HomeMy WebLinkAboutPC 03-02-22 Meeting Agenda1.Call to Order
2.Adoption of Agenda – Pursuant to established procedures, the Planning Commission
should adopt the Agenda for the meeting.
3.Committee Reports
4.Citizen Comments
5.Public Hearings
5.A.Conditional Use Permit #02-22 for Redbud Run Solar, LLC - (Mr. Klein)
Submitted to construct an approximately 263-acre +/- utility scale solar power
generating facility. The subject properties are generally located east of Woods Mill
Road (Rt. 660) and north of Pine Road (Rt. 661), approximately 0.5-mile north of
Berryville Pike (Rt. 7) and are identified with Property Identification Numbers (PINs) 55-
A-136, 55-A-137, 55A-1-19, 55A-1-21, 55-A-135, 55-A-134, 44-A-297, 44-A-294A, and
44-A-295 in the Stonewall Magisterial District. Pursuant to Code of Virginia Section
15.2-2316.6 et seq., a solar facility siting agreement, between Red Bud Run Solar, LLC
and the Frederick County Board of Supervisors is also being considered.
6.Other
6.A.Current Planning Applications
7.Adjourn
AGENDA
PLANNING COMMISSION
WEDNESDAY, MARCH 2, 2022
7:00 PM
THE BOARD ROOM
FREDERICK COUNTY ADMINISTRATION BUILDING
WINCHESTER, VIRGINIA
PC03-02-22CUP02-22_Redacted.pdf
1
Planning Commission
Agenda Item Detail
Meeting Date: March 2, 2022
Agenda Section: Public Hearings
Title: Conditional Use Permit #02-22 for Redbud Run Solar, LLC - (Mr. Klein)
Attachments:
PC03-02-22CUP02-22_Redacted.pdf
2
CONDITIONAL USE PERMIT #02-22
Redbud Run Solar, LLC
Staff Report for the Planning Commission
Prepared: February 16, 2022
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: 03/02/22 Pending
Board of Supervisors: 04/13/22 Pending
EXECUTIVE SUMMARY:
This is a request for a Conditional Use Permit (CUP) to enable construction of an approximately 263-
acre +/- utility scale solar power generating facility on RA (Rural Areas) Zoned property in the
Stonewall Magisterial District.
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 Fredrick
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 addit ional 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 January 18, 2022.
3. Pursuant to Code of Virginia §15.2-2241.2(B), the owner shall comply with the Decommissioning
Plan, included with the CUP application, prepared by Oriden, and shall update the
Decommissioning Plan every five (5) years.
4. At the time the project commences construction, the owner will make a $10,000 lump sum
payment to the County. Further, at the time the project achieves commercial operation, the owner
shall make a payment of $500 per Megawatt AC per year, with an annual escalator of 1.5%, to
the County. These conditions shall be memorialized in a solar siting agreement with Frederick
County, attached as Exhibit A of these Conditions, pursuant to Code of Virginia Section 15.2-
2316.6 et seq.
5. Batteries, for the purposes of mass storage of electricity that will eventually be transferred to
the grid, shall not be used on the properties subject to this CUP.
6. Access to the site shall be limited to three (3) entrances from Woods Mill Road (Route 660),
so to provide one (1) entrance to each solar array land bay. One (1) entrance from Pine Road
3
Page 2
CUP #02-22 – Redbud Run Solar, LLC
February 16, 2022
(Route 661) to be used only during the period of construction shall also per permitted.
Approval of the final site entrance locations from Woods Mill Road is subject to review and
approval by the Virginia Department of Transportation at time of site plan.
7. Pile-driving of poles for solar arrays shall be limited to 8:00 a.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 or federal holidays.
8. Any expansion or modification of this land use will require the approval of a new CUP.
Following this public hearing, it would be appropriate for the Planning Commission to offer a
recommendation concerning this application to 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.
4
Page 3
CUP #02-22 – Redbud Run Solar, LLC
February 16, 2022
LOCATION: The properties are generally located east of Woods Mill Road (Route 660) and north
of Pine Road (Route 661), approximately 0.5-mile north of Berryville Pike (Route 7).
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBERS: 55-A-136, 55-A-137, 55A-1-19, 55A-1-21, 55-A-135, 55-A-134, 44-
A-297, 44-A-294A, and 44-A-295
PROPERTY ZONING & PRESENT USE:
Zoned: RA (Rural Areas)
Land Use: Agricultural, Forestal, Residential* & Vacant
*Existing residential uses on proposed interconnection parcels only.
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RA (Rural Areas) Use: Agricultural/Forestal/Residential
South: RA (Rural Areas) Use: Agricultural/Forestal/Residential
East: RA (Rural Areas) Use: Agricultural/Forestal/ Residential
West: RA (Rural Areas) Use: Agricultural/Forestal/ Residential
PROPOSED USE: This is a request for a Conditional Use Permit (CUP) to enable construction of
an approximately 263-acre +/- utility scale solar power generating facility.
REVIEW EVALUATIONS:
Virginia Department of Transportation:
We have completed our review of the Redbud Solar Glare Study. Based on the information provided
by Pennoni, it is understood there will be no negative glare impacts to the users of the roadways. We
are satisfied with the findings of this report and have no objections to the study. The only
outstanding item to address is the previous comment which follows:
The CUP and supplement identifies multiple entrance locations to serve the facility. Some for
construction and some to be permanent. The supplement provided details on the sight distance for
the proposed locations. You have identified an existing private entrance as “Alternative 1.” The
sight distance profile and your supplement clearly show this entrance not meeting minimum sight
distance requirements for safe access. In accordance with VDOT Access Management Regul ations
(24VAC30-73) VDOT will not permit a commercial entrance without meeting minim um sight
distance requirements. This entrance needs to be removed from the proposal. There are other
locations proposed that meet minimum sight distance requirements and provide safe ingress/ egress
for those coming to the facility as well as the motorist traveling on the roadway.
See comment letter dated February 16, 2022.
5
Page 4
CUP #02-22 – Redbud Run Solar, LLC
February 16, 2022
Frederick County Fire Marshal:
Plans approved by Fire Marshal, Frederick County.
See comment letter dated November 10, 2021.
Frederick County Inspections:
Conditional Use Permit for installation of solar arrays shall be designed per the 2018 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 Virginia Building Code.
Please note the requirements in Chapter 17 of Virginia Building Code for special inspection
requirements on the type of structure (soil, concrete etc.).
See comment letter dated October 9, 2021.
Frederick County Public Works:
We offer following comments: We will need to review comprehensive site plan including
stormwater and erosion and sediment control. A Frederick County Land disturbance will need to be
obtained prior to any site development. The stormwater and erosion and sediment control plans must
comply with County Code Chapter 143 and Virginia Law & Regulations.
See comment letter dated December 15, 2021.
Winchester-Frederick County Health Department:
The proposed project will not require an approved water supply or sewage disposal.
See comment letter dated December 18, 2020.
Historic Resources Advisory Board (HRAB):
The Frederick County Historic Resources Advisory Board (HRAB) considered this Conditional Use
Permit application during their meeting on November 16, 2021. This application seeks to construct a
utility scale solar project located on three parcels of land that total 264 acres. The site is located on the
eastern side of Woods Mill Road (Rt 660), north Pine Road (Rt. 661), approximately 0.5-mile north of
Berryville Pike (Rt. 7) in Winchester.
Following their review of this application, the HRAB recommended approval of the Conditional Use
Permit. The HRAB in their review recommended that the Applicant consider the utilization of methods
such as ground penetrating radar (GPR) or terrestrial light detection and ranging (LiDAR) to document
the present of archeologic objects or sites.
6
Page 5
CUP #02-22 – Redbud Run Solar, LLC
February 16, 2022
See comment letter dated December 3, 2021.
Planning and Zoning:
Proposal, Site Configuration & Interconnection
The application proposes use of nine (9) properties totaling approximately 447-acres +/- of RA
(Rural Areas) Zoning District property, primarily used for agriculture, to generate photovoltaic
(solar) electricity. Approximately 263-acres the subject parcels (three (3) lots – all vacant/agricultural
in use) 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, access
paths, fencing and landscaping. The solar panels will generate up to 30-megawatts (MW) and 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 nearby Redbud-Gaylord overhead
transmission lines. The Impact Analysis Statement notes that interconnection applications were
submitted to PJM Interconnection (“PJM”) and Rappahannock in July 2020 and studies are in
progress. An Interconnection Agreement is expected to be executed for the Project in 2022.
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. The parcels outside for the 263-acres sited
with solar arrays will be used only be used for underground interconnection (as shown on Sheet 3 of
the Concept Plan).
In protecting 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 o f 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. The proposed landscaping is
a 10-foot (FT) wide planting strip (double row of 6-foot-tall evergreen trees) or at least 50-FT of
mature woodlands.
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 only be utilized as
backup for solar tracker motors, substation, and associated equipment.
Site Access & Transportation:
Vehicular access to the site is proposed from Woods Mill Road (Route 660) to each of the project’s
three (3) solar array land bays. A temporary construction entrance is proposed from Pine Road
(Route 661). The proposed entrances are noted on Sheet 3 of the Concept Plan. The final entrance
configuration will be determined at time of site plan review and be subject to VDOT review and
approval.
Additionally, as part of the Virginia Department of Transportation (VDOT) review, a Glare
Assessment Report, was provided to analyze potential impacts of glare from the facility (solar arrays)
to adjoining roadways (Woods Mill Road & Pine Road). The report notes the proposed project
contains favorable topography with existing vegetation that provides natural concealment while
minimizing the nature and extent of viewshed impacts [and] where existing vegetation does not exist
7
Page 6
CUP #02-22 – Redbud Run Solar, LLC
February 16, 2022
or is otherwise insufficient, supplemental landscaping will be planted. Finally, the report concludes
that coupled with the site’s favorable topography, the combination of tree preservation and new
landscape plantings will mitigate potential visual impacts at adjacent roads.
Staff notes Future Route 37 Bypass also bisects the site where solar arrays will be located. The future
alignment is shown on the Concept Plan, Sheet 3, for reference purposes only.
Comprehensive Plan Conformance:
The Comprehensive Plan envisions this area of the County to remain primarily rural in nature and for
rural areas to be preserved to ensure the economic viability of agricultural and forestal operations and
that those lands are present for the use and enjoyment of future generations (Chapter II – Rural
Areas). Further the plan specifically states as it relates to solar that utility scale solar facilities are
typically passive uses with limited impacts to the environment and the rural character. Additionally,
implementation of this use can facilitate the preservation of agricultural and rural land for future use
once these sites are decommissioned, although the extent to which the use removes agricultural and
rural land from current use should also be considered. Utility-scale solar facilities, when located in
appropriate areas, can provide opportunities for landowne rs to recoup value from their property
without subdividing. The Code of Virginia also enables localities implementing solar facilities to tax
this utility infrastructure through the machinery and tools tax or revenue -share agreements with
utility operators, generating additional tax revenue beyond the l and use assessment. This additional
revenue can help the County offset impacts from residential development (Chapter IV – Business
Development).
The project, as proposed, is in accordance with Comprehensive Plan policies. The project will not
adversely impact the rural character of the area or the adjoining agricultural and residential uses. The
preservation of the underlying land through the solar facility siting agreement (discussed below)
maintains the ability to use the property for agriculture in t he future if and when the facility is
decommissioned. Maintaining the existing topography of the site, utilizing existing vegetation and
planting new buffers to screen the facility will preserve the rural viewshed from adjoining properties.
Further, the included Decommissioning Plan ensures a monetary guarantee to cover associated cost
with the restoration of the land to it pre-development state and ability of the land to be use for
agricultural purposes again (if so desired) in the future.
Zoning Ordinance Conformance:
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 “uti lity-
scale solar power generating facilities” to the Zoning Ordinance on January 8, 2020, including
additional regulations for specific uses. These additional regulations further specify for utility-scale
solar power generating facilities to prepare an eng ineered site plan and enter into a written agreem ent
with Frederick County for facility decommissioning.
The Zoning Ordinance requirements for “Public Utilities” including “utility-scale solar power
generating facilities” (§165-204.26) specifies the Zoning Administrator has the authority to
determine appropriate setbacks for lots. The Applicant has proposed setbacks for the solar arrays
8
Page 7
CUP #02-22 – Redbud Run Solar, LLC
February 16, 2022
(panels) for this project as follows: 60-FT from road rights of way, 50-FT to 100-FT side/rear
setbacks (from adjoining properties), and minimum 200-FT setbacks from Agricultural and Forestal
Districts. The provided setbacks are noted and shown on Sheet 3 of the Concept Plan.
Decommissioning Plan:
A draft Decommissioning Plan included with the application materials (Attachment 7 – Impact
Analysis Statement), 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 #3
ensures that Frederick County would maintain a bond that is updated every five (5) years keep ing it
up to date.
Solar Siting Agreement:
The applicant will also propose consideration before the Board of Supervisors a “solar siting
agreement.” Solar siting agreements are outlined in the Code of Virginia § 15.2-2316.7; the code
states any applicant for a solar project, or an energy storage project shal l give to the host locality
written notice of the applicant's intent to locate in such locality and request a meeting. Such
applicant shall meet, discuss, and negotiate a siting agreement with such locality. The siting
agreement may include terms and conditions, including (i) mitigation of any impacts of such solar
project or energy storage project; (ii) financial compensation to the host locality to address capital
needs set out in the (a) capital improvemen t plan adopted by the host locality, (b) current fiscal
budget of the host locality, or (c) fiscal fund balance policy adopted by the host locality; or (iii)
assistance by the applicant in the deployment of broadband, as defined in § 56-585.1:9, in such
locality. The solar siting agreement legislation took effect July 1, 2021 and applies only to projects
submitted on or after January 1, 2021.
For the Redbud Run Solar Project, the siting agreement specifies that at the time construction
commences, the owner will make a $10,000 lump sum payment to Frederick County. In addition to
this lump sum payment, the applicant will also pay the County $500 per megawatt AC per year, with
an annual escalator of 1.5%. These conditions are memorialized in a solar siting agreement with
Frederick County, pursuant to Code of Virginia Section 15.2-2316.6 et seq. Ultimately, approval of
the siting agreement is an action of the Frederick County Board of Supervisors.
Other Permitting:
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 proceeding with PBR approval process for this project.
STAFF CONCLUSIONS FOR THE 03/02/22 PLANNING COMMISSION MEETING:
9
Page 8
CUP #02-22 – Redbud Run Solar, LLC
February 16, 2022
This is a request for a Conditional Use Permit (CUP) to enable construction of an approximately 263-
acre +/- utility scale solar power generating facility on RA (Rural Areas) Zoned property in the
Stonewall Magisterial District.
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 th e Fredrick
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 January 18, 2022.
3. Pursuant to Code of Virginia §15.2-2241.2(B), the owner shall comply with the Decommissioning
Plan, included with the CUP application, prepared by Oriden, and shall update the
Decommissioning Plan every five (5) years.
4. At the time the project commences construction, the owner will make a $10,000 lump sum
payment to the County. Further, at the time the project achieves commercial operation, the owner
shall make a payment of $500 per Megawatt AC per year, with an annual escalator of 1.5%, to
the County. These conditions shall be memorialized in a solar siting agreement with Frederick
County, attached as Exhibit A of these Conditions, pursuant to Code of Virginia Section 15.2-
2316.6 et seq.
5. Batteries, for the purposes of mass storage of electricity that will eventually be transferred to
the grid, shall not be used on the properties subject to this CUP.
6. Access to the site shall be limited to three (3) entrances from Woods Mill Road (Route 660),
so to provide for one (1) entrance to each solar array land bay. One (1) entrance from Pine
Road (Route 661) to be used only during the period of construction shall also per permitted.
Approval of the final site entrance locations from Woods Mill Road is subject to review and
approval by the Virginia Department of Transportation at time of site plan.
7. Pile-driving of poles for solar arrays shall be limited to 8:00 a.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 or federal holidays.
8. Any expansion or modification of this land use will require the approval of a new CUP.
Following this public hearing, it would be appropriate for the Planning Commission to offer a
10
Page 9
CUP #02-22 – Redbud Run Solar, LLC
February 16, 2022
recommendation concerning this application to 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.
11
55 A 137
55 A 136
55A 1 19
55 A 134
55 A 135
44 A 294A
55A 1 21
44 A 297
44 A 295
250FIRSTWOODS DR
250FIRSTWOODS DR
146MERLOT DR134MERLOT DR128MERLOT DR120MERLOT DR236MORLYN DR245MORLYN DR
201MACKENZIE LN 224KEMPER CT 112BRADLEY CT 183STEEPWOOD LN
233BURNTFACTORY RD
380BURNTFACTORY RD
228BURNTFACTORY RD
163MORGANMILL RD139MORGANMILL RD
210MORLYN DR 209MACKENZIE LN
209KEMPER CT
223WOODS MILL RD
180PINE RD249MACKENZIE LN
232MACKENZIE LN
522BURNTFACTORY RD
271MORGANMILL RD
105SHIRAZ CT
221MERLOT DR216MERLOT DR
1551REDBUD RD 349WOODSMILL RD
263PINE RD
295PINE RD
319PINE RD
343PINE RD
417PINE RD
425PINE RD
425PINE RD
433PINE RD 385BURNTFACTORY RD
328MORGANMILL RD
359WOODSMILL RD
373PINE RD
367PINE RD
433BURNTFACTORY RD
529BURNTFACTORY RD
520BURNT FACTORY RD
1470REDBUD RD
1501REDBUD RD
1934JORDANSPRINGS RD
566BURNTFACTORY RD
1423REDBUD RD 451WOODSMILL RD
479WOODSMILL RD
417WOODS MILL RD
1896JORDANSPRINGS RD 1894JORDANSPRINGS RD 1890JORDANSPRINGS RD 1943JORDANSPRINGS RD
1347REDBUD RD 531WOODSMILL RD 1892JORDANSPRINGS RD
1840JORDANSPRINGS RD
1897JORDANSPRINGS RD
1863JORDAN SPRINGS RD
1301REDBUD RD
549WOODSMILL RD 527WOODSMILL RD
181WHETSTONE CT 157WHETSTONE CT
141WHETSTONE CT 125FEATHERSTONE CT
1801JORDANSPRINGS RD
1291REDBUD RD 1293REDBUD RD
563WOODS MILL RD
182WHETSTONE CT
120WHETSTONE CT 1763JORDANSPRINGS RD
269MORGANMILL RD
1203REDBUD RD
1263REDBUD RD
243FEATHERSTONE CT 168FEATHERSTONE CT 130FEATHERSTONE CT 181MOUNTAINVIEW DR
145MOUNTAINVIEW DR
1141REDBUD RD
1161REDBUD RD
1177REDBUD RD
240FEATHERSTONE CT
1696JORDANSPRINGS RD
1695JORDAN SPRINGS RD
198MOUNTAINVIEW DR
291RIVERDALE CIR
1105REDBUD RD
1071REDBUD RD
181SETTLERS LN
1586JORDANSPRINGS RD 1654JORDANSPRINGS RD 1681JORDANSPRINGS RD
255RIVERDALE CIR
1023REDBUD RD
133SETTLERS LN
743WOODS MILL RD
748WOODS MILL RD 138RIVERDALECIR
215RIVERDALECIR
768WOODS MILL RD 1564JORDAN SPRINGS RD
1575JORDAN SPRINGS RD 136HIGHVIEW RD
221SETTLERS LN
150SETTLERS LN 300WOODSMILL DR
849WOODSMILL RD
840WOODSMILL RD
1440JORDANSPRINGS RD 200HIGHVIEW RD
260HIGHBANKS RD
182HIGHVIEW RD
1073REDBUD RD
200SETTLERS LN 281WOODSMILL DR
358WOODSMILL DR
306WOODS MILL DR 896WOODS MILL RD
210HIGHBANKS RD
275HIGH BANKS RD
334HIGH BANKS RD
144LICK RUNCROSSING
341WOODSMILL RD
362WOODSMILL RD
1462JORDAN SPRINGS RD
187HIGHBANKS RD
229HIGHBANKS RD
261LICK RUNCROSSING
223LICK RUNCROSSING 235LICK RUN CROSSING
235LICK RUNCROSSING
1412JORDANSPRINGS RD
122HIDDEN PINES DR
180CUNNINGHAM LN
288MILBURN RD 270LICK RUNCROSSING 1373JORDAN SPRINGS RD
159HIDDENPINES DR 160HIDDENPINES DR
290LICK RUNCROSSING
289LICK RUNCROSSING
274LICK RUNCROSSING 1327JORDAN SPRINGS RD
234HIDDENPINES DR 300HIDDENPINES DR 348HIDDENPINES DR
1160JORDANSPRINGS RD 1160JORDANSPRINGS RD
1281JORDANSPRINGS RD
125HUMMINGBIRD LN
245HIDDENPINES DR
313HIDDEN PINES DR383HIDDEN PINES DR
154HUMMINGBIRD LN
220MONASTERYRIDGE
250MONASTERYRIDGE310MONASTERYRIDGE 350MONASTERYRIDGE
110DEVILS BACKBONE
367SNOWDENBRIDGE
163MONASTERYRIDGE170MONASTERYRIDGE
289MONASTERYRIDGE
271MONASTERYRIDGE
141OPEQUONWOODS CIR
562MILBURN RD
114JEWELBOX DR 324NORLANDKNOLL DR
268CHRISTMASTREE LN
266CHRISTMASTREE LN
161OPEQUONWOODS CIR318STARRY WAY DR 1054JORDAN SPRINGS RD
197OPEQUONWOODS CIR232NORLAND KNOLL DR 271PATCHWORK DR
1025JORDAN SPRINGS RD
269CHRISTMASTREE LN
106NOTIONS CT 136FARMHOUSE CT 918JORDANSPRINGS RD
941JORDANSPRINGS RD995JORDAN SPRINGS RD
216CHRISTMAS TREE LN
251CHRISTMAS TREE LN 280SABER LN
S A N T AF E C TH A L OC TSE E S A WC TN O
R
T
H
U
M
B
E
R
L
A
N
D
D
R
D E W E YW A YB A I L YW A Y
C
E
N
T
I
F
O
U
R
D
R F A D I N GS T A R C TS T A R R YW A Y D RM E R L O T D RO P E Q U O NW O O D S C IR
H
U
M
M
I
N
G
B
I
R
D
L
N
P
O
I
N
S
E
T
T
I
A
W
A
Y
L
I
N
D
Y
W
A
Y
C
R
O
F
T
O
N
C
T
K
E
M
P
E
R
C
T
P
A
R
K
L
A
N
D
D
R
W H E T S T O N E C T
P
A
T
C
H
W
O
R
K
D
R
P
A
T
R
I
O
T
S
T
F
E
A
T
H
E
R
S
T
O
N
E
C
T
R
I
V
E
R
D
A
L
E
C
I
R
IN
T
E
R
L
A
C
E
W
A
Y
M O U N T A IN V IE W D R
C
U
N
N
I
N
G
H
A
M
L
N
S
E
T
T
L
E
R
S
L
NS N O W D E NB R ID G E B L V D
H
I
G
H
V
I
E
W
R
D
J
E
W
E
L
B
O
X
D
R
N
O
R
L
A
N
D
K
N
O
L
L
D
R
W
O
O
D
S
M
I
L
L
D
R
F
I
R
S
T
W
O
O
D
S
D
R
H
I
D
D
E
N
P
I
N
E
S
D
R
M
O
R
L
Y
N
D
R
H
I
G
H
B
A
N
K
S
R
D
L
I
C
K
R
U
N
X
I
N
G
M
A
C
K
E
N
Z
I
E
L
N
J
O
R
D
A
N
S
P
R
I
N
G
S
R
D
M O R G A N M IL L R DB U R N T F A C T O R Y R D
M
O
N
A
S
T
E
R
Y
R
I
D
G
E
R
D
R
E
D
B
U
D
R
D
P
I
N
E
R
D W O O D S M I L L R D
Application
Sewer and Water Service Area
Parcels
Future Rt 37 Bypass
B2 (General Business District)
R4 (Residential Planned Community District)
RP (Residential Performance District)
Agricultural & Forestal Districts
Red Bud µ
Frederick County Planning & Development107 N Kent StWinchester, VA 22601540 - 665 - 5651Map Created: February 8, 2022
Stephenson
RED
B
U
D
R
DMILBURN RDWOODS MILL RDJORDAN SPR
INGS
RD
PINE RD
VALLEY MILL RD WOODS M
ILL
DR
£¤11
¬«7
0 1,600 3,200800 Feet
CLARKECOUNTY
C U P # 0 2 - 2 2 : R e d b u d R u n S o la r, L L CP IN s : 5 5 - A - 1 3 6 , 5 5 - A - 1 3 7 , 5 5 A - 1 - 1 9 , 5 5 A - 1 - 2 1 , 5 5 - A - 1 3 5 ,5 5 - A - 1 3 4 , 4 4 - A - 2 9 7 , 4 4 - A - 2 9 4 A , 4 4 - A - 2 9 5U tility S c a le S o la r F a c ilityZ o n in g M a p
CUP #02-22
CUP #02-22
CUP #02-22CUP #02-22
CUP #02-22
CUP #02-22
CUP #02-22
CUP #02-22
CUP #02-22
12
55 A 137
55 A 136
55A 1 19
55 A 134
55 A 135
44 A 294A
55A 1 21
44 A 297
44 A 295
250FIRSTWOODS DR
250FIRSTWOODS DR
127MORGAN MILL RD 146MERLOT DR 128MERLOT DR134MERLOT DR 120MERLOT DR236MORLYN DR245MORLYN DR
201MACKENZIE LN 224KEMPER CT 112BRADLEY CT 183STEEPWOOD LN
233BURNTFACTORY RD
380BURNTFACTORY RD
228BURNTFACTORY RD
149MORGAN MILL RD 210MORLYN DR 209MACKENZIE LN
223WOODS MILL RD209KEMPER CT
180PINE RD249MACKENZIE LN
232MACKENZIE LN
522BURNTFACTORY RD
271MORGANMILL RD
105SHIRAZ CT 216MERLOT DR
221MERLOT DR
1551REDBUD RD 349WOODSMILL RD
263PINE RD
295PINE RD
319PINE RD
343PINE RD
417PINE RD
425PINE RD
425PINE RD
433PINE RD 385BURNTFACTORY RD
328MORGANMILL RD
359WOODSMILL RD
373PINE RD
367PINE RD
433BURNTFACTORY RD
529BURNTFACTORY RD
520BURNT FACTORY RD
1470REDBUD RD
1501REDBUD RD
1934JORDANSPRINGS RD
566BURNTFACTORY RD
1423REDBUD RD 451WOODSMILL RD
479WOODSMILL RD
417WOODS MILL RD
1896JORDANSPRINGS RD 1894JORDANSPRINGS RD 1890JORDANSPRINGS RD 1943JORDANSPRINGS RD
1347REDBUD RD 531WOODSMILL RD 1892JORDANSPRINGS RD
1840JORDANSPRINGS RD
1897JORDANSPRINGS RD
1863JORDAN SPRINGS RD
1301REDBUD RD
549WOODSMILL RD 527WOODSMILL RD
181WHETSTONE CT 157WHETSTONE CT
141WHETSTONE CT 125FEATHERSTONE CT
1801JORDANSPRINGS RD
1291REDBUD RD 1293REDBUD RD
563WOODS MILL RD
182WHETSTONE CT
120WHETSTONE CT 1763JORDANSPRINGS RD
269MORGANMILL RD
1203REDBUD RD
1263REDBUD RD
243FEATHERSTONE CT 168FEATHERSTONE CT 130FEATHERSTONE CT 181MOUNTAINVIEW DR
145MOUNTAINVIEW DR
1141REDBUD RD
1161REDBUD RD
1177REDBUD RD
240FEATHERSTONE CT
1696JORDANSPRINGS RD
1695JORDAN SPRINGS RD
198MOUNTAINVIEW DR
291RIVERDALE CIR
1071REDBUD RD
1105REDBUD RD
181SETTLERS LN
1586JORDANSPRINGS RD 1654JORDANSPRINGS RD 1681JORDANSPRINGS RD
255RIVERDALE CIR
1023REDBUD RD
133SETTLERS LN
743WOODS MILL RD
748WOODS MILL RD 138RIVERDALECIR
215RIVERDALECIR
768WOODS MILL RD 1564JORDAN SPRINGS RD
1575JORDAN SPRINGS RD 136HIGHVIEW RD
221SETTLERS LN
150SETTLERS LN 300WOODSMILL DR
849WOODSMILL RD
840WOODSMILL RD
1440JORDANSPRINGS RD 200HIGHVIEW RD
260HIGHBANKS RD
182HIGHVIEW RD
1073REDBUD RD
200SETTLERS LN 281WOODSMILL DR
358WOODSMILL DR
306WOODS MILL DR 896WOODS MILL RD
210HIGHBANKS RD
275HIGH BANKS RD
334HIGH BANKS RD
144LICK RUNCROSSING
341WOODSMILL RD
362WOODSMILL RD
1462JORDAN SPRINGS RD
187HIGHBANKS RD
229HIGHBANKS RD
261LICK RUNCROSSING
235LICK RUN CROSSING
235LICK RUNCROSSING 223LICK RUNCROSSING 1412JORDANSPRINGS RD
122HIDDEN PINES DR
180CUNNINGHAM LN
288MILBURN RD 270LICK RUNCROSSING 1373JORDAN SPRINGS RD
159HIDDENPINES DR 160HIDDENPINES DR
290LICK RUNCROSSING
289LICK RUNCROSSING
274LICK RUNCROSSING 1327JORDAN SPRINGS RD
234HIDDENPINES DR 300HIDDENPINES DR 348HIDDENPINES DR
1160JORDANSPRINGS RD 1160JORDANSPRINGS RD
1281JORDANSPRINGS RD
125HUMMINGBIRD LN
245HIDDENPINES DR
313HIDDEN PINES DR383HIDDEN PINES DR
154HUMMINGBIRD LN
220MONASTERYRIDGE
250MONASTERYRIDGE310MONASTERYRIDGE 350MONASTERYRIDGE
110DEVILS BACKBONE
367SNOWDENBRIDGE
163MONASTERYRIDGE170MONASTERYRIDGE
289MONASTERYRIDGE
271MONASTERYRIDGE
141OPEQUONWOODS CIR
562MILBURN RD
114JEWELBOX DR 324NORLANDKNOLL DR
268CHRISTMASTREE LN
266CHRISTMASTREE LN
161OPEQUONWOODS CIR318STARRY WAY DR 1054JORDAN SPRINGS RD
197OPEQUONWOODS CIR232NORLAND KNOLL DR 271PATCHWORK DR
1025JORDAN SPRINGS RD
269CHRISTMASTREE LN
106NOTIONS CT 136FARMHOUSE CT 918JORDANSPRINGS RD
941JORDANSPRINGS RD995JORDAN SPRINGS RD
216CHRISTMAS TREE LN
251CHRISTMAS TREE LN 280SABER LN
S A N T AF E C TH A L OC TSE E S A WC TN O
R
T
H
U
M
B
E
R
L
A
N
D
D
R
D E W E YW A YB A I L YW A Y
C
E
N
T
I
F
O
U
R
D
R F A D I N GS T A R C TS T A R R YW A Y D RM E R L O T D RO P E Q U O NW O O D S C IR
H
U
M
M
I
N
G
B
I
R
D
L
N
P
O
I
N
S
E
T
T
I
A
W
A
Y
L
I
N
D
Y
W
A
Y
C
R
O
F
T
O
N
C
T
K
E
M
P
E
R
C
T
P
A
R
K
L
A
N
D
D
R
W H E T S T O N E C T
P
A
T
C
H
W
O
R
K
D
R
P
A
T
R
I
O
T
S
T
F
E
A
T
H
E
R
S
T
O
N
E
C
T
R
I
V
E
R
D
A
L
E
C
I
R
IN
T
E
R
L
A
C
E
W
A
Y
M O U N T A IN V IE W D R
C
U
N
N
I
N
G
H
A
M
L
N
S
E
T
T
L
E
R
S
L
NS N O W D E NB R ID G E B L V D
H
I
G
H
V
I
E
W
R
D
J
E
W
E
L
B
O
X
D
R
N
O
R
L
A
N
D
K
N
O
L
L
D
R
W
O
O
D
S
M
I
L
L
D
R
F
I
R
S
T
W
O
O
D
S
D
R
H
I
D
D
E
N
P
I
N
E
S
D
R
M
O
R
L
Y
N
D
R
H
I
G
H
B
A
N
K
S
R
D
L
I
C
K
R
U
N
X
I
N
G
M
A
C
K
E
N
Z
I
E
L
N
J
O
R
D
A
N
S
P
R
I
N
G
S
R
D
M O R G A N M IL L R DB U R N T F A C T O R Y R D
M
O
N
A
S
T
E
R
Y
R
I
D
G
E
R
D
R
E
D
B
U
D
R
D
P
I
N
E
R
D W O O D S M I L L R D
Application
Sewer and Water Service Area
Parcels
Future Rt 37 Bypass µ
Frederick County Planning & Development107 N Kent StWinchester, VA 22601540 - 665 - 5651Map Created: February 8, 2022
Stephenson
RED
B
U
D
R
DMILBURN RDWOODS MILL RDJORDAN SPR
INGS
RD
PINE RD
VALLEY MILL RD WOODS M
ILL
DR
£¤11
¬«7
0 1,600 3,200800 Feet
CLARKECOUNTY
C U P # 0 2 - 2 2 : R e d b u d R u n S o la r, L L CP IN s : 5 5 - A - 1 3 6 , 5 5 - A - 1 3 7 , 5 5 A - 1 - 1 9 , 5 5 A - 1 - 2 1 , 5 5 - A - 1 3 5 ,5 5 - A - 1 3 4 , 4 4 - A - 2 9 7 , 4 4 - A - 2 9 4 A , 4 4 - A - 2 9 5U tility S c a le S o la r F a c ilityL o c a tio n M a p
CUP #02-22
CUP #02-22
CUP #02-22CUP #02-22
CUP #02-22
CUP #02-22
CUP #02-22
CUP #02-22
CUP #02-22
13
5
APPLICATION FOR CONDITIONAL USE PERMIT
FREDERICK COUNTY, VIRGINIA
____________________________________________________________ _________________
*Please see Concept Plan for road frontages and property depths.
✔
Redbud Run Solar LLC Attn: Gary Verkleeren
106 Isabella Street, Suite 400, Pittsburgh, PA 15212
(412) 915-9017; Gary.Verkleeren@OridenPower.com
JRW Properties & Rentals Inc., Ronald A. and Mary C. Lee, Allen R. Conner,
Robert L. Williams, William M. Rexrode, Tonie Wallace
The property is located east of Woods Mill Road (VA Route 660) and north of Pine
Road (VA Route 661), approximately 0.5-mile north of Berryville Pike (VA Route 7).
**
477.42
See Attachment 1
55-A-136, 55-A-137, 55A-1-19, 55A-1-21, 55-A-135, 55-A-134, 44-A-297, 44-A-294A, 44-A-295
Stonewall
RA, Rural Areas
14
6
consult with the Planning Dept. before completing
Name and Property Identification Number Address
See Sheet 2 of
Concept Plan.
Utility-scale solar power generating facility
No new buildings are proposed to be constructed. Structures associated with
the proposed use include mounted photovoltaic solar panels, skid-mounted
inverters/transformers, and underground medium voltage interconnection lines.
See Attachment 2.
15
8
USE CODE: _______________________________________
RENEWAL DATE: ________________________________
SEE ATTACHED SIGNATURE SHEET
SEE ATTACHED SIGNATURE SHEETS
SEE ATTACHED SIGNATURE SHEETS
SEE ATTACHED SIGNATURE SHEETS
16
ATTACHMENT 1
Project Parcels
Tax Map
Number Owner Acreage Zoning Record/
Instrument #Project Component
55-A-136 JRW Properties &
Rentals Inc 128.99 RA DB591, PG630 Solar Arrays and
Equipment
55-A-137 JRW Properties &
Rentals Inc 134.00 RA DB591, PG630 Solar Arrays and
Equipment
55A-1-19 JRW Properties &
Rentals Inc 0.94 RA DB596, PG515 Facility Access
55A-1-21 Robert L.
Williams 2.57 RA Inst. #030019313 Facility Access
55-A-135 Ronald A. & Mary
C. Lee 6.00 RA DB867, PG1843 Underground
Interconnection Line
55-A-134 Allen R. Conner 11.00 RA DB804, PG207 Underground
Interconnection Line
44-A-297 Allen R. Conner 13.78 RA DB804, PG207 Underground
Interconnection Line
44-A-294A Tonie Wallace
Aitken 176.25 RA
Inst. #02000485 Underground
Interconnection Line /
Point of Interconnection
44-A-295 William M.
Rexrode 3.89 RA Inst #160002648 Underground
Interconnection Line
17
Redbud Run Solar FacilityADJOINING PROPERTIESID Tax Map NumberOwnerMailing Address CityState Zip Assessed Acreage Zoning1 55A 3 AWHITACRE ROLAND W, WHITACRE LINDA W1392 JORDAN SPRINGS RD STEPHENSON VA 22656 0.9 RA2 55A 2 APERRY PATRICIA D1466 JORDAN SPRINGS RD STEPHENSON VA 22656 8.46 RA3 56 A 3HALLAM BENJAMIN P, HALLAM JEAN JOHNSON1586 JORDAN SPRINGS RD STEPHENSON VA 22656 54 RA4 55 5 5HAWKINS CYNTHIA D240 FEATHERSTONE CT STEPHENSON VA 22656 5.07 RA5 55 5 6FRAWLEY EDWARD J TRUSTEE, FRAWLEY ROSE MARIE TRUSTEE243 FEATHERSTONE CT STEPHENSON VA 22656 5.12 RA6 55 5 8HARTMAN ERIN M, HARTMAN BRIAN R172 WHETSTONE CT STEPHENSON VA 22656 5.04 RA755 5 9 PULLEN LARRY R, PULLEN ELIZABETH M TRUSTEES182 WHETSTONE CT STEPHENSON VA 22656 5.13 RA8 55 5 10BROWN BETTY181 WHETSTONE CT STEPHENSON VA 22656 5.15 RA9 55 8 1MITCHELL WALTER NEAL, MITCHELL ELIZABETH MARIE1896 JORDAN SPRINGS RD STEPHENSON VA 22656 10 RA10 55 A 137EADAMKIEWICZ SUSAN LYNN TRUSTEE, SUSAN LYNN ADAMKIEWICZ REV TRUST319 PINE RD STEPHENSON VA 22656 7.51 RA11 55 A 137DMCGUIRE MICHALE A, MCGUIRE NORMA J295 PINE RD STEPHENSON VA 22656 3 RA12 55 A 137ATRUSTEES OF EMMANUEL UNITED, METHODIST CHURCH2732 MARTINSBURG PIKE STEPHENSON VA 22656 0 RA13 55 A 137CBENNETT GEORGE P, BENNETT JUDITH A263 PINE RD STEPHENSON VA 22656 1.01 RA14 55 A 138SEMPELES STEPHANIE M180 PINE RD STEPHENSON VA 22656 21.5 RA15 55 A 139SEMPELES STEPHANIE M180 PINE RD STEPHENSON VA 22656 7.31 RA16 55 A 109AJENKINS BRYAN SCOTT1605 HANDLEY AVE WINCHESTER VA 22601 9.44 RA17 55 A 110JENKINS BETTE P1712 REAVES ST WINCHESTER VA 22601 1.75 RA18 55 A 111JENKINS JEFFREY G1631 REDBUD RD WINCHESTER VA 22603 6.18 RA19 55 A 112JENKINS GARLAND W, JENKINS BARBARA D393 WOODS MILL RD STEPHENSON VA 22656 10.03 RA20 55 A 112APEARSON WYATT G, PEARSON ARIELLE J417 WOODS MILL RD STEPHENSON VA 22656 1.11 RA21 55 A 124MENGEL THOMAS C TRUSTEE, MENGEL RACHAEL E TRUSTEE479 WOODS MILL RD STEPHENSON VA 226567.3RA22 55 A 125SIMKHOVITCH RONALD SR, SIMKHOVITCH VELMA2657 MARTINSBURG PIKESTEPHENSON VA 22656 5 RA23 55 A 126ASPEVAK IDA M, SPEVAK SAMUEL IPO BOX 3750 WINCHESTER VA 22604 2.45 RA24 55 A 127BDUNLAP EDITH MPO BOX 73 STEPHENSON VA 22656 1.12 RA25 55 A 127CFREDERICK COUNTY VIRGINIA107 N KENT ST WINCHESTER VA 22601 0.05 RA26 55 A 127J R W PROPERTIES & RENTALS INC13 S LOUDOUN ST WINCHESTER VA 22601 24.98 RA27 55 7 4JOHNS M LESLIE JR250 DEVILS BACKBONE OVERLOOK STEPHENSON VA 22656 23.22 RA28 55 7 3COMER RONALD L743 WOODS MILL RD STEPHENSON VA 22656 20.04 RA29 55A 1 1WOHL HEIDI2566 E PAULSTAN CTSARASOTA FL 34237 1 RA30 55A 1 2MYERS NATHAN LEE, MYERS KELSEY MARIE758 WOODS MILL RDSTEPHENSON VA 22656 0 RA31 55A 1 3ATKINSON JANET768 WOODS MILL RD STEPHENSON VA 22656 0 RA32 55A 1 4MUNDY MATTHEW W, MUNDY MELODY D776 WOODS MILL RD STEPHENSON VA 22656 4.5 RA33 55A 1 8WELCH KEVIN J830 WOODS MILL RD STEPHENSON VA 22656 1.28 RA34 55A 1 9WELCH KEVIN J830 WOODS MILL RDSTEPHENSON VA 22656 1.06 RA35 55A 1 10SHAFFER JEANNETTE P, DORSEY JEFFREY S142 BUCKINGHAM DR STEPHENS CITY VA 22655 0 RA36 55A 1 11SHAFFER JEANNETTE P, DORSEY JEFFREY S142 BUCKINGHAM DR STEPHENS CITY VA 22655 0 RA37 55A 1 12SHAFFER JEANNETTE P, DORSEY JEFFREY S142 BUCKINGHAM DR STEPHENS CITY VA 22655 0 RA38 55A 1 13FELTNER JEFFREY A, FELTNER ANTINEA R870 WOODS MILL RD STEPHENSON VA 22656 1.25 RA39 55A 1 14RUSSELL SHARON G, RUSSELL REBEKAH LPO BOX 115 WHITE POST VA 22663 1.2 RA40 55A 1 15FRICKE JOHN C JR, FRICKE CLARA M886 WOODS MILL RD STEPHENSON VA 22656 0 RA41 55A 1 16BORROR RANDY DAVID896 WOODS MILL RD STEPHENSON VA 22656 0 RA42 55A 1 17NEWLIN TINA906 WOODS MILL RD STEPHENSON VA 22656 1.11 RA43 55A 1 18JRW PROPERTIES & RENTALS INC13 S LOUDOUN ST WINCHESTER VA 22601 1.08 RA44 55A 1 20JRW PROPERTIES & RENTALS INC13 S LOUDOUN ST WINCHESTER VA 22601 0 RA45 55A 1 22ALEE RONALD ALLEN, LEE MARY CATHERINE1947 MARTINSBURG PIKE WINCHESTER VA 22603 1 RASource: Frederick County, VA GIS, 2022 DataATTACHMENT 218
Redbud Run Solar FacilityADJOINING PROPERTIES46 44 A 296CONNER HAROLD R, CONNER ALLEN R1010 WOODS MILL RD STEPHENSON VA 22656 0.46 RA47 44 A 297ACONNER ALLEN R1010 WOODS MILL RD STEPHENSON VA 22656 0.37 RA48 55 A 133HART DOROTHY L897 WOODS MILL RD STEPHENSON VA 22656 1.16 RA49 55 7 1SWEET MICHAEL L362 WOODS MILL DR STEPHENSON VA 22656 17.48 RA50 55 7 14AMEIER KEVIN R, MEIER JORDAN V274 LICK RUN CROSSING STEPHENSON VA 22656 6.39 RA51 44 A 31ASTEPHENSON ASSOCIATES LCPO BOX 2530 WINCHESTER VA 22604 386.24 R452 44 A 31BBROOKFIELD STEPHENSON VILLAGE LLC3201 JERMANTOWN RD STE 150 FAIRFAX VA 22030 18.05 R453 44 A 293BROOKFIELD STEPHENSON VILLAGE LLC3201 JERMANTOWN RD STE 150 FAIRFAX VA 22030 17.96 R454 44E 15 11569CBROOKFIELD STEPHENSON VILLAGE LLC3201 JERMANTOWN RD STE 150 FAIRFAX VA 22030 2.01 R455 44E 17 11764BBROOKFIELD STEPHENSON VILLAGE LLC3201 JERMANTOWN RD FAIRFAX VA 22030 2.9 R456 44E 17 11764ABROOKFIELD STEPHENSON VILLAGE LLC3201 JERMANTOWN RD FAIRFAX VA 22030 12.12 R457 44 A 294AITKEN TONIE WALLACE, C/O TONIE M WALLACE1160 JORDAN SPRINGS RD STEPHENSON VA 22656 55.67 RAB258 45 4 1 2FORTNEY CLARK D, FORTNEY BARBARA K1281 JORDAN SPRINGS RD STEPHENSON VA 22656 3.04 RP59 45 4 1 3CONLEY JOHN M, CONLEY K JUNEPO BOX 218 STEPHENSON VA 22656 3.07 RP60 45 4 1 4BELL CATHERINE SUE1373 JORDAN SPRINGS RD STEPHENSON VA 22656 3.08 RP61 45 4 1 5KIENE CAROLYN L1373 JORDAN SPRINGS RD STEPHENSON VA 22656 3.22 RP62 55A 3 BVEGA BRUNO G1384 JORDAN SPRINGS RD STEPHENSON VA 22656 0.56 RASource: Frederick County, VA GIS, 2022 DataATTACHMENT 255A-4-1-1Brian Keith Ash1412 Jordan Springs RdStephensonVA 2265619
CROFTONCT
REDBUDRD JORDANSPRI
NGSRDNORLANDKNOLLDR
MORLYN DR
PARKLAND
DR
MERLOT DRMORG A N MILLRDLAKE S EVERDR
H I D D E N PINES DR
WOODS MILL RDFEATHERSTONE C TMILBURNRDWOODSMILLDR HIGHBANKS RD
RIVERDALECIR
B U R N T F A CTORYRDDENNY LNSETTLERS LN
H
I
GHVIE
W
RDMILLBROOKDRCAVALIE RLNPROS PECTDRMACKENZIELN LICKRUNXING
MARQUISCT
M
ONASTERYRIDG E R DFIRSTWOODSDRP I N E R D
DEVIL S BACKBONEOLOOK59
4035
32
17
60
58
44
328
7
49
61474662
1
24548
43
42
4139
3837
363433
27
31
30
9
29
26
4
5
6
24
8
22
10
19 20
13
18
1112
141615
57
57
51
21
50
23
52 54
53
56
55
Map Da ta So u rce: Frederick Co unty, VA. GIS Departme n t, 2021 Data. 2 0 1 9 A erial Im age .ADJOINERS EXHIBITREDBUD SOLAR FACILITYFREDERICK COUNTY, VIRGINIADATE: 01-18-2022PROJECT ID: 0844ODESIGNED BY: MEWSCALE:1 inch = 1,100 feet1,100 0 1,100
Feet
Legend
Adjoin ers
In terco nnection Parcel s
Solar Ar ray and Access Parcels
Parcel B ound ary
µREDBUD SOLAR FACILITYADJOINERS EXHIBITCIVIL ENG INEERING | L AND PLAN NIN G | GIS | LAND SU RVEYING | ENVIRON MENTAL | ANALYT IC AL LABO RATORY | QUALITY CONTRO L TESTIN G & INSPEC TION S WINCHESTER, VA | ASHBURN, VA | MARTINSBURG, WVCLARKECOUNTYSTONEWALL MAGISTERIAL DISTRICT20
WRIGHTSMILLRDNEILLRDJORDANSPRINGSRD
MORLYN DRMERLOT DRMORG A N MILLRDHI D DEN PINES DR
WOODS MILL RDFEATHERSTONE C TWOODSMILLDR HIGHBANKS RD
RIVERDALECIR
B U R N T F A C TORYRDCUNNINGHAMLN
SETTLERS LN H
I
GHVIE
W
RDMACKENZIELN
MONASTERYRI DG E RDLICKRUN
XING
R
EDBUDRDFIRSTWOODSDRDEVILS
BACKBO N EOLOOKPINE RD
Map Da ta So u rce: Frederick Co unty, VA. GIS Departme n t, 2021 Data. 2 0 1 9 A erial Im age .ZONING & LOCATION EXHIBITREDBUD SOLAR FACILITYFREDERICK COUNTY, VIRGINIADATE: 01-18-2022PROJECT ID: 0844ODESIGNED BY: MEWSCALE:1 inch = 1,000 feet1,000 0 1,000
Feet
Legend
In terco nnection Parcel s
Solar Ar ray and Access ParcelsParcel B ound aryFrederick Co unty Zon in g
B2 (Bu sines s, Gen eral Distrist)
R4 (Re sidential, Planned Community District)
RA (R ural Area D istrict)
RP (Residential, Performa nce District)
µREDBUD SOLAR FACILITYZONING & LOCATION EXHIBITCIVIL ENG INEERING | L AND PLAN NIN G | GIS | LAND SU RVEYING | ENVIRON MENTAL | ANALYT IC AL LABO RATORY | QUALITY CONTRO L TESTIN G & INSPEC TION S WINCHESTER, VA | ASHBURN, VA | MARTINSBURG, WVCLARKECOUNTYËÊ7HARRYBYRDHWY
ËÊ7
£¤52 2
ËÊ37
£¤1 1
§¨¦81
£¤17
£¤50
WINCHESTER
SITE
äSTONEWALL MAGISTERIAL DISTRICT21
22
23
24
25
26
27
28
1COVER SHEETAS SHOWN
STONEWALL MAGISTERIAL DISTRICT
FREDERICK COUNTY
VICINITY MAP
SCALE: 1" 2000'
DEVELOPER
REDBUD RUN SOLAR LLC, C/O ORIDEN LLC
106 ISABELLA STREET, SUITE 400
PITTSBURGH, PA
412-235-9112 STONEWALL MAGISTERIAL DISTRICTFREDERICK COUNTY1/18/2022
CM/ZJ
6
0844O
Plan Revisions
Date Comment
151 Windy Hill LaneWinchester, Virginia 22602Telephone: (540) 662-4185Fax: (540) 722-9528www.greenwayeng.comFND1971ENGINEERINGSHEET OF
DESIGNED BY:
FILE NO.
SCALE:
DATE:
LIST OF SERVICES: CIVIL ENGINEERING I GIS I LAND SURVEYING I ENVIRONMENTAL I ANALYTICAL LABORATORY I QUALITY CONTROL TESTING & INSPECTIONS PROUDLY SERVING VIRGINIA & WEST VIRGINIAOFFICES IN: WINCHESTER, VA & MARTINSBURG, WVREDBUD RUN SOLAR PROJECTCONCEPT PLAN
REDBUD RUN SOLAR PROJECT
OWNERS
Sheet List Table
Sheet Number Revsion
No Sheet Title
1 Cover Sheet
2 Project Area
3 Concept Development Plan
4 Sight Distance Evaluations
5 Sight Distance Evaluations
6 Sight Distance Evaluations
29
151 Windy Hill Lane
Winchester, Virginia 22602
Telephone: (540) 662-4185
Fax: (540) 722-9528
www.greenwayeng.com
FND 1971
E N G I N E E R I N GSHEET OFDESIGNED BY:FILE NO.SCALE:DATE:PROUDLY SERVING VIRGINIA & WEST VIRGINIA
OFFICES IN: WINCHESTER, VA & MARTINSBURG, WV1" 500'2PROJECT AREA
STONEWALL MAGISTERIAL DISTRICT
FREDERICK COUNTY1/18/2022CM/ZJ60844OREDBUD RUN SOLAR PROJECT ADJOINER PARCEL TABLELEGENDPROJECT PARCELSPARCELSSUBJECT PARCEL TABLEID'SADJOINER PARCELTABLE ID'SPROJECT AREAREDBUD ENERGY FACILITY: ~30 MW SOLAR FACILITYGENERATION TIE LINETOTAL PROJECT PARCEL AREA: 476.6± AC.(APPROXIMATELY 150.5 ACRES FOR SOLARARRAYS)MAGISTERIAL DISTRICT: STONEWALLACREAGE/ZONING:RA DISTRICTEXISTING LAND USE: AGRICULTURAL &RESIDENTIALNOTES1.SOLAR ARRAY DEVELOPMENT LIMITS WILL BE SETBACK 50'-100' FROM EXTERNAL ROADS ANDPROPERTY LINES.2.SOLAR ARRAY DEVELOPMENT LIMITS WILL CONSIST OF GROUND-MOUNTED PHOTOVOLTAICMODULES AND CENTRAL INVERTERS.3.A 6' HIGH SECURITY FENCE WITH SIGNAGE/24-HOUR CONTACT INFORMATION WILL BE INSTALLEDAROUND BOUNDARY OF SOLAR ARRAY DEVELOPMENT.4.LIGHTING WILL BE LIMITED TO SAFETY AND SECURITY PURPOSES ONLY, ON AN AS NEEDEDBASIS.5.STORM WATER MANAGEMENT SHOWN FOR PLANNING PURPOSES. LOCATIONS AND ACCESSROADS TO BE REFINED DURING SITE DESIGN.6.ACCESS TO THE FACILITY WILL BE PROVIDED THROUGH THREE ENTRANCES LOCATED ONWOODS MILL ROAD (IDENTIFIED ON SHEET 3). ADDITIONALLY A TEMPORARY ENTRANCE WILL BEUTILIZED ALONG PINE ROAD TO ACCESS LAY DOWN AREAS DURING THE CONSTRUCTIONPROCESS.7.THE LANDSCAPE BUFFER PLANTINGS SHALL BE MAINTAINED IN GOOD HEALTH FOR THE LIFE OFTHE PROJECT. EXISTING VEGETATION PRESERVATION AREAS IDENTIFIED ON SHEET 3 SHALLREMAIN UNDISTURBED FOR THE LIFE OF THE PROJECT.PROJECT AREA PARCEL TABLERev. No.DateINTERCONNECTIONPARCELSDATA NOTES·PROJECT AREA PARCELS SHOWNPER GREENWAY SURVEYCONDUCTED 2021·LOCATIONS OF PARCELS, ANDROADS SHOWN PER FREDERICKCOUNTY GIS DATA30
TMEICSkid-4.2MWAC
TMEICSkid-4.2MWAC
TMEICSkid-4.2MWAC TMEICSkid-4.2MWAC
TMEICSkid-4.2MWAC
TMEICSkid-4.2MWAC
TMEICSkid-4.2MWAC
TMEICSkid-4.2MWAC MVMVMVMVMV MV MV MV
MVMVMVMV MV MV MVMVMVMVMVMVMV
MV
MV MVMVMVMVMVMVMVMVMVMVMVMVXXXXXXXXXXXX XXXXXXX
XXXXXXXXX
X
PROPOSED POLE MOUNTED POINT OFINTERCONNECTION WITH EXOVERHEAD ELECTRIC LINEPROPOSED EASEMENT FORUNDERGROUND MEDIUMVOLTAGE INTERCONNECTIONLINEPOTENTIAL LAYDOWNENTRANCEEX VEG TOREMAIN ASSCREENPROP.LANDSCAPEBUFFER "A"EX VEG TOREMAIN ASSCREENXXXXXXXX XXXX XXXXXXXXXXXXXEX VEG TOREMAIN ASSCREEN(TYP.)PROP.LANDSCAPEBUFFER "B"MVMVMVMVMVMVMVMVMVMVMV
MVMVMVMVMVMVMV MV PROP.LANDSCAPEBUFFER "A"PROPOSED TEMPORARYLAY DOWN AREAS ANDLANDSCAPE BUFFER "A"PROPOSEDTEMPORARY LAYDOWN AREAXXXXX NORTHENTRANCEALTERNATIVE 1NORTHENTRANCEALTERNATIVE 2151 Windy Hill Lane
Winchester, Virginia 22602
Telephone: (540) 662-4185
Fax: (540) 722-9528
www.greenwayeng.com
FND 1971
E N G I N E E R I N GSHEET OFDESIGNED BY:FILE NO.SCALE:DATE:PROUDLY SERVING VIRGINIA & WEST VIRGINIA
OFFICES IN: WINCHESTER, VA & MARTINSBURG, WV1" 400'3CONCEPT DEVELOPMENT PLAN
STONEWALL MAGISTERIAL DISTRICT
FREDERICK COUNTY1/18/2022CM/ZJ60844OREDBUD RUN SOLAR PROJECT PROPOSED ACCESS ROAD TYPICAL SECTIONLEGENDPROJECT AREAPARCELSLANDSCAPE BUFFER AREADELINEATED STREAMSWATER/PONDSSECURITY FENCEDELINEATED WETLANDSPROPOSED ACCESS ROADSRIPARIAN BUFFERSSOLAR ARRAY AREAPROPOSED SITE ENTRANCEEXISTING VEGETATION/TREELINEINTERCONNECTION PARCELSBUILDING RESTRICTION LINETYPICAL ROAD SECTION2% MIN14' MINCOMPACTED NATIVE SUBGRADE PERGEOTECHNICAL ENGINEERALL WEATHERSURFACE/BASE PERGEOTECHNICALENGINEERNTSSOLAR ARRAY PANEL DETAILSOLAR ARRAY CROSS SECTIONNTSRev. No.DateLANDSCAPE BUFFER "B"LANDSCAPE BUFFER "B"not to scaleDESCRIPTION :EXTEND EXISTING TREELINES USING SIMILAR DECIDUOUS AND EVERGREEN SPECIESLANDSCAPE BUFFER "B"EX TREELINEPROPERTY BOUNDARY/EASEMENT50'-100'1.DECIDUOUS TREES TO BE A MINIMUM 2” CALIPER AT PLANTING;EVERGREEN TREES TO BE A MINIMUM 4' HEIGHT AT PLANTING2.SPECIES, QUANTITIES AND PLANTING SPECIFICATIONS OFDECIDUOUS AND EVERGREEN TREES TO BE PROVIDED ON SITEPLANSOLAR ARRAY DEVELOPMENT LIMITS15' OC 15' OC PROPOSED STORM WATERMANAGEMENTPROPOSED MEDIUM VOLTAGE LINE8.9'VARIES34.2'19.1'LANDSCAPE BUFFER "A"LANDSCAPE BUFFER "A"not to scaleDESCRIPTION :PROVIDE DOUBLE ROW OF EVERGREEN TREES WITH INTERSPERSED DECIDUOUS SPECIESALONG PROPERTY LINE/ EASEMENTLANDSCAPE BUFFER "A"PROPERTY BOUNDARY50'-100'SOLAR ARRAY DEVELOPMENT LIMITS15' OC 1.EVERGREEN TREES TO BE APPROXIMATELY 6' HEIGHT AT PLANTING 2.SPECIES, QUANTITIES AND PLANTING SPECIFICATIONS OF EVERGREENAND DECIDUOUS TREES TO BE PROVIDED ON SITE PLANEX VEGETATION TO REMAINAS SCREENNOTES1.REDBUD RUN SOLAR PROJECT WILL INSTALL AN UNDERGROUND GENERATION-TIE LINEWITHIN AN EASEMENT ON TAX MAP PARCELS 44-A-297, 55-A-134, 55-A-135, 44-A-295 &44-A-294A.2.PROJECT WILL SUPPLY ELECTRICITY INTO THE RAPPAHANNOCK ELECTRIC CO-OP34.5KV ELECTRIC LINE.3.FUTURE ROUTE 37 EAST: THE FREDERICK COUNTY COMPREHENSIVE PLAN SHOWS THEPLANNED ALIGNMENT OF FUTURE ROUTE 37 EAST EXTENDING ACROSS THE PROJECTSITE. THE DEVELOPER WILL DESIGN THE FACILITY TO ACCOMMODATE POTENTIALCONSTRUCTION OF FUTURE ROUTE 37 EAST DURING THE FACILITY'S LIFE CYCLE. TOTHAT END, THE FOLLOWING DESIGN MEASURES WILL BE APPLIED:DATA NOTES·PROJECT AREA PARCELS SHOWN PER GREENWAY SURVEY CONDUCTED 2021·LOCATIONS OF PARCELS, AND ROADS SHOWN PER FREDERICK COUNTY GIS DATA·2' CONTOURS DEPICTED WITHIN PROJECT AREA PER LIDAR FLIGHT CONDUCTED BY GREENWAY ENGINEERING IN 2021.·DELINEATED STREAMS AND WETLANDS PER PENNONI SURVEY CONDUCTED 2020 AND 2021.·SOLAR PHOTOVOLTAIC PANELS LOCATED WITHIN THE PLANNED ROUTE 37 EASTCORRIDOR WILL BE PLACED TO ENABLE REMOVAL WITHOUT COMPROMISINGFACILITY OPERATION.·PERMANENT ENTRANCES TO THE FACILITY WILL BE LOCATED TO THE NORTH ANDSOUTH OF THE PLANNED ROUTE 37 EAST CORRIDOR TO AVOID THE NEED FORRELOCATION AND/OR REDESIGN.·INVERTER PADS, UNDERGROUND COLLECTION LINES, AND RELATEDIMPROVEMENTS WILL BE PLACED TO MINIMIZE THE NEED FOR RELOCATION.·UNDERGROUND COLLECTION LINES CROSSING THE PLANNED ROUTE 37 EASTCORRIDOR WILL BE APPROPRIATELY ENCASED TO SUPPORT CONTINUOUS ANDSAFE OPERATION IN THE EVENT OF ROAD CONSTRUCTION.RT. 37 STUDY AREAPROPOSED TEMPORARY LAYDOWN AREADEC.DEC.31
XXXXXXXXXXXXXXXXXXXXXXXXXX14.5'
DRIVER EYE LOCATION
500' SIGHT LINE
(45 MPH DESIGN
SPEED)
APPROXIMATE CENTER
OF LANE
EXISTING VEG TO REMAIN
AS LANDSCAPE BUFFER
500' SIGHT LINE
(45 MPH DESIGN
SPEED)
APPROXIMATE CENTER
OF LANE
PROPOSED
LANDSCAPE BUFFER
630 632
634
636
638 640
642
644
15+01.4814+5014+0013+5013+0012+5012+0011+5011+0010+5010+00
9+50
9+00
8+50
8+00
7+50
7+006+50
6+00
5+50
5+01.53
3.5' EYEHEIGHT3.5' OBJECTHEIGHT3.5' OBJECTHEIGHT4+50 5+00 5+50 6+00 6+50 7+00 7+50 8+00 8+50 9+00 9+50 10+00 10+50 11+00 11+50 12+00 12+50 13+00 13+50 14+00 14+50 15+00 15+50 16+00
610
615
620
625
630
635
640
645
650
655
610
615
620
625
630
635
640
645
650
655
5.20' CUT
ELECTRIC LINE IMPACTED BY CUT,
MAY REQUIRE POLE REPLACEMENT
PROP GRADE
EXISTING
GRADE
500' SIGHT LINE
EXISTING
GRADE
PROP GRADE
500' SIGHT LINE
ENTRANCE 1 (WOODS MILL) SIGHT DISTANCE PROFILE
1/18/2022
CM/ZJ
0844O151 Windy Hill LaneWinchester, Virginia 22602Telephone: (540) 662-4185Fax: (540) 722-9528www.greenwayeng.comFND1971ENGINEERINGSHEET OF
DESIGNED BY:
FILE NO.
SCALE:
DATE:PROUDLY SERVING VIRGINIA & WEST VIRGINIAOFFICES IN: WINCHESTER, VA & MARTINSBURG, WVFREDERICK COUNTY, VIRGINIASIGHT DISTANCE EVALUATIONSREDBUD RUN SOLAR PROJECTSTONEWALL MAGISTERIAL DISTRICTENTRANCE 1 AS SHOWN
VICINITY MAP
NOTES:
1.ANY BRUSH WITHIN THE ROW CONFLICTING WITH THE SIGHT LINE TO
BE CLEARED.
2.PROJECT DESIGN CURRENTLY IN CONCEPTUAL STAGES AND SIGHT
DISTANCE PROFILES HAVE BEEN DEVELOPED FROM AVAILABLE
DATA INCLUDING GIS, AERIAL, FIELD WORK, AND OTHER RELEVANT
SOURCES. SUBJECT TO VERIFICATION AND ADJUSTMENT DURING
FINAL DESIGN.
4 6
Rev. No.Date
32
14.5'
500' SIGHT LINE
(45 MPH DESIGN
SPEED)
500' SIGHT LINE
(45 MPH DESIGN
SPEED)
DRIVER EYE LOCATION
APPROXIMATE CENTER
OF LANE
APPROXIMATE CENTER
OF LANE
PROPOSED
LANDSCAPE BUFFER
PROPOSED
LANDSCAPE BUFFER
15+00.9814+5014+0013+5013+0012+5012+0011+5011+0010+5010+009+509+008+508+007+507+006+506+005+504+99.44
3.5' EYEHEIGHT3.5' OBJECTHEIGHT3.5' OBJECTHEIGHT4+00 4+50 5+00 5+50 6+00 6+50 7+00 7+50 8+00 8+50 9+00 9+50 10+00 10+50 11+00 11+50 12+00 12+50 13+00 13+50 14+00 14+50 15+00 15+50 16+00
630
635
640
645
650
655
660
630
635
640
645
650
655
660
ENTRANCE 2 (WOODS MILL) SIGHT DISTANCE PROFILE
PROP GRADE
EXISTING
GRADE
500' SIGHT LINE
500' SIGHT LINE
EXISTING
GRADE
FREDERICK COUNTY, VIRGINIASIGHT DISTANCE EVALUATIONSREDBUD RUN SOLAR PROJECT151 Windy Hill LaneWinchester, Virginia 22602Telephone: (540) 662-4185Fax: (540) 722-9528www.greenwayeng.comFND1971ENGINEERINGSHEET OF
DESIGNED BY:
FILE NO.
SCALE:
DATE:PROUDLY SERVING VIRGINIA & WEST VIRGINIAOFFICES IN: WINCHESTER, VA & MARTINSBURG, WVSTONEWALL MAGISTERIAL DISTRICTAS SHOWN
1/18/2022
CM/ZJ
0844O
ENTRANCE 2
VICINITY MAP
NOTES:
1.ANY BRUSH WITHIN THE ROW CONFLICTING WITH THE SIGHT LINE TO
BE CLEARED.
2.PROJECT DESIGN CURRENTLY IN CONCEPTUAL STAGES AND SIGHT
DISTANCE PROFILES HAVE BEEN DEVELOPED FROM AVAILABLE
DATA INCLUDING GIS, AERIAL, FIELD WORK, AND OTHER RELEVANT
SOURCES. SUBJECT TO VERIFICATION AND ADJUSTMENT DURING
FINAL DESIGN.
65
Rev. No.Date
33
500' SIGHT LINE
(45 MPH DESIGN
SPEED)
DRIVER EYE LOCATION
ALT 2
APPROXIMATE CENTER
OF LANE
DRIVER EYE LOCATION
ALT 1
APPROXIMATE CENTER
OF LANE
APPROXIMATE CENTER
OF LANEAPPROXIMATE CENTER
OF LANE
15+0114+5014+0013+5013+0012+5012+0011+5011+0010+5010+009+509+008+50
8+007+507+006+506+005+505+00.09
14+99.9014+5014+0013+5013+0012+5012+0011+50
11+0010+5010+00
9+509+008+508+007+507+006+506+005+504+99.04
14.5'14.5'
500' SIGHT LINE
(45 MPH DESIGN
SPEED)
X X
4+00 4+50 5+00 5+50 6+00 6+50 7+00 7+50 8+00 8+50 9+00 9+50 10+00 10+50 11+00 11+50 12+00 12+50 13+00 13+50 14+00 14+50 15+00 15+50
605
610
615
620
625
630
635
640
605
610
615
620
625
630
635
640
4+50 5+00 5+50 6+00 6+50 7+00 7+50 8+00 8+50 9+00 9+50 10+00 10+50 11+00 11+50 12+00 12+50 13+00 13+50 14+00 14+50 15+00 15+50
610
615
620
625
630
635
640
610
615
620
625
630
635
640
ALTERNATIVE 2 ENTRANCE 3 (WOODS MILL) SIGHT DISTANCE PROFILE
ALTERNATIVE 1 ENTRANCE 3 (WOODS MILL) SIGHT DISTANCE PROFILE
(EXISTING PRIVATE ENTRANCE)3.5' OBJECTHEIGHT3.5' OBJECTHEIGHT3.5' OBJECTHEIGHT3.5' OBJECTHEIGHT3.5' EYEHEIGHT3.5' EYEHEIGHTPROP GRADE
EXISTING
GRADE
500' SIGHT LINE
500' SIGHT LINE
EXISTING
GRADE
EXISTING PRIVATE
ENTRANCE TO BE
UTILIZED
EXISTING
GRADE
500' SIGHT LINE
500' SIGHT LINE
EXISTING
GRADEXX
X
EXISTING FENCE
FREDERICK COUNTY, VIRGINIASIGHT DISTANCE EVALUATIONSREDBUD RUN SOLAR PROJECT151 Windy Hill LaneWinchester, Virginia 22602Telephone: (540) 662-4185Fax: (540) 722-9528www.greenwayeng.comFND1971ENGINEERINGSHEET OF
DESIGNED BY:
FILE NO.
SCALE:
DATE:PROUDLY SERVING VIRGINIA & WEST VIRGINIAOFFICES IN: WINCHESTER, VA & MARTINSBURG, WVSTONEWALL MAGISTERIAL DISTRICT1/18/2022
CM/ZJ
0844O
ENTRANCE 3
ALT 2
ENTRANCE 3
ALT 1
AS SHOWN
NOTES:
1.ANY BRUSH WITHIN THE ROW CONFLICTING WITH THE SIGHT LINE TO
BE CLEARED.
2.PROJECT DESIGN CURRENTLY IN CONCEPTUAL STAGES AND SIGHT
DISTANCE PROFILES HAVE BEEN DEVELOPED FROM AVAILABLE
DATA INCLUDING GIS, AERIAL, FIELD WORK, AND OTHER RELEVANT
SOURCES. SUBJECT TO VERIFICATION AND ADJUSTMENT DURING
FINAL DESIGN.
VICINITY MAP
ALT #2
ENTRANCE 3
ALT #1
ENTRANCE 3
6 6
Rev. No.Date
34
Frederick County
Impact Analysis Statement for
Conditional Use Permit Application
Redbud Run Solar LLC
106 Isabella St, Suite 400
Pittsburgh, PA 15212
35
2
Table of Contents
Project Narrative .........................................................................................................................................3
Description of the Owner ..............................................................................................................................3
Description of Property .................................................................................................................................3
Compliance with County Regulation .............................................................................................................5
Project Overview.........................................................................................................................................5
a.Facility Summary ..............................................................................................................................5
b.Construction Schedule ......................................................................................................................6
c.Operations and Maintenance Plan ...................................................................................................6
Impact Analysis ..........................................................................................................................................6
Ecological Resources ...................................................................................................................................7
a.Water Resources ..............................................................................................................................7
b.Protected Species .............................................................................................................................8
Cultural Resources .......................................................................................................................................8
Economics ....................................................................................................................................................9
Community Outreach ....................................................................................................................................9
Safety ..........................................................................................................................................................10
Traffic ..........................................................................................................................................................10
Prime Farmland ..........................................................................................................................................11
Visual ..........................................................................................................................................................11
Air & Noise ..................................................................................................................................................11
Consistency with Frederick County Comprehensive Plan ...................................................................12
Potential Route 37 East Bypass .................................................................................................................12
Decommissioning Plan ............................................................................................................................13
Project Contacts .......................................................................................................................................13
36
3
PROJECT NARRATIVE
This Impact Analysis Statement has been prepared in support of a Conditional Use Permit (“CUP”)
application submitted by Redbud Run Solar LLC (“Redbud Run Solar” or “Applicant”), a wholly owned
subsidiary of Oriden LLC (“Oriden”, “Facility Owner” and “Operator”). Oriden is the renewable energy
development arm and a group company of Mitsubishi Power Americas, Inc. (“MPA”).
Redbud Run Solar plans to construct a small utility-scale solar energy facility (“Facility”) in Frederick County,
Virginia. The proposed Redbud Run Solar project (“Project”) will have a project nameplate of up to 30 MWac
and will be located on a tract of land containing approximately 263 acres of pasture and timberland adjacent
to Woods Mill Road (VA Route 660), of which approximately 150 acres will be developed with solar panels
and related facilities enclosed by security fencing.
DESCRIPTION OF THE OWNER
Oriden is comprised of a team of experienced renewable project development professionals that have over
3 GW of development and 752 MW of operational asset experience.
Oriden is a full-service renewable energy developer from concept to operations, with capabilities spanning
across site selection, environmental and regulatory permitting, interconnection, power marketing, project
financing, EPC, and O&M.
As a wholly owned subsidiary of Mitsubishi Heavy Industries, Ltd (“MHI”) and MPA, Oriden has access to
a large balance sheet that is capable of supporting the Project’s financing requirements. Since its inception
in 2019, Oriden has developed a diverse portfolio of solar photovoltaic (“PV”) and energy storage system
(“ESS”) projects across the U.S. including a sizable near-term development pipeline with growth potential
backed up by long-term financial commitments.
Oriden’s first solar + energy storage project was constructed in late 2020 and currently has two other solar
projects currently under construction that are slated to come online in early 2022.
Together, the Oriden team members take pride in our 130 years of combined experience in the U.S.
renewable energy industry. The team has taken a leading role in taking over 3 GW of renewable energy
generation projects, as small as 1.5MW and as large as 370MW, from inception through development and
into construction. Having navigated through the challenges of both early and late-stage developments, the
team is well versed in the tasks required to overcome inevitable obstacles and advance projects into
operations.
DESCRIPTION OF PROPERTY
The Project is located approximately 2 miles east of Interstate 81, roughly 0.5-miles north of Berryville Pike
(VA Route 7) near the intersection of Woods Mill Road (VA Route 660) and Pine Road (VA Route 661) in
the Stonewall Magisterial District. The Project consists of a total of nine (9) parcels. Two of the parcels,
totaling approximately 263 acres, are under lease option for the solar Facility, and two are under lease
option for Facility access. The other five parcels are easement agreements for an underground, medium
37
4
voltage electric line connecting the solar Facility to the pole-mounted Point of Interconnection (“POI”)
located approximately 0.5-miles northwest of the site.
The parcels comprising the CUP application are as follows:
Project Parcels
Tax Map
Number Owner Acreage Zoning Project Component
55-A-136 JRW Properties &
Rentals Inc 128.99 RA Solar Arrays and Equipment
55-A-137 JRW Properties &
Rentals Inc 134.00 RA Solar Arrays and Equipment
55-A-1-19 JRW Properties &
Rentals Inc 0.94 RA Facility Access
(Entrance 3 - Alternative 2)
55-A-1-21 Robert L. Williams 2.57 RA
Facility Access
(Entrance 3 - Alternative 1) and
Underground Single-Phase Electrical
Service
55-A-135 Ronald A. & Mary C.
Lee 6.00 RA Underground Interconnection Line
55-A-134 Allen R. Conner 11.00 RA Underground Interconnection Line
44-A-297 Allen R. Conner 13.78 RA Underground Interconnection Line
44-A-295 William M. Rexrode 3.89 RA Underground Interconnection Line
44-A-294A Tonie Wallace 176.25 RA
Underground Interconnection Line /
Pole-mounted Point of
Interconnection
The four parcels proposed for development with solar PV arrays, related equipment, and Facility access
are zoned RA, Rural Areas District. The parcels proposed for solar PV arrays are currently in various forms
of agricultural use, including pasture, hayfield, and forestland. One parcel proposed for Facility access
(“Alternative 1”) includes an existing driveway, residence, and out-building. A second parcel proposed for
Facility access (“Alternative 2”) is vacant with mature woodlands. The five parcels proposed for locating the
underground interconnection line and pole-mounted POI are also zoned RA and currently contain
residential uses or are vacant.
38
5
COMPLIANCE WITH COUNTY REGULATION
In accordance with Section 165-401.03.CC. of the Frederick County Zoning Ordinance (“Zoning
Ordinance”), a utility-scale solar power generating facility is permitted in the RA District with approval of a
Conditional Use Permit (“CUP”). The Concept Plan submitted with the CUP application demonstrates
compliance with applicable requirements of the RA District as well as other relevant provisions of the Zoning
Ordinance, notably concerning protection of environmental features. Utility-scale solar power generating
facilities are further subject to the Additional Regulations for Specific Uses applicable to Public Utilities.
Specifically, Section 165-204.26.2. requires a facility developer to enter into a written decommissioning
agreement and obtain site plan approval prior to establishment of the use, both of which will be completed
for the Project. Moreover, the required site plan will address the technical design standards of relevant
review agencies internal and external to Frederick County, thereby ensuring compliance with applicable
County and state regulations.
PROJECT OVERVIEW
a.Facility Summary
The Facility will utilize mounted photovoltaic solar panels to convert sunlight into direct current (“DC”)
electricity, which will be converted to alternating current (“AC”) electricity via solar inverters. These solar
inverters will consist of skid-mounted inverters/transformers, and the total facility capacity will be up to
30,000,000 Watts (AC).
The Facility will consist of approximately 71,000 photovoltaic (“PV”) solar panels mounted on a solar racking
system. The Project is expected to use a fixed tilt racking system. Fixed tilt panels will be installed in east
to west rows, with the panels facing south. A preliminary site layout showing the approximate location and
spacing of solar panels is provided as Attachment 1. The site layout will continue to be refined through the
detailed engineering design phase.
The inverters will balance the module output in terms of voltage and current in DC power and then invert
the power into 630-volt AC power output. Each skid will hold inverters and one padmount transformer to
transform the voltage to 34.5 kV. The Project will include the following key components:
Rows of PV panels mounted on posts driven into the ground. Rows of panels are typically spaced
20-40 feet apart to minimize shading from each racking table. Each post is placed individually in
an effort to minimize the amount of on-site grading. Redbud Run Solar is planning to build solar
arrays on racks that would cover approximately 103.3 acres, or 39%, of the Facility area.
Electrical collection and communications lines are either mounted on the racking, buried in
conduits, or located on overhead utility poles.
Communication and facility control system and related equipment.
Unpaved on-site access roads 14-ft wide with sufficient turning radii, grassy and gravel driving
aisles, and three entrances from Woods Mill Road allowing a maintenance vehicle to drive around
the solar array.
Chain link security fencing located around the perimeter of the solar array areas spaced 15ft-25ft
from the racking tables.
39
6
Stormwater, erosion and sedimentation control features and basins are located in the solar array
areas based on preliminary civil engineering recommendations.
Temporary construction staging areas.
The Project will interconnect to the Redbud-Gaylord 34.5 kV Rappahannock Electric Cooperative
(”Rappahannock”) line located approximately 0.5-mile northwest of the site. Power will be delivered to the
POI via an underground medium voltage electric line within a 30-foot-wide easement. Interconnection
applications were submitted to PJM Interconnection (“PJM”) and Rappahannock in July 2020 and studies
are in progress. An Interconnection Agreement is expected to be executed for the Project in 2022.
b.Construction Schedule
Upon completion of all permitting requirements, construction of the Project is anticipated to take
approximately nine to twelve months, from issuance of notice to proceed, to achieve commercial operation.
Construction is anticipated to begin with civil site work in late 2022, with equipment installation to begin in
early 2023. The proposed commercial operation date is December 2023 with final site restoration activities
(e.g., site clean-up, finish grading, seeding, and mulching) to occur in early 2024.
c.Operations and Maintenance Plan
Redbud Run Solar is evaluating multiple Tier 1 O&M contractors for this Project. The contractor will have a
dedicated team of field service engineers and technicians who actively oversee the quality and performance
of the Project by using preventive, corrective, and predictive maintenance approaches. Each of these
methods employs some or all of a number of services to include, but not limited to, performance monitoring
and diagnostics, energy forecasting, warranty administration, and preventative maintenance, which could
include module cleaning, IV Curve analysis, thermographic & aerial imaging, vegetation control,
Supervisory Control and Data Acquisition (“SCADA”) systems, and parts replacement.
The scope of O&M would further include scheduled and unscheduled maintenance. The scheduled
maintenance is outlined by equipment manufacturer product manuals, and the unscheduled maintenance
would involve fixing problems once they occur. Given Oriden’s capability to leverage the in-house
knowledge of our team member’s past professional experience as both asset managers as well as
operators, combined with preferred O&M firm’s vast experience and knowledge of O&M services, we are
confident that the exacting specifications for facility performance will be met.
IMPACT ANALYSIS
In accordance with Section 165-103.02 of the Zoning Ordinance, the Board of Supervisors must consider
several standards when deciding whether to approve a CUP request. The intent of these inter-related
standards is to protect the health, safety, and welfare of County residents and ensure the proposed use will
not adversely impact the surrounding community. The Project satisfies the standards for approval as
follows:
The Project is a passive land use that will be integrated into the landscape in a manner that is
harmonious with the established rural character of the area. The Project will maintain the existing
size and configuration of the subject parcels and will generally follow existing topography. By
forestalling subdivision of the property, the Project will ensure that the established pattern of
40
7
development in this area is preserved. Additionally, the Project’s operation will not add traffic to
the rural road network, nor will noise, light, or vibrations be generated, which will avoid disturbance
to the existing rural character of the area.
The Project’s passive nature will further promote its harmonious co-existence with surrounding
properties. In addition to its lack of traffic-, noise-, light-, or vibration-related impacts, the Project’s
design will avoid and minimize adverse effects to the viewsheds enjoyed in the surrounding area.
Mature trees will be preserved along existing stream and drainage channels within the site as well
as along site boundaries. Where existing vegetation does not exist or is otherwise insufficient,
supplemental landscaping will be planted. The combination of tree preservation and new
landscape plantings will mitigate potential visual impacts to surrounding properties and protect
rural viewsheds.
The Project will advance the goals and policies of the Frederick County Comprehensive Plan by
establishing an interim use of agricultural land that will preempt residential subdivision and
generate revenue for both the owner and County for the duration of the Project lease. By
forestalling subdivision, the Project will preserve the subject acreage for future agriculture or other
rural use and promote the directing of new residential growth away from the rural areas to the
Urban Development Area (“UDA”).
The Project will preserve the natural character of the subject acreage and surrounding area
through site design that integrates and protects interconnected environmental resources, to
include streams, riparian buffers, steep slopes, and mature vegetation. Such onsite resource
protection supports the contiguity and cohesiveness of natural corridors that extend onto adjoining
properties, thereby promoting the vitality of wildlife habitats and other ecosystems in the
surrounding area and County overall.
The Project is a passive use that will neither require nor impact public services. Project operations
will not generate any daily vehicular traffic, as access will only be required for periodic maintenance
activities. Such access will be provided by three entrances on Woods Mill Road, the existing
condition of which is adequate to accommodate the Project’s limited vehicular trips. Installation of
the Project entrances will further occur in accordance with applicable VDOT design and permitting
requirements. The Project can be developed without impacting drainage conditions in the
surrounding area and will be designed to comply with current County and state stormwater
management requirements. The Project will therefore be adequately served by existing and
planned infrastructure.
The Project will conform to the applicable regulations of the RA, Rural Areas District. Notably, the
required setbacks of the district are used to establish the perimeter boundaries of the solar array
land bays, wherein all Project structures and equipment will be located. Moreover, setbacks have
been increased voluntarily to 100 feet where possible in response to community feedback.
A detailed analysis of Project impacts is provided in the following sections.
ECOLOGICAL RESOURCES
a.Water Resources
Field surveys conducted by Pennoni in November 2020 and September 2021 identified stream and wetland
resources within the Project area. The Project has been designed to avoid direct impacts to these sensitive
41
8
resources. Underground medium voltage electric lines will be installed below two perennial streams
(unnamed tributaries to Opequon Creek) and one wetland via conventional bore to avoid impacts.
A request for a Preliminary Jurisdictional Determination (“PJD”) was submitted to the U.S. Army Corps of
Engineers (“USACE”) in August 2021. A supplemental PJD request for additional properties studied this
Fall was submitted in October 2021. Whereas an applicant may pursue an Approved JD when the
jurisdiction of a particular resource is in question, a PJD is typically pursued in instances where the applicant
presumes all streams and wetlands delineated are under federal jurisdiction. USACE’s PJD is expected in
February 2022. A copy of the PJD will be forwarded upon receipt.
The streams identified within the Project area by Pennoni’s delineation differ from those depicted by County
GIS data in certain areas. Based on established practice, the County will accept the results of the
delineation as the basis for site design with submission of the PJD indicating concurrence of the U.S. Army
Corps of Engineers with Pennoni’s findings. The CUP Concept Plan depicts stream resources per
Pennoni’s delineation and applies required riparian buffers accordingly.
No Federal Emergency Management Agency (“FEMA”) floodplains are within the Project area.
Erosion and sediment control plans and stormwater management plans, designed in accordance with
Virginia Department of Environmental Quality Erosion and Sediment Control Regulations and Stormwater
Management Program Regulations, respectively, will be approved prior to any land-disturbing activity and
the Project’s Building Permit issuance.
No water supply or sewage facilities are needed for the Project. Routine maintenance, such as panel
cleaning, may require water to be trucked in periodically.
b.Protected Species
Redbud Run Solar submitted a Project Review request to the Virginia Department of Conservation and
Recreation (“DCR”) in September 2021. DCR’s response from October 2021 confirmed that no natural
heritage resources have been documented within the Project boundary. DCR noted that the Project is partly
within an area identified by the Virginia Natural Landscape Assessment as including interior forest habitat.
This area received the lowest rating, indicating that it is least ecologically relevant. As recommended by
DCR, Redbud Run Solar has designed the Project to minimize fragmentation by locating the facility primarily
around existing open fields to minimize forest clearing, and by avoiding disturbance in natural forested
riparian corridors throughout the site to provide connectivity for wildlife habitat.
Redbud Run Solar also completed a review of the information and data available through the Virginia
Department of Game and Inland Fisheries’ (“VDGIF”) Fish and Wildlife Information Service (“FWIS”) and
Wildlife Environmental Review Map Service (“WERMS”). No sensitive resources were identified within the
Project area.
A copy of the protected species search results and consultations is provided as Attachment 2.
CULTURAL RESOURCES
Cardno was commissioned to review the Virginia Department of Historic Resources (“DHR”) CRIS and
complete Cultural and Historic Resource fieldwork to allow the Project to meet the VA Department of
42
9
Environmental Quality (“DEQ”) Permit by Rule requirements. Cultural resource surveys were completed in
May and September 2021, and the results were submitted to the DHR in December 2021. A Phase I Cultural
Resource Identification Survey report (“Phase I Survey”) is provided as Attachment 3.
Cardno’s Phase I Survey concluded that the Project site will not affect protected archaeological resources
or sites that have historical, cultural, or sacred significance. The Phase I Survey further determined that the
Project will not impact protected historic properties in the Project vicinity due to the combination of existing
vegetation and topography. Virginia DEQ concurred with the survey methodology and findings in December
2021. A response from DHR is pending.
ECONOMICS
An analysis of the economic and fiscal impact was conducted by Mangum Economics, and the report is
provided as Attachment 4. The Project would provide an estimated one-time pulse of economic activity to
Frederick County during its construction phase supporting approximately 111 temporary construction jobs,
$6.4 million in associated labor income, and $17.2 million in associated economic output (e.g., spending
for food, lodging and other services). The estimated annual economic impact during operation of the Project
would support approximately 2 jobs, $89,800 in associated labor income, and $236,100 in associated
economic output. The Project will also make a significant fiscal contribution to Frederick County, through
an estimated $0.5 million in state and local tax revenue from a one-time pulse of economic activity during
Project construction. Over the anticipated 30-year operational life of the Facility, the Project is estimated to
generate approximately $2.2 million in cumulative county revenue via real estate and machine and tool
taxes, as compared to approximately $16,800 should the property remain in the current agricultural use.
An analysis of the property values for adjoining properties was conducted by Kirkland Appraisals, and the
report is provided as Attachment 5. The analysis concluded that the adjoining properties are well set back
from the proposed solar panels. Most of the site has good existing landscaping for screening, and additional
supplemental vegetation is proposed to supplement screening. The matched pair analysis shows no impact
on home values due to abutting or adjoining a solar farm, as well as no impact to abutting or adjacent
vacant residential or agricultural land where the solar farm is properly screened and buffered. The criteria
that typically correlates with downward adjustments on property values (e.g., noise, odor, traffic) indicate
that a solar farm is a compatible use for rural/residential transition areas and that it would function in a
harmonious manner with this area.
COMMUNITY OUTREACH
Redbud Run Solarhas taken a proactive approach to engaging the local community. Conceptual Project
design details have been shared with upwards of two dozen adjoining landowners, who have provided
valuable feedback. Such feedback has generally been positive, particularly regarding the Project’s planned
vegetative screening; avoidance of riparian corridors, streams, and wetlands; and minimal to no impact on
traffic, noise, and other disruptions when compared to a residential subdivision.
As a result of community feedback, Redbud Run Solar has voluntarily adopted a 100-foot side and rear
setback where possible, which in many areas exceeds the Frederick County minimum Ordinance
requirement of a 50-foot setback.
A community open house will be held at Historic Jordan Springs in February 2022.
43
10
SAFETY
As utility-scale solar developments are a relatively new type of development, it is common for communities
to have questions about potential health and safety impacts. Solar technology has been in use and studied
for decades, with wide scientific consensus that solar PV does not contribute to any significant health
dangers to the surrounding community.
Solar equipment and facilities are designed to strict electrical safety standards for safe operation. Product
safety standards, installation requirements, and building codes for solar facilities are addressed by the
National Fire Protection Agency’s National Electrical Code, the International Code Council’s International
Fire Code, the International Association of Firefighters, and several other safety and product standards
groups.
Redbud Run Solar will use Crystalline-Silicon PV panels. The structural component of these panels
primarily consists of glass, an aluminum frame, and common plastics, while the functioning component
(typically less than 5% of the panel weight) includes the silicon PV cells and electric leads and wires. While
the panels contain small amounts of lead in soldering, this soldering is sealed within the panel away from
moisture to avoid corrosion. A damaged panel results in significantly decreased power generation and is
promptly replaced. Furthermore, toxicity characteristic leaching procedure (“TCLP”) testing, which
evaluates if heavily damaged panels in would leach hazardous substances in a landfill setting, does not
indicate risks of leaching for Crystalline Silicon PV panels.
The Project will also use inverters to convert the DC electricity from the panels to AC electricity for delivery
to the power grid. This AC electricity produces electromagnetic fields at a very low frequency (i.e., low
energy), which has less energy than radio waves, and is equally as harmless as the EMF generated by
electricity and appliances within a home.
The Project was submitted to the Federal Aviation Administration (“FAA”) for an aeronautical study. The
FAA determinations received in February 2021 indicate the Project will not be a hazard to air navigation.
Redbud Run Solar, in collaboration with the O&M contractor, will be fully responsible for the security of the
facility, for maintaining consistent safety standards within the Project area, and for communicating with first
responders in the event of an emergency. Local first responders will be given training regarding safety and
system shutdown procedures. Security lighting may be used in select locations where needed, but overall,
the Project will not be lit.
TRAFFIC
Three permanent entrances are proposed on Woods Mill Road (VA Route 660) to provide vehicular access
to each of the Project’s solar array land bays. A temporary entrance is also proposed on Pine Road for use
during the Project’s construction phase. Traffic generation will be greatest during Project construction but
will drop precipitously once the Project is operational and will remain virtually non-existent thereafter. In
fact, the Project will not generate any daily traffic, as vehicular access will be limited to periodic site visits
by the O&M contractor. As such, the Project will have no discernable impact on Woods Mill Road or the
surrounding rural road network.
44
11
Two locations are under consideration for access to the northernmost land bay (Entrance 3 - Alternative 1
and Alternative 2). Alternative 1 would utilize an existing driveway. Alternative 2 would require construction
of a new entrance. Sight distance profiles indicate that sight distance requirements at Alternative 1 would
not be met due to topography and fencing on an adjacent property; however, Redbud Run Solar intends to
apply for an exemption from the sight distance requirements based on planned traffic safety measures and
the advantages of utilizing an existing entrance. Alternative 2 is included with the CUP application to enable
its use in the event VDOT does not approve the sight distance exemption for Alternative 1.
Sight distance requirements can be met as-is or with minimal site work at the other proposed permanent
entrances on Woods Mill Road. Supporting information is included with the Concept Plan.
PRIME FARMLAND
Approximately 50.2 acres (19%) of the Project area consist of soils classified as prime farmland, portions
of which will be used for solar arrays and related equipment. The interim nature of the Project will enable
these soils to be returned to active agriculture upon decommissioning, should the owner choose to do so.
VISUAL
Solar panels are designed to absorb as much light as possible; they are dark in color and are treated in
anti-reflective coating such that they only reflect approximately 2% of incoming light, less than soil or even
wood shingles. Solar panels have been approved by the Federal Aviation Administration for installation on
and around airports across the country because of their low reflectivity.
That said, the Project’s design includes measures to minimize impacts to viewsheds enjoyed in the
surrounding area. Mature trees and existing undergrowth will be preserved along existing stream and
drainage channels within the site as well as along site boundaries at minimum depths ranging from 50 feet
to 100 feet. Where existing vegetation does not exist or is otherwise insufficient, supplemental landscaping
will be planted, notably along the Project’s frontage on Woods Mill Road. Such landscaping will consist of
a double row of evergreen plantings six (6)-feet in height at time of installation, with the row closest to the
road interspersed with deciduous plantings to create a more natural and aesthetically appealing visual
screen. Coupled with the site’s favorable topography, the combination of tree preservation and new
landscape plantings will mitigate potential visual impacts to surrounding properties and protect rural
viewsheds. Visualizations of the Project from Woods Mill Road are provided in Attachment 6.
AIR & NOISE
As with any construction project using conventional equipment, limited emissions from the exhaust of
construction equipment will occur during the construction phase of the Project. The Erosion and Sediment
Control Plan will be adhered to, minimizing the potential for fugitive dust impacts during construction
activities. Once construction is complete, an operating solar farm is not a source of air emissions.
Temporary, elevated noise levels will occur during the construction phase of the Project, but once
construction is complete, an operating solar farm includes inverters and transformers which emit only
minimal noise during the day and are dormant at night. Inverters and transformers are located internally
within the facility, away from adjoining properties. In addition, Redbud Run Solar has proactively taken
steps to minimize and mitigate visual impacts of the Project through vegetative buffers and setbacks from
property lines, which enhance Facility safety and security considerations as well as provide additional sound
45
12
dampening benefits as well. Therefore, adjoining landowners will not experience noise impacts as a result
of facility operations.
CONSISTENCY WITH FREDERICK COUNTY COMPREHENSIVE PLAN
The Frederick County Comprehensive Plan (“Comprehensive Plan”) indicates that “utility-scale solar
facilities are typically passive uses with limited impacts to the environment and rural character” that can
“facilitate the preservation of agricultural and rural land for future use” and “provide opportunities for
landowners to recoup value from their property without subdividing” (Chapter IV, p. 35). As such, the
Comprehensive Plan is generally supportive of establishing this land use in appropriate areas, with the
CUP process identified as the mechanism for ensuring that surrounding properties are protected from
potential impacts.
The topography and configuration of the Project site enable the proposed utility-scale solar facility to be
established and operated without adverse impact to surrounding properties or the prevailing rural character
of the area. Specifically, the terrain is such that the solar arrays can be effectively screened from view from
Woods Mill Road and adjoining properties through a combination of existing mature vegetation and new
landscape plantings. Additionally, streams and riparian corridors within the site include substantial areas of
mature woodlands, the preservation of which will provide continuity to existing viewsheds after Project
development. These unique characteristics combine to make the subject property an appropriate location
for a utility-scale solar facility consistent with the Comprehensive Plan.
The Project also represents an alternative means of revenue generation for the property owner that does
not require residential subdivision, and further enables the owner to return the property to active agriculture
after the lease term ends and the facility is decommissioned. These outcomes promote the inter-related
goals and policies of the Comprehensive Plan concerning residential development and farmland
preservation. Specifically, by forestalling subdivision of the property, the Project eliminates the potential for
by-right residential development on 263 acres of rural land for the duration of the lease term (30 years). As
such, the Project will facilitate direction of residential growth away from the rural areas and toward the UDA,
where it is desired. Additionally, the required decommissioning process will enable the property to be
returned to active agriculture, effectively preserving valuable farmland for future use.
POTENTIAL ROUTE 37 EAST BYPASS
The Comprehensive Plan includes a potential expansion of the Route 37 East Bypass, a portion of which
crosses the proposed Project site. To the applicant’s knowledge, right-of-way has not been acquired and
VDOT funding has not been allocated for the bypass expansion; however, the Comprehensive Plan
indicates that it is a priority for the county’s long-term planning. Therefore, the facility design will
accommodate potential construction of the future Route 37 East Bypass during the facility’s life cycle. To
that end, the following design measures will be applied:
Solar PV panels proposed within the planned Route 37 East Bypass corridor will be placed
strategically to enable removal without compromising facility operation.
Permanent entrances to the facility will be located to the north and south of the planned Route 37
East Bypass corridor to avoid the need for relocation and/or redesign.
Inverter pads, underground collection lines, and related improvements will be placed to minimize
the need for relocation.
46
13
Underground collection lines crossing the planned Route 37 East Bypass corridor will be
appropriately encased during installation to support continuous and safe operation in the event of
road construction.
Redbud Run Solar will also commit to working with VDOT on ensuring the compatibility of the facility with
the potential bypass, should the road’s construction ultimately move forward.
DECOMMISSIONING PLAN
At the end of the project’s life, the Project infrastructure will be decommissioned and removed. As added
protection for Project landowners and the County, Redbud Run Solar will put financial security in place
within ninety (90) days of achieving commercial operation ensuring that neither the County nor the
landowners will bear responsibility for decommissioning or restoration. A decommissioning plan has been
prepared for the Project and is provided in Attachment 7. This plan will be refined to include cost estimates
prior to County review and approval of the Site Plan.
PROJECT CONTACTS
Gary Verkleeren
Director, Construction & Development
106 Isabella Street, Suite 400
Pittsburgh, PA 15212
P: (412) 915-9017
E: Gary.Verkleeren@OridenPower.com
Ali Trunzo
Manager, Development
106 Isabella Street, Suite 400
Pittsburgh, PA 15212
P: (412) 230-6684
E: Ali.Trunzo@OridenPower.com
Chris Mohn
Principal / Director of Planning
Greenway Engineering, Inc.
151 Windy Hill Lane
Winchester, VA 22602
P: (540) 662-4185
E: CMohn@GreenwayEng.com
47
Decommissioning Plan
Redbud Run Solar Project
Frederick County, Virginia
Redbud Run Solar LLC
106 Isabella St, Suite 400
Pittsburgh, PA 15212
48
2
Table of Contents
1. Introduction ............................................................................................................................................... 3
2. Decommissioning Process ........................................................................................................................ 3
Sequence of Activities ............................................................................................................................ 3
Timing for Decommissioning .................................................................................................................. 4
Partial Decommissioning ........................................................................................................................ 4
Completion of Decommissioning ............................................................................................................ 4
3. Decommissioning Cost Estimate .............................................................................................................. 4
4. Financial Security ...................................................................................................................................... 5
Default by the Facility Owner .................................................................................................................. 5
49
3
1. INTRODUCTION
This Decommissioning Plan ("Plan") has been prepared for the Redbud Run Solar Project ("Project")
located in Frederick County, Virginia ("County"), and shall be binding on each successor and assignee
("Facility Owner"). The purpose of the Plan is to describe the decommissioning process for the Project.
Pursuant to this Plan, a Decommissioning Cost Estimate will be provided for County review prior to the Site
Plan approval and updated every five (5) years during the Project Life.
The proposed Project is located on approximately 263 acres, with approximately 150 acres proposed within
the fence line. The Project will interconnect to the Rappahannock Electric Cooperative 34.5kV line, located
approximately 0.5-mile north of the site. The Project is expected to operate for a minimum of 30 years
based on the anticipated useful life of the facility equipment and warrantees thereof.
2. DECOMMISSIONING PROCESS
The expected life of the Project is the period during which the facility can produce electrical energy
("Project Life"). The Project has been designed for a lifespan of 30 years or greater. At the end of the
Project Life, or earlier in the event of abandonment of all or a portion of the Project, the Facility Owner
shall decommission the Project, or a portion thereof.
Most components of the Project are composed of valuable recyclable materials, including glass
semiconductor material, steel, aluminum, and wiring, and will therefore be salvageable, recyclable,
reusable, or resaleable. At the conclusion of the Project Life, these components are typically removed,
dissembled (if applicable), packaged and shipped for re-sale or to a salvage/recycling facility or other
processing facility where possible, or to a landfill for disposal.
SEQUENCE OF ACTIVITIES
The following sequence of activities is anticipated for decommissioning:
1. Access roads are repaired/reinforced as necessary to support heavy equipment traffic.
2. Sediment control systems are installed according to best management practices (“BMPs”) to
control erosion and protect neighboring properties and sensitive resources.
3. The facility is disconnected from the utility power grid and solar arrays are de-energized.
4. Solar modules are disconnected, collected, and either shipped to another project, salvaged, or
submitted to a collection and recycling program.
5. Electrical interconnection, wiring, and distribution cables are removed and recycled off-site by an
approved recycler. Inert materials below a depth of 36 inches may be abandoned in place if
removal would result in greater disturbance.
6. Array steel piles and racking are removed and recycled off-site by an approved metals recycler.
Inert materials below a depth of 36 inches may be abandoned in place if removal would result in
greater disturbance.
7. Electrical and electronic devices, including transformers and inverters are removed and recycled
off-site by an approved recycler.
50
4
8. Concrete pads (if used for the transformers and inverter blocks) are removed and recycled and/or
repurposed.
9. Fencing is removed and recycled off-site by an approved recycler.
10. Project access and internal roads can either remain onsite should the landowner choose to retain
them, or be removed and the gravel repurposed either on- or off-site.
11. Unless agreed otherwise by the landowner, the Project site is restored to pre-construction
conditions, to the extent feasible, by de-compacting subsoils (if required) and revegetating
disturbed land. Restoration will be completed in consultation with the landowner(s) in accordance
with applicable land use regulations in effect at the time of Decommissioning.
The Project is not expected to generate hazardous materials. In the unlikely event that hazardous
materials, as defined by federal, state and/or local laws, are encountered, the Facility Owner shall
dispose of such materials in accordance with applicable federal, state and local laws and regulations.
TIMING FOR DECOMMISSIONING
Decommissioning will commence upon the earlier of: (i) Completion of the Project Life; or (ii)
Abandonment of the Project or any portion thereof.
If the Project or any portion thereof has ceased operations and is not maintained for a continuous period
of longer than one (1) year and decommissioning is required before the end of the Project Life, the
County may provide written notice of suspected abandonment to the Facility Owner. Upon receipt, the
Facility Owner shall have a sixty (60) day period in which to refute the claim, remedy any problem,
commence Decommissioning, or show why more than sixty (60) days is reasonably necessary to remedy
the problem. If at the end of the sixty (60) day period the parties are unable to resolve amicably any
dispute arising out of or in connection with this Decommissioning Plan, then such dispute shall be
resolved by an action filed in the Circuit Court of Frederick County, Virginia.
PARTIAL DECOMMISSIONING
If Decommissioning is triggered for a portion, but not the entire Project, prior to the end of the Project Life,
the Facility Owner shall commence and complete Decommissioning, in accordance with the
Decommissioning Plan, for the applicable portion of the Project. If a portion of the Project is
Decommissioned, the remaining portion of the Project would continue to be subject to this
Decommissioning Plan.
COMPLETION OF DECOMMISSIONING
Decommissioning will be complete when the County Construction Official or County Engineer, or another
party appointed by the County, determines that Decommissioning has been completed in accordance
with this Decommissioning Plan by issuance of a letter to the Facility Owner.
3. DECOMMISSIONING COST ESTIMATE
The Facility Owner shall provide an estimate of the cost to decommission the Project (the
"Decommissioning Cost Estimate") prepared by a Virginia Licensed Engineer prior to Site Plan approval.
The Decommissioning Cost Estimate will account for the gross estimated cost to perform
51
5
decommissioning and account for administrative and inflation factors as well as the estimated resale and
salvage values associated with the Project equipment. A 10% reduction will be applied to the resale and
salvage value.
During the Project Life, the Facility Owner will provide an updated Decommissioning Cost Estimate to the
County on every 5th year anniversary of the date when the Project first began to continuously deliver
electric energy to the electric grid for commercial sales (the "Commercial Operation Date"). The updated
Decommissioning Cost Estimate will account for inflation, cost and value changes, and advances in
decommissioning technologies and approaches.
4. FINANCIAL SECURITY
Financial security shall be in an amount equal to the Decommissioning Cost Estimate (the
"Decommissioning Security"). The Decommissioning Security may be provided in the form of certified
funds, cash escrow, bond, letter of credit, or parent guarantee, and will be provided within ninety (90)
days of achieving Commercial Operation Date.
The Facility Owner shall adjust the amount of the Decommissioning Security to match the updated
Decommissioning Cost Estimate after each update during the Project Life. The Facility Owner will only be
required to provide one instrument or obligation equal to the Decommissioning Security to satisfy its
obligations to both the County and the landowner.
If the Facility is owned by a public utility company or an independent power producer with an investment
grade credit rating with Moody's or Standard and Poor's (a "Qualified Company"), no financial security will
be required. This does not negate the Facility Owner’s financial security obligations to the landowner as
established in the Lease Agreement.
DEFAULT BY THE FACILITY OWNER
If the Facility Owner is in default of its obligation to commence or complete Decommissioning, and such
default remains uncured for more than sixty (60) days, each landowner shall have the right to commence
Decommissioning activities within the area it owns.
Nothing herein shall limit other rights or remedies that may be available to the County to enforce the
obligations of the Facility Owner, including the County's zoning powers.
52
Frederick County – Redbud Run Solar, LLC
Solar Facility Siting Agreement
Page 1 of 12
SOLAR FACILITY SITING AGREEMENT
This Solar Facility Siting Agreement (“Agreement”), dated as of __(MONTH)__
__(DATE)__, 20__ (the “Effective Date”), is by and between Frederick County, Virginia, a
political subdivision of the Commonwealth of Virginia (the “County”) and Redbud Run Solar
LLC a Delaware limited liability company (“Applicant”). The County and Applicant are herein
each a “Party” and collectively, the “Parties”.
RECITALS
WHEREAS, the Applicant intends to develop, install, build, and operate a ground-mounted solar
photovoltaic electric generating facility (“Project ”) on certain parcel(s) of land identified as
Frederick County Tax Map Parcels 55 A 137, 55 A 136, 55 A 1 19, 55 A 135, 55 A 134, 44 A
297, and 45 4 1 3 (collectively, the “Property”);
WHEREAS, Pursuant to Chapter 22, Title 15.2, Article 7.3 of the Code of Virginia titled
“Siting of Solar Projects and Energy Storage Projects” Applicant and the County may enter into a
siting agreement (“Siting Agreement”) for solar facilities in those census tracts which meet the
eligibility requirements for designation as a qualified opportunity zone by the U.S. Secretary of
the Treasury via his delegation to the Internal Revenue Service;
WHEREAS, the Project is located in census tract numbers 511.04 and 501 within Frederick
County and eligible for a designation as an opportunity zone;
WHEREAS, pursuant to Virginia Code §§ 15.2-2316.6 et seq., the Project is eligible for a
Siting Agreement;
WHEREAS, after negotiation between the County and the Applicant, the Parties desire to
enter into this Agreement to mitigate certain potential impacts of the Project.
WHEREAS, pursuant to Virginia Code § 58.1-2636, the County has not adopted an
ordinance assessing a revenue share of up to $1,400.00 per megawatt, as measured in alternating
current (AC) generation capacity of the nameplate capacity of the Solar Facility (“Solar Revenue
Share”), but may choose to do so at a later date;
WHEREAS, Pursuant to Virginia Code § 58.1-3660, if the County adopts the Solar
Revenue Share, the solar photovoltaic (electric energy) systems associated with the Project, which
are considered “certified pollution control equipment;” will be exempt from all state and local
taxation pursuant to Article X, Section 6 (d) of the Constitution of Virginia (the “Tax Exemption”);
WHEREAS, until such time as the County adopts a Solar Revenue Ordinance, such
certified pollution control equipment will be subject to local machinery and tools taxation as
provided by state law and local ordinances, including § 58.1-3660 (C) and (D), commonly known
as the Machinery and Tools Tax Stepdown (“M&T Stepdown”);
53
Frederick County – Redbud Run Solar, LLC
Solar Facility Siting Agreement
Page 2 of 12
WHEREAS, the Applicant has agreed to the payments and financial terms contained
herein;
WHEREAS, pursuant to the requirement of Virginia Code § 15.2-2316.8 (B), the County
has held a public hearing in accordance with subdivision A of Virginia Code § 15.2-2204 for the
purpose of considering this Agreement, after which a majority of a quorum of the members of the
Frederick County Board of Supervisors approved this agreement;
NOW, THEREFORE, pursuant to Chapter 22, Title 15.2, Article 7.3 of the Code of
Virginia, intending to be legally bound hereby and in consideration of the mutual covenants
contained herein, the receipt and sufficiency of which are hereby acknowledged, the County and
Applicant do hereby agree as follows:
Article I
Project Features, Conditions and Mitigation
1.CUP Conditions. The Applicant acknowledges and agrees that it is subject to all the
terms and conditions contained in any conditional use permit (“CUP”) approved by the Board of
Supervisors for the Project. The CUP approved by the Board on __(MONTH)__ __(DATE)__,
20__ is attached hereto as Exhibit B and is hereby incorporated herein. Violation by the Applicant
or by any of Applicant’s agents, assigns, or successors in interest of any terms and conditions of
the CUP or of any other applicable zoning requirements shall constitute a violation of this
Agreement.
2.Annual Valuation of Real Property. As a condition precedent to County approval of
this Agreement, Applicant agrees to provide County with current copies of a summary of the
annual lease payment amounts for each parcel being leased for the Project. Applicant may redact
any other information deemed confidential tax information or proprietary/trade secrets. Thereafter,
should the payment terms be amended in any such lease agreements, the Applicant shall forthwith
provide such information to the County. Applicant further agrees to include as a condition in any
agreements transferring ownership of the Project entered into by Applicant a requirement that any
successor in interest shall provide such information to the County.
3.Annual Valuation of Taxable Equipment; Updates. Prior to the Commercial Operation
Date, Applicant agrees to provide County with a detailed list of capital equipment related to the
Project, including but not limited to solar photovoltaic equipment proposed to be installed, whether
or not it has yet been certified as pollution control equipment by the State Corporation Commission
or Virginia Department of Environmental Quality, and lists of all other taxable tangible property
related to the Project. Thereafter, on an annual basis, Applicant shall provide County with any
updates to this information, including but not limited to all new or replacement solar panels and
all other equipment located on the Property. Applicant agrees to provide the County all
information it may in the future provide to the Virginia State Corporation Commission for the
Commission’s use in valuing such property for taxation purposes.
54
Frederick County – Redbud Run Solar, LLC
Solar Facility Siting Agreement
Page 3 of 12
4.Decommissioning and Periodic adjustment of Surety Bond. The Parties agree that a
surety bond to cover the costs of decommissioning Applicant’s facilities is required as a condition
in the CUP. Further, the Applicant recognizes the protection this provides for the County taxpayers
and does not desire to shift that expense to them should the Applicant or its successors or the
landowner not be able to comply with the decommissioning requirements; and County recognizes
that the surety bond is an expense to be incurred by the Applicant encumbering funds that could
otherwise go directly towards investing in the Project or other potential projects. In recognition
of these factors, the Parties desire for the bond and the costs for such to accurately reflect the
associated decommissioning costs being insured. Therefore, the Applicant, or its successor, agrees
to update the gross estimated costs of decommissioning every five years. The bond or surety
amount shall be adjusted accordingly to ensure it accurately reflects the costs associated with
decommissioning.
5. Right of Entry for Enforcement and Decommissioning.
a. Enforcement. Applicant and the County acknowledge and agree that the County,
its personnel and duly authorized agents shall have the express right of entry,
subject to any of Applicant’s safety and facility policies, upon the Project parcels
for the purposes of inspecting solar panels and all appurtenant facilities. The County
shall provide twenty-four (24) hour notice to the Applicant prior to making such
entry for any inspection or enforcement purposes. No prior notice shall be required
to enter the Project in the event of an emergency that constitutes an immediate
danger to life or property.
b.Decommissioning. If the Applicant fails to decommission the Project at the end of
the Project and usage thereof and subject to opportunity to cure, the County shall
have unrestricted access the Project to effect any and all tasks, as necessary, to
decommission solar panels and all appurtenant facilities and restore the parcels to
substantially the same condition that existed prior to construction of the solar
facilities, or as otherwise agreed with landowner, and as provided by Va. Code §
15.2-2241.2, as it may be amended through the Termination Date as defined in this
Agreement. Such access rights shall remain in effect through decommissioning
regardless of whether Va. Code § 15.2-2241.2 is repealed or otherwise limited in
scope from the access rights it provides the County as of the date of execution of
this Agreement.
Article II
Payment Structure
1.Capital Payments.
a.After the Project has obtained commercial operation, except as otherwise provided
herein, the Applicant shall make payments to the County as set forth on Schedule
A attached hereto (each a “Payment” and collectively, the “Payments”). The
Payments shall begin within thirty (30) days following the first January 1st
55
Frederick County – Redbud Run Solar, LLC
Solar Facility Siting Agreement
Page 4 of 12
following the commencement of Commercial Operation of the Project, the
“Commercial Operation Date”. For the purposes of this Siting Agreement, the
commencement of commercial operation will be the earlier of: i) ninety (90) days
following the first delivery of energy to the transmission system (as communicated
by Applicant and verified by the transmission system owner within ten (10) days
following the first delivery of energy) or ii) the commercial operation date as
established in the Applicant’s PJM Interconnection Services Agreement.
b.Unless otherwise agreed through modification or termination of this Agreement as
provided for herein, the Payments shall continue on January 31st of each year
thereafter until the earlier of the following (the “Termination Date”): (i) the
Applicant’s commencement of the decommissioning of all or a material portion of
the Project, (ii) the cessation of commercial operation of the Project for a
continuous period of longer than one (1) year, or (iii) the 45th calendar year of
commercial electricity generation of the Project in which the final payment on
Schedule A is shown.
c.The Parties acknowledge that, other than the lump sum payment at the
commencement of construction and except as otherwise provided herein, the
Applicant’s obligation to make Payments shall be conditioned upon the Project
beginning commercial operation.
d.The Payments shall be made to the County in any year in one lump sum payment
during the term of this Agreement. The Payments are separate and distinct from the
amounts owed pursuant to any machinery and tools taxes on equipment pursuant to
Article 2, Chapters 35 and 36 of Title 58.1 of the Code of Virginia and applicable
County Ordinances, and all real estate taxes owed pursuant to Chapter 155 of the
Frederick County, Virginia Code of Ordinances.
2.Statutory Structure of Payments; Statement of Benefit. The Applicant agrees that by
entering into this Agreement, pursuant to Virginia Code § 15.2-2316.6 et seq., the Payments are
authorized by statute and that it acknowledges, it is bound by law to make the Payments in
accordance with this Agreement. The Parties acknowledge that this Agreement is fair and mutually
beneficial to them both. As of the date of this Agreement, the County has not adopted a Solar
Revenue Share Ordinance as provided under Virginia Code § 58.1-2636, and the Payments under
this agreement are not conditioned upon the County adopting such ordinance. Should the County
at a later date adopt a Solar Revenue Share Ordinance, the County acknowledges that payments
under this Agreement shall be suspended until the County and the Applicant should mutually agree
to modify and/or terminate this Agreement. Applicant acknowledges that this Agreement is
beneficial to Applicant in allowing it to proceed with the installation of the Project with clear
project design terms, which provide for mitigation of effects on the surrounding properties and the
Frederick County community. Additionally, Applicant acknowledges that this Agreement
provides for a clear and predictable stream of future payments to the County in values fair to both
Parties.
3.Use of Payments by the County. The County plans to apply The Payments to critical
56
Frederick County – Redbud Run Solar, LLC
Solar Facility Siting Agreement
Page 5 of 12
infrastructure projects to improve citizen quality of life, including but not limited to expanding
educational opportunities, health care (telehealth) and economic development through significant
investments in broadband deployment throughout the County. Notwithstanding the above, the
Payments may be used for any of the following purposes: (a) to fund the capital improvement
program (CIP) of the County (b) to meet needs of the current fiscal budget of the County, (c)
supplement or establish any fund for which the County maintains a balance policy; (d) support
broadband funding, all as permitted § 15.2-2316.7.
Article III
Miscellaneous Terms
1.Term; Termination. This Agreement shall commence on the Effective Date and shall
continue until the Termination Date. The Applicant shall have no obligation to make
Payments after the Termination Date. The Payment due for the year in which the Project or
material part thereof is decommissioned shall be prorated as of the Termination Date. The
termination of this Agreement shall not limit the Applicant’s legal obligation to pay local taxes in
accordance with applicable law at such time and for such period as the Project remains in
operation.
2.Mutual Covenants. The Applicant covenants to the County that it will pay the County
the amounts due hereunder when due in accordance with the terms of this Agreement, and will not
seek to invalidate this Agreement, or otherwise take a position adverse to the purpose or validity
of this Agreement. So long as Applicant is not in breach of this Agreement during its term, the
County covenants to the Applicant that it will not seek to invalidate this Agreement or otherwise
take a position adverse to the purpose or validity of this Agreement.
3.No Obligation to Develop. The Applicant has no obligation to develop the Project and this
Agreement, except as otherwise provided, does not require any Payments until after the
Commercial Operation Date. Any test energy or other energy produced prior to the Commercial
Operation Date shall not trigger payment under this paragraph. It is understood that development
of the Project by Applicant is contingent upon a number of factors including, but not limited to,
regulatory approvals, availability and cost of equipment and financing, and demand for renewable
energy and renewable energy credits. No election by the Applicant to terminate, defer, suspend or
modify plans to develop the Project shall be deemed a default of Applicant under this Agreement.
4.Successors and Assigns. This Agreement will be binding upon the successors and assigns
of the Applicant. If Applicant sells, transfers, leases or assigns all or substantially all of its interest
in the Project, Applicant will require this Agreement to be assumed by and be binding on the
purchaser, transferee or assignee. Upon such assumption, the sale, transfer, lease or assignment
shall relieve the Applicant of all obligations and liabilities under this Agreement accruing from
and after the date of sale or transfer, and the purchaser or transferee shall automatically become
responsible under this Agreement. The Applicant shall execute such documentation as reasonably
requested by the County to memorialize the assignment and assumption by the purchaser or
transferee.
57
Frederick County – Redbud Run Solar, LLC
Solar Facility Siting Agreement
Page 6 of 12
5.Memorandum of Agreement. This Agreement or memorandum of this Agreement, in a
form acceptable to the County Attorney, shall be recorded in the land records of the Clerk’s Office
of the Circuit Court of the County of Frederick, Virginia. Such recordation shall be at the
Applicant’s sole cost and expense and shall occur as soon as reasonably practicable after the full
execution of this Agreement. If the Applicant chooses to not develop the Project, in its sole
discretion, the County shall execute a release of the memorandum filed in the aforementioned
Clerk’s Office.
6.Notices. Except as otherwise provided herein, all notices required to be given or authorized
to be given pursuant to this Agreement shall be in writing and shall be delivered or sent by
registered or certified mail, postage prepaid, by recognized overnight courier, or by commercial
messenger to:
Frederick County, Virginia
107 North Kent Street
Winchester, Virginia 22601
Attn: County Attorney’s Office
Redbud Run Solar, LLC
c/o William Miller
106 Isabella Street, Suite 400
Pittsburgh, Pennsylvania 15212
The County and Applicant, by notice given hereunder, may designate any further or different
persons or addresses to which subsequent notices shall be sent.
7. Governing Law; Jurisdiction; Venue. This Agreement shall be governed by and
construed in accordance with the laws of the commonwealth of Virginia, without regard to any of
its principles of conflicts of laws or other laws which would result in the applicable of the laws of
another jurisdiction. The Parties hereto (a) agree that any suit, action or other legal proceeding, as
between the Parties hereto, arising out of or relating to this Agreement shall be brought and tried
only in the Circuit Court of Frederick County, Virginia, (b) consent to the jurisdiction of such court
in any such suit, action or proceeding, and (c) waive any objection which any of them may have
to the laying of venue or any such suit, action, or proceeding in such court and any claim that any
such suit, action, or proceeding has been brought in an inconvenient forum. The Parties hereto
agree that a final judgment in any such suit, action, or proceeding shall be conclusive and may be
enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.
8. N/A
9.Severability; Invalidity Clause. Any provision of this Agreement that conflicts with
applicable law or is held to be void or unenforceable shall be ineffective to the extent of such
conflict, voidness or unenforceability without invalidating the remaining provisions hereof, which
remaining provisions shall be enforceable to the fullest extent permitted under applicable law. If,
for any reason, including a change in applicable law, it is ever determined by any court or
governmental authority of competent jurisdiction that this Agreement is invalid then the parties
shall, subject to any necessary County meeting vote or procedures, undertake reasonable efforts to
58
Frederick County – Redbud Run Solar, LLC
Solar Facility Siting Agreement
Page 7 of 12
amend and or reauthorize this Agreement so as to render the invalid provisions herein lawful, valid
and enforceable. If the Parties are unable to do so, and if the fundamental purpose and terms of
this Agreement are no longer effective as mutually agreed between the Parties, this Agreement
shall terminate as of the date of such determination of invalidity, and the Property and Project will
thereafter be assessed and taxed as though this Agreement did not exist. The Parties will cooperate
with each other and use reasonable efforts to defend against and contest any challenge to this
Agreement by a third party.
10.Entire Agreement. This Agreement and any schedules or exhibits constitute the entire
agreement and supersedes all other prior agreements and understandings, both written and oral,
between the parties hereto with respect to the subject matter hereof. No provision of this
Agreement can be modified, altered or amended except in a writing executed by all parties hereto.
11.Force Majeure.
A."Force Majeure Event" means the occurrence of:
(i) an act of war (whether declared or not), hostilities, invasion, act of foreign
enemies, terrorism or civil disorder;
(ii) a strike or strikes or other industrial action or blockade or embargo or any other
form of civil disturbance (whether lawful or not), in each case affecting on a general basis
the industry related to the construction, operation, or maintenance of the solar facility, as
for example but not in limitation, the interruption in the supply of replacement solar panels,
and which is not attributable to any unreasonable action or inaction on the part of Applicant
or any of its subcontractors or suppliers and the settlement of which is beyond the
reasonable control of all such persons;
(iii) specific incidents of exceptional adverse weather conditions in excess of those
required to be designed for that are materially worse than those encountered in Frederick
County during the twenty (20) years prior to the Effective Date;
(iv) tempest, earthquake, or any other natural disaster of overwhelming proportions;
disruption of operations resulting from any plane crashing into the solar facility to the
extent that all or a substantial portion thereof it unable to generate electricity sufficient to
meet Applicant’s payment obligations hereunder;
(v) discontinuation of electricity supply, or unanticipated termination of a power
purchase agreement;
(vi) other unforeseeable circumstances beyond the control of the Parties against
which it would have been unreasonable for the affected party to take precautions and which
the affected party cannot avoid even by using its best efforts, including quarantines ordered
by competent governmental authority in the event of a public health emergency, which in
each case directly causes either party to be unable to comply with all or a material part of
its obligations under this Agreement.
59
Frederick County – Redbud Run Solar, LLC
Solar Facility Siting Agreement
Page 8 of 12
B. Neither Party will be in breach of its obligations under this Agreement or incur any
liability to the other Party for any losses or damages of any nature whatsoever incurred or suffered
by that other (otherwise than under any express indemnity in this Agreement) if and to the extent
it is prevented from carrying out those obligations by, or such losses or damages are caused by, a
Force Majeure Event except to the extent that the relevant breach of its obligations would have
occurred, or the relevant losses or damages would have arisen, even if the Force Majeure Event
had not occurred.
C. As soon as reasonably practicable following the date of commencement of a Force
Majeure Event, and within a reasonable time following the date of termination of a Force Majeure
Event, any Party invoking it will submit to the other Party reasonable proof of the nature of the
Force Majeure Event and of its effect upon the performance of the Party's obligations under this
Agreement.
D. Applicant will, and will ensure that its Subcontractors will, at all times take all
reasonable steps within their respective powers and consistent with Good Operating Practices (but
without incurring unreasonable additional costs) to:
(i) prevent Force Majeure Events affecting the performance of Applicant’s
obligations under this Agreement;
(ii) mitigate the effect of any Force Majeure Event; and
(iii) comply with its obligations under this Agreement.
E. The Parties will consult together in relation to the above matters following the
occurrence of a Force Majeure Event.
F. Should paragraph (A) apply as a result of a single Force Majeure Event for a continuous
period of more than 180 days then the parties must endeavor to agree any modifications to this
Agreement (including without limitation, determination of new revenue sharing payments) that
are equitable having regard to the nature of the ability of Applicant to continue to meet its financial
obligations to the County.
G. For the avoidance of doubt, Force Majeure shall not include (a) financial distress nor
the inability of either party to make a profit or avoid a financial loss, (b) changes in market prices
or conditions, or (c) a party's financial inability to perform its obligations hereunder.
12.Third Party Beneficiaries. This Agreement is solely for the benefit of the Parties hereto
and their respective successors and permitted assigns, and no other person shall have any right,
benefit, priority or interest in, under or because of the existence of, this Agreement.
13.Comprehensive Plan. Pursuant to Virginia Code Ann. § 15.2-2316.9, by entering into
this Agreement, the County acknowledges that by operation of law, the Project is deemed to be
substantially in accord with the Frederick County Comprehensive Plan under Virginia Code Ann.
§ 15.2-2232. In support thereof, Applicant shall apply the design measures described in the
60
Frederick County – Redbud Run Solar, LLC
Solar Facility Siting Agreement
Page 9 of 12
Conditional Use Permit application within the portion of the Project crossed by the potential Route
37 East Bypass.
14.Construction. This Agreement was drafted with the input by the County and Applicant
and no presumption will exist against any Party.
15.Counterparts; Electronic Signatures. This Agreement may be executed simultaneously
in any number of counterparts, each of which shall be deemed to be an original, and all of which
shall constitute but one and the same instrument. A signed copy of this Agreement delivered by
facsimile, e-mail/PDF or other means of electronic transmission shall be deemed to have the same
legal effect as delivery of an original signed copy of this Agreement.
[signature page follows]
61
Frederick County – Redbud Run Solar, LLC
Solar Facility Siting Agreement
Page 10 of 12
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed
by the officers whose names appear below as of the Effective Date.
REDBUD RUN SOLAR, LLC
By:
Name:
Title:
FREDERICK COUNTY, VIRGINIA
By:
Name:
Title: Chairman, Board of Supervisors
Approved as to form:
By: __________________________
County Attorney
62
Frederick County – Redbud Run Solar, LLC
Solar Facility Siting Agreement
Page 11 of 12
SCHEDULE A
ADDITIONAL VOLUNTARY PAYMENT SCHEDULE
Applicant agrees to make the following additional Capital Payments, above and beyond its tax
obligations:
$10,000 lump sum payment at the commencement of construction
$500 per Megawatt AC per year, starting from the Commercial Operation Date, with an
annual escalator of 1.5%
63
Frederick County – Redbud Run Solar, LLC
Solar Facility Siting Agreement
Page 12 of 12
SCHEDULE B
CONDITIONAL USE PERMIT
64
1602 Village Market Boulevard SE
Suite 330
Leesburg, VA 20175
T: 703-449-6700
F: 703-449-6713
www.pennoni.com
January 31, 2022
ORIDN 21002
Oriden Power
106 Isabella Street, Suite 400
Pittsburgh, PA 15212
Attention: Ali Trunzo, Development Manager
RE: Glare Assessment Report
Redbud Run Photovoltaic Solar Array
Frederick County, Virginia
Dear Ms. Trunzo,
Pennoni is pleased to submit the enclosed Glare Assessment Report prepared for the Redbud Run
Photovoltaic Solar Array in Frederick County, Virginia to assess the potential for glare impacts to motorists
northbound on Woods Mill Road and east and west bound on Pine Road. The results of our study are
summarized as follows:
Project Background
The Redbud Run Solar project (the Project) is a proposed small utility-scale solar energy facility with a project
nameplate of up to 30 MWac. The Project is located on a tract of land containing approximately 263 acres of
pasture and timberland adjacent to Woods Mill Road (VA Route 660) and Pine Road (VA Route 661), of which
approximately 150 acres will be developed with solar panels and related facilities enclosed by security fencing.
Pennoni performed a Glare Assessment Report utilizing ForgeSolar’s Solar Glare Hazard Analysis Tool (SGHAT)
at the request of the Virginia Department of Transportation. This document assesses the results of the SGHAT
modeling along with the Project setting and proposed mitigation measures (e.g., vegetation screening) to
confirm that potential glare will not affect motorists on public roads adjacent to the Project.
Project Setting and Proposed Screening
The proposed Project contains favorable topography with existing vegetation that provides natural
concealment while minimizing the nature and extent of viewshed impacts. These attributes were key
contributors in assessing initial site feasibility. The Project is situated within a tract that is largely bordered by
well-established trees. Solar arrays will adhere to the setbacks as specified in the Frederick County ordinances,
with solar arrays no less than 60 feet from road rights-of-way. Setbacks have been increased voluntarily to
100 feet where possible in response to community feedback and to preserve mature trees along the site
boundaries. Additionally, streams and riparian corridors within the site include substantial areas of mature
woodlands, the preservation of which will screen significant portions of the solar arrays from surrounding
viewsheds. There are no locations or instances due to the road alignment and southern facing solar panels
where a motorist will be directly driving north or facing the primary orientation of the solar array.
Where existing vegetation does not exist or is otherwise insufficient, supplemental landscaping will be
planted. Such landscaping will consist of a double row of evergreen plantings six (6)-feet in height at time of
65
ORDIN 21002 January 31, 2022 Page 2
Oriden Power Redbud Run Glare Study
installation, with the row closest to the road interspersed with deciduous plantings to create a more natural
and aesthetically appealing visual screen. Coupled with the site’s favorable topography, the combination of
tree preservation and new landscape plantings will mitigate potential visual impacts at adjacent roads.
Pennoni understands that the proposed landscape screening will be included in the Project’s Concept Plan
submitted to Frederick County as part of the Conditional Use Permit application.
Modeling Analysis
The SGHAT modeling software utilized was developed in conjunction with Sandia Laboratories and is the most
widely accepted glare modeling tool on the market. Additional documentation and more detailed descriptions
about the fundamental workings of the SGHAT software can be found at ForgeSolar.com. SGHAT modeling is
subject to various assumptions and limitations as identified within the Assumptions section of the report. For
example, the model does not account for physical obstructions including buildings, tree cover and other
geographic obstructions, does not rigorously simulate detailed system geometry and assumes clear, sunny
skies year-round.
Any prominent features (vegetation, terrain, structures, screening etc.) blocking the view of the PV array from
the observer will also block potential glare from the PV array to the observer. In addition, shade across the
array from local site features, for example, a high tree line along the eastern or western perimeter of the site
may cast extensive shadows during the early morning and late afternoon sun-hours (when the sun angle is
lowest in the sky). The timing of this phenomenon happens to correspond significantly with the time periods
in the model that are predicted to have the highest potential for glare impacts.
The model ignores any row spaces or gaps in the actual array and treats the entire PV area as if it has the
potential to produce glare. The design of the array will further limit glare due to the inter-row spacing
configuration and the ability of one row to block the view of the row behind it from an observer.
Conclusion
Pennoni evaluated the results of the SGHAT modeling in the context of the model limitations and the Project
setting. Based on our review and analysis, Pennoni is of the professional opinion that the terrain
characteristics and existing mature vegetation combined with new landscape plantings can provide a
sufficient visual barrier between the solar arrays and the observation paths (Woods Mill Road and Pine Road)
to prevent potential glare impacts to motorists on public roads adjacent to the Project.
Should you require additional information please contact me at 703-840-4812.
Sincerely,
PENNONI ASSOCIATES I
Noursi, PE
Senior Engineer
Enclosures
U:\Accounts\ORIDN\ORIDN21002 - Red Bud - VA\DOC PREP\GLARE STUDY\2022.01.31 ORIDN21002 Glare Study Opinion Letter.docx
66
Redbud Run Solar LLC
Impact Analysis Statement for Conditional Use Permit Application
Attachment 6
Visualizations
67
Prepared by Pennoni
Redbud Run Solar
Visualizations
Woods Mill Road, Frederick County, Virginia
68
Redbud Run Solar
Woods Mill Road – Location 1
Prepared by Pennoni
69
Redbud Run Solar
Woods Mill Road – Location 1
Prepared by Pennoni
70
Redbud Run Solar
Woods Mill Road – Location 2
Prepared by Pennoni
71
Redbud Run Solar
Woods Mill Road – Location 2
Prepared by Pennoni
72
Redbud Run Solar
Woods Mill Road – Location 3
Prepared by Pennoni
73
Redbud Run Solar
Woods Mill Road – Location 3
Prepared by Pennoni
74
From:Timothy Rhodes
To:Tyler Klein
Cc:John Bishop; Chris Mohn; rhonda.funkhouser@vdot.virginia.gov; bradley.riggleman@vdot.virginia.gov
Subject:"[External]"RE: Redbud Run Solar Project CUP: Glare Study
Date:Wednesday, February 16, 2022 2:38:05 PM
Attachments:image001.png
Tyler,
We have completed our review of the Redbud Solar Glare Study. Based on the information provided
by Pennoni, it is understood there will be no negative glare impacts to the users of the roadways.
We are satisfied with the findings of this report and have no objections to the study. The only
outstanding item to address is the previous comment which follows:
The CUP and supplement identifies multiple entrance locations to serve the facility. Some for
construction and some to be permanent. The supplement provided details on the sight
distance for the proposed locations. You have identified an existing private entrance as
“Alternative 1.” The sight distance profile and your supplement clearly show this entrance not
meeting minimum sight distance requirements for safe access. In accordance with VDOT
Access Management Regulations (24VAC30-73) VDOT will not permit a commercial entrance
without meeting minimum sight distance requirements. This entrance needs to be removed
from the proposal. There are other locations proposed that meet minimum sight distance
requirements and provide safe ingress/ egress for those coming to the facility as well as the
motorist traveling on the roadway.
Please let me know if you have additional questions or concerns.
Thanks,
Timothy Rhodes
VDOT~Land Development Engineer
Clarke, Frederick, Shenandoah & Warren Counties
14031 Old Valley Pike
Edinburg, VA. 22824
(540)-534-3206
From: Chris Mohn <cmohn@greenwayeng.com>
Sent: Monday, January 31, 2022 12:54 PM
To: Tim Rhodes <timothy.rhodes@vdot.virginia.gov>; Tyler Klein (tklein@fcva.us) <tklein@fcva.us>
Cc: John Bishop <jbishop@fcva.us>
Subject: Redbud Run Solar Project CUP: Glare Study
Importance: High
Tim and Tyler,
Attached for your review please find the glare study and corresponding summary letter for the
Redbud Run Solar Project CUP application.
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
Planning Commission
Agenda Item Detail
Meeting Date: March 2, 2022
Agenda Section: Other
Title: Current Planning Applications
Attachments:
96