BRIEL FARM SOLAR PERMIT-BY-RULE APPLICATION DOCUMENTS

Transcription

1 BRIEL FARM SOLAR PERMIT-BY-RULE APPLICATION DOCUMENTS Small Renewable Energy Projects (Solar) Permit By Rule Henrico County, Virginia DRAFT IN PROGRESS 10/26/17 PREPARED FOR: Urban Grid Solar 337 Log Canoe Circle Stevensville, Maryland Date : October 26, 2017 DAA Project Number: R16572R 01

2 TABLE OF CONTENTS I. INTRODUCTION AND OVERVIEW 1. About the Project 2. About Urban Grid 3. Development Philosophy 4. About the Virginia Permit By Rule II. PERMIT BY RULE COMPLIANCE ANALYSIS 1. Notice of Intent 2. Compliance with Local Land Use Ordinances 3. Interconnection Studies 4. Interconnection Agreements 5. Maximum Generation Capacity Certification 6. Analysis of Potential Impact on Air Quality Standards 7. Analysis of Potential Beneficial / Adverse Impacts on Natural Resources A. Analysis of Wildlife 1. Desktop Surveys and Maps 2. Coastal Avian Protection Zone (CAPZ) Determination B. Analysis of Historical Resources 1. Compilation of Known Historic Resources 2. Architectural Survey 3. Archeological Survey C. Analyses of Other Natural Resources D. Summary of Report 8. Mitigation Plan 9. Certification of Design Incorporating Mitigation Plan 10. Operation Plan Incorporating Mitigation Plan 11. Site Plan and Context Map 12. Certification of Application for Environmental Permits 13. Public Review 14. Permit Fee III ATTACHMENTS

3 BRIEL FARM SOLAR PERMIT BY RULE APPLICATION DOCUMENTS I. INTRODUCTION AND OVERVIEW 1. About the Project The proposed Briel Farm Solar Project is located in Henrico County Virginia, northeast of the I- 295 and I-64 interchange. The project will connect to the Dominion Power grid via an interconnect on the south side of the project crossing under Route 64 to the Elko substation. The project will have a cumulative total generating capacity of approximately 20 Megawatts (MW). The existing site consists of farm fields divided extensively by wooded stream branches. The project includes approximately 115 acres of solar panels with supporting maintenance access roads and electrical equipment. The areas under the solar panels will be planted with a low-maintenance grass mix that will be mowed occasionally so that the height does not interfere with the panels. There will be a landscaped buffer along Meadow Road to reduce the visual impact. Extensive planning has been implemented over a 12 month period to avoid and reduce impacts to environmentally and historically sensitive areas. Land disturbance is limited to the piles supporting the solar panel racks, maintenance roads, limited tree clearing, and grading at the ends of rack rows to lessen abrupt changes in grade. The project enjoys a high level of support from the neighborhood who perceive this project as much less intrusive than other uses allowed by the current zoning, such as a manufacturing facility or warehouse distribution center. All public comments from the required public comment period have been addressed. The project has obtained all required planning-level permits, including the Conditional Use Permit (CUP) from Henrico County. Required construction permits will be obtained from Henrico County. The Project is scheduled to start construction mid-2018 and be operational in If the project site is no longer used for solar generation at the end of the lease period, all solar panels, electrical equipment, and the maintenance access roads will be removed from the site in accordance with Virginia regulatory requirements. The Project now seeks approval under the Virginia Permit by Rule (PBR). 2. About Urban Grid Urban Grid is a leading developer of utility-scale solar power plants in the Mid-Atlantic United States. Urban Grid has extensive solar project development expertise and delivers solar energy projects that maximize value to our customers while limiting risk. Urban Grid has relationships with several utility partners in the mid-atlantic United States who value a diverse portfolio of power resources and desire to add solar generating assets to their mix. Page 1

4 Urban Grid also develops, finances and owns distributed generation solar projects (500kW- 10MW) designed to generate consistent operating performance and predictable long term customer savings. Our focus in distributed generation is long term ownership of renewable energy assets secured through Power Purchase Agreements with commercial, utility, non-profit and government off-takers. With an in-house development fund, internal project investment group, and streamlined operations, we are able to provide our customers and strategic partners unparalleled flexibility with deal structure and competitive installation and financing rates. The Urban Grid team brings together seasoned finance, industry and construction professionals to provide the highest quality solar installation and offer the best financial solution for commercial, educational, government, utility and non-profit organizations. 3. Development Philosophy Urban Grid is committed to the Briel Farm project resulting in a positive impact to the neighborhood, the locality, and the environment. The project has been carefully designed to minimize impacts through the following: Avoidance of wetlands wherever possible through the arrangement of the solar arrays. Protection of historic resources and the Civil War battlefield site. Grading that would change the topography of the battlefield site has been minimized through the use of a specialty solar panel racking system. Also, significant historic features discovered through a comprehensive archeological study of the site will remain in place and will not be impacted. A 100-foot buffer from residences and landscape screening that will preserve the rural view shed along Meadow Road. Conversion of low value agricultural land to meadow vegetation that does not require fertilizers or frequent mowing Preservation of wooded areas to the maximum extent possible. More than 90% of the existing wooded areas on site will be not be impacted. 4. About the Virginia Permit By Rule The Virginia Permit By Rule was legislation enacted by the Virginia General Assembly requiring the Department of Environmental Quality (DEQ) to develop permits by rule for energy projects not exceeding 100 megawatts. The purpose of the PBR is to create uniformity and establish regulatory requirements among energy projects. This is accomplished through fourteen regulatory requirements of which are referenced in the follow section. 1 1 DEQ Solar Energy webpage Page 2

5 II. PERMIT BY RULE COMPLIANCE ANALYSIS Note: Within the subsections of Section II Permit by Rule Compliance Analysis, italicized text is taken from the Virginia Administrative Code, Title 9. Environment, Agency 15. Department of Environmental Quality, Chapter 60. Small Renewable Energy Projects (Solar) Permit By Rule. 1. Notice of Intent In accordance with B 1 of the Code of Virginia, and as early in the project development process as practicable, furnishes to the department a notice of intent, to be published in the Virginia Register, that he intends to submit the necessary documentation for a permit by rule for a small renewable energy project; A Notice of Intent (NOI) was sent to the Department of Environmental Quality on December 15, The Virginia Register of Regulations was then provided a notice by the Department of Environmental Quality and that notice was published in the Virginia Register of Regulations on February 16, The NOI is attached. 2. Compliance with Local Land Use Ordinances In accordance with B 2 of the Code of Virginia, furnishes to the department a certification by the governing body of the locality or localities wherein the small renewable energy project will be located that the project complies with all applicable land use ordinances; The Project requires approval from Henrico County, which is the local governing body. Henrico County requires Substantially in Accordance (SIA) documentation to support that the project complies with comprehensive plan and regional zoning which aids in review and approval by the County Planning Commission and Board of Supervisors. A Conditional Use Permit (CUP) is also required which supports review and approval by the County Board of Zoning Appeals. The SIA was issued by Henrico County on May 9, 2017 and is attached. The Local Governing Body Certification Form and the Conditional Use Permit (CUP) approval were approved by Henrico County on May 26, 2017 and are attached. 3. Interconnection Studies In accordance with B 3 of the Code of Virginia, furnishes to the department copies of all interconnection studies undertaken by the regional transmission organization or transmission owner, or both, on behalf of the small renewable energy project; An interconnection study was not required by Dominion Virginia Power for this project. 4. Interconnection Agreements In accordance with B 4 of the Code of Virginia, furnishes to the department a copy of the final interconnection agreement between the small renewable energy project and the regional transmission organization or transmission owner indicating that the connection of the Page 3

6 small renewable energy project will not cause a reliability problem for the system. If the final agreement is not available, the most recent interconnection study shall be sufficient for the purposes of this section. When a final interconnection agreement is complete, it shall be provided to the department. The department shall forward a copy of the agreement or study to the State Corporation Commission; The interconnection agreement between Urban Grid and Dominion Virginia Power is attached. This agreement has been executed by Urban Grid and is awaiting signature by Dominion Virginia Power. 5. Maximum Generation Capacity Certification In accordance with B 5 of the Code of Virginia, furnishes to the department a certification signed by a professional engineer licensed in Virginia that the maximum generation capacity of the small solar energy project, as designed, does not exceed 100 megawatts; The project has a designed maximum generation capacity of 20 megawatts (MW) which is reflected in the interconnection agreement. A certification of compliance that the project does not exceed 100 MW, signed by a professional engineer licensed in Virginia, is attached. 6. Analysis of Potential Impact on Air Quality Standards In accordance with B 6 of the Code of Virginia, furnishes to the department an analysis of potential environmental impacts of the small renewable energy project's operations on attainment of national ambient air quality standards; The proposed solar project will not negatively impact air quality standards. Utilizing the solar energy from this project offsets the need for other, more conventional energy sources that do have adverse air equality impacts. The proposed project provides power equivalent to the average usage of over 6,000 homes. Utilizing the EPA Power Profiler ( it can be estimated that the project offsets the use of the following amount of harmful emissions that impact air quality adversely: 43,987 pounds per year nitrogen oxides 51,091 pounds per year of sulfur dioxide 64,739,173 pounds per year of carbon dioxide 7. Analysis of Potential Beneficial / Adverse Impacts on Natural Resources In accordance with B 7 of the Code of Virginia, furnishes to the department, where relevant, an analysis of the beneficial and adverse impacts of the proposed project on natural resources. The owner or operator shall perform the analyses prescribed in 9VAC For wildlife, that analysis shall be based on information on the presence, activity, and migratory behavior of wildlife to be collected at the site for a period of time dictated by the site conditions and biology of the wildlife being studied, not exceeding 12 months; Page 4

7 A. Analysis of Wildlife To fulfill the requirements of B 7 of the Code of Virginia, the applicant shall conduct preconstruction wildlife analyses. The analyses of wildlife shall include the following: 1. Desktop Surveys and Maps The applicant shall obtain a wildlife report and map generated from DGIF's Virginia Fish and Wildlife Information Service web-based application (9VAC C 3) or from a data and mapping system including the most recent data available from DGIF's subscriber-based Wildlife Environmental Review Map Service of the following: (i) known wildlife species and habitat features on the site or within two miles of the boundary of the site and (ii) known or potential sea turtle nesting beaches located within one-half mile of the disturbance zone. A desktop survey was conducted by Angler Environmental (Desktop Analysis for Briel Farm Solar Site, Henrico County, Virginia, dated January 2017) and is attached. The report provides the results of federal and state databases within a 2-mile radius of the site. 2. Coastal Avian Protection Zone (CAPZ) Determination Desktop map for avian resources in Coastal Avian Protection Zones (CAPZ). The applicant shall consult the "Coastal Avian Protection Zones" map generated on the department's Coastal GEMS geospatial data system (9VAC C 1) and determine whether the proposed solar energy project site will be located in part or in whole within one or more CAPZ. Based on review of the VA Coastal Geospatial and Educational Mapping System (GEMS), the Project is located in Coastal Avian Protection Zone (CAPZ) Zone #13: Unknown importance, survey needed (breeding eagles). According to the Solar Permit by Rule (PBR) Guidance, prepared by the DEQ (REW S3, posted August 15, 2012), the delineation of CAPZ 13 encompasses land and waters considered to be important to birds, but for which there are not enough data to indicate their overall significance to avian resources and/or to steer mitigation actions. Based on the fact that there are not enough data to determine the overall significance to avian resources and/or to steer mitigation actions, further action to determine the project s effect on coastal birds is not anticipated to be required. B. Analysis of Historical Resources To fulfill the requirements of B 7 of the Code of Virginia, the applicant shall also conduct a preconstruction historic resources analysis. The analysis shall be conducted by a qualified professional meeting the professional qualification standards of the Secretary of the Interior's Standards for Archeology and Historic Preservation (9VAC B 2) in the appropriate discipline. The analysis shall include each of the following: Page 5

8 1. Compilation of Known Historic Resources The applicant shall gather information on known historic resources within the disturbance zone and within one-half mile of the disturbance zone boundary and present this information on the context map referenced in 9VAC B, or as an overlay to this map, as well as in tabular format. 2. Architectural Survey The applicant shall conduct a field survey of all architectural resources, including cultural landscapes, 50 years of age or older within the disturbance zone and within one-half mile of the disturbance zone boundary and evaluate the eligibility of any identified resource for listing in the VLR. 3. Archeological Survey The applicant shall conduct an archaeological field survey of the disturbance zone and evaluate the eligibility of any identified archaeological site for listing in the VLR. As an alternative to performing this archaeological survey, the applicant may make a demonstration to the department that the project will utilize nonpenetrating footings technology and that any necessary grading of the site prior to construction does not have the potential to adversely impact any archaeological resource. A Cultural Resource Survey was conducted by Dutton + Associates, LLC (Phase IA, dated October 2017) and is attached. The study provides information, including mapping, for known historic resources, including the Civil War Savage Station battlefield site. The survey provides (1) compilation of known historic resources, (2) an architectural survey, and (3) the results of the archeological field survey efforts. C. Analyses of Other Natural Resources To fulfill the requirements of B 7 of the Code of Virginia, the applicant shall also conduct a preconstruction desktop survey of natural heritage resources within the disturbance zone. The desktop survey perform by Angler Environment, attached, conducted a search of the DCR database for natural heritage resources within the project area. None were found. D. Summary of Report The applicant shall provide to the department a report presenting the findings of the studies and analyses conducted pursuant to subsections A, B, and C of this section, along with all data and supporting documents. The applicant shall assess and describe the expected beneficial and adverse impacts, if any, of the proposed project on wildlife and historic resources identified by these studies and analyses. Significant Benefits of the project include the following: Air Pollution: the completed solar facility will produce electricity equivalent to that used by over 5,000 homes without the pollution produced by traditional energy generation. Page 6

9 Reduction of Stormwater Pollutants: The project site is located in the headwaters of a tributary of the Chickahominy River. Currently, the site is used for agricultural production with approximately 90 acres of plowed fields and another 60 acres of cattle pasture. By converting this land to low-maintenance meadow, the project will have a significant improvement in runoff water quality by reducing sediment, runoff of agricultural chemicals (fertilizer, pesticides, and herbicides), and cease the presence of cattle in stream channels. Insect and Bird Habitat: Currently, much of the site is unsuitable for insect and bird habitat due to the lack of cover, monoculture plant species, and framing operations. The conversion to low-maintenance meadow will allow a variety of native plant species to establish themselves and provide needed food and habitat. Evaluation of Potential Adverse Impacts The desktop analysis of natural resources by Angler Environmental includes the following: Field delineation of wetlands and perennial streams Threatened and endangered species database review Wetlands and perennial streams were found on the project site. Impacts to these features have been minimized by solar panel placement. Solar panels will be installed over approximately 530 linear feet of ephemeral stream and a total of approximately 2,800 sf of small wetland areas along this ephemeral stream. In this area, trees will be cut to allow solar panel installation, but land disturbance will be avoided by leaving stumps in place. The database search did not indicate the potential for federally-listed threatened and/or endangered species. Where possible, the layout of the solar facility has been designed to avoid areas of archeological significance. To address potential adverse impacts in the one archeological site affected, a historic resource mitigation plan has been created by Dutton + Associates, LLC (Briel Farm Solar Project Proposed Treatment Plan for Avoidance, Minimization, and Mitigation of Adverse Impacts to Significant Historic Property, dated October 2017) and is attached. 8. Mitigation Plan In accordance with B 8 of the Code of Virginia, furnishes to the department a mitigation plan pursuant to 9VAC that details reasonable actions to be taken by the owner or operator to avoid, minimize, or otherwise mitigate such impacts, and to measure the efficacy of those actions; provided, however, that the provisions of this subdivision shall only be required if the department determines, pursuant to 9VAC , that the information collected pursuant to B 7 of the Code of Virginia and 9VAC indicates that significant adverse impacts to wildlife or historic resources are likely. The mitigation plan shall be an addendum to the operating plan of the solar energy project and the owner or operator shall implement the mitigation plan as deemed complete and adequate by the department. The mitigation plan shall be an enforceable part of the permit by rule; Page 7

10 A historic resource mitigation plan has been created by Dutton + Associates, LLC (Briel Farm Solar Project Proposed Treatment Plan for Avoidance, Minimization, and Mitigation of Adverse Impacts to Significant Historic Property, dated October 2017) and is attached. The mitigation plan for the one archeological site affected has been created with guidance from DHR and has been submitted to DHR for review. Final approval is pending. The mitigation plan includes the following measures: One acre will be set aside as a preservation area immediately adjacent to the existing Savage Station Battlefield monument and interpretive signage pull off. Installation of solar array rack supports within and immediately adjacent to the boundaries of the archaeological site will occur after the area has been appropriately excavated and data recovered for each support post. During installation of the solar array rack system within and immediately adjacent to the archaeological site mats will be placed on the ground surface to protect ground surfaces from disturbance associated with construction vehicles and equipment. There are no significant adverse impacts to wildlife, therefore the attached mitigation plan does not include measures affecting wildlife. 9. Certification of Design Incorporating Mitigation Plan In accordance with B 9 of the Code of Virginia, furnishes to the department a certification signed by a professional engineer licensed in Virginia that the project is designed in accordance with 9VAC ; A certification signed by a professional engineer licensed is attached. 10. Operation Plan Incorporating Mitigation Plan In accordance with B 10 of the Code of Virginia, furnishes to the department an operating plan that includes a description of how the project will be operated in compliance with its mitigation plan, if such a mitigation plan is required pursuant to 9VAC ; The mitigation plan does not require measures to be implemented in the operation of the facility, so the operating plan is not included. 11. Site Plan and Context Map In accordance with B 11 of the Code of Virginia, furnishes to the department a detailed site plan meeting the requirements of 9VAC ; 9VAC Site Plan and Context Map Requirements A. The applicant shall submit a site plan that includes maps showing the physical features, topography, and land cover of the area within the site, both before and after construction Page 8

11 of the proposed project. The site plan shall be submitted at a scale sufficient to show, and shall include, the following: (i) the boundaries of the site; (ii) the location, height, and dimensions of all existing and proposed PV systems, other structures, fencing, and other infrastructure; (iii) the location, grades, and dimensions of all temporary and permanent on-site and access roads from the nearest county or state maintained road; and (iv) water bodies, waterways, wetlands, and drainage channels. B. The applicant shall submit a context map including the area encompassed by the site and within five miles of the site boundary. The context map shall show state and federal resource lands and other protected areas, Coastal Avian Protection Zones, historic resources, sate roads, waterways, locality boundaries, forests, open spaces, and transmission and substation infrastructure. A site plan and a context map in accordance with the above requirements are attached. 12. Certification of Application for Environmental Permits In accordance with B 12 of the Code of Virginia, furnishes to the department a certification signed by the applicant that the small solar energy project has applied for or obtained all necessary environmental permits; The project will apply for required environmental permits during site design. Permits include permits and reviews by Henrico County. The required certification will be provided with the final PBR document 13. Public Review Prior to authorization of the project and in accordance with B 13 and 14 of the Code of Virginia, conducts a 30-day public review and comment period and holds a public meeting pursuant to 9VAC The public meeting shall be held in the locality or, if the project is located in more than one locality, in a place proximate to the location of the proposed project. Following the public meeting and public comment period, the applicant shall prepare a report summarizing the issues raised by the public and include any written comments received and the applicant's response to those comments. The report shall be provided to the department as part of this application; and The required public meeting and comment period will be advertised after initial review of this document by DEQ. The final PBR will be revised to include comments. 14. Permit Fee In accordance with 9VAC , furnishes to the department the appropriate fee. The required fee of $8,000 based on a generation capacity between 5 MW and 25 MW will be included with the final PBR document. Page 9

12 III ATTACHMENTS 1. Notice of Intent Notification 2. Henrico County Local Governing Body Certification Form 3. Henrico County Conditional Use Permit Approval 4. Henrico County Substantially in Accord Document 5. Interconnection Agreement 6. Maximum Generation Capacity Certification 7. Desktop Natural Resource Analysis 8. Cultural Resource Survey 9. Mitigation Plan 10. Design Certification 11. Context Map 12. Site Plan Page 10