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HomeMy WebLinkAboutSP202100007 Staff Report 2022-11-03 (2)COUNTY OF ALBEMARLE TRANSMITTAL TO THE BOARD OF SUPERVISORS SUMMARY OF PLANNING COMMISSION ACTION AGENDA TITLE: SP202100007 and SP202100008 Jefferson Mill Hydroelectric SU BJ ECT/PROPOSAL/REQU EST: Reuse of the existing dam and mill building on the Hardware River for hydroelectric power. SCHOOL DISTRICT: Scottsville Elementary School, Walton Middle School, Monticello High School. AGENDA DATE: July 21, 2021 STAFF CONTACT(S): Richardson, Walker, Kamptner, Rapp, Herrick, Fritz PRESENTER (S): Bill Fritz BACKGROUND: At its meeting on June 1, 2021, the Planning Commission voted (5:0, Commissioners Moore and Bailey absent) to recommend approval of SP202100007 and SP202100008 Jefferson Mill Hydroelectric. DISCUSSION: The Planning Commission discussed this proposal and determined that it met the requirements of the ordinance for approval and was a net benefit. No changes were recommended by the Planning Commission. However, during the discussion some members of the Planning Commission stated an opinion that removal of the dam and restoration of the river to its natural course would be beneficial. RECOMMENDATIONS: Staff recommends that the Board adopt the attached resolution (attachment D) to approve SP202100007 and SP202100008 Jefferson Mill Hydroelectric. ATTACHMENTS: A— Planning Commission staff report B — Planning Commission action letter C — Planning Commission minutes D — Resolution of approval Project Name: SP202100007 and SP202100008 Staff: William D. Fritz, AICP Jefferson Mill Hydroelectric Project Planning Commission Public Hearing: Board of Supervisors Hearing: TBD June 1, 2021 Owner(s): Let it go LLC Applicant(s): Natel Energy, Inc. Acreage: 66.7 acres By -right use: RA, Rural Areas - agricultural, forestal, and fishery uses; residential density (0.5 unit/acre in development lots) TMP: 12300-00-00-017BO and 12300-00-00-02600 Special Use Permit for: Hydroelectric power Location: The proposed project is located at the generation allowed by special use permit under site of Jefferson Mill dam on the Hardware River section 10.2.2.39 and 30.3.11 of the Zoning approximately 600 feet upstream of the Jefferson Ordinance. Mill Road bridge over the Hardware River. Magisterial District: Scottsville Proffers/Conditions: Yes Requested # of Dwelling Units/Lots: None DA - RA - X Proposal: Reuse of the existing dam and mill Comp. Plan Designation: Rural Area — building for hydroelectric power. preserve and protect agricultural, forestal, open space, and natural, historic and scenic resources; residential (0.5 unit/ acre in development lots) Character of Property: The property is primarily Use of Surrounding Properties: Primarily wooded. The Hardware River bisects the property. forest, with some residential development. An existing dam is located in the river and the old mill building is located adjacent to the dam. The mill building is currently used as a dwelling. Factors Favorable: Consistent with the criteria for Factors Unfavorable: No unfavorable factors a special use permit. Improves aquatic life in the have been identified. river. Recommendation: Staff recommends approval with conditions. SP202100007 and SP202100008 Jefferson Mill Hydroelectric Project June 1, 2021 Planning Commission Page 1 STAFF CONTACT: William D. Fritz, ACID PLANNING COMMISSION: June 1, 2021 BOARD OF SUPERVISORS: TBD PETITION: SP202100007 and SP202100008 Jefferson Mill Hydroelectric Project MAGISTERIAL DISTRICT: Scottsville TAX MAP/PARCEL(S): 12300-00-00-017BO and 12300-00-00-02600 LOCATION: The proposed project is located at the site of Jefferson Mill dam on the Hardware River approximately 600 feet upstream of the Jefferson Mill Road bridge over the Hardware River. PROPOSAL: Hydroelectric power generation using the existing dam. PETITION: Hydroelectric power generation allowed by special use permit under section 10.2.2.39 and 30.3.11 of the Zoning Ordinance. No new dwelling units proposed. ZONING: RA, Rural Areas - agricultural, forestal, and fishery uses; residential density (0.5 unit/acre in development lots) OVERLAY DISTRICT(S): Flood Hazard Overlay District - Overlay to provide safety and protection from flooding COMPREHENSIVE PLAN: Rural Area — preserve and protect agricultural, forestal, open space, and natural, historic and scenic resources; residential (0.5 unit/ acre in development lots) CHARACTER OF THE AREA: The area is primarily wooded with scattered dwellings. A dam is located in the Hardware River and the old mill building, currently used as a dwelling, is located adjacent to the dam. PLANNING AND ZONING HISTORY: None. However, the existing dam and mill building (now dwelling) date back to approximately 1800. DETAILS OF THE PROPOSAL: The applicant proposes to reuse the existing dam and associated mill building for a hydroelectric project of approximately 20Kw. The project will also include improvements to the dam to allow for the upstream and downstream transit of aquatic life. The applicant has provided a large volume of material describing the project, the history of the site and details of the proposal. That information may be found HERE. COMMUNITY MEETING: Due to the limited impact of this project the requirement of a community meeting was waived. In lieu of a community meeting, upstream and downstream property owners were mailed information about the project and encouraged to contact the applicant or the County staff with questions or comments. One property owner contacted County staff. No objections were stated by the property owner. ANALYSIS OF THE SPECIAL USE PERMIT REQUEST This special use permit, and all special use permits, are evaluated for compliance with the provisions of Chapter 18, Section 33.40b of the Code of Albemarle. Each provision of that section is addressed below. The provisions of the ordinance are in bold font and underlined. The comments below are based on staffs analysis of the application including information submitted by the applicant. The information submitted by the applicant contains detailed information. The application packet may be found HERE. Staff will not restate all of the submitted information in this staff report and refers the reader to attachments for detailed information. SP202100007 and SP202100008 Jefferson Mill Hydroelectric Project June 1, 2021 Planning Commission Page 2 No substantial detriment. The proposed special use will not be a substantial detriment to adjacent lots. No negative impact on adjacent lots is anticipated by this project. The project makes use of the existing dam. No increase in the dam height or the impoundment area are proposed. Improvements proposed to the dam for the upstream and downstream transit of aquatic life will result in improved stream flow by helping to maintain a minimum flow thru the dam during low water events. The modifications to the dam will not result in an increase flooding potential upstream or downstream of the dam. Character of the nearby area is unchanged. Whether the character of the adjacent parcels and the nearby area will be changed by the proposed special use. This project does not change the character of the area. The project will not be visible from any adjacent parcels. As stated above, the project does not change the character of the river or the river flow in any negative way. The applicant is proposing a portage around the dam. No portage currently exists. This will improve the safety and access of those using the river. (The applicant is not proposing public access to the river at this site. The portage would only be for the use of those using the river from up or downstream access points.) Harmony. Whether the proposed special use will be in harmony with the purpose and intent of this chapter, Staff has reviewed the purposes of the Zoning Ordinance (Chapter 18, Section 1.4) and the intent of the Rural Area District (Chapter 18, Section 10.1). The review criteria for a special use permit is designed to address the purpose and intent of the ordinance as stated in these sections. In part, the intent of the Rural Areas District is "Conservation of natural, scenic, and historic resources." This project will make use of an existing historic resource and as part of the project help to reinforce and restore the existing dam and mill building. This project requires review and approval from the Virginia Department of Environmental Quality. Part of this approval includes review by the Virginia Department of Historic Resources. The applicant is working with and addressing the concerns of DHR. Some of the issues identified by the various agencies and addressed by the applicant include: 1. Structural improvements adhere to DHR standards. 2. Installation of improvements for upstream and downstream transit of aquatic life. 3. Use of fish safe technology for the turbines. 4. Preservation of recreational opportunities in the stream. 5. Maintenance of adequate stream flow during low water events. 6. No impacts on wetlands. Staff opinion is that this project is in harmony with the purpose and intent of the Zoning Ordinance. ...with the uses permitted by right in the district The proposed use will not impact or limit by right uses on this property or any other property. ...with the regulations provided in section 5 as applicable, Section 5.1.26 (Attachment C) contains supplemental regulations for hydroelectric power generation. In part these regulations state: These provisions are intended to encourage the use of water power as a natural and replenishable resource for the generation of electrical power. While serving energy SP202100007 and SP202100008 Jefferson Mill Hydroelectric Project June 1, 2021 Planning Commission Page 3 conservation and natural resource goals, these provisions are also intended to limit such use so as: not to be objectionable in the area in which it is located; not to unreasonably interfere with the passage of boats, canoes, fish and other aquatic life; not to unreasonably degrade the riverine and aquatic habitat or water quality, in general The ordinance also contains other regulations addressing the information that must be submitted. The applicant has submitted a complete application addressing not only the minimum requirements but providing additional details. The applicant has been working with the County, State and Federal agencies prior to submitting a special use permit application with the County. County staff attended a meeting with the applicant and multiple State agencies involved at the State permitting level. During this meeting issues were identified by the various agencies and addressed by the applicant. No objections to the project were identified that have not been, or will be addressed by the applicant during future submissions. This project meets the regulations contained in Section 5. ...and with the public health, safety and general welfare. This project will have no adverse impact on public health, safety or general welfare. As stated previously the project makes use of existing structures. The permitting associated with the construction of the improvements, County Building permit and State approvals, will insure that the improvements are installed in a responsible manner protecting the public health, safety or general welfare. Consistency with the Comprehensive Plan. The use will be consistent with the Comprehensive Plan. Chapter 4 of the Comprehensive Plan states in part, "Recognize changes occurring to the earth's climate to anticipate and mitigate impacts to the County". This project will install renewable energy making use of an existing dam. In staff opinion this is a desirable project as there will be no negative construction impacts required to make use of renewable energy. Chapter 5 of the Comprehensive Plan states in part, "Continue to find ways for preservation of historic structures and sites to be financially viable for property owners." The dam and mill building date to the 1800s. The installation of hydroelectric power will be done consistent with DHR recommendations for reuse of historic structures. Approval of this project provides allows for power to be generated and used onsite instead of being purchased from a power supplier. Staff opinion is that approval of this request will be consistent with the Comprehensive Plan SUMMARY: Factors favorable to this request include: 1. The proposal makes use of an existing historic resource while maintaining the integrity of the resource. 2. The proposal provides a source of renewable energy consistent with the Comprehensive Plan and the supplemental regulations for hydroelectric power generation. 3. The proposal includes modifications to the existing dam to allow for upstream and downstream transit of aquatic life. The existing dam prevents this transit currently. Factors unfavorable to this request include: 1. No unfavorable factors have been identified. SP202100007 and SP202100008 Jefferson Mill Hydroelectric Project June 1, 2021 Planning Commission Page 4 RECOMMENDED ACTION: Based on the findings contained in this staff report, and with the conditions proposed below staff recommends 1. Development and operation shall be in general accord with the information included in the applicant's special use permit application. 2. Development and operation shall comply with all State and Federal requirements. Motions: Special Use Permit A. Should the Planning Commission choose to recommend approval of this special use permit: I move to recommend approval of SP202100007 and SP202100008 Jefferson Mill Hydroelectric Project with the conditions outlined in the staff report. B. Should the Planning Commission choose to recommend denial of this special use permit: I move to recommend denial of SP202100007 and SP202100008 Jefferson Mill Hydroelectric Project. Should a commissioner motion to recommend denial, he or she should state the reason(s) for recommending denial. ATTACHMENTS Attachment A — Conceptual Plan Attachment B - Application narrative Attachment C - Section 5.1.26 SP202100007 and SP202100008 Jefferson Mill Hydroelectric Project June 1, 2021 Planning Commission Page 5 Jefferson Mill Hydroelectric Project Appendix C: CONCEPTUAL PLANS 0 1 2 3 4 5 6 Miles 0 1 2 3 4 5 6 T 8 9 Kilometers Prepared by: Department of Community Development Office of Geographic Data Services This Map is for Display Purposes Only. MNPCRETED 011IN2020 County of Albemarle �Tnraa� V1WG65 0 VA Primary Highway L _' RUR AR6 C VA Secondary Highway Roads r i Incorporated Town or L _ City Boundary rr—rns Railroads ------ CountyBoundary Sheama 113 114 115 '+u ,14-70 1/ 22-18A1\` �...t 114-72U�a 115-11G 114-67B 36 j \ / H%ROW4RE 38 R/V ,y. % 35 123-59A 123-59B 1 j 34C aw a 123-59C 34A r: j: wh y. 123-34C2 h � � _ " o \i 123-34C -- 123-34C4 123-34C5 34 % -- 348 122-24 I 24- J i 124 9 12410p 7233,y 33 32 .. 3L.. 28k 124-1 24 3 -- ybe 4 i30 r / 124-r5r 5 40G / /--30i �2j> 40H1 29 ' 40E; �.,.c 40J 40K 40D 278 i 123-50 A 53 27C _` _ 7B \ 40C 1 40A u<.1 24F 123y tp P \' \ / 25 123-0 108 23-04 24 1zsas m 10A 17A/ + N 123-07 s 26B2 r2 3A1 ti ,6Ee�17B '4'FldONmu n, 19B B1 } f 2M 231 nRM,�1L� 17 'j 21 j' 236 11A 16 _ -- 19 _. i = za-z JE 23-2 FE a 123-13 \ r•l. 18A 23 \ �tlpoxl.x 123-19A 123 �e 123-15 16A 123-18C 49A 24B 131-24 �..- 7 2 130 0 800sCeie 1,600 21,2 Albemarle 131 County Tax Map: 123 Feet Not, This map is for display purposes only f and shows pemels as o11"1/2019, 1i See Map Book Introdia lion for additional deteils. 123-40C 1 123-40B 123-40C 123-40A �Z. 123-17A CD A r - \ 123-26 \I ON �� a r---- . - ■ . e lsovv �e 123-17B R ^� 123-19B z` 1�,3 Jefferson Mill Road 123-19 N 123-17 A Jefferson Mill Hydroelectric Project_Special Use Permit Application Let It Go, LLC Jefferson Mill Hydroelectric Project Table of Contents List of Appendices 11 PROJECT PROPOSAL 12 Introduction 12 Existing facilities 12 Proposed facilities 13 Construction 19 PUBLIC NEED OR BENEFIT OF THE PROJECT 20 1011:1:I:7ev'lUXi1Oti721:I:MaX41/_\ILIA lle] CONSISTENCY WITH THE COMPREHENSIVE PLAN 21 IMPACTS ON PUBLIC FACILITIES & PUBLIC INFRASTRUCTURE 22 11519_C40IP1111111!141!1v/18.1971!15141!1V_1IaA_N01.1:P 0% MEASURES/ CONDITIONS PROPOSED TO ADDRESS IMPACTS FROM THE PROPOSED PROJECT 23 CONCEPTUAL STORMWATER DETENTION FACILITY CK01►[41:1iILOl_1Ire1:L1C110410 23 Appendix A: Confirmation of Performance Standards of the Proposed Equipment 27 Appendix B: List of other permits 29 Jefferson Mill Hydroelectric Project -Special Use Permit Application List of Appendices Appendix A: Confirmation of Performance Standards of the Proposed Equipment Appendix B: List of other permits Appendix C: Conceptual Plan Appendix D: Environmental Assessment Appendix E: Draft Study Plan Appendix F: Floodplain Development Permit Application Appendix: G: No -rise Certificate Appendix H: Section 106 Application Appendix I: Dam Inspection Report Appendices C to I are submitted separately as supplemental documents to the application. 11 Jefferson Mill Hydroelectric Project_Special Use Permit Application PROJECT PROPOSAL A. Introduction The proposed Jefferson Mill Hydroelectric Project is a 20 kW repowering of a historic mill on the Hardware River in Scottsville, VA. The original structure was built in 1800 as a flour mill. The proposed project will be constructed by Natel Energy, Inc., on behalf of the property owners. B. Existing facilities The Jefferson Mill building was built around 1800 and is a brick structure supported by wooden beams. The mill was a working mill until 1945. The original water wheel was set in a chamber adjacent to the mill. It was later replaced by three small vertical turbines. Those turbines were later removed. Fig. 1: The historic mill building with the dam on the bottom right corner. 12 Jefferson Mill Hydroelectric Project -Special Use Permit Application The existing dam is a 140 ft long and 9 ft high masonry structure, with a crest width between 4 and 5 feet. The powerhouse consists of a single, narrow chamber, built against the outer wall of the Mill building. The millrace has been filled in and is no longer in use. Based on survey data, the dam controls a 0.7 mile long section of the Hardware River, the primary source of water for the project. The impoundment has a surface area of 4.53 acres, storage capacity of 16.3 acre-feet and a normal water surface elevation of 320 feet above mean sea level (MSL). All entrance conductors serving the buildings on the property are underground. The project will electrically connect to the existing 120/240VAC load centers at the mill building. There is an existing Appalachian Power Company pad -mounted service transformer on the site. The only electrical modification planned for the interconnection of this project is a new utility metering pedestal with meter and 120/240VAC circuit breaker, which will be located next to the service transformer. The access to the electrical system is exterior to the physical structures on the property. C. Proposed facilities The proposed project will operate strictly in "run -of -the -river" mode on the Hardware River. The hydraulic head needed for power generation is provided by the existing dam. No additional water impoundment is proposed. The new turbine will be located in the water room, a sunken chamber attached to the river side of the mill. A single D062 Restoration Hydro Turbine, engineered by Natel Energy, is proposed for installation with a capacity of 20 kW. The proposed turbine is a fish -friendly propeller turbine ,with 8.5 feet of design head. The estimated average annual generation of the proposed project is 111,000 kWh. Please see Appendix C, submitted with the application, which illustrates the Conceptual Plan with detailed drawings and maps of the project structure and related components. Intake The project proposes to construct a reinforced concrete intake structure, upstream of the dam, on the west side of the river. The structure will be approximately 14' long x 12' wide x 10' tall. Most of the intake will be below grade, with only the top couple of feet extending above the existing ground surface. Water will be diverted through a debris rack and into a penstock. The penstock will be 3 feet in diameter and 70 feet long. Median headwater elevation is 320 feet. The top of the penstock will be 317.5 feet. The 2.5 feet of submergence will provide sufficient depth to prevent vortex formation. 13 Jefferson Mill Hydroelectric Project -Special Use Permit Application A 12.5-foot wide by 4-foot tal I rack, angled at approximately 70 degrees from horizontal, will prevent river debris from entering the intake. There will be a 0.75-inch wide clear gap between the vertical bars. The approach velocity will be less than 1 fps (ft per second) across the face of the rack. Debris will be manually cleared from the intake rack as needed. Flow into the penstock will be controlled by a slide gate equipped with an electric actuator. Conduits carrying power and control circuits will run back to the powerhouse alongside the penstock. The penstock will enter the powerhouse through the same opening used by the old mill race. Penstock A 3-foot diameter penstock will run from the intake to the water room. The pipe will extend away from the river for 50 feet, then turn 90 degrees and run another 20 feet to the headwall of the water room. The elevation of the pipe centerline, at the intake, will be 315.5 feet. It will slope down at 1%, ending at elevation 315.0 feet. The trench for the penstock will vary from 8 to 10 feet deep. The trench will be excavated in ground that has been disturbed multiple times. It was used as a staging area when the water wheel was removed and the first generation of turbines were installed. Later the original mill race channel was filled in with soil and a raised path built to access the house deck. Water Room The original milling operation was driven by an overshot water wheel. The wheel was mounted in the water room. A mill race channel led from the pond, above the dam, to the top of the wheel. After spinning the wheel, the water exited through a slot at the far end of the room. The chamber is 33' long x 8.5' wide. The outer masonry wal I varies from 2.5' to 5' thick and is 15' tal I. The overshot wheel was replaced with a set of three vertical turbines. The turbines were later removed and the mill race opening filled with cinder blocks. The chamber currently sits empty. The project proposes to construct a concrete box inside the water room, with the goal of providing a clean, dry and protected location for the new turbine. The new 6 inches thick walls will provide additional support to the older masonry walls. Vertical and thrust forces, generated by the turbine, will be transmitted through the reinforced concrete to the bedrock floor. The original opening in the headwall has been filled in with a combination of cinder blocks and concrete. This material will be removed to accommodate the 3 foot diameter 14 Jefferson Mill Hydroelectric Project -Special Use Permit Application penstock. A new concrete headwall will be built, with a web of reinforcing bar surrounding the penstock opening. Draft Tube Water will exit the turbine through a draft tube. The tube has an expansion section and an elbow section. The elbow is pointed downward into a water filled trough. The end of the draft tube will be below the water surface. The entire length of the draft tube will be located in the water room. The 4 ft deep trough will be excavated down into the bedrock. The trough exits out beneath the water room wall and then turns downstream. The floor of the trough will slope upwards at a 6:1 H:V ratio to match the natural river bed. The trough and enlarged opening will be below water level, so the outward appearance of the structure will remain mostly unaltered. Upstream Fish Passage - Eel & Sea Lamprey Ramp Upstream passage for eels and sea lamprey will be improved by a new ramp, located on the left bank of the river. It will be a "Laterally Sloped Eel Ramp" as described by the U.S. Fish and Wildlife Service (USFWS) in their 2019 Fish Passage Engineering Design Criteria in section 132.1.4. The ramp will be approximately 2 feet wide x 25 feet long. The ramp will start at an existing notch in the dam and run parallel to the river, following the natural dip slope of the sedimentary rocks. At its base, the ramp will angle back to the river, extending below the water's surface to elevation 309.5'. The ramp will be a concrete structure with an exposed aggregate finish. Natural rock will be used to disguise the concrete where possible. The notch will be given a rectangular cross section, with provision for stop logs to regulate flow. The substrate will be designed to accommodate eels between 0.5 to 3.0 feet in length. The design is passive, requiring no active pumping. Impact on the dam will be minimal. The existing notch will be modified for stop logs and the upper end of the ramp will be attached to the dam face. Neither of these activities will impact the dam's structural integrity. The ramp will have a minimum visual impact, as seen from the deck of the Mill Building. The area is currently exposed bedrock. Downstream Fish Passage - Plunge Pool The project has been designed to ensure that 100% of river flows are not diverted to the turbine and that there will always be flow available for downstream fish passage. The downstream fish passage will be located at the existing notch toward the west end of the spillway and falls into a naturally -occurring 4-foot deep plunge pool located at the base of the dam. Design will be in accordance with USFWS 2019 Fish Passage Engineering Design Criteria - Section 9, and in consultation with USFWS and VA DWR. 15 Jefferson Mill Hydroelectric Project_Special Use Permit Application Table 1: Features of the proposed project Proposed Turbine Type D062 Restoration Hydro Turbine Number of Turbines Proposed 1 Proposed Generator Type Synchronous PMG with Variable -Frequency AC Drive Estimated Total Installed Capacity (kW) 20 Estimated Average Annual Generation(kWh) 111,000 Gross Head (ft) 9 Design Head (ft) 8.5 Minimum Hydraulic Capacity (cfs) 20 Maximum Hydraulic Capacity (cfs) 45 Water Source Hardware River 326 324 322 $ 320 p 318 m y 316 w 314 312 310 308 - 0 Jefferson Mill Rating Curves Dam Crest Elevation +Forebay Curve • Observed Tailwater Elevations —Tailwater Curve Tailwater channel bottom Soo 1,000 1,500 2,000 2,500 3,000 3,500 4,000 4,500 5,000 Streamflow (cfs) Fig. 2: Estimated tailwater rating curve based on scaling from representative photographs and video clips. 16 Jefferson Mill Hydroelectric Project_Special Use Permit Application 322 321.5 321 c 320.5 m a W 320 319.5 319 0 326 325 324 323 c 322 w w 321 320 319 318 0 Jefferson Mill Forebay Low Flow Rating Curve 50 too 150 200 250 300 350 400 450 500 Streamflow (cfs) Jefferson Mill Forebay Rating Curve 2,000 4,000 6,000 8,000 10,000 12,000 14,000 Streamflow (cfs) Fig. 3: Estimated forebay rating curve based on broad crested weir equation for flows less than 500 cfs (top curve) and flood flows upto 13,000 cfs (bottom curve). 17 Jefferson Mill Hydroelectric Project -Special Use Permit Application D. Construction Pending receipt of all permits, the project is planned to begin construction in August 2021 with a duration of four months. No in -stream construction will occur between Feb 15 and June 30 for protection of anadromous species and from May 15 through July 31 for protection of James Spinymussel per Virginia Department of Game and Inland Fisheries regulations. Cofferdams Temporary cofferdams will be constructed to isolate the intake and outlet areas from the river. Cofferdams are used to reduce construction -related water quality impacts, protect aquatic life, and to provide a safe construction area. The upstream cofferdam will extend from the riverbank to the spillway. This will block off a third of the spillway length, allowing the intake, wing walls, buoy line supports and downstream passage to be built in the dry. Water depths are expected to be from 5 to 6 ft. The dam will be 25-ft long x 9-ft tall. It will be constructed with large bags packed with gravel, called Super Sacks. A 3-ft x 3-ft x 3.5-ft bag will hold 1 ton of gravel. The bags are made from woven polypropylene with reinforcing straps and hoisting loops. The cofferdam will be built up in a pyramid fashion. A 9-ft tall cofferdam would require three layers of sacks. It would have a 9 ft wide base and a 3 ft wide crest. Sacks can be placed with an excavator or crane. Gravel to fill the bags will be sourced locally and will be cleaned. When it comes time to remove the construction cofferdam, the sacks can be hoisted out of the water, leaving minimal trace. The downstream cofferdam will extend from the base of the dam to a small island that forms a channel along the right side of the river. A second segment of dam will block off the lower end of the side channel. The upper segment will be 30-ft long x 9-ft tall. The lower segment will be 12-long x 6-ft tall. Water depths will vary from 2 to 5 ft. Once the cofferdams are complete, the water behind the dams will be pumped out. Fisheries biologists experienced with isolation of ESA listed species in the construction area will provide industry approved direction on ways to safely manage the dewatering. All cofferdams will be removed using techniques to minimize turbidity releases. This includes allowing for the slow reintroduction of water into the work area and utilizing dirty water treatment systems for turbid water. If James spinymussel are identified in the construction area during the pre -construction survey, all mussels will be relocated per federal and state guidelines. IE Jefferson Mill Hydroelectric Project -Special Use Permit Application To avoid damaging any unidentified archeological deposits on the project area, the designated laydown areas will be covered with 6" of crushed rock over geotextile fabric. Silt fences will be installed around the downslope perimeters of the construction zone and the laydown areas to prevent soil erosion, as detailed in the State of Virginia handbook as best management practices. The bottom of the silt fence fabric will be buried in a shallow 6" wide x 6" deep trench. Fence, geotextile and crushed rock will be removed once the construction is complete. A monitor will be present to document archeological resources that may be exposed during excavation activities, including removal of the gravel and fabric. In accordance with Federal regulations, should unexpected archaeological resources be encountered during project implementation, all work in the immediate area will cease and the Virginia Department of Historic Resources will be contacted to provide guidance on the treatment of the discovery. Natel Energy plans to contract with a local environmental firm to provide a qualified archeologist to monitor all construction activities that might impact historical artifacts.' The monitor will be empowered to stop work and preserve artifacts until they can be properly examined. Iall :31let .IAAll 0.4a:121ladIll r 1a1:1:11111a.1031x41 The Jefferson Mill Hydroelectric Project is the vision of the owners to revitalize a historic use of their property, while contributing to the conservation of resources through clean energy. The proposed hydropower project does not alter the Hardware River flows or water quality. The project will generate power year-round to produce 100% carbon -free electricity for the residents and any excess generation will be distributed on the grid to provide clean energy to the community. OTHER ASPECTS OF THE SPECIAL USE The Jefferson Mill Hydroelectric Project special use causes no detriment to adjacent lots, as it is located entirely within private property owned by the applicant. As stated in the no -rise certificate attached as Appendix G, the project will not result in an increase in flood elevations for any adjacent property owners along the Hardware River. As noted in Appendix A, neither noise nor vibrations from the project will be detectable on adjacent lots. There will be no visual impact to adjacent lots, as the project is in the center of a large ' Natel has received a proposal from Cox McLain Environmental Consulting Inc. for such monitoring services. 19 Jefferson Mill Hydroelectric Project -Special Use Permit Application private parcel. The project is 380 feet from the closest adjacent lot and 580 feet from the closest public road. During construction there will be occasional trucks with concrete and equipment on local roads between 8 AM and 5 PM. The project will have a construction entrance so that vehicles do not track mud onto the public road. There will be no increase in dust during construction that will be detectable on neighboring parcels. As noted in the section below, "Consistency with the Comprehensive Plan", the Jefferson Mill Hydroelectric project does not change the rural character of the zoning district; rather the special use enhances the historic nature of the zoning district and further protects natural resources. The project complies with the purpose and intent of the zoning ordinance and is permitted by right in Section 5.1.26 - Hydroelectric Power Generation. As noted elsewhere in this application, the special use will be in harmony with the public health, safety and general welfare. CONSISTENCY WITH THE COMPREHENSIVE PLAN The Comprehensive Plan emphasizes the importance of the intelligent use of local resources. This project supports using land to produce local, clean energy while reinvigorating a historical use of the mill and maintaining the rural landscape. As stated in Objective 1 of the Natural Resources section of the Comprehensive Plan, the project supports the conservation of clean water and safe waterways. The mill is located on Rural Area private property and will contribute to the conservation of natural resources by producing 100% renewable energy and improving fish passage in the Hardware River. Natel Energy, the project developer, is working with Froehling & Roberts and R2 Resource Consultants (now part of Kleinschmidt Group) to improve fish passage along this stretch of the river. Froehling and Roberts, based in Roanoke, VA, is a civil and geotechnical engineering firm. R2 Resource Consultants is an environmental and engineering firm that specializes in fisheries biology, riparian ecology and hydrology. The Jefferson Mill Hydroelectric Project helps fulfill Objective 4 of the Comprehensive Plan's Natural Resources section: Protect the biological diversity and ecological integrity of the County in both the Rural Area and Development Areas. As described in Section C - Proposed Facilities above, the Jefferson Mill Hydroelectric Project has been carefully designed to improve both upstream and downstream passage for eel and sea lamprey and other species at the project dam. At the entrance to the hydro penstock, an extra wide grate was designed to lower the intake velocity, making it easier for fish to swim past. The grate's bar spacing was narrowed to % inch, to prevent ingress by most species of fish. 20 Jefferson Mill Hydroelectric Project -Special Use Permit Application By providing clean, renewable energy to the electric grid in Albemarle County, the Project also helps fulfill Objective 8 of the Comprehensive Plan's Natural Resources section: Recognize changes occurring to the earth's climate to anticipate and mitigate impacts to the County. IMPACTS ON PUBLIC FACILITIES & PUBLIC INFRASTRUCTURE The project will be entirely located on private property. There will be no impact to public facilities or public infrastructure. IMPACTS ON ENVIRONMENTAL FEATURES The two structures associated with the project purchase their electric power thru the local grid. That power is produced from a combination of coal, natural gas, pumped storage, wind and hydro. Electricity generated by burning coal or gas makes up approximately 84 % of the total. Burning fossil fuels produces carbon dioxide, a greenhouse gas. Assuming that mix, 0.94 tons of CO2 would be produced for every 1 MWh of generation. The Jefferson Mill Hydroelectric Project is designed to produce 111 MWh/year of carbon free electricity. This will offset production of 104.34 tons/year of CO2. The proposed turbine and generator use biodegradable lubricants and the mechanical parts of the project are enclosed in a casing that is separated from the water. The bearings are lubricated using non -toxic, biodegradable, food -grade grease and the bearings have three seals (an air gap separates two lip seals from the mechanical seal) to prevent grease from ever reaching the water. The project will not change the flow of water in the river. It will take water from just above the dam and discharge it just below the dam. No bypass reach will be created. Most of the year, the turbine flow will be minor compared to the overall river flow. In the late summer, when river flows are low, a minimum flow will be dedicated to the eel ramp and downstream passage. If sensors detect a drop in water level behind the dam, the turbine will be automatically throttled back or shut off completely. To prevent erosion around the intake, the riverbank will be protected by a wing walls made from a combination of concrete and natural stone. The area disturbed by construction will be reseeded. Silt fences will remain in place until the new grasses have gotten established. 21 Jefferson Mill Hydroelectric Project -Special Use Permit Application R2 Resource Consultants produced a report which expands on the environmental impact of the project. Please see appendix D to read the full assessment and recommended measures to minimize the impact of the project works. In addition, the project owner's family members are stewards of the watershed and have sponsored educational programs for local farmers to understand fertilizer application and runoff impacts on the watershed. This project is funded on the understanding that daily actions lead to meeting environmental goals. MEASURES/ CONDITIONS PROPOSED TO ADDRESS IMPACTS FROM THE PROPOSED PROJECT None proposed. CotsP►[y:12r9L1�01C07:7u1Ti%V1a:7•]:0ra2r1WZI VAT4111IIIVA There will be no stormwater detention facilities, as the project will only create a minor increase in impervious surface areas: Impervious surfaces: Intake and wingwalls Concrete 152 sf Control room Concrete 192 sf Gravel roads no new roads Total 344sf (0.008ac) Based on NOAA point precipitation frequency estimates, the 100-yr storm would drop 8.57 inches of rain over a 24 hr period on the project area. The Hardware River normally flows between 50 and 400 cfs. During the 100-yr storm event, its flows would increase to an estimated 31,530 cfs. The Intake will be built on previously disturbed ground, immediately adjacent to the river. The top of the structure will be 2 feet above normal water level in the river. Currently rainfall is partially absorbed by the silty clay soil, while the remainder travels a few feet before entering the Hardware river. The 100-year storm would result in 109 cf of water flowing off the intake's impervious surface over a 24 hour period. However, flooding caused by the 100-year storm would raise the level of the river by a minimum of 5 feet, 22 Jefferson Mill Hydroelectric Project -Special Use Permit Application completely inundating the intake. The rain would fall directly into the river, making the nature of the intake's surface composition moot. The Control Room will be located 120 feet from the Hardware River and 20 feet from the intake to a drainage culvert. The control room floor will be located 10 feet higher than the dam crest, keeping the electronic equipment above the river's flood level. The 100-year storm would result in 137 cf of water flowing off the impervious roof over 24 hours, at an average flow rate of 0.002 cfs. This is a negligible amount. There is the potential for the culvert to get clogged by debris, causing local flooding. The berm around the culvert intake is 2 feet tall. If a blockage causes water to overflow the berm, it will flow downhill towards the river, away from the Control room. The Control room floor is 4 feet higher than the culvert intake. CONCEPTUAL GRADING The project will require 0.07 acres of excavation. To seal the work areas off from the river, a string of cofferdams will be set along the edge of the river. Once the temporary dams are in place, the areas behind them will be dewatered. The intake cut will be excavated into the riverbank. The soil is a silty clay with layers of sand. The cut will have a surface footprint of 700 sf (square feet), an average depth of 6.4 feet and a max depth of 10 feet. The penstock cut will run from the intake to the turbine room. It will have a surface footprint of 1500 sf, an average depth of 6.4 feet and a max depth of 12 feet. At its west end, the cut will encounter bedrock 9 feet below the surface. The outlet trench starts at the end of the turbine room, exits under the wall and then turns downstream (see Figure 4 below) . Most of the trench will be excavated into bedrock. It will be 5 feet wide x 4 feet deep x 37 feet long. The downstream portion will slope up to meet the natural riverbed at a 6:1 slope. The 54' long cable trench will run around the southside of the Mill building and across the yard to the new Control Room building. Three sets of conduit will be placed in the trench. Per code for buried electrical lines, the trench will be 3' deep. It will be 2' wide to maintain a minimum of 12 inch horizontal separation between power and sensor cables. Care will be taken where the new trench crosses over the existing 15-inch diameter rigid concrete culvert. 23 Jefferson Mill Hydroelectric Project_Special Use Permit Application The Control Room excavation will be just deep enough to pour a foundation slab. It will be 15' wide x 23' long x 2' deep. Fig. 4: Project Layout showing location of Control Room and conduit trench Once the new structures, conduits and penstock are complete, the excavations will be filled in with either native soil or engineered fill. The native soil is currently being tested to see if its mechanical properties will qualify it as backfill. Fill will be compacted to 90% or better of its maximum density, as determined by modified Proctor tests. Fill areas will be graded to match surrounding terrain. Excavated ground that will remain exposed for more than two weeks, will be covered by straw or other erosion control measures. The outlet trench will remain open. It will flood once the cofferdams are removed. After grading, the inlet and penstock areas will be seeded with species suitable for poorly drained soils. The conduit trench and control room areas will be seeded with traditional lawn grasses like Kentucky bluegrass, per Virginia DEQ guidelines below. 24 Jefferson Mill Hydroelectric Project_Special Use Permit Application TABLE 3.32-D SITE SPECIFIC SEEDING MIXTURES FOR PIEDMONT AREA Total Lbs. Per Acre "inimum Care Lawn - Commercial or Residential 175-200 lbs. - Kentucky 31 or Turf -Type Tall Fescue 95-100% - Improved Perennial Ryegrass 0-5% - Kentucky Bluegrass 0-5% High -Maintenance Lawn 200-250 lbs. Kentucky 31 or Turf -Type "Fall Fescue 100% Gcneral Slope (3:1 or less) Kentucky 31 Fescue 128 lbs. - Red Top Grass 2 lbs. - Seasonal Nurse Crop ' 20 lbs. 150 lbs. IFIM3 �.� .. �•_t Kentucky 31 Fescue 108 lbs. - Red Top Grass 2 lbs. Seasonal Nurse Crop ' 20 lbs. - Crownvetch '" 20 lbs. 150 lbs. ' Use seasonal nurse crop in accordance with seeding dates as stated below: February 16th through April ...................... Annual Rye May 1st through August 15th ..................... Foxtail Millet August 16th through October ...................... Annual Rye November through February 15th ................... Winter Rye " Substitute Sericea lespedeza for Crownvetch east of Farmville, Va. (May through September use hulled Sericea, all other periods, use unhulled Sericea). If Flatpea is used in lieu of Crownvetch, increase rate to 30 lbs./acre. All legume seed must be properly inoculated. Weeping Lovegrass may be added to any slope or low -maintenance mix during warmer seeding periods; add 10-20 lbs./acre in mixes. Table 2: Virginia DEQ Permanent Seeding Guidelines h ttps://www.deq.virgini a.gov/homelshowpu blisheddocumen t?id=2436 25 Jefferson Mill Hydroelectric Project_Special Use Permit Application Appendix A: Confirmation of Performance Standards of the Proposed Equipment March 10,2021 Frank Pohl County Engineer Albemarle County, VA 401 McIntire Road Charlottesville, VA 22902 Re: Confirmation of performance standards of the proposed equipment for Jefferson Mill Dam Hydroelectric Project. Dear Mr. Pohl, Let It Go, LLC is applying for a Special Use Permit for Hydroelectric Power Generation under Albemarle County Code of Ordinance Chapter 18. This letter is produced in lieu of a certified engineer's report to address the concerns stated under Chapter 18 Section 5.1.26 of the Albemarle County Code of Ordinance. zr= Section 4.18.04 sets the maximum sound levels in Rural Areas and Residential at 60 dBA during the daytime and 55 dBA during nighttime. The project will have two devices that produce sound: the turbine / generator and the variable frequency drive (VFD). The turbine/generator will produce approximately 55 dBA, equivalent to a dishwasher. It will run both night and day. The turbine /generator will be fully encapsulated in a concrete room. The concrete will be surrounded by masonry walls up to 3 feet thick. The double walls should attenuate the turbine noise. The turbine room is immediately adjacent to the dam, where the Hardware River pours over the spillway. The ambient noise level can be fairly high. The VFD uses fans for cooling, which can produce up to 62 dB. The VFD and other electronic equipment will be located in a control room, a separate structure located approximately 40 feet away from the closest residence. Sound levels outside the control room will be below the County's nighttime maximum. Electrical Disturbance The electrical equipment will connect to the existing Appalachian Power Co. service. The installation will comply with all applicable Appalachian Power, federal, state and local standards and regulations. This compliance will ensure no adverse impacts to other Appalachian Power customers. 26 Jefferson Mill Hydroelectric Projec Special Use Permit Application Vibration The turbine generates a vibration with a peak velocity < 2mm/s (0.079 in/s), as measured at the surface of the equipment. To calculate the attenuation with distance, the U.S. Federal Transit Administration's Noise and Vibration Manual uses the formula: P(lot line) = P(equip) x (25/D)^1.5 P = peak vibration in inches/s. D = distance in feet The County code lists the maximum allowable peak velocity for continuous operation as 0.015 in/s at the closest lot boundary. The closest lot boundary is the NW corner of Lot 123-19B. The distance from the turbine is 377 ft. The turbine vibration would be attenuated to 0.0013 in/s. This is an order of magnitude lower than the County standard. Jefferson Mill Road is 579 feet from the turbine. Vibration there would be 0.0007 in/s. Glare and heat All project equipment will be completely enclosed within buildings and will neither create glare that would adversely affect the navigation or control of aircraft, nor cause public nuisance or hazard to abutting parcels. The heat produced by the turbine and generator should be contained within the concrete room. From the description stated above, Let It Go, LLC believes that the proposed equipment complies with the performance standards outlined by the county ordinance and will be of low impact. If you have any questions regarding this submission, please do not hesitate to contact Tatiana Marzan, JeffersonMiII@natelenergy.com. Sincerely, Aaron Van Duyen Let It Go, LLC %Van Duyne, Bruno & Co, P.A. 18 Hook Mountain Road, Suite 202 P.O. Box 896 Pine Brook, NJ 07058 27 Jefferson Mill Hydroelectric Project_Special Use Permit Application Appendix B: List of other permits Along with the Special Use Permit application for hydroelectric power generation under Albemarle County Code of Ordinance Chapter 18 Section 10.2.2 and Section 30.3.11, below is the list of permits the project has applied for and is required to apply for: Table B-1: List of permits required for Jefferson Mill Hydroelectric Project Permit Authorizing Submission Completion Comments Agencies Date Date FERC 10MW FERC 10/20/2020 8/30/2021 The Initial Consultation Document Exemption (ICD) was submitted to FERC under Docket #P-15038. Agency comments were received on the ICD by 1/25/2021; draft study plans were submitted in response on 03/01/2021. Please see Appendix E for the study plan. The applicant anticipates filing the final exemption application with FERC by April 23, 2021,with FERC issuing the exemption in August 2021. FERC requires issuance of the Joint Permit under Sections 401 and 404 of the Clean Water Act before it can issue the exemption. Section 106 VADHR 2/26/2021 5/10/2021 Application submitted for review, (National awaiting comments within 30 days of Historic submission. Please see Appendix H Preservation for the Section 106 application. Act) Joint Permit USACE, 4/14/2021 7/16/2021 Awaiting proof of compliance with Section 401 and VMRC, Section 106 of the National Historic 404 (Clean VADEQ Preservation Act and Section 7 of the Water Act) Endangered Species Act, and other study results required by the Agencies County Building Albemarle 7/1/2021 7/30/2021 Receipt of the building permit is Permit County VA conditioned upon receipt of the County Special Use Permit. Application for the building permit will be submitted upon completion of the construction drawing set. SP202100007 and SP202100008 Jefferson Mill Hydroelectric Project Attachment C Sec. 5.1.26 - Hydroelectric power generation a. These provisions are intended to encourage the use of water power as a natural and replenishable resource for the generation of electrical power. While serving energy conservation and natural resource goals, these provisions are also intended to limit such use so as: not to be objectionable in the area in which it is located; not to unreasonably interfere with the passage of boats, canoes, fish and other aquatic life; not to unreasonably degrade the riverine and aquatic habitat or water quality, in general; b. The applicant shall submit with his application for special use permit, plans, profiles, studies and other supporting information addressing the issues in (a) above. No such application shall be approved until comment and recommendation has been received from the State Water Control Board, the Commission of Game and Inland Fisheries, and other appropriate federal, state and local agencies; c. Whether or not a site development plan is required, the applicant shall submit to the county engineer a certified engineer's report as described in section 4.14.8. In review of such report, the county engineer shall be particularly mindful of the requirements of section 4.14.1, noise, and section 4.14.7, electrical interference; d. Except as specifically permitted in a particular case, no auxiliary or accessory method of power generation shall be permitted nor shall any pump storage or rechannelization be permitted. �� pF AL8 County of Albemarle Community Development Department - Planning June 28, 2021 Tatiana Marzan Hydropower Technical Analyst Natel Entergy, Inc 2401 Monarch Str Alameda CA 94501 Jeffersonmill@natelenergy.com William D. Fritz bf ri tz @ a I be m a rl e. o rg Telephone: (434) 296-5832 ext. 3242 Re: SP202100007 & SP202100008 Jefferson Mill Hydroelectric Project Action Letter Dear Ms. Marzan The Albemarle County Planning Commission at its meeting, June 1, 2021 recommended approval of the above -noted by a vote of 5:0 with the reasons and conditions stated in the staff report. Please note that this recommendation is based on the following conditions: 1. Development and operation shall be in general accord with the information included in the applicant's special use permit application. 2. Development and operation shall comply with all State and Federal requirements. Should you have any questions regarding the above -noted action, please contact me. Sincerely, William D. Fritz, AICP Development Process Manager/Ombudsman CC. Let It Go LLC C/o Aaron Van Duyne III PO Box 896 Pine Brook NJ 07058 ava nd uyne@vb-cpa.com W W W.ALBEMARLE.ORG 401 McIntire Road, North Wing, I Charlottesville, VA 22902-4579 Albemarle County Planning Commission FINAL Minutes June 1, 2021 The Albemarle County Planning Commission held a public hearing on Tuesday, June 1, 2021 at 6:00 p.m. Members attending were Julian Bivins, Chair; Karen Firehock, Vice -Chair; Rick Randolph; Corey Clayborne; Tim Keller; and Luis Carrazana, UVA representative. Members absent: Daniel Bailey and Jennie More. Other officials present were Charles Rapp, Director of Planning; Andy Herrick, County Attorney's Office; Bill Fritz; and Carolyn Shaffer, Clerk to the Planning Commission. Call to Order and Establish Quorum Mr. Bivins said the meeting was being held pursuant to and in compliance with Ordinance No. 20- A(16), "An Ordinance to Ensure the Continuity of Government During the COVID-19 Disaster." He said opportunities for the public to access and participate in the electronic meeting will be posted at www.albemarle.oro on the Community County Calendar, when available. Ms. Shaffer called the roll. All Commissioners indicated their presence except for Mr. Bailey and Ms. More, who were absent. Mr. Bivins established a quorum. Other Matters Not Listed on the Agenda from the Public There were none. Consent Agenda MOTION: Mr. Keller moved to approve the consent agenda. Mr. Clayborne seconded the motion, which carried 5:0 (Mr. Bailey and Ms. More absent). Public Hearing SP202100007 and SP202100008 Jefferson Mill Hydroelectric Project Mr. Fritz presented the proposal for a hydroelectric facility using the existing Jefferson Mill dam. He said it had two special use permit numbers for it, as hydroelectric is actually a use listed in both the rural areas (RA) district and the flood hazard overlay district and requires a special use permit under both; they are processed simultaneously, but it has to get two numbers for that reason. Mr. Fritz said the existing dam and the adjacent building date to the 1800s, and the mill building is now used as a home. Mr. Fritz said this was not a new proposal; the use of the river for power in this location has been going on since the 1800s. He demonstrated photos from the 1940s and current photos. Mr. Fritz said the dam cannot be seen from any adjacent properties and is on the Hardware River. Mr. Fritz presented an aerial photograph to show more detail of the existing Jefferson Mill Road and the ALBEMARLE COUNTY PLANNING COMMISSION FINAL MINUTES —June 1, 2021 houses and the driveway. He also pointed out the extensive tree cover in the area. He demonstrated a photo taken looking downstream standing next to the house, which showed the existing water room, which is the area where the turbine will be located. He said the project will improve the outfall from the water room and install new inlets to bring water to the turbine. Mr. Fritz said the applicant had submitted by far the most extensive and complete application that he has seen in the 30+ years he has worked for the County. He said this information has been reviewed not only by County staff but by state and federal regulators, and the applicant has been working with County and the state for about a year to identify and address all issues. He said the Department of Environmental Quality is the lead reviewer for this project and coordinates with other state agencies and federal agencies including the Department of Historic Resources, Department of Wildlife Resources, the Virginia Marine Resources Commission, the Environmental Protection Agency, and the Army Corps of Engineers, just to list some. He said all these agencies and others have been reviewing this proposal, and the applicant has been working to address all their concerns. Mr. Fritz said DEQ held a meeting with all the reviewing agencies in the County with the applicant on May 101". He said during that meeting, various agencies discussed the project; no significant concerns were identified by any agencies, and all the concerns that were raised were addressed by the applicant. He gave an example where restoration of the water room was discussed, and the Department of Historic Resources had questions about how the stabilization of the existing stone walls would be made, and the applicant was already proposing to use techniques approved by DHR for stabilization needs. He said those techniques preserve the historical integrity and value of the structure and allow for it to be stabilized and utilized. Mr. Fritz demonstrated a photo taken from essentially the same spot as the previous photo and said the mill building was directly behind the camera. He said the photo gave a good perspective of the relationship of the dam to the mill building, and it also showed how effective the existing dam is preventing the up- and downstream movement of aquatic life; essentially nothing can go up- or downstream (downstream maybe, but not back upstream). He said part of the thoroughness of this applicant's application was not the subject of the special use permit, but the applicant was proposing to install a ladder on the dam on the opposite side of the river from the mill building, and this feature was strongly endorsed by DWR, VMRC and others, and County staff. He said they have not identified any issues with this application and were recommending approval of it. Mr. Fritz paused for questions. Ms. Tatiana Marzan (taking care of the permitting process on behalf of the client) asked for another member of their team, Ms. Jessica Penrod (the original project manager of the project), to be let into the meeting. Ms. Marzan said they did not have a presentation as Mr. Fritz had said he would present on their behalf. Mr. Fritz said he had told Ms. Marzan there was no need for her to do a presentation but to make herself available to the Planning Commission. Ms. Marzan said they were available to answer questions. Mr. Keller said he supported this application, and it was the great conundrum between cultural resource protection and natural resource protection that he had spent his professional lifetime ALBEMARLE COUNTY PLANNING COMMISSION FINAL MINUTES — June 1, 2021 thinking about. He asked Oust to play devil's advocate) if best environmental practices would be to remove this dam completely. Mr. Fritz said the issue of the removal of the dam was not identified during the state's review of this particular application. He said he did not know if that was because it simply was not part of the concept. He said the state was significantly impressed by the current state and quality of the dam and the installation of the fish ladders, the use of turbines that were not going to harm fish life, and there was even the discussion about installing a portage around the dam for recreational usage. He said Mr. Keller may be correct, but the issue did not come up, and he could not provide any additional comment about that. Mr. Keller said he personally agreed with everything that Mr. Fritz had said, but it seemed to him that it was their responsibility to ask what best practices are, and he would like to have an answer to that. Ms. Marzan said the dam was used before for hydropower application, so they were reusing the same use and trying to restore an old hydropower site basically. She noted that fish passage was very important to them and to the client as well, so they were trying to improve the fish passage and the connectivity of the river as well as restoring the previous use of the dam. Ms. Penrod said her comment would be specifically around the existence of fish that have been in the area, and the studies that they have done thus far and the information that is publicly available indicate that the dam is not a huge hindrance to species, especially species of concern going upstream any farther, due to the amount of dams that are below the Jefferson site. She said specifically for the best practices related to the environment, it was not having a huge impact thus far unless other dams downstream were actually removed, and then it probably would be the best practice, but the likelihood of those dams being removed was a very small percentage simply in that some of them were hydro as well and some were for water control. Mr. Keller said that was a fair answer, and that was what he was searching for. Mr. Joseph Head (civil engineer with Natel Energy) said best practices would probably dictate tearing up all the freeways and turning them into meadows for butterflies, but it would be hard to get one's truck around it if that were done, so it was a balance between human existence and the animals. He said this was carbon -free energy that would be generated so they would not be contributing to add any more CO2 to the atmosphere with this; they would actually reduce the carbon footprint, so there was an advantage. Mr. Head said that as Ms. Marzan pointed out, from an historical point of view, the structure was built 200 years ago to generate power from the river to grind wheat, and so they would be returning the structure to its original historical purpose. He said every dam in the country ought to be torn down so the fish could swim free, but that was probably not going to happen, so the goal was to try to make the best of it and to try to generate carbon -free power from a renewable resource and minimize the footprint on the environment and minimize the impact. Mr. Head said they have had people studying the mussels in there; they have been looking at the dissolved oxygen aeration in the water; they have identified different fish species. He said the state people are worried about the eels (the American eels and the sea lamprey), and they think that this can improve their habitat and maybe expand their habitat with an eel ladder. He said they are taking an existing resource and bringing it back to its original use plus improving what was ALBEMARLE COUNTY PLANNING COMMISSION FINAL MINUTES —June 1, 2021 already there, and their project would have a net positive impact on the environment Mr. Randolph mentioned the Rivanna Conservation Association 2019 survey, which was published in February of 2021. He said he had spoken with one of the coauthors, Rachel Pence, and page 3 of that report, in talking about the South Fork of the Rivanna River, said the dam which is used for purposes of drinking water "has a negative influence on the downstream fish community in this section of the South Fork Rivanna River." Mr. Randolph said the project before the Commission was a private piece of property where they were reverting the dam back to its historical role, and when raising a question about whether dams should be undammed, then they need to be thinking of the tradeoff that would need to occur where the largest dams upriver on the Rivanna River and elsewhere would generate the amount of reserve water that the County and City of Charlottesville use for drinking water. He said there was a tradeoff that had to occur, and the gentleman quite correctly stated that. He said this was a piece of private property where they were trying to do the best they could to further the interests not only of the natural world but of also reducing the amount of methane and CO2 that otherwise would be generated through burning hydrocarbons. He said it was a positive step and something really welcome in that section of the Scottsville district and in the County. Ms. Firehock asked the technical question of whether they had determined yet what substratum would be used to line the bottom of the fish ladder. She noted there was a difference in eels' ability to migrate successfully based on that. Mr. Head said people have written treatises on this topic, and it depended on the size of the eel. He explained the American eel starts its life in the Sargasso Sea out in the middle of the Atlantic, and they work their way up the James River and then up the Hardware. He said they were not talking about small ones; by the time they reach the state sampling point down at the mouth of the Hardware, they are a minimum of six to eight inches but can get up to several feet long. Mr. Head said some have an Astroturf -type material on the bottom of the ladder, but as the eels get bigger, they like to swim around knobs, so the size of the bump is critical. He said they have not 100% figured out exactly which way they want to go on that, but it will be some sort of material. He said one of the people involved had suggested they use some tile, and the ones he had seen have had some kind of artificial material like an Astroturf, but he did not know how long that would last. He said the Hardware River is a tough river and flashy. Mr. Head noted the past year, the remnants of one of the hurricanes had blown through, and that river went from a pleasant little stream to a raging torrent in hours, and all of a sudden, instead of three or four inches over the top of the dam, two feet of water were blowing through, and six hours later, it was back to being a nice little stream again. He said whatever is built is going to be able to handle those kinds of forces. He said one idea was to specially cast some ceramic plates with the knobs built in there and then mortar those into the bottom of the fish ladder. He said they think if they did something like that, it would be around for another 100 years. Mr. Head said this dam was actually totally amazing; it had been built by hand 200 years ago and was just rock and mortar. He said this river has been pounding on this dam for 200 years, and it was still there, so they have a responsibility and standard to meet if they are messing with this dam. He said whatever they do, they want to make sure they do not harm the historical nature of it and what they add would be around as long as the dam is. Ms. Firehock said she was glad the fish ladder would last at least as long as the dam, hopefully. ALBEMARLE COUNTY PLANNING COMMISSION 4 FINAL MINUTES —June 1, 2021 She said she would like to send them an article, and maybe they could tell her more (email or she could send it to Mr. Fritz). She said there was a study on the success of eel migration on different types of substrates; specifically, the more studded the substrate, the better they did, and it compared that to other types of substrates that were not as successful. She said that would be useful but was not something that she was proposing to condition approval on or anything; she just wanted to make sure they thought about that. Ms. Firehock thanked Mr. Head for the eel migration lesson. Mr. Fritz said if Ms. Firehock sent it to him, he could take care of forwarding it. Ms. Firehock said her background was actually in stream habitat restoration, and she did that for many years. She commented about the clean energy solution and noted while it was true that hydropower could be considered cleaner than something like coal (she did notice and was glad to see a lot of solar panels on the top of the mill building, so obviously clean energy sources were being used), there were other things that could be used to generate energy. She said she had no way to comment on the energy needs of this particular building and whether it did indeed need to use water power in order to get sufficient green energy to power this building, and she did not know about the energy efficiency of the appliances in the building, so it was really not something that they could talk about. Ms. Firehock said the reason that she would be leaning in support of this application was because of the fact that there is a situation now where the eels cannot migrate up successfully, and because of their intervention as part of generating power, they would be able to. She said looking at it from a net effect, there would be a net benefit to the environment, and they would be better off than if they decided to deny this or took no action that evening. Ms. Firehock did note from an environmental perspective, the best option would be a partial breach of this dam so that there was not a dam across the river, and if anyone wanted to study this, a multitude of dams had come down in Virginia including some major ones. She said just because Albemarle has a drinking water reservoir was not a justification for continuing to maintain dams across streams. She said there was a whole host of problems that occur (from warming water behind the dam, from preventing migration of passage, from trapping sediments sometimes which are contaminated), so she was not a fan of dams. She said she was here in this area when the issue came up about a partial breach of the Rivanna Dam at the Woolen Mills, and her students wrote a grant proposal that was used to fund a study of the partial breach, which was officially done very successfully. She said obviously it does not generate power anymore, and that particular dam was a liability that needed a lot of repairs to meet the state's Dam Safety Act, and so it was cheaper to actually breach it than to try to have it generating power again. Ms. Firehock said because this project had a net benefit and at the end of the day righted a partial wrong in terms of allowing the fish back up the river, she would be in support of it but did not want anyone to think that a "yes" vote on this proposal indicated her support for maintaining dams. She noted just because something was historic did not mean it should be maintained. She said there are historic coalmines, and no one would make an argument for maintaining all historic coalmines, so that argument did not hold any water, so to speak. Mr. Randolph added that page four of the RCA study he had mentioned earlier pointed out that dams are limiting the passage of eels in two out of the three sites, where no American eels were collected, and one of those sites was above the South Fork of the Rivanna River. He asked Ms. Firehock when she sent that study out to please send it to the RWSA for their awareness as well because they need to be aware of that. He said the other two sites were Buck Mountain Creek and the Moormans River also. ALBEMARLE COUNTY PLANNING COMMISSION FINAL MINUTES —June 1, 2021 Ms. Penrod, Natel Energy, said she was the project manager for this and had been out on maternity leave, which was why they had not seen her before. She said specifically about the substrate for the eel passage, it was the Fish and Wildlife Service who would ultimately be agreeing upon what was proposed to them. She said they would love to read the article that Ms. Firehock was going to share, but ultimately it was out of their hands for truly what would be installed. Mr. Bivins mentioned the power generation. He said if he understood, on page 16 of the proposal, he saw that the number of kWh in a year would be about 111,000 per year, but a typical house usually uses around 13 kW per month (or, for example, 12,000 kWh per year). He asked what the arrangement was for that significant magnitude that would be generated (where it would be going or who would be buying it or whether that was known yet). Mr. Fritz said this would be grid -tied, and they could sell back to Dominion the same as people who have solar on their house. Mr. Bivins said that was what he wanted to know because it really was not that big of a house, so they were only going to use probably something like 13 kW/month. Mr. Fritz said he believed the owner would be using it to charge their electric vehicle and other things. Mr. Bivins agreed that would push it up then. He said he saw that capacity and thought two things: whether they usually do residential projects (because it felt like according to the kind of projects they have on their website, this felt very intimate), and if so, it seemed there was a good amount of capacity here (which he does not have a problem with that). He said the first question was how this fit in the suite of projects that they do and whether they would be the ones that come back to check on it from year to year. Mr. Head said there were two residences in the area owned by the same people, and they were going to consolidate the two meters. He said if they could get their hands on them (selling like hotcakes now), the owner wanted to put in some Tesla power walls so the power could be stored and used at different times. He said they think based on their usage that most of the power would be used locally there. Mr. Bivins said he knew of a person who lived on the reservoir who had a horrible experience with the Tesla walls, and Mr. Fritz could speak to that. Mr. Bivins admitted his bias against Tesla but suggested there were some good alternatives to the Tesla walls, and they might want to look into those. He said they did not answer the question about who would maintain this thing. Ms. Penrod said there was an on -site facility manager whom they would be training to do the long- term maintenance. She said they would come in only as needed and do not have a long-term contract to be the maintenance provider. Mr. Bivins commented that when he looked at their firm's page, he noted they also have a UVA graduate as well as graduates from other institutions who work there, and he personally was pleased to see that and pleased to see that it was such an eclectic and talented group of people thinking about how to go to this next phase of energy production. He gave his congratulations on that. ALBEMARLE COUNTY PLANNING COMMISSION 6 FINAL MINUTES —June 1, 2021 There were no public comments MOTION: Mr. Randolph moved to recommend approval of SP202100007 and SP202100008 Jefferson Mill Hydroelectric Project with the conditions recommended by staff. Mr. Keller seconded the motion, which carried 5:0 (Mr. Bailey and Ms. More absent). Mr. Bivins said the project team could share with the applicant this had passed and that the next step would be working with Mr. Fritz on the presentation to the Supervisors. He recommended that if they were going to do a presentation that they be ready to do it. Mr. Bivins said that the Commissioners were each very excited about the project and thanked them for turning their energies to this kind of work and for assembling a team of individuals who looked like they were also having fun thinking about different ways in which to bring electricity into life. Committee Reports Ms. Firehock said the ACE committee met virtually to discuss adding a ranking criterion for habitat cores that are high -quality habitats that have been mapped in the County. She said recently, they had looked at things such as agricultural soils, the size of the property, the number of development rights eliminated, and this added an additional criterion for high -quality habitats. She said that was added, and they wrestled with the language, and she was told it was a small miracle that they both proposed and acted on the recommendation in just one meeting, so that had been done and would move forward to the Board of Supervisors to consider amending the language. She said she did not think it would come to the Planning Commission, but it was a change to the ordinance because it changed the ranking criteria for acquisition of conservation easements. She said some members of the Board were also considering the question of funding for the ACE program because due to COVID and all the other demands on the County, there was no funding for that program in the current year, but they have to rectify that. Mr. Clayborne said he attended a CAC meeting where they had a presentation given by Sandy Shackelford of the TJPDC on the Urban Rivanna River Corridor plan and went through their preliminary recommendations. He said he was not sure if that would ever come before this body but wanted to give an update on that. He asked Mr. Rapp if he knew if that would come before the Planning Commission for a work session. Mr. Rapp said the plan was that it would; it was taking a little bit longer than expected to wrap up that plan and get it to final draft, but they were hoping to get there towards the end of the summer in August/September time frame to get to the Planning Commission and the Board. Mr. Randolph let everyone know that the 5`h and Avon CAC met to talk about a piece of property that is on Avon Street Extended that lies just south of Avinity, and the owner of the property lives on that property. He said there was a community meeting to first look at this, and there were some pretty deep-seated concerns of residents in Avinity about how they were going to be able to maintain their private amenities and try to control residents from another community who might come in and avail themselves of those facilities when they are not paying the HOA fees for them, so that issue will probably be before the Planning Commission. He said he did not know the timing but sometime later in the summer he was assuming, and then they will hear from both the ALBEMARLE COUNTY PLANNING COMMISSION 7 FINAL MINUTES —June 1, 2021 residents of Avinity as well as the applicant on how they are going to address it, but clearly those concerns came out at the CAC meeting. Review of Board of Supervisors Meeting —May 19, 2021 Mr. Rapp said there was a Board meeting on May 191h, which was the day after the last Planning Commission meeting. He said it was fairly light between development department items and primarily went over some transportation projects, updates for the upcoming Smart Scale grant submission cycle, and probably the largest project out of that was the Eastern Avenue extension in Crozet, a very large project that was much needed to help some circulation out there, and a few other projects. He said they also had a public hearing that evening for the secondary six -year road plan with VDOT to get public input on that, and all that will be moving forward as they work through the VDOT cycle. Old/New Business There was no old/new business. Items for Follow -Up There were no items for follow-up. Mr. Bivins said for those who were not at the convention that happened the previous month for the GOP to remember the following week was their opportunity to vote in the Democratic election and to please share that information. Mr. Bivins said they would not be seeing each other the following week (unless they see each other at the polls), and the next meeting would be on June 15Jh for RST and then ACSA. Mr. Rapp said they would have a continuation of RST with some changes that were made by the applicant in the community meeting that they held to get some feedback on that, and it was a comp plan compliance review that would come with Ms. Kanellopoulos afterwards. Adjournment At 6:47 p.m., the Commission adjourned to June 15, 2021, Albemarle County Planning Commission meeting, 6:00 p.m. via electronic meeting. // (� Charles Rapp, Director of Planning (Recorded and transcribed by Carolyn S. Shaffer, Clerk to Planning Commission & Planning Boards and transcribed by Golden Transcription Services) Approved by Planning Commission Date: 06/15/2021 Initials: CSS ALBEMARLE COUNTY PLANNING COMMISSION FI NAL MINUTES — June 1, 2021 ALBEMARLE COUNT' PLANNING COMMISSION FINAL MINUTES —June 1, 2021 RESOLUTION TO APPROVE SP202100007 AND SP202100008 JEFFERSON MILL HYDROELECTRIC WHEREAS, upon consideration of the staff report prepared for SP202100007 and SP202100008 Jefferson Mill Hydroelectric and the attachments thereto, including staff's supporting analysis, the information presented at the public hearing, any comments received, and all of the factors relevant to the special use permit in Albemarle County Code §§ 18-10.2.2(39), 18-30.3.11, 18-5.1.26 and 18-33.8, the Albemarle County Board of Supervisors hereby finds that the proposed special use would: I . not be a substantial detriment to adjacent parcels; 2. not change the character of the adjacent parcels and the nearby area; 3. be in harmony with the purpose and intent of the Zoning Ordinance, with the uses permitted by right in the Rural Areas district, and with the public health, safety, and general welfare (including equity); and 4. be consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors hereby approves SP202100007 and SP202100008 Jefferson Mill Hydroelectric, subject to the conditions attached hereto. I, Claudette K. Borgersen, do hereby certify that the foregoing writing is a true, correct copy of a Resolution duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of to , as recorded below, at a regular meeting held on Clerk, Board of County Supervisors Mr. Gallaway Ms. LaPisto-Kirtley Ms. Mallek Ms. McKee) Ms. Palmer Ms. Price SP202100007 and SP202100008 Jefferson Mill Hydroelectric Special Use Permit Conditions 1. Development and operation must be in general accord with the information included in the applicant's special use permit application. 2. Development and operation must comply with all State and Federal requirements.