HomeMy WebLinkAbout033-20 (CUPBartonsvilleEnergyFacility)
CONDITIONAL USE PERMIT #05-20
Bartonsville Energy Facility, LLC
Staff Report for the Board of Supervisors
Prepared: September 11, 2020
Staff Contact: M. Tyler Klein, AICP, Senior Planner
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on
this request. It may also be useful to others interested in this zoning matter.
Reviewed Action
Planning Commission:
09/02/20 Recommended Approval
Board of Supervisors:
09/23/20 Pending
EXECUTIVE SUMMARY:
This is a request for a Conditional Use Permit (CUP) to enable construction of a 705-acre utility-
scale solar power generating facility (disturbed area) located on properties totaling
approximately 1,160.5-acres.
Should the Board of Supervisors find this use for a utility-scale solar power generating facility to
be appropriate, the Planning Commission would suggest the following Conditions of Approval:
1.All review agency comments provided during the review of this application shall be
complied with at all times.
2.An engineered site plan, in accordance with the requirements of Article VIII of the
Frederick County Zoning Ordinance, shall be submitted to and subject to approval by
Frederick County prior to the establishment of the use. The site plan shall address
additional regulations for specific uses outlined in §165-204.26 of the Frederick County
Zoning Ordinance and be in general conformance with the Concept Plan, included with
the CUP application, prepared by Greenway Engineering, dated August 28, 2020.
3.Buffers and screening shall be provided around the perimeter of the project in general
conformance with quantity of the proposed plantings depicted on Sheets 3 and 4 of the
Concept cape Buffer A, B, C, D, E & F included with the CUP
application, prepared by Greenway Engineering, dated August 28, 2020. The landscape
buffer plantings shall be maintained in good health for the life of the project.
4.Prior to site plan approval, the owner shall enter into a written agreement with Frederick
County to decommission solar energy equipment, facilities, or devices pursuant to the
terms and conditions of §15.2-2241.2(B) of the Code of Virginia. The written agreement
shall be updated every five (5) years and in general conformance with the Exhibit D:
Preliminary Decommissioning Plan, included with the CUP application, prepared by
Torch Clean Energy, dated May 2020.
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CUP #05-20 Bartonsville Energy Facility, LLC
September 11, 2020
5.Batteries, for the purposes of mass storage of electricity that will eventually be
transferred to the grid, are prohibited as part of this CUP.
6.This Conditional Use Permit shall not be effective unless and until the vacations of the
Springdale Glen and Carrollton Estates Subdivisions are approved and recorded. In
addition, the approval and recordation of such vacations shall take place prior to the
approval of any site plan for the use authorized by this Conditional Use Permit.
7.Access to the site shall be limited to two (2) entrances from Springdale Road and one (1)
entrance from Passage Road, and be in general conformance with the Concept Plan,
included with the CUP application, prepared by Greenway Engineering, dated August 28,
2020. Delivery of solar array panel construction materials will occur at the site access
entrance off of Passage Road identified as Deer Lane on Sheet 4 of the Concept Plan.
Solar array panel materials delivery laydown area will be limited to Tax Parcel 74-A-44A
(Carbaugh Property).
8.Pile-driving of poles for solar arrays during construction shall be limited to 7:00 a.m.
5:00 p.m. Monday through Friday. All other construction activities are permitted 7:00
a.m. to 7:00 p.m. Monday through Friday and 7:00 a.m. to 5:00 p.m. on Saturday. No
construction activities are permitted on Sundays.
9.The location of inverters serving the solar project shall be at least 450-feet from all
adjacent residences.
10.Subdivision, for residential development, of Tax Parcels 74-A-3, 74-A-4, 74-A-6C, or of
the area currently constituting the Springdale Glen and Carrollton Estates subdivisions
shall be prohibited during such time as solar power generating equipment is installed on
said parcels.
11.Any expansion or modification of this land use will require the approval of a new CUP.
Following this public hearing, a decision regarding this Conditional Use Permit application by
the Board of Supervisors would be appropriate. The Applicant should be prepared to
adequately address all concerns raised by the Board of Supervisors.
Any recommendation for approval should also include a statement affirming that the proposed
solar facility is in substantial accord with the Comprehensive Plan.
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CUP #05-20 Bartonsville Energy Facility, LLC
September 11, 2020
LOCATION:
The properties are generally located along Passage Road (Route 648), Marlboro
Road (Route 631), Springdale Road (Route 649), Middle Road (Route 628), and west of the CSX
rail corridor and partially within the Town of Stephens City limits.
MAGISTERIAL DISTRICT:
Back Creek and Opequon
PROPERTY ID NUMBERS
: 74-A-3, 74-A-21, 74-A-45, 74-A-44A, 74-A-4, 74-A-6C, 74-A-
44, 74-A-35A, 74-A-20 and all lots 1-12 in the Springdale Glen Subdivision and lots 1-52 in the
Carrolton Estates Subdivision.
PROPERTY ZONING & PRESENT USE:
Zoned: RA (Rural Areas), R1 (Town of Stephens City)
Land Use: Agricultural, Forestal, Vacant & Residential (platted only)
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RA (Rural Areas) Use: Agricultural/Residential/Institutional
South: RA (Rural Areas) Use: Agricultural/Residential
East: RA/Town of Stephens City Use: Agricultural/Residential/Industrial
West: RA (Rural Areas) Use: Agricultural/Residential
PROPOSED USE:
This is a request to enable construction of a 705-acre utility-scale solar
power generating facility (disturbed area) located on properties totaling approximately 1,160.5-
acres.
REVIEW EVALUATIONS:
Virginia Department of Transportation:
The application for a Conditional Use Permit for these properties appear to have little measurable
impact on Route 649 (Springdale Road), Route 648 (Passage Road), the VDOT facilities
providing access to the properties. Locations have been identified for a low-volume commercial
entrance, on Route 648 and Route 649. The new entrances will need to meet VDOT standards
for the proposed use. Should the use ever expand in the future, the entrance will need to be
reviewed, to determine if additional improvements may be required.
See comment letter dated May 26, 2020.
Frederick County Fire Marshal:
Plans approved by Fire Marshal, Frederick County.
See comment letter dated May 14, 2020.
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CUP #05-20 Bartonsville Energy Facility, LLC
September 11, 2020
Frederick County Inspections:
Conditional Use Permit for installation of solar arrays shall be designed per the 2015 Virginia
Building Code, U-Utility Use Group.
Solar panel installation not associated with publicly regulated utilities require permits. Plans
submitted for permits may require the design to be sealed by a Registered Design Professional
licensed in the State of Virginia. Arrays shall be designed for the applicable loads as required in
Chapter 16 VBC.
Please note the requirements in Chapter 17 of VBC for special inspection requirements on the
type of structure (soil, concrete etc.).
See comment letter dated May 14, 2020.
Town of Stephens City:
The Town has no objection to the CUP Application and will provide comments at the time of site
plan submittal.
See comment letter dated June 2, 2020.
Historic Resources Advisory Board (HRAB):
The Frederick County Historic Resources Advisory Board (HRAB) considered the above
referenced Conditional Use Permit application during their meeting on June 16, 2020. The HRAB
reviewed information from the Virginia Department of Historic Resources (VDHR) and
information provided by the Applicant. This application seeks to construct a utility scale solar
project located on 68 parcels of land that total 957 acres. The project will consist of rows of
ground-mounted photovoltaic modules,commonly known as solar panels. The site is located along
Passage Road and Springdale Road, west of the CSX corridor and the Town of Stephens City.
Historic Resources Advisory Board Comments:
The following historic resources are located on the subject site:
#034-1078 Cherry Dale (Mary Stephens House) located on site 74-A-20
Eligible for listing in the National Register of Historic Places (NRHP)
Survey Area 2 has a structure (labeled building 1) that is not mapped.
Building 1 is located in the southern portion of the APE and consists of a series of
o
collapsed buildings. Investigators did identify a potential residence, barn, and several
collapsed outbuildings. The property is in the relative mapped location of the
building attributed to R. R. Turner on the 1885 atlas (see Figure 13). No evidence of
the adjacent building depicted on the early twentieth century quadrangles was noted
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CUP #05-20 Bartonsville Energy Facility, LLC
September 11, 2020
during the reconnaissance. (Phase 1A survey - see page 22 for text and appendix C
for photograph).
The following historic resources are located adjacent or within the vicinity of the subject site (buffer
y):
#034-0071 Rice Robinson House
#034-0083 - Carter Hall
Eligible for listing in the NRHP
Located adjacent to the area of potential affect (APE)
#034-1044 Willow Grove
Located adjacent to the area of potential affect (APE)
#034-0007 Kernstown Battlefield
Eligible for listing in the NRHP
After reviewing the information provided, the Historic Resources Advisory Board (HRAB)
recommended approval of the CUP with the following comments:
The buffers around the historic resources should contain a mixture of evergreen plant species
to ensure a natural appearing vegetative buffer.
An enhanced buffer along Carter Hall should be provided; similar to the buffer surrounding
the proposed substation.
A Phase 1 Archeological Survey will be completed as part of the permitting of this project.
This survey should document the collection of historic structures on and around this
development.
This survey should determine if the structures onsite (Building 1 and associated
o
structures within survey area 2) are potentially significant.
This survey should determine if this area would qualify as a rural historic district.
o
See comment letter dated June 18, 2020.
Planning and Zoning:
Utility-scale solar power generating facilities are a permitted use in the RA (Rural Areas) Zoning
District with an approved Conditional Use Permit (CUP). The Board of Supervisors added
utility-scale solar power generating facilities to the Zoning Ordinance on January 8, 2020,
including additional regulations for specific uses (i.e. a solar ordinance). These additional
regulations further specify for utility-scale solar power generating facilities to prepare an
engineered site plan and enter into a written agreement with Frederick County for facility
decommissioning. As a conditional use permit, the Board may further specify certain conditions
to ensure the project does not have a negative impact on neighboring properties and/or the
overall character of the community.
The application proposes use of approximately 1,160.5-acres of rural area property, primarily
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CUP #05-20 Bartonsville Energy Facility, LLC
September 11, 2020
used for agriculture, to generate 80 to 130 megawatts (MWS) or photovoltaic (solar) electricity.
Approximately 705-acres of the subject parcels will be utilized (disturbed) for the installation of
rows of ground-mounted photovoltaic modules, commonly known as solar panels, other
necessary equipment for facility operations, a transmission substation, access paths, fencing and
landscaping. The solar panels will be interconnected, and the power generated by each solar
panel will be combined, converted, and the voltage increased to allow delivery of the power to
the adjacent First Energy 138 kilovolt (KV) transmission line. The proximity of the project to the
existing transmission line was a significant factor in the selection of these properties for the
development of the facility.
A portion of the project (approximately 135.9+/-acres) is within the limits of the Town of
Stephens City. These properties are subject to the regulations of the Town, and the project will
receive separate approvals for the use of this acreage for the proposed use. Public utilities,
including utility-scale solar power generating facilities, are a by-right use under the Town of
Stephens City Zoning Ordinance. Frederick County Staff will continue to coordinate with the
Town during the site plan review and approval process if this CUP application is approved by the
Board.
Approximately 361-acres of the project area are currently platted as 64 rural residential
subdivision lots (lots 1-12 inclusive, Springdale Glen Subdivision and lots 1-52 inclusive,
Carrollton Estates Subdivision including dedicated right-of-way (ROW)). If this project were to
be approved, the Applicant would need to vacate (remove) the 64 platted residential lots and
ROW prior to site plan approval. The removal of these residential lots may ultimately reduce the
future capital impact to County services.
Additionally, the project as proposed does not include any batteries for the purposes of mass
storage of electricity that will eventually be transferred into the grid. Small batteries will be
utilized as backup for solar tracker motors, substation, and associated equipment.
The Zoning Ordinance requirempublic u -scale solar power
generating facilitie-204.26) specifies the Zoning Administrator has the authority to
determine appropriate setbacks for lots. Setbacks for the solar arrays (panels) will conform to the
setback requirements contained in the Zoning Ordinance for principle uses in the RA (Rural
Areas) Zoning District (§165-401.07): 60-feet (FT) front setbacks from right-of-way streets and
roads, and side/rear setbacks of 50-FT from adjoining parcels 6-acres or less, 100-FT from
adjoining parcels of more than 6-acres, and 200-FT from Agricultural and Forestal Districts
(more than 6-acres) and orchards (regardless of size). After consultation with Staff during the
pre-development of the application, the Applicant has proposed setbacks for the solar arrays
(panels) for this project will be a minimum of 100-feet (FT) from all external roads and property
lines, and 200-FT from Agricultural and Forestal Districts. The Applicant has further committed
to locating inverters on the site at least 450-FT from neighboring residences to reduce noise
impacts (see condition # 9).
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CUP #05-20 Bartonsville Energy Facility, LLC
September 11, 2020
In order to protect the viewshed and mitigate the visual impact to neighboring properties in the
vicinity of the property the Applicant has proposed buffering and screening around the perimeter
of the property, in addition to maintaining existing mature woodlands (where feasible), to shield
view of the facility from adjacent roadways, residences, and other agriculture uses. In addressing
viewshed concerns from residential neighbors, the Applicant will also provide an enhanced
buffer (shown as Landscape Buffer F, Sheet 4, Concept Plan) that includes a seven (7) foot
earthen berm in addition to landscape plantings.
Access to the Bartonsville Energy Facility will be limited to two (2) entrances located on
Springdale Road (Route 649) and one (1) entrance from Passage Road (Route 648). No access is
proposed from Marlboro Road (Route 631) or Middle Road (Route 628). Proposed entrances are
ultimately subject to approval by the Virginia Department of Transportation (VDOT) and will be
formally reviewed during the site plan review and approval process. The proposed setbacks,
buffers/screening and project entrances are clearly depicted on the Concept Plan prepared by
Greenway Engineering, dated August 28, 2020, and included with the CUP application.
Finally, a draft Preliminary Decommissioning Plan included with the application materials,
satisfies requirements contained in §165-204.26 of the Zoning Ordinance, ensuring that in the
event the facility is no longer in operation, the land will be returned to the pre-development
condition with all solar infrastructure and related facilities removed, ensuring future viability of
the land to resume agricultural operations. Further, proposed condition of approval #4 ensures
that Frederick County would maintain a bond that is updated every five (5) years keeping it up to
date.
The 2035 Comprehensive Plan envisions this area of the County to remain primarily rural in
nature and for agricultural land to be preserved for future generations. The project is generally
compatible with the Comprehensive Plan, with the rural character of the area, and with the
adjoining agricultural and residential uses. The preservation of the underlying land maintains the
ability for agricultural uses in the future. The proposed use is highly passive with limited noise,
odor, glare, lighting, and traffic during operations.
In addition to requirements contained in the Zoning Ordinance, the Applicant will pursue a
Permit-by-Rule (PBR) application through the Virginia Department of Environmental Quality
(DEQ). The PBR is a state-level administrative review and approval process for the siting of
solar energy facilities in the Commonwealth, including environmental and cultural review and
study. One component of the state required PBR review is local jurisdiction approval of solar
project siting; this CUP application, if approved by the Frederick County Board of Supervisors,
would satisfy that requirement enabling completion of a PBR process for this project.
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CUP #05-20 Bartonsville Energy Facility, LLC
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STAFF CONCLUSIONS FOR THE 09/02/20 PLANNING COMMISSION MEETING:
This is a request for a Conditional Use Permit (CUP) to enable construction of a 705-acre utility-
scale solar power generating facility (disturbed area) located on properties totaling
approximately 1,160.5-acres.
Should the Planning Commission find this use for a utility-scale solar power generating facility
to be appropriate, Staff would suggest the following Conditions of Approval:
1.All review agency comments provided during the review of this application shall be
complied with at all times.
2.An engineered site plan, in accordance with the requirements of Article VIII of the
Frederick County Zoning Ordinance, shall be submitted to and subject to approval by
Frederick County prior to the establishment of the use. The site plan shall address
additional regulations for specific uses outlined in §165-204.26 of the Frederick
County Zoning Ordinance and be in general conformance with the Concept Plan,
included with the CUP application, prepared by Greenway Engineering, dated August
28, 2020.
3.Buffers and screening shall be provided around the perimeter of the project in general
conformance with quantity of the proposed plantings depicted on Sheets 3 and 4 of
the Concept , E & F included with the CUP
application, prepared by Greenway Engineering, dated August 28, 2020. The
landscape buffer plantings shall be maintained in good health for the life of the
project.
4.Prior to site plan approval, the owner shall enter into a written agreement with
Frederick County to decommission solar energy equipment, facilities, or devices
pursuant to the terms and conditions of §15.2-2241.2(B) of the Code of Virginia. The
written agreement shall be updated every five (5) years and in general conformance
with the Exhibit D: Preliminary Decommissioning Plan, included with the CUP
application, prepared by Torch Clean Energy, dated May 2020.
5.Batteries, for the purposes of mass storage of electricity that will eventually be
transferred to the grid, are prohibited as part of this CUP.
6.This Conditional Use Permit shall not be effective unless and until the vacations of
the Springdale Glen and Carrollton Estates Subdivisions are approved and recorded.
In addition, the approval and recordation of such vacations shall take place prior to
the approval of any site plan for the use authorized by this Conditional Use Permit.
7.Access to the site shall be limited to two (2) entrances from Springdale Road and
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CUP #05-20 Bartonsville Energy Facility, LLC
September 11, 2020
one (1) entrance from Passage Road, and be in general conformance with the
Concept Plan, included with the CUP application, prepared by Greenway
Engineering, dated August 28, 2020. Delivery of solar array panel construction
materials will occur at the site access entrance off of Passage Road identified as Deer
Lane on Sheet 4 of the Concept Plan. Solar array panel materials delivery laydown
area will be limited to Tax Parcel 74-A-44A (Carbaugh Property).
8.Pile-driving of poles for solar arrays during construction shall be limited to 7:00a.m.
to 5:00 p.m. Monday through Friday. All other construction activities are permitted
7:00 a.m. to 7:00 p.m. Monday through Friday and 7:00 a.m. to 5:00 p.m. on
Saturday. No construction activities are permitted on Sundays.
9.The location of inverters serving the solar project shall be at least 450-feet from all
adjacent residences.
10.Any expansion or modification of this land use will require the approval of a new
CUP.
PLANNING COMMISSION SUMMARY AND ACTION FOR THE 09/02/20 MEETING:
nd
The Planning Commission held a public hearing on the proposed CUP on September 2.
Following a Staff presentation, the Applicant made a presentation highlighting Torch Clean
Energy (the developer), site development/construction timeline, and outreach efforts to adjoining
property owners and the wider community in the vicinity of the project. The Planning
Commission asked for clarification regarding interconnection parcels and substation location; the
Applicant highlighted those parcels as having only underground utility easements and that there
would be no solar panels located on these interconnection parcels. Commissioner Oates asked
Staff to confirm that the property within the corporate limits of the Town of Stephens City was
subject to the applicable regulations of the Town and not under the jurisdiction of Frederick
County; Staff confirmed this was the case but those parcels were included in the overall project
information for context only.
Eleven (11) members of the public spoke on the proposed project. Citizen comments included
request for additional berms and screening, increasing the setbacks from 100-feet (FT), concerns
over impacts of the project to quality of life and community character, impact to existing
viewshed, loss of agricultural land, construction and inverter noise and glare. Following the
public hearing, the Applicant responded to several of the comments noting that several of the
speakers are residents of the Town of Stephens City and the portion of the project they were
concerned about is within the Towns corporate limits, and not subject to the regulations of
Frederick County. The Applicant further stated that in an effort to be a good neighbor they had
worked directly with the adjoining property owners and district commissioners to address those
concerns through enhanced landscaping and a 7-FT tall earthen berm. The Applicant noted that
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CUP #05-20 Bartonsville Energy Facility, LLC
September 11, 2020
all of the proposed landscaping/screening was included on Sheets 3 and 4 of the Concept Plan
(revised August 28, 2020) and that the conditions specify conformance with the plan.
Commissioner Jewell stated in his remarks that the project would increase tax revenue to the
County, would eliminate 64 platted residential lots bringing a net savings to the County on
capital costs, would preserve agricultural land for future use, and that the work done by the
Applicant to address neighbor concerns would ensure the project was not visible from adjoining
roadways and residences. Commissioner Oates proposed an additional condition be added that
for the life of the project no new residential lots could be subdivided out while solar facilities
were located on the property. The Planning Commission concluded their remarks noting that
several of the speakers (Sneddon, Gordon, Heath) were residents of the Town of Stephens City,
and their properties adjoin the project area that is within the jurisdiction of the Town and subject
to the regulations of the Town, not Frederick County.
The Planning Commission voted 10-2-1 (Commissioner Kenney & Triplett No; Commissioner
Cline Absent) to forward the application to the Board of Supervisors with a recommendation of
approval including the amended condition proposed by Commissioner Oates.
EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 09/23/20 BOARD OF
SUPERVISORS MEETING:
This is a request for a Conditional Use Permit (CUP) to enable construction of a 705-acre utility-
scale solar power generating facility (disturbed area) located on properties totaling
approximately 1,160.5-acres.
Should the Board of Supervisors find this use for a utility-scale solar power generating facility to
be appropriate, the Planning Commission would suggest the following Conditions of Approval:
1.All review agency comments provided during the review of this application shall be
complied with at all times.
2.An engineered site plan, in accordance with the requirements of Article VIII of the
Frederick County Zoning Ordinance, shall be submitted to and subject to approval by
Frederick County prior to the establishment of the use. The site plan shall address
additional regulations for specific uses outlined in §165-204.26 of the Frederick County
Zoning Ordinance and be in general conformance with the Concept Plan, included with
the CUP application, prepared by Greenway Engineering, dated August 28, 2020.
3.Buffers and screening shall be provided around the perimeter of the project in general
conformance with quantity of the proposed plantings depicted on Sheets 3 and 4 of the
Concept Plan, scape Buffer A, B, C, D, E & F included with the CUP
application, prepared by Greenway Engineering, dated August 28, 2020. The landscape
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CUP #05-20 Bartonsville Energy Facility, LLC
September 11, 2020
buffer plantings shall be maintained in good health for the life of the project.
4.Prior to site plan approval, the owner shall enter into a written agreement with Frederick
County to decommission solar energy equipment, facilities, or devices pursuant to the
terms and conditions of §15.2-2241.2(B) of the Code of Virginia. The written agreement
shall be updated every five (5) years and in general conformance with the Exhibit D:
Preliminary Decommissioning Plan, included with the CUP application, prepared by
Torch Clean Energy, dated May 2020.
5.Batteries, for the purposes of mass storage of electricity that will eventually be
transferred to the grid, are prohibited as part of this CUP.
6.This Conditional Use Permit shall not be effective unless and until the vacations of the
Springdale Glen and Carrollton Estates Subdivisions are approved and recorded. In
addition, the approval and recordation of such vacations shall take place prior to the
approval of any site plan for the use authorized by this Conditional Use Permit.
7.Access to the site shall be limited to two (2) entrances from Springdale Road and one (1)
entrance from Passage Road, and be in general conformance with the Concept Plan,
included with the CUP application, prepared by Greenway Engineering, dated August 28,
2020. Delivery of solar array panel construction materials will occur at the site access
entrance off of Passage Road identified as Deer Lane on Sheet 4 of the Concept Plan.
Solar array panel materials delivery laydown area will be limited to Tax Parcel 74-A-44A
(Carbaugh Property).
8.Pile-driving of poles for solar arrays during construction shall be limited to 7:00AM to
5:00PM Monday through Friday. All other construction activities are permitted 7:00AM
to 7:00PM Monday through Friday and 7:00AM to 5:00PM on Saturday. No construction
activities are permitted on Sundays.
9.The location of inverters serving the solar project shall be at least 450-feet from all
adjacent residences.
10.Subdivision, for residential development, of Tax Parcels 74-A-3, 74-A-4, 74-A-6C, or of
the area currently constituting the Springdale Glen and Carrollton Estates subdivisions
shall be prohibited during such time as solar power generating equipment is installed on
said parcels.
11.Any expansion or modification of this land use will require the approval of a new CUP.
Following this public hearing, a decision regarding this Conditional Use Permit application by
the Board of Supervisors would be appropriate. The Applicant should be prepared to
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CUP #05-20 Bartonsville Energy Facility, LLC
September 11, 2020
adequately address all concerns raised by the Board of Supervisors.
Any recommendation for approval should also include a statement affirming that the proposed
solar facility is in substantial accord with the Comprehensive Plan.
7563113782
BROOKNEIL DR
152BROOKNEIL DRMIDDLE RD
3475
CUP # 05 - 20: Bartonsville Energy Facility, LLC
190
NEIL DR
3862
3735
MIDDLE RD
217
242
NEIL DR
MIDDLE RD
171MIDDLE RD
LOY CIR
395
RUBINETTE WAY
PINs: 74 - A - 3, 74 - A - 4, 74 - A - 6C, 74 - A - 20, 74 - A - 21, 74 - A - 35A, 74 - A - 44, 74 - A - 44A, 74 - A - 45,
275
OLD
LICKSKILLET LN
278
SOLDIERS
MIDDLE RD
4032
74 - 5 - 1 thru 74 - 5 - 52, 74 - 7 - 1 - 1 thru 74 - 7 - 1 - 6, and 74 - 7 - 2 - 7 thru 74 - 7 - 2 - 12
RUBINETTE WAY
REST LN
243
MIDDLE RD
480
4338
SOLDIERS
Utility Scale Solar Facility
SHADY
MIDDLE RD
REST LN
ELM RD
540
344
452
Zoning Map
229
4063
BARLEY LN
140
RUBINETTE
BARLEY LN
SOLDIERS
MIDDLE RD
LICKSKILLET LN
WAY
510
REST LN
4101
46344536
BARLEY LN
4275
4668
370MIDDLE RD
MIDDLE RDMIDDLE RD
779
MIDDLE RD
MIDDLE RD561
690
BARLEY LN
RLEY LN
SHADY ELM
SHADY
4750
4253
553
ELM RD
194
MIDDLE RD4701
190
MIDDLE RD
SHADY
BARLEY LN
MIDDLE RD
110
HOCKMAN CT
ELM RD
158
BARLEY LN
CUP #05-20
CUP #05-20
4661
BARLEY LN
5030
MIDDLE RD
74 A 4
MIDDLE RD
196
74 A 3
831
180
GERMANY RD
SHADY
SKYJES LN
4555
4929203
ELM RD
MIDDLE RD
MIDDLE RDGERMANY RD
834
161
5005
4118
1786
SHADY
SKYJES LN
MIDDLE RD
VALLE
SPRINGDALE RD
ELM RD
1662
PIKE
970
5019
SPRINGDALE RD
983
SHADY
MIDDLE RD
224
1043
5236
SHADY
327
ELM RD
SPRINGDAL
SHADY
950
MIDDLE RD5141
ELM RD
GERMANY RD
ELM RD
CUP #05-20
CARTERS LN
MIDDLE RD
CUP #05-20
1711
14
74 A 6C
385
5153
SPRINGDALE RD
SPRINGD
507
SPRINGDALE RD
MIDDLE RD
634
117
SPRINGDALE RD
SPRINGDALE RD
484
1056
SPRINGD
171
579
GERMANY RD
341
CARTERS LN
LAUREL
SPRINGDALE RD
950
UREL
4330
CUP #05-20
GROVE RD
371
CARTERS LN
OVE RD
VALLEY P
5320SPRINGDALE DR
199
976
839
596
MIDDLE RD561
LAUREL
SPRINGDALE RD
1216
SPRINGDALE RD
GERMANY RD
GERMANY RD
GROVE RD
4506
452
SPRINGDALE RD
668
842
VALLEY
DLE RD
GERMANY RD
452
CARTERS LN
PIKE
662
4560
225
5455
600
VAL
PASSAGE LN
VALLEY4548
701
SERVICEBERRY CT
MIDDLE RD
DLE RD
PIK
5533
CUP #05-20
4656
PIKE
VALLEY
GERMANY RD
1037
MIDDLE RD4541
766VALLEY
PIKE
743
SPRINGDALE RD
VALLE
5585
PIKE
GERMANY RD
9112
CARTERS LN
PIKE
MIDDLE RD
784
310
GERMANY RD
CARTERS LN
5621
6995100
CUP #05-20
289
MIDDLE RD
860
DLE RDPASSAGE LN
4724
CARTERS LN
£
GERMANY RD
¤
74 A 45
VALLEY
11
4737
1030
74 A 44A
258
229
1682
PIKE
VALLEY
LIME KILN RD
CUP #05-20
CARTERS LN
CARTERS LN
231
RLBORO RD
4832
199PIKE
173
OAK HILL DR
VALLEY
BRACKENFERN LN
62
1156 CUP #05-20
CARTERS LN
173
4975
PIKE
820
AYLO
1009MARLBORO RD
125
OAK HILL DR
MAIN ST
74 A 44
5095
MARLBORO RD
GERMANY RD
CARTERS LN
1086
SQUIRREL LN
700
736
868
GERMANY RD
AYLOR
123
ORO RD
MARLBORO RD CUP #05-20
1512
§
INEZ LN967¨¦
MARLBORO RD
81
24274 A 35A
1677
MARLBORO RD
INEZ LN
RLBORO RD
1541
641
MARLBORO RD
MARLBORO RD
1687
1381
184116
LBORO RD
MARLBORO RD
HITES RDCORA LN
CUP #05-20
969
820
131
74 A 21
120
1215
MARLBORO RD
MARLBORO RD
POMME
POMME
MARLBORO RD
CIR
CIR
CUP #05-20
1211
MARLBORO RD
1213
74 A 20
MARLBORO RD
131
CHANTERELLE CT
345
181
ESTEP RD
¬¬
««
CHANTERELLE CT
FAIRFAX
37
277
PIKE
560
458
¬
«
5498
37
HITES RD Stephens City
TES RD365
VALLEY
CARSON LN
564
PIKE
846
HITES RD197
Application
5698
STRODE
CARSON LN
VALLEY
Sewer and Water Service Area
MCLEOD LN
5658
PIKE
685
Parcels
VALLEY
700
704
HITES RD
PIKE
365¬
«
B1 (Neighborhood Business District)
§
¨¦
VAUCLUSE RD
277
TES RD
FAMILY DR
81¬
«
B2 (General Business District)
277
5782
320
EM (Extractive Manufacturing District)
332
VALLEY
29
472
388150
CONESTOGA LN
TOWN
PIKE
LUSERD
M1 (Light Industrial District)EWINGSLN
µ
RP (Residential Performance District)
Agricultural & Forestal Districts
South Frederick District
Frederick County Planning & Development
107 N Kent St
Winchester, VA 22601
540 - 665 - 5651
01,5503,1006,200Feet
Map Created: June 12, 2020
7563113782
BROOKNEIL DR
152BROOKNEIL DRMIDDLE RD
3475
CUP # 05 - 20: Bartonsville Energy Facility, LLC
190
NEIL DR
3862
3735
MIDDLE RD
217
242
NEIL DR
MIDDLE RD
171MIDDLE RD
LOY CIR
395
RUBINETTE WAY
PINs: 74 - A - 3, 74 - A - 4, 74 - A - 6C, 74 - A - 20, 74 - A - 21, 74 - A - 35A, 74 - A - 44, 74 - A - 44A, 74 - A - 45,
275
OLD
LICKSKILLET LN
278
SOLDIERS
MIDDLE RD
4032
74 - 5 - 1 thru 74 - 5 - 52, 74 - 7 - 1 - 1 thru 74 - 7 - 1 - 6, and 74 - 7 - 2 - 7 thru 74 - 7 - 2 - 12
RUBINETTE WAY
REST LN
243
MIDDLE RD
480
4338
SOLDIERS
Utility Scale Solar Facility
SHADY
MIDDLE RD
REST LN
ELM RD
540
344
452
Location Map
229
4063
BARLEY LN
140
RUBINETTE
BARLEY LN
SOLDIERS
MIDDLE RD
LICKSKILLET LN
WAY
510
REST LN
4101
46344536
BARLEY LN
4275
4668
370MIDDLE RD
MIDDLE RDMIDDLE RD
779
MIDDLE RD
MIDDLE RD561
690
BARLEY LN
RLEY LN
SHADY ELM
SHADY
4750
4253
553
ELM RD
194
MIDDLE RD4701
190
MIDDLE RD
SHADY
BARLEY LN
MIDDLE RD
110
HOCKMAN CT
ELM RD
158
BARLEY LN
CUP #05-20
CUP #05-20
4661
BARLEY LN
5030
MIDDLE RD
74 A 4
MIDDLE RD
196
74 A 3
831
180
GERMANY RD
SHADY
SKYJES LN
4555
4929203
ELM RD
MIDDLE RD
MIDDLE RDGERMANY RD
834
161
5005
4118
1786
SHADY
SKYJES LN
MIDDLE RD
VALLE
SPRINGDALE RD
ELM RD
1662
PIKE
970
5019
SPRINGDALE RD
983
SHADY
MIDDLE RD
224
1043
5236
SHADY
327
ELM RD
SPRINGDAL
SHADY
950
MIDDLE RD5141
ELM RD
GERMANY RD
ELM RD
CUP #05-20
CARTERS LN
MIDDLE RD
CUP #05-20
1711
14
74 A 6C
385
5153
SPRINGDALE RD
SPRINGD
507
SPRINGDALE RD
MIDDLE RD
634
117
SPRINGDALE RD
SPRINGDALE RD
484
1056
SPRINGD
171
579
GERMANY RD
341
CARTERS LN
LAUREL
SPRINGDALE RD
950
UREL
4330
CUP #05-20
GROVE RD
371
CARTERS LN
OVE RD
VALLEY P
5320SPRINGDALE DR
199
976
839
596
MIDDLE RD561
LAUREL
SPRINGDALE RD
1216
SPRINGDALE RD
GERMANY RD
GERMANY RD
GROVE RD
4506
452
SPRINGDALE RD
668
842
VALLEY
DLE RD
GERMANY RD
452
CARTERS LN
PIKE
662
4560
225
5455
600
VAL
PASSAGE LN
VALLEY4548
701
SERVICEBERRY CT
MIDDLE RD
DLE RD
PIK
5533
CUP #05-20
4656
PIKE
VALLEY
GERMANY RD
1037
MIDDLE RD4541
766VALLEY
PIKE
743
SPRINGDALE RD
VALLE
5585
PIKE
GERMANY RD
9112
CARTERS LN
PIKE
MIDDLE RD
784
310
GERMANY RD
CARTERS LN
5621
6995100
CUP #05-20
289
MIDDLE RD
860
DLE RDPASSAGE LN
4724
CARTERS LN
£
GERMANY RD
¤
74 A 45
VALLEY
11
4737
1030
74 A 44A
258
229
1682
PIKE
VALLEY
LIME KILN RD
CUP #05-20
CARTERS LN
CARTERS LN
231
RLBORO RD
4832
199PIKE
173
OAK HILL DR
VALLEY
BRACKENFERN LN
62
1156 CUP #05-20
CARTERS LN
173
4975
PIKE
820
AYLO
1009MARLBORO RD
125
OAK HILL DR
MAIN ST
74 A 44
5095
MARLBORO RD
GERMANY RD
CARTERS LN
1086
SQUIRREL LN
700
736
868
GERMANY RD
AYLOR
123
ORO RD
MARLBORO RD CUP #05-20
1512
§
INEZ LN967¨¦
MARLBORO RD
81
24274 A 35A
1677
MARLBORO RD
INEZ LN
RLBORO RD
1541
641
MARLBORO RD
MARLBORO RD
1687
1381
184116
LBORO RD
MARLBORO RD
HITES RDCORA LN
CUP #05-20
969
820
131
74 A 21
120
1215
MARLBORO RD
MARLBORO RD
POMME
POMME
MARLBORO RD
CIR
CIR
CUP #05-20
1211
MARLBORO RD
1213
74 A 20
MARLBORO RD
131
CHANTERELLE CT
345
181
ESTEP RD
¬¬
««
CHANTERELLE CT
FAIRFAX
37
277
PIKE
560
458
¬
«
5498
37
HITES RD Stephens City
TES RD365
VALLEY
CARSON LN
564
PIKE
846
HITES RD197
5698
STRODE
CARSON LN
VALLEY
MCLEOD LN
5658
PIKE
685
VALLEY
700
704
HITES RD
PIKE
365¬
«
§
¨¦
VAUCLUSE RD
277
TES RD
FAMILY DR
81¬
«
277
5782
320
332
VALLEY
29
472
388150
CONESTOGA LN
TOWN
PIKE
LUSERD
EWINGSLN
µ
Application
Sewer and Water Service Area
Parcels
Frederick County Planning & Development
107 N Kent St
Winchester, VA 22601
540 - 665 - 5651
01,5503,1006,200Feet
Map Created: June 12, 2020
Submittal Deadline
P/C Meeting
BOS Meeting
APPLICATION FOR CONDITIONAL USE PERMIT
FREDERICK COUNTY, VIRGINIA
䢿
1. Applicant (check one): Property Owner _ _ Other _
________
NAME:
Bartonsville Energy Facility, LLC Attn:Sam Gulland
ADDRESS:
230 Court Square, Suite B102, Charlottesville, VA 22902
TELEPHONE: _
(703) 999 - 4280
2.Please list all owners, occupants, or parties in interest of the property:
Louis C. Carbaugh et. als; Joseph Carbaugh; Robert R. Staples; Stephen Dubois Brim, et als; Judith B. Cates,
Eleanor K. Brim
R&T Packing Corporation, APR Mini Storage LLC, William C. Staples
3.The property is located at: (please give exact directions and include the route number of
your road or street)
Along Passage Road and Springdale Road, west of CSX rail corridor, in Frederick County and Stephens City.
4.The property has a road frontage offeet and a depth of feet and
consists of acres.
Refer to Concept Plan for road frontages and property depths.
5.The property is owned by as
evidenced by deed from(previous owner) recorded in deed book no.
on page , as recorded in the records of the Clerk of the
Circuit Court, County of Frederick.
See Attachment 1.
6.Property Identification Number (P.I.N.)
74-A-45, 74-A-44A, 74-A-4, 74-A-6C, all lots in Springdale
5
Glen/Carrolton Estates
Magisterial District
Back Creek and Opequon District
Current Zoning
RA
RA
Ref
6
7. Adjoining Property:
Refer to Sheet 2 of Concept Plan.
8. The type of use proposed is (consult with the Planning Dept. before completing):
Utility-scale solar photovoltaic facility
9. It is proposed that the following buildings will beconstructed:
Grounded-mounted PV solar energy generation facilities and
interconnection facilities.
10. The following are all of the individuals, firms, or corporations owning property
adjacent to both sides and rear and in front of (across street from) the property where
the requested use will be conducted. (Continue on back if necessary.) These people
will be notified by mail of this application:
Refer to Sheet 2 of the Concept Plan.
7
11. Please use this page for your sketch ofthe property. Show proposed and/or existing
structures on the property, including measurements to all property lines.
Refer to Sheet 3 and Sheet 4 of the Concept Plan.
8
Attachment 1: Property Owners
Parcel Owner Record/Instrument #
74-A-45 Robert R. Staples Will Bk/Pg
112 / 111
74-A-44A Louis C. Carbaugh, Et Als 190013725
74-A-4 R&T Packing Corporation Deed Bk/Pg
543 / 543
74-A-6C Eleanor K. Brim 040023461
Lots 1 12, Springdale Glen Stephen D. Brim, Judith B. 100003803
Cates
Lots 1 52, Carrollton Estates Stephen D. Brim, Et Als 100012733
74-A-44 Joseph Carbaugh 080003967
74-A-35A APR Mini Storage LLC 050017541
74-A-20 William Staples Deed Bk/Pg
844 / 1067
74-A-3 West Oaks Farm Market 150007227
LLC
74-A-21 Wright Renovations, Inc. 190001950
Bartonsville Energy Facility
Application Narrative and Statement of Intent
for
Conditional Use Permit (CUP)
August 7, 2020
230 Court Square Suite B102, Charlottesville, VA 22902
Table of Contents
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2
1. Executive Summary
Bartonsville
Conditional C
as described in this Application. The Project is proposed on the
parcels identified by Frederick County as Tax Map IDs 74-A-45, 74-A-44A, 74-A-3, 74-A-4, 74-A-6C,
as well as lots 1 through 12 of the Springdale Glen subdivision and lots 1 through 52 of the Carrollton
Estates subdivision. The Project area includes parcels that total 1,160.5 . A
maximum of 690 acres will be used for solar modules, and a maximum of 705 acres will be disturbed.
The majority of the site is located in the Back Creek Magisterial District in Frederick County and a
portion is in the Opequon Magisterial District in Stephens City.
The Project has been sited and proposed with the following considerations:
The Project location was selected for its proximity to existing transmission facilities and minimal
visual impact to existing residential areas.
The Project will vacate two large subdivisions on agricultural land. This will maintain the
ch rural landscape and settlement pattern.
The Project has been planned and designed to avoid impacts to cultural and environmental
resources.
The Project will provide clean energy that matches the electricity consumption of approximately
15,000 homes in Virginia and will help the Commonwealth meet its goals for the adoption of
clean energy.
The Project will provide personal property and increased real estate taxes to the County over
the course of its life as well as injecting direct economic activity into the County during the
construction and operating periods.
If approved by the Board of Supervisors, the Project will bring economic benefits to Frederick County
with no detrimental effects on the neighboring properties or the County as a whole.
Torch Clean Energy
Torch Clean Energy is developer and owner of renewable energy generation facilities in the United
States with offices in Virginia and Colorado. We have developed solar and wind facilities, including
the Red Horse Project, a 101 solar and wind hybrid project. Torch has over 500MW
of solar under development in the Commonwealth of Virginia, including the Chester Solar Technology
Park in Chesterfield County, which was permitted in September of 2019, and the Jarratt Energy
Facility, which was permitted in March of 2020. To date, Torch has developed and financed over
$600 million of renewable energy projects through the country.
3
2. Description of Property
The Project Property is zoned RA (Frederick County) and R1 (Stephens City) and consists of the
following parcels:
Parcels by Usage and Acreage
Parcel Acreage in Acreage in Zoning Use
Frederick County Stephens City
Used for Solar Generating Equipment
74-A-45 11.00 85.55 R1 Crops
74-A-44A 0.00 40.01 R1 Crops
74-A-3 200.00 0.00 RA Crops/Event
Center
74-A-4 265.41 0.00 RA Crops /
Forested
74-A-6C 3.80 0.00 RA Crops /
Forested
Lots 1 12, inclusive, 53.20 0.00 RA Crops / Orchard
Springdale Glen
Lots 1 52, inclusive, 307.90 0.00 RA Crops / Orchard
Carrollton Estates
Used for Generation-Tie Line and Interconnection Facilities
74-A-44 2.93 6.88 R1 Residence
74-A-35A 18.00 0.00 RA Crops
74-A-20 162.0 0.00 RA Crops
74-A-21 0 3.52 R1 Vacant
The Carrollton Estates subdivision contains 52 parcels and the Springdale Glen subdivision contains
12 parcels. Prior to the approval of the Site Plan, each of these subdivisions will be vacated.
As noted and highlighted above, Parcels 74-A-44A, 74-A-44, 74-A-45, and 74-A-21 contain a total of
135.96 acres in Stephens City. These properties are subject to the regulations of the Town, and the
Project will receive separate approvals for the use of this land. The entirety of the Project is shown in
this application for clarity.
The Property is located approximately 1.2 miles west of I-81 and Stephens City, and comprises
agricultural fields, orchards, and forest stands. The surrounding properties are primarily rural
residences, farmland, and forested areas. An existing FirstEnergy 138 kV transmission line runs less
than one mile to the east of the Project site, adjacent to the railroad corridor and industrial district
flanking Stephens City. This transmission line runs between the Bartonville and Meadowbrook
substations.
4
Article IV of the Frederick County Zoning Ordinance permits utility-scale solar facilities in the RA
district with a CUP. The Applicant requests a CUP to allow the construction and operation of the
Project on the Property.
3. Project Overview
Facility Summary
The Bartonsville Energy Facility will produce over 180,000 megawatt-hours of clean energy in its first
year of operation, which represents the energy consumption of approximately 15,000 homes. The
Project will generate electricity from photovoltaic solar modules that will be attached to a racking
supported by driven posts. Single-axis trackers will be used to follow the sun from East to West and
increase the efficiency of the Project. A series of central inverters will be used to convert the electricity
from direct current to alternating current. The Project will interconnect to a FirstEnergy 138-kilovolt
transmission line adjacent to the CSX railroad corridor. The Project substation and switching station
will be built on parcels 74-A-20 and 74-A-21, and will be linked to the Project site via a 34.5kV
distribution voltage Generation-Tie line that will run along an easement corridor crossing parcels 74-
A-20, 74-A-35A, and 74-A-44. This Generation-Tie line will be underground. No new transmission-
voltage lines will be built for the Project.
The Project will not use grid-scale energy storage. Batteries will not be used, except for small backup
batteries for the solar tracker motors, substation, and associated equipment.
Exhibit B
The Project will be developed generally as depicted on , the Concept Plan, as included with
this Application. The Concept Plan provides a map of the solar array area, the proposed point of
interconnection with the transmission system, vegetative buffer zones, perimeter fencing, access
points, and other features of the Project.
As shown on the Concept Plan, three points of access are proposed, two of which will be from
Springdale Road (Route 649). An entrance to the northern section of the Project will be located
approximately 0.75 miles east of the intersection with Germany Road (Route 625), and an entrance
to the southern portion will follow Carrollton Lane. A third, southeastern access will be on Passage
Road (Route 648), approximately 0.3 miles from the intersection with Marlboro Road.
Construction Schedule
The construction of the Project is estimated to take approximately 12 months to achieve substantial
completion. The first phase of the Project will be civil works, such as area-specific grading, in order
to prepare for the installation of the solar equipment. The second phase will consist of the mechanical
and electrical installation of the solar equipment. The final phase is the testing of the facility and the
energization.
Phase 1 Site Preparation and Civil Work: 3-6 Months
Phase 2 - Mechanical and Electrical Installation: 4-6 Months
5
Phase 3 Facility Testing and Energization: 3 Months
Overlap between the first two phases is expected, subject to the final construction schedule.
Additionally, construction of the interconnection facilities by FirstEnergy will span all three phases of
construction.
Compliance with County Regulation
The Applicant completed a Pre-Application meeting with Frederick County Planning and has gathered
and addressed feedback from required County agencies. The Applicant conferred with the County
Historic Resources Advisory Board to discuss historical and cultural resources in the County.
Additional CUP materials have been compiled according to the County Zoning Ordinance and
Planning process guidelines.
Coordination with Stephens City
The Applicant is working concurrently with Stephens City to permit the portion of the Project that
falls within the Town. This Application requests a CUP for the County portion of the Project but
shows the entirety of the Project for clarity.
4. Analysis of Impacts
Pursuant to Chapter 165, Part 103 of the Zoning Ordinance, a CUP may be granted where the Board
of Supervisors finds that (i) the proposed use is in accordance with the policies expressed in the
Comprehensive Plan of the County, and (ii) the proposed use is in harmony and shall not adversely
affect the use and enjoyment of surrounding properties (§ 165-103.02).
The Project is supported by the 2035 Comprehensive goals. In particular, the Plan seeks to cluster
residential development in appropriate locations and support the agricultural economy and allow
residents to harness new opportunities. The Project will vacate two large subdivisions in the
Agricultural district and allow residents to harness a new technology that constitutes a safe, passive,
and temporary use of the land.
In accordance with the criteria set forth in the Zoning Ordinance for CUP approval, the proposed
Project will not adversely affect the health, safety, or welfare of persons residing or working in the
neighborhood of the proposed use and will not be detrimental to public welfare or injurious to the
Property or improvements in the neighborhood. As a passive use located in a Rural district, the Project
will not be detrimental to, or substantively change, the character of the surrounding area.
The proposed Project will not cause any increase in demand for County services. It will have minimal
impacts on drainage and erosion and will not require the use of local water or sewer utilities. Erosion
and sediment controls and permanent stormwater management facilities will be provided as part of
the Project to the extent required by applicable laws. The Project will not significantly increase traffic
6
in the area, and no public road improvements will be required for the construction or servicing of the
Project.
The effects of the Project are evaluated as follows:
Visual
Along the perimeter of the Property, a setback from the Property line to solar generating equipment
shall be used. Within this setback, a buffer consisting of new and/or existing vegetation will be used
Exhibit B
to screen the Project, as outlined below and shown in . The setback from external roads
and property lines will generally be 100 feet, with the fence installed between 75 and 100 feet from
the property lines. These setbacks shall not apply to the undergound Generation Tie-Line or the
interconnection facilities.
The most traveled routes near the Project are Middle Road, to the north, and Marlboro road, to the
south. The Project has no frontage on either of these routes, except for the underground distribution
voltage Generation-Tie line crossing occurring near the intersection of Marlboro Road and Passage
Lane. The Project has approximately 0.25 miles of frontage along Passage Road and 0.85 miles of
frontage along Springdale Road.
The Landscaping Plan will minimize visual impacts to surrounding properties and rights-of-way by
maintaining and enhancing existing tree lines and vegetative buffers, while providing for new plantings
in targeted areas. Specifically, the Project will do the following:
Maintain existing tree lines along western and southern boundaries of the Carrollton Estates
and Springdale Glen property;
Use existing topography to ensure that the Project is not visible from Middle Road;
Plant new vegetative buffers on the southern side of parcel 74-A-45, along Springdale Road;
and along a property line to the north of Springdale Road.
Exhibit B
This plan is depicted in .
Ecological and Drainage
Wetlands will be delineated and avoided in the construction of the Project. Additionally, the Project
will complete thorough consultation with the Department of Environmental Quality as part of the
The Project will submit Erosion and Sediment Control and Stormwater Management plans prior to the
issuance of the building permit when the design is nearly complete. Because the racking system uses
driven posts for structural support, changes to the impervious surface will be limited to inverter and
transformer pads, access roads, and interconnection equipment. These uses constitute a small
percentage of the total project area. The Project will be designed to minimize stormwater impacts and
accommodate existing topography to the extent possible.
7
Cultural Resources
The Project has undergone an archeological and architectural study in accordance with County
regulations and will not directly impact any identified landmarks. Cultural and historical resources in
Exhibit C
the vicinity of the Project are described in . Additionally, the Project will require concurrence
energy facilities.
Noise
Once operational, the Project will not be audible to adjacent landowners. Construction activities will
generally be limited to daylight hours, with pile driving work scheduled for daylight hours between
Monday and Saturday.
Traffic
General construction traffic will use the Proj
construction traffic consists of personal vehicles (e.g. pickup trucks) carrying passengers, tools, and
minor equipment to and around the Project site. Due to the proximity of the Project to I-81 and the
existing road network, there will be little impact to current traffic.
Component deliveries (e.g. solar panels, inverters, concrete trucks, construction equipment, etc.)
will primarily access the site from I-81, Marlboro Road, and Passage Road. The laydown area for
solar array deliveries will be on Parcel 74-A-44A. A separate laydown area for the Project
Interconnection will be on Parcels 74-A-20 and 74-A-21, which will be accessed from Marlboro
Road.
Operations and Maintenance for the Project will not measurably increase vehicular traffic.
Lighting
Except for minimal safety and security lighting in a few locations, the Project will not be lit. Any
installed lighting will comply with applicable County ordinances.
Odors, Dust, Fumes, Vibrations
The Project will not generate air emissions. Once operational, no odors, trash, or recycled materials
will be produced. No fuel or fuel storage and no outside storage will be needed on the Project after
construction is completed. There will be no impact on water or air quality.
Fire Safety / Security
The Project will not pose increased security or safety risks or fire hazards. Once the Project is
constructed, a permanent perimeter/boundary fence will enclose the solar panels. The fence will have
aminimum height of six (6) feet. The fence will be posted with security signage along with contact
information for a 24-hour manned communication system.
The three site entrances and internal road network will provide access to every part of the Project.
8
The Project will be monitored remotely on a 24/7 basis. The Operations Team will have the ability to
remotely de-energize the Project if necessary and immediately contact and coordinate with the
appropriate local fire and EMS personnel. Training will be provided to local fire and EMS on
FirstEnergy emergency procedures and notification in case of emergency.
Community Outreach
During the last nine months, the Applicant has met with landowners in the vicinity of the Project site,
Conceptual Plan, particularly with respect to the buffer planting and use of existing topography to
screen the Project from view.
5. Decommissioning
The Code of the Commonwealth of Virginia requires the owner, lessee, or developer of a solar project
to enter into a written agreement to decommission the project prior to the issuance of a site plan. To
Exhibit D,
support this application, the Applicant has provided the Preliminary Decommissioning
Plan.
Prior to the issuance of the Site Plan, a Decommissioning Cost Estimate and means of financial
Exhibit D
security will be provided in accordance with and Virginia Code.
9
Bartonsville Energy Facility
Exhibit D: Preliminary Decommissioning Plan
May 2020
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2
1. Introduction
Article 6 of Chapter 22 of the Code of Virginia (§ 15.2-2241.2) requires that the owner, lessee, or
developer of real property for a solar project enter into a written agreement to decommission the
project prior to the approval of the Site Plan. Bartonsvil
the approval of the Site Plan and shall be binding on each successor and assignee of the Owner.
The Project is planned on parcels that total 957 acres, with a maximum of 595 disturbed acres. The
majority of the site is located in the Back Creek Magisterial District in Frederick County and a portion
is in the Opequon Magisterial District in Stephens City. The Project will interconnect to the FirstEnergy
138kV Bartonsville-Meadowbrook transmission line.
The Project is expected to operate for a minimum of 30 years, based on the useful life of the
equipment and the warrantees that guarantee that equipment. The Plan describes the approach for
removal of the Project and land restoration activities. These measures shall be taken upon the end
of the useful life of the Project, or if the Project or any portion thereof ceases to perform its intended
function for more than twelve (12) consecutive months.
2. Decommissioning of Solar Facility
The Owner shall arrange for and be responsible for the decommissioning of the Project, including the
following:
Equipment Dismantling and Removal
including glass
semiconductor material, steel, and wiring. When the projectreaches the end of its operational life,
reusable and recyclable parts will bedismantled, removed from the site, and transported to reuse or
recyclingfacilities. All waste resulting from the decommissioning of the facility will betransported by
a certified and licensed contractor and taken to a landfill facility.
Above-ground Structure Decommissioning
Solar Panel Arrays and Project Substation:
De-energize and disconnect the Project from the utility power grid;
Disconnect all above ground wirings, cables, fuses and electrical and protection
components and reuse or recycle offsite by an approved facility;
Remove concrete foundations of inverter and transformer pads
Remove PV modules and metallic structures and ship to reuse or recycling facilities
for aftermarket use or recycling and material reuse;
3
Remove all waste;
Remove the perimeter fence and recycle offsite by an approved metal recycler.
Remove inverters, transformers, meters, fans, lighting fixture and other electrical
components and recycle offsite by an approved recycler;
Access Roads:
Consult with landowner (if applicable) to determine if any access roads should be
left in place for their continued use.
If access road is deemed unnecessary, remove access road, and restore access
road location as practicable to its previous condition with native soils and seeding.
Below-ground Structure Decommissioning
Disconnect all underground cables and transmission lines and remove and recycle
offsite by an approved recycling facility;
Remove all PV panel racking below and above ground, including the steel pile
foundations
This Plan is based on current best industry practices and procedures. These practices
may be subject to revision based on the development of new and improved
decommissioning practices in the future.
Site Restoration
The Owner will develop a comprehensive restoration plan designed to restore the site so it can be
returned to its previous use. Restoration will include the following:
Redistribution of topsoil, if necessary, to provide similar ground cover as was present
prior to the site disturbance.
De-compacting of access roads and other areas where soils have been compacted.
Where Project infrastructure has been removed, disturbed areas will be seeded with a quick growing
native species to prevent topsoil erosion. Erosion and control measures will be installed at ditches
and will be left in place until ground cover is fully established.
Watercourses
Within the project location there are no water bodies (i.e., permanent watercourses,
intermittent watercourses, seepage areas or lakes). As no water bodies are present and the
renewable energy facility does not release emissions which could pollute the air and water
bodies, no impact to aquatic environment is expected. As a result, no restoration of water
bodies, either during construction or decommissioning is planned.
4
Agricultural Lands
Once all Project facilities are removed, agricultural and silvicultural lands compacted during
project operation (such as access roads) will be de-compacted via tilling, plowing or subsoiling
and affected areas will be seeded with native grass species.
Similar to the construction phase, soil erosion and sedimentation control measures will be re
!
implemented during the decommissioning period and until the site is stabilized in order to
mitigate erosion and silt/sediment runoff.
Access roads will be left at landowner's requests or graded to restore terrain profiles (to the
extent practicable) and vegetated. If removed, filter fabric will be bundled and disposed of in
accordance with all applicable regulations. As necessary, these areas will be backfilled and
restored to meet existing grade. This material may come from existing longterm berm or
stockpile.
Managing Excess Materials and Waste
During the decommissioning phase, waste materials will be removed in accordance with applicable
local regulations. It is the goal of the Owner to reuse and recycle materials to the extent practicable
and to work with local subcontractors and waste firms to segregate material to be recycled. As an
example, it is anticipated that nearly 100% of the above grade metal is salvageable based on current
industry practices and trends.
Many components of the Project are reusable or recyclable and have salvage value. The Owner will
manage decommissioning to minimize, to the extent practicable, the volume of project components
Table 1
and materials discarded as waste. below outlines the anticipated disposition methods of the
different project components.
Table 1
Anticipated Project Decommissioning Disposition Methods
Concrete Foundations Crush and recycle
Solar Panels Reuse or recycle
Metal racks and mounts Salvage/recycle
Steel piles and rack foundations Salvage/recycle
Wiring and cabling Recycle/salvage
Inverters, transformers, and breakers Salvage/recycle/reuse
Granular material Reuse/dispose
Fence steel Salvage/recycle
Project Substation Controls Dispose/reuse
5
Major pieces of equipment such as transformers and breakers are recyclable and reusable and will
have significant market value. The solar panels are expected to retain over 80% of their generation
capability after 30 years of operation and the potential for re-use is high. Existing solar panel
manufacturers have programs to buy and salvage panels. These programs extract the raw materials
in the panels to make new panels at a significant discount from new material costs. Recycled
materials include the semiconductor and glass. Other components such as electrical cable have a
high salvage-market value due to their copper and aluminum content. The same is true for the steel
and aluminum racks and foundations that support the solar panels.
3. Provision of Decommissioning Cost Estimate
Prior to site plan approval for installation of the Project, the Owner shall provide a Decommissioning
Cost Estimate, as determined by a Virginia Licensed Engineer. The Decommissioning Cost Estimate
shall be the gross estimated cost of performing the Decommissioning and associated administrative
costs, minus 90% of the estimated resale and salvage value of Project equipment. The Estimate will
th
be updated every fifth (5) year throughout the life of the project.
4. Provision of Financial Security
Pursuant to Article 6 of Chapter 22 of the Code of Virginia and County regulation, the Owner shall
-2241.2) for removal of the Facility, amounting to the Decommissioning Cost
Estimate as determined. Financial security shall be provided prior to the commencement of
Commercial Operations. If the Facility is owned by a public utility company or an independent power
security shall be required.
6
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
June 18, 2020
Evan Wyatt
Greenway Engineering
151 Windy Hill Ln
Winchester, Virginia 22602
RE: Request for Historic Resources Advisory Board (HRAB) Comments
Conditional Use Permit the Bartonsville Energy Facility Utility Scale Solar Project
Zoning: RA (Rural Areas) District
Magisterial District: Back Creek
Dear Mr. Wyatt:
The Frederick County Historic Resources Advisory Board (HRAB) considered the above referenced
Conditional Use Permit application during their meeting on June 16, 2020. The HRAB reviewed
information from the Virginia Department of Historic Resources (VDHR) and information
provided by the Applicant. This application seeks to construct a utility scale solar project located
on 68 The project will consist of rows of ground-mounted
parcels of land that total 957 acres.
photovoltaic modules, commonly known as solar panels. The site is located along Passage Road
and Springdale Road, west of the CSX corridor and the Town of Stephens City.
Historic Resources Advisory Board Comments:
The following historic resources are located on the subject site:
#034-1078 Cherry Dale (Mary Stephens House) located on site 74-A-20
Eligible for listing in the National Register of Historic Places (NRHP)
Survey Area 2 has a structure (labeled building 1) that is not mapped.
Building 1 is located in the southern portion of the APE and consists of a series of
o
collapsed buildings. Investigators did identify a potential residence, barn, and
several collapsed outbuildings. The property is in the relative mapped location of
the building attributed to R. R. Turner on the 1885 atlas (see Figure 13). No
evidence of the adjacent building depicted on the early twentieth century
quadrangles was noted during the reconnaissance. (Phase 1A survey - see page
22 for text and appendix C for photograph).
The following historic resources are located adjacent or within the vicinity of the subject
107 North Kent Street, Suite 202 Winchester, Virginia 22601-5000
Historic Resources Advisory Board
CUP Comments Bartonsville Energy Facility
June 18, 2020
Page 2
#034-0071 Rice Robinson House
#034-0083 - Carter Hall
Eligible for listing in the NRHP
Located adjacent to the area of potential affect (APE)
#034-1044 Willow Grove
Located adjacent to the area of potential affect (APE)
#034-0007 Kernstown Battlefield
Eligible for listing in the NRHP
After reviewing the information provided, the Historic Resources Advisory Board (HRAB)
recommended approval of the CUP with the following comments:
The buffers around the historic resources should contain a mixture of evergreen plant
species to ensure a natural appearing vegetative buffer.
An enhanced buffer along Carter Hall should be provided; similar to the buffer
surrounding the proposed substation.
A Phase 1 Archeological Survey will be completed as part of the permitting of this
project. This survey should document the collection of historic structures on and
around this development.
This survey should determine if the structures onsite (Building 1 and
o
associated structures within survey area 2) are potentially significant.
This survey should determine if this area would qualify as a rural historic
o
district.
Thank you for the chance to comment on this application. Please call if you have any
questions or concerns.
Sincerely,
Candice E. Perkins, AICP, CZA,
Assistant Director
CEP/pd
cc: Chris Oldman, HRBA Chairman,
Tyler Klein