2020, the County adopted the Climate Action Plan that recommends a number of strategies and actions for renewable energy and other initiatives. The Project will specifically contribute to the following strategies and actions: Strategy: Enable and incentivize utility scale renewable energy projects in the County Code and during the community development regulatory process. Actions: • Establish a County policy clarifying this strategy to enable and incentivize utility -scale renewable energy projects, incorporating holistic analysis of local impacts on equity and environment. • Review the building, zoning, subdivision, land use, and tax sections of the County Code for opportunities to better facilitate and incentivize renewable energy projects. Encourage and prioritize the use of roof tops, parking lots, brownfields, landfills, and post-industrial or other open lands over forested or ecologically valuable lands. Strategy: Partner with utilities and renewable energy companies to increase local renewable energy and energy storage initiatives. Actions: • 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 lands. POTENTIAL IMPACTS OF THE PROPOSED PROJECT Impact to Adjacent Properties There are a number of single-family residential lots and vacant parcels that are adjacent to the Project. Mitigation of the Project will be done through the careful siting of the panels, setbacks of 200 feet from any parcel boundary, and use of existing vegetation and additional planted vegetation for buffering as necessary. The plan has been updated to remove a large section of panels that were near existing homes along Eyeland Drive to reduce the impact to those neighbors. Real Estate When properly screened and set back from surrounding residences and properties, the data show that solar arrays have no negative impact on property values across the Commonwealth of Virginia. Attachment G was prepared for a proposed solar array in Surry County, VA and used current academic and professional literature, as well as a series of match -pair analyses from around Virginia and the region, and it concludes that solar arrays do not negatively impact the value of adjacent properties, so long as they use some form of minor screening. Woodridge Solar will provide heavy screening and includes industry -leading setbacks, so it is not anticipated to have any negative impact on surrounding property values. In fact, the report notes that solar arrays can mildly increase property values given that they are quiet, do not generate traffic, and reduce further residential development. 7 Glint and Glare Study and Analysis Research shows that solar panels, while flat and somewhat shiny, are designed to absorb light, rather than reflect it and therefore produce less glint and glare than snow or concrete. An analysis for Woodridge was conducted 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, and it was determined that the proposed solar facility would not pose a risk to air traffic and no further glare and glint study would be necessary. The results can be found in Attachment E. Lighting The Applicant recognizes and appreciates the County's desire to protect its dark skies. All lighting will comply with the County's Zoning Ordinance requirements and will be kept to the minimum necessary to ensure the safe operation of the facility. All lighting will be designed to prevent spillover and will be arranged or shielded away from adjoining residences and roads. Visibility Analysis Hexagon conducted a visibility analysis and photo renderings of proposed conditions at locations along Secretary's Road and adjacent to property to the south of the project, see Attachment C. While there is some visibility from Secretary's Road, the proposed vegetation buffer will minimize the visibility such that it will have a negligible impact from the road. Noise Analysis Solar facilities produce negligible noise when operating, such that any noise produced becomes inaudible at approximately one hundred (100) feet from the noise producing components. These components include inverters and tracker motors, which have few moving parts that produce decibel levels that will not be heard from adjacent properties. The solar inverters have a manufacturer listed noise rating of sixty-five (65) decibels at one meter aware from the inverter. The CDC reports this level of noise as comparable to an air conditioner, washing machine, or dishwasher. The inverters on the site will be setback at least two hundred (200) feet from property lines. 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 of a refrigerator hum. There will be some noise increase during construction of the facility. It is estimated that the construction will take between 12 and 18 months. However, noise producing construction activities will be limited to daytime hours. The amount and frequency of noise is anticipated to be similar to the timbering activity that has occurred on site for 80 years. Electromagnetic Fields A common question asked about solar arrays is if they generate harmful electromagnetic fields (EMFs). All forms of alternating electricity generate EMFs, and solar arrays are no exception. At the array inverters, where direct current electricity from the panels is transformed into the alternating current used on the power grid, an electromagnetic field is generated. However, this field is not harmful to humans, even when standing right next to the inverter. EMF strength also drops precipitously with distance, and at a distance of 150ft from the inverter the strength of the field is less than in a typical kitchen. All of Woodridge's inverters will be located in the interior of the site, inside H the fenceline, and the fenceline is in all cases at least 200ft away from any public right-of-way or any other property's boundary, so there is no threat of harm from EMFs from the solar project. Please see Attachment H for a detailed report on this topic. Heat Island According to current data, solar arrays do not cause permanent or continuous heat islanding. In the heat of the day, a solar array may increase the temperature directly around it by around 3 or 4 degrees Fahrenheit, but this temperature increase dissipates every night so there is no sustained warming to the area in or around a solar array. Even in the heat of the day, temperatures around the solar array dissipate to ambient temperatures at a distance of around 300 meters or about 1,000 feet. Please see Attachment I for a further information. Vegetative Buffer The Project site has been evaluated to determine visibility impacts from adjacent roads and properties where vegetation is sparse or not existent, and a two hundred (200) foot setback has been established along the property boundaries. The existing mature vegetation will be used as buffer and screening wherever possible within the 200 feet. The setback will be divided into two sections: forest and meadow. Where the existing mature vegetation and trees will remain, the forest section will be a minimum of 100 feet. Within the other 100ft-wide section, native pollinator -friendly meadow mix will be planted. In areas in the forest section where possible visibility will occur along the roads and adjacent to residential homes, an additional planted vegetative screening buffer ("planting strip') will be provided as shown on the concept plan and detailed in the diagram below, that will be 20 feet wide and the meadow width will be 80 feet wide. The security fence will be located closest to the solar arrays and not within the 20' planted strip but may be located within the meadow buffer area. Native, non- invasive species will be utilized for the planted vegetative screening. Vegetative buffering will be maintained throughout the life of the Project as described in the Vegetation Management Plan. W VEGETATIVE BUFFER PLANTING TEMPLATE 100 LINEAR FEET SOLAR ARRAYS PROPOSED PERIMETER FENCE: 8 FT. HT. CHAIN -LINK WITH 8' GAP BETWEEN FENCE AND GROUND (TYP) F • i•• i. i•. . . . �. .♦.♦ •. •. . . • • • . . • ♦ POLLINATOR'. • • ♦ . MEADOW •.....•..................... 200'MIN. . ••♦•♦•♦••••••••••�•♦•�♦•♦�♦•.•♦. .•�♦•♦�.•♦♦• SETBACK • ♦ • • • • • • • • • • • ♦ ♦•. . 2lY•_ PLANTINGSTRIP - —�� QQ� — .�O— _ —`ate —� — —� - WH MIN. EVERGREEN TREES, 140.C. 18'H MIN. SHRUBS, 18' O.C. 100, mow`°.'•_.ems �A1r�G I�111�:an�. PROL PERTY LINE Security The Project components will be completely enclosed in a perimeter fencing of not less than 6 feet. When possible, The Project will be split into several individual sub -arrays, each individually fenced to allow for natural wildlife corridors. The fencing will serve to prevent unauthorized personnel from entering the Project site and will protect the system components from damage from wildlife. Locked gates will be installed to allow for ingress and egress of authorized personnel. Temporary fencing will be installed, as necessary for safety and security, during construction. Access will be limited to authorized personnel, including designated County officials. Public Facilities & Public Infrastructure As stated above, the Project will not have any impacts to roads or schools. A Traffic and Route Evaluation Study has been completed by Timmons Group, see Attachment J. Site access has been identified on the concept plan. The majority of the access points are existing entrances and accessways that have been used by Dominion, for the timbering operation, or for hunting activities. Temporary traffic control measures that meet VDOT and the County's best management practices, will 10 be employed during construction. Once operational, there will be no daily staff at the Project site and site visits are expected to be limited to approximately one or two times per week or less. It is not anticipated that the Project would impact other County services such as Fire/Rescue and Police. All project gates will have a knox box that will be accessible to Fire/Rescue and Police should the need to access the project area arises. If requested, the Applicant will provide training for Fire/Rescue personnel to address the unique characteristics of a utility scale solar facility. Environmental Resources Streams, Flood plain, and Wetlands A wetland delineation, along with field verification, was performed by Wild Ginger Services to identify all streams, flood plain, and wetlands as shown on the Concept Plan, and the delineation was approved by the US Army Corps of Engineers on April 25, 2022. The Project has been designed to ensure that there will be minimal impact on any identified streams, flood plain, or wetlands within the Special Use Permit Area. Consistent with the Albemarle County Water Protection Ordinance, the project design incorporates a 100-foot buffer around all identified and field verified streams and wetlands. Additional buffer has been provided between the Limits of Disturbance and the Special Use Permit lines to allow for the Water Protection Ordinance to protect all 100 feet. All proposed limits of disturbance, stormwater management except outfalls as required, and panels will be outside of these areas as shown on the Concept Plan, and where possible the panels will be located at least 70 feet from any buffer. The Project will not impact any flood plain, or wetlands, with minor impact to the stream for the widening of existing designated crossings, and 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. Grading and Stormwater Management Conceptual grading and stormwater management plans have been provided within the special use permit plan set. Careful siting of the panels has been done to minimize grading and impacts to critical slopes, though grading will be required based on the topography of the site and region. Stormwater management facilities are shown located outside of stream buffers, flood plain, and wetlands to protect these environmental features. All stormwater management plans will be in conformance with all applicable local laws and regulations, as well as with the VA-DEQ Stormwater Management Program Regulations. Critical Slopes There are approximately 60 acres of critical slopes are located on the approximate 1,500 acre Special Use Permit Area. An application for disturbance of 8.55 acres of the slopes has been submitted with this application. The majority of the slopes to be disturbed are outside of the stream buffers and are small areas (less than 10,000 square feet) that are not part of a system of slopes. Careful grading of the site, along with erosion and sediment control measures and the preservation of wetlands and stream buffers will allow for the health, safety, and welfare of the public to be maintained with the small area of disturbance proposed. 11 Prime Agricultural Soils Included with the Conceptual Plan is a plan showing the location of prime agricultural soils. While the plan indicates that the limits of disturbance will include areas where prime soils are designated, it should be noted that this property has timbered planted pine and used for silviculture for over 80 years. In addition, the Project includes the planting of native pollinator -friendly seed and meadow mix. The decommissioning plan will allow the property to be used for agricultural/forestall uses in the future. The grasses and pollinators planted around the array will help nurture the soil and improve its agricultural viability over the timber growing activities of the past decades. Soil sample analyses from across the site, attached in the Vegetation Management Plan, show that the soil is currently nutrient deficient and highly acidic, which will be remediated through lime and fertilizer treatment as detailed in the Vegetation Management Plan, Attachment K. Wildlife Study and Analysis As part of the environmental due diligence, the Applicant engaged Timmons Group to determine the likelihood of encountering any species on the State or Federal lists of Threatened and Endangered Species within a one -mile radius of the project. See Attachment F for full findings and analysis; below is an excerpt from the findings of that review. Common Name Scientific Name Status Agency Source Northern Long-eared Bat Myotis septentrionalis Federal, State Threatened USFWS James Spinymussel Parvaspina collina Federal, State Endangered VDWR Monarch Butterfly Danaus plexippus Candidate Species USFWS There were three potential species identified: Northern Long-eared bat, James Spinymussel (located 0.73 miles south of the site within the Hardware River), and the Monarch Butterfly. Given the timbering of the parcels, along with the large, preserved buffers along the identified wetlands and streams, it is not anticipated that these species will be impacted. However, during permitting the Applicant will continue to coordinate with Local, State, and Federal agencies through the State led Permit by Rule process to ensure there 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. In addition, the Project will be split into several individual sub -arrays, each individually fenced to allow for natural wildlife corridors, and the proposed fencing is located six (6) inches off of the ground to allow small wildlife to go in and out of the Project. Soils Analysis, Remediation, and Vegetation As requested by the County, a soils analysis and plan for the establishment of plantings has been completed. The detailed recommendations and analysis can be found in the Vegetation Management 12 Plan, Attachment K. This plan was developed by Timmons Group landscape architects in consultation with Monarch Vegetation Services, Inc. and Ernst Conservation Seeds. This plan includes soil remediation recommendations, vegetation management methods, plant and seed mix recommendations and selection, weed and pest management, monitoring, and a project schedule. In addition, a VA Pollinator -Smart Scorecard is included which shows that the proposed Vegetation Management Plan will qualify the site as Certified VA Pollinator -Smart. Hexagon commits to pursuing Smart Pollinator certification unless external market factors move to grossly outprice the necessary planting and materials between the time the project is approved and constructed. Historic and Cultural Resources A small portion of TMP 114-55 is within the Monticello Viewshed. The Applicant met with Liz Russel, the Director of Planning, Sustainability, & Project Management at Monticello and she did not express any concerns with the proposal, and is in support of solar. She memorialized Monticello's lack of concern in a letter to the County dated May 20, 2022. In addition, a historic and cultural resources assessment was completed by Stantec in 2020 in accordance with the Commonwealth of Virginia Department of Quality (DEQ) Solar Permit By Rule (PBR) for solar projects, see Attachment B. There is a small cemetery and home site within the project area that has been identified and set aside to be preserved and located outside of the limits of disturbance. Additional areas were identified has high, moderate, and low potential for containing cultural resources. As part of the required PBR process for renewable energy generating facilities in Virginia, further described below, a Phase 1 archeological study will be required by DEQ and completed by the Applicant prior to any land disturbance for the Project. CONSTRUCTION PHASING Construction of the Project is expected to begin no earlier than 2023 and take approximately 12-18 months for completion. The Project will be developed in multiple phases to allow for minimal impact and proper stabilization. Each phase will be stabilized and required stormwater management will be installed prior to moving on to the next phase. Phasing will be established during the Site Plan and Water Protection Ordinance processes. PERMIT BY RULE All renewable energy generating facilities in the Commonwealth of Virginia must complete requirements set forth under the Department of Environmental Quality Permit By Rule ("PBR") process. The PBR process provides a streamlined method for cultural and environmental permitting of renewable energy projects. PBR incorporates review from the Department of Environmental Quality (DEQ), Department of Wildlife resources (DWR), Department of Conservation and Recreation (DCR), and Department of Historic Resources (DHR) to identify and mitigate potential impacts a project may have to the state's cultural, historic, natural, and wildlife resources. Any identified impacts must be sufficiently mitigated to receive approval under the PBR process. 13 The PBR process addresses 15 major points required by DEQ for approval. These points include the completion of reviews from DHR, 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. The Applicant will submit a NOID for the Woodridge project to DEQ if the 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. DECOMMISSIONING PLAN 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 phases over two years of abandonment. Decommissioning includes the removal of all equipment and materials as it relates to the operation of a solar project including: • Removal of all racking, panels, and electrical equipment • Removal of all cabling above 36" below grade • Removal of all above ground cabling • Removal of all concrete foundations • Removal of all internal roadways and fencing Any existing vegetation and buffering will remain in place and disturbed areas will be covered with topsoil. Minimal grading as necessary will be completed, though virtually none is anticipated except for areas where access roads are removed, and the soil will be decompacted to allow for productive agricultural use. 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. The decommissioning plan is designed to restore the property to allow for a productive agricultural use. A Decommissioning Plan, prepared by Timmons Group, has been provided, see Attachment D. Prior to the Project's construction the Owner will enter into a written agreement with the County, along with posting a bond, to decommission the facility in the event the Owner is not able to do so. The bond or similar instrument will be reviewed and updated to reflect decommissioning estimates every five (5) years. This agreement will be developed in accordance with State regulation (15.2-2241.2). ATTACHMENTS A. Property Timber History and Drone Photographs 14 B. C. D. E. F. G. H. I. J. K. L. Historic and Cultural Resources Study Visualizations Decommissioning Plan Glint and Glare Analysis Wildlife Study Real Estate Assessment Health and Safety Impacts of Solar Photovoltaics Heat Island Effect Analysis Traffic & Route Evaluation Study Vegetation Management Plan Economic & Fiscal Contribution Report 15 (47394154.2)