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HomeMy WebLinkAbout03-20 Impact Analysis StatementCONDITIONAL USE PERMIT IMPACT ANALYSIS STATEMENT FOXGLOVE SOLAR, LLC March 4, 2020 1 A. Suitability of the Site. 1. Foxglove Solar, LLC, has examined numerous properties in Frederick County as potential sites for a utility scale solar facility. As can be imagined it is difficult to find sites that possess the essential characteristics required for such a facility, including proximity to transmission lines, suitable topography, access, and, perhaps above all, the ability to aggregate sufficient land to make the development of such a project financially feasible. The parcels that have been selected as a site for this project meet the requirements imposed by nature and by practical necessity. The land proposed for this development is comprised of six parcels bearing PIN #s: a portion of 73 A 21, 84 A 40, 84-A-40A, 84 A 50, 84 A 29, and 84 A 39 1. These are properties owned by Woodbine Farms, Inc., Alfred L. and Betty Snapp, Alfred L. Snapp & Son, Inc. and Levi J. and Keighley C. Gore. The total area of these properties is 668.5 acres, and the total proposed land area to be developed as a utility scale solar facility is approximately 370.1 acres, (the “Project”). The Project is graphically depicted on the Preliminary Site Plan prepared by The Timmons Group and dated January 2, 2020. The Project will consist of rows of ground-mounted photovoltaic modules, commonly known as solar panels, to generate 75 MW of clean, quiet, affordable electricity for consumers in the County and elsewhere in Virginia. It will provide power when consumers need it the most, and without using any pipelines, fuel, or water, and without any air pollution, water pollution, or waste. A majority of the ground within the fence lines of the Project will contain no equipment at all, and virtually all of the ground will be planted with native turf grass that will preserve the soil, prevent erosion, and improve water quality. The solar panels will be connected by cables, and the power generated by each solar panel will be combined, converted from direct current (“DC”) to alternating current (“AC”), and its voltage increased to equal that of the First Energy 138 kilovolt Transmission Line to which it will be delivered to the grid by means of a project substation and new utility switch yard situated immediately adjacent to the existing Transmission Line on site. The Project will include solar panels, racking for the panels, inverters that convert DC to AC, collection lines, a project substation that gathers electricity from the inverters and increases its voltage to transmission line intensity. There are also the necessary access paths, pyranometers for measuring solar energy and other meteorological conditions, fencing, and landscaping. 1 This parcel is included in the Project solely because a connecting line from the northern fields must be run to those on the south side of Hites Road. No other facilities, panels, or component of the Project will be placed on that parcel. 2 The Project does not use any batteries for the mass storage of electricity that will eventually be transferred into the grid. The panel tracker systems have small batteries that allow them to turn back to the East after the sun has gone down or to turn to horizontal when there are high-wind conditions. The Project fits with the rural character of the area. It is a highly passive use, with no odor/emissions, very limited noise, lighting,2 and traffic. The solar panels will rotate with the sun, have a low visual profile (approximately 12 feet high for a brief period as they track), and will repeat this tracking in operation daily. They will be monitored remotely at an off-site facility, permitting them to be adjusted safely, for example, in high wind or hail conditions to a horizontal stow position, and workers will visit different areas of the Project only on an as-needed basis to perform maintenance and repairs and maintain vegetation. The perimeter of the Project will include setbacks from other uses. Existing vegetation will be retained within such setbacks and if additional screening is necessary landscaping will be added along public roads and where there are adjacent residences within close proximity to the Project. 2. The properties are comprised of extensive areas of mollisols in the northern portions of the Project area, with some areas of alfisols, changing principally to alfisols on the southern portions. Additional detailed soils information can be found in the Circa~ report identified below with respect to cultural and historical resources, at pages 2-10. Approximately the one-half of the northern Woodbine Farms parcel (98.5 acres) that is within the Project area is wooded. The Snapp Inc. property is cleared, as is the majority of the Woodbine Farms land across Hites Road, which is primarily in active cultivation south of Vaucluse Road. All of the parcels except 84 A 29 and 8 A 39 are located in the South Frederick Agricultural and Forestal District. The Project is located immediately south of the First Energy Transmission Line crossing the Woodbine Farms property, Parcel 73 A 21. As noted, this is a critical consideration for the location of utility scale solar facilities. There is no 100 year floodplain located within the fence line of the proposed Project, though there is some identifiable at the far western edge of the northern Woodbine parcel, and no subsoil conditions have been identified that would make the installation of solar panels, or the construction of a substation, problematic. There are small areas (approximately 5.1 acres) of potentially jurisdictional wetlands, but those areas would not be disturbed as part of the Project. The areas of steep slopes (greater than 15%) are shown on the Preliminary Site Plan and comprise approximately 56.5 acres. The properties are generally flat to slightly rolling with a typical maximum elevation of 800 to 825 feet, and a lower elevation of 775 feet. 2 Such lighting as is required will be downward facing cutoff fixtures. The principal source of lighting at the Project will be that associated with the existing substation. 3 3. There are no site constraints that would preclude the use of the property for a utility scale solar facility. Potentially adverse impacts will be identified during the local and state permitting processes and mitigation will be worked into the Project. Attached to the application in this case are the following detailed documents that provide significant information as to the site and its potential for use as a solar facility. These include a Protected Species Review dated August 2018, prepared by the Timmons Group and incorporated herein as Exhibit A; a Phase I Environmental Site Assessment, dated August 28, 2018, prepared by the Timmons Group and incorporated herein as Exhibit B; and a site review by the Virginia Department of Conservation and Recreation for Project 41147, dated September 22, 2018, incorporated herein as Exhibit C. The Project as proposed is defined by the Commonwealth as a “small solar energy project” (9VAC15-60-10) subject to a Permit by Rule (“PBR”) administered by the Virginia Department of Environmental Quality. Among many other technical requirements, in order to proceed under the PBR an applicant must “furnish[] to the department a certification by the governing body of the locality wherein the … project will be located that the project complies with all applicable land use ordinances[.]” 9 VAC15-60-30(A)(2) 4. Once the Project has lived its useful commercial life, the land used can be returned to cultivation.3 As required by law the Applicant will commit to a decommissioning plan for removal of the equipment both above and below ground, and return of the land to substantially its original condition. The decommissioning plan will provide for security that runs to the benefit of the County as required by state statute. B. Comprehensive Plan Conformity. The County’s Comprehensive Plan does not address renewable energy, or public utility services and facilities. It has been assumed, however, that public utilities are essential wherever they are required and that they are therefore consistent with the Comprehensive Plan without individualized review. The Plan does recognize that the County supports environmentally conscious policies and their relationship to economic development: Frederick County supports green initiatives in the field of economic development. Viable development initiatives should be recognized and their implementation encouraged. Such an example is rail access and transportation which will become more valuable and expected in industrial settings due to desire to operate effectively and efficiently. Frederick County should be proactive in ensuring the resources necessary for business development are planned for in a viable way and available to support identified office and industrial users. With regards to water, wastewater treatment, and electricity, manufacturers will require adequate supply and availability, but will also be interested in 3 The County’s Comprehensive Plan says that “[o]nce land is converted from agricultural use it is unlikely that it will ever be reclaimed.” FCCP, p. 33. This is not true for a solar facility because of the decommissioning requirement. 4 quality and service reliability. There is a finite capacity of these resources that must be managed accordingly. Frederick County 2035 Comprehensive Plan (“FCCP”), p. 33. This statement reflects the County’s interest in both “green initiatives” and enhancements in the electrical grid. In this, the County joins some of the largest corporations in the United States, if not the world. By 2018, Apple had become 100% reliant on renewable power, principally solar, for all of its direct operations, with commitments from many of its suppliers to do the same. Moreover, it has adopted a policy of “additionality,” which means that rather than using its vast cash resources simply to buy up the existing sources of green energy, it has a preference for sponsoring the creation of new renewable power sources, since it wishes to put new, clean power on the grid so that is not using up all the clean energy that may be available in the market. A group of companies including Walmart, General Motors, Google, and Johnson & Johnson have formed the Renewable Energy Buyers Alliance to represent firms that purchase renewable energy and remove barriers that make it harder to shift away from carbon based fuels.4 The area for which this application is made is largely rural and has been in agricultural use for many years. The area to be used for the solar panels would be used to harvest a different crop, electrons from the sun. The Applicant recognizes that this is not agriculture as it is customarily understood, but it is the landowner’s choice to remove their lands from customary agricultural uses voluntarily, so that they may generate income from this different kind of “crop.” It is also true that agriculture is a significant element of both the present and future of Frederick County, and is addressed in the Comprehensive Plan. Thus, Frederick County agriculture will evolve in a way that is likely to be more intensive and by necessity more diverse. While this will require less acreage than traditional farming activities, activities it is expected that income from agricultural operations will increase. As such the County should focus on implementing policies that seek to prioritize the protection of these rural areas as well as streamline the process for approving the diversified land uses as described within this section. The rural economy of Frederick County plays a significant role in the life and livelihood of its inhabitants. In addition to providing food products for the region, agriculture is a revenue generator which requires very few local services. Agriculture contributes to Frederick County’s extraordinary 4 It is not just companies. Iceland is powered 100% by renewable energy, Norway has achieved 98.5% sustainability, and Costa Rica 99%. 5 viewshed 5 while providing a living to its farmers, citizens, and a place of enjoyment for its visitors. Most importantly, an active, profitable agriculture operation reduces the amount of land converted to more dense uses. Diversification of land use for the agricultural not only generate notable income and drive more tourism dollars to the County, it can also offer future protection the land from conversion to residential uses. The Applicant submits that the use of agricultural land for solar energy production is not inconsistent with other agricultural uses of the property, and that its use for such purposes recognizes the increasingly intensive and diverse agricultural changes that the County has recognized in its Comprehensive Plan. C. Agricultural and Forestal District Considerations. Portions of the properties in the Project are in the South Frederick Ag and Forestal District. Unless a way is found to recognize solar facilities as compatible with these District designations, the properties may be removed from it. The property owner may simply advise the County in writing of his or her intention to withdraw if it is done within the 2020 timeframe allowed. Land Use Valuation, which is actually a separate program under separate legal authority, remains in place until there is a non-qualifying change in use of the property. D. Surrounding Properties. The surrounding properties consist of large tracts of land in excess of 200 acres, down to single family homes on two acre lots in Hites View Estates. The distance to individual properties can be measured from most adjacent Project parcels but most are set off from the areas proposed for solar. With appropriate screening these property owners will have a very limited view of the solar panels once installed. After the Project is constructed, the residents of the area will hear virtually nothing, and see very little. Typical sections of landscaping can be installed where mitigation is needed, as shown on the Preliminary Site Plan. For example, modern solar panels do not produce glare. The FAA has said that solar panels may be more compatible even for airports than other solar energy generation technologies because, among several factors, a solar panel is designed to absorb sunlight (rather than reflect it), minimizing potential impacts of glare as seen from above.6 The glass used for solar panels has less reflectivity than water or window glass, and typical solar panels reflect only about 2 percent 5 The Applicant has produced a series of viewshed studies with its application that demonstrates the visibility of the solar fields from surrounding properties. 6 FAA, “Technical Guidance for Evaluating Selected Solar Technologies on Airports” (November 2010), p. 8. 6 of incoming sunlight.7 The Virginia DEQ recommends that counties not address glare from solar projects in their local codes because “significant glare appears unlikely with the PV technology that can be utilized in Virginia . . . .”8 E. Traffic. Construction of the facility is expected to take from four to six months, except the Switching Station, of about five acres in the back of the facility, which may take nine months. The Applicant will control and mitigate any potential traffic inconvenience by implementing a comprehensive traffic control management plan, to be approved by the County. Any typical noise associated with the construction phase of the Project will be mitigated by the construction management plan mentioned above. Once construction is complete, there is essentially no traffic generated from operations. F. Sewage conveyance and treatment. There is no sewage produced from operation of a solar facility. G. Water Supply. A solar facility does not require a water supply. As a practical matter, solar panels are adequately cleaned by rainwater in this geographical region in the US. H. Drainage. An exhibit depicting the drainage flows is included with the Preliminary Site Plan. As part of the formal site plan review process, detailed preliminary erosion and sediment (E&S) control and stormwater management (SWM) plans will be prepared that identify Best Management Practices (BMPs) required to minimize the discharge of sediment into surface water bodies and sensitive areas of the Property (wetlands/streams/floodplains), meeting all required rules and regulations set forth by the Virginia Department of Environmental Quality (DEQ). I. Solid Waste Disposal Facilities. There is virtually no solid waste produced from operation of a solar facility. J. Historic Sites and Structures. 7 Massachusetts Department of Energy Resources, et. al “Questions and Answers: Ground- mounted Solar Photovoltaic Systems” (June 2015), p. 22. 8 DEQ, “Model Ordinance for Smaller-Scale Solar Energy Projects in Virginia (By Right Permitting),” (December 21, 2012), p. 5. 7 The Applicant commissioned and has provided an Assessment and Probability Analysis for Foxglove Solar, dated August 15, 2018, to provide information on the current condition of the Project area. During the PBR process will, the Virginia Department of Historic Resources will review that Assessment and require mitigation for adverse effects to historic resources. The full study is attached to this Statement as Exhibit D. An archival search was performed to identify any previously-recorded historic and cultural resources within the Project area. This search identified no archaeological resources within the Project area boundaries. The findings indicated there were five potential architectural related areas, two of these sites are potentially eligible for listing on the National Register of Historic Places (“NRHP”). These two sites are summarized below: • Site 034-0303, Cedar Creek Battlefield Study Area: In March 2009, VDHR determined this site potentially eligible for listing on the NRHP. In September 2009, the American Battlefield Protection Program (“ABPP”) released its update to the Civil War Sites Advisory Commission (“CWSAC”) report on the nation’s Civil War battlefields. According to this update, the southernmost end of the Project area falls partially within the extreme northeastern portion of the Study Area for the Cedar Creek Battlefield. As it has for other battlefield sites, the Applicant will work with BVDHR to investigate this area further during the PBR process and mitigate permanent adverse effects. • Site 034-5075, Circa 1880 House and Barn: This house is a frame, vernacular dwelling standing on a continuous-stone foundation and is covered with aluminum siding. Secondary structures on the site include a barn, shed, and equipment shed, with the barn as the primary resource. The solar facility will not require removal of these structures and will not impact them. The Applicant plans to meet with the County’s Historic Resources Advisory Board as part of the review process. K. Impact on Community Facilities: Education The Project will have no adverse impact on education, but can have a most positive one. In addition to revenues produced from the Project, field trips from the County’s schools can be provided that will offer students and teachers an invaluable opportunity to see a material element of that future as it is in operation. Police Protection This is typically required, if at all, during the construction phase. Fire and Rescue Protection 8 Solar facilities are inherently safe, because they are a passive use. It is the Applicant’s practice to work with first responders (both police and fire) to share information on the operation and safety practices in the event that an emergency should arise. Parks and Recreation This is not applicable. Solid Waste Disposal The Project requires a “lay down area” for construction materials during the construction phase, but all materials are removed from the site once construction is complete and properly disposed of. Any solar panels that must be replaced will be disposed of as solid waste, if they cannot be recycled. Recycling is an option because most of the materials making up a solar project are recyclable. Solar panels themselves are comprised mostly of commonly-recycled materials such as glass, aluminum, and copper. Even if solar panels themselves are not yet fully recyclable, they are not hazardous and are able to be disposed of in conventional landfills. Other Government Activities A utility scale solar facility does not impact other governmental activities. L. Other Impacts. Virginia has adopted and updated the Commonwealth’s Energy Policy at Va. Code Ann. §67-102. That Policy plainly supports the development of, and the use of, renewable energy sources. The General Assembly has encouraged “[a]ll agencies and political subdivisions of the Commonwealth, in taking discretionary action with regard to energy issues, [to] recognize the elements of the Commonwealth Energy Policy and where appropriate, [to] act in a manner consistent therewith.” Even further, the General Assembly has, by § 56-585.1:4 regarding the development of solar and wind generation capacity in the Commonwealth, determined that before January 1, 2024, the construction or purchase by a public utility of one or more solar generation facilities located in Virginia, having in the aggregate a rated capacity that does not exceed 5,000 megawatts, or its purchase of energy, capacity, and environmental attributes from solar facilities owned by persons other than a public utility, is in the public interest. It has therefore directed the State Corporation Commission to so find if the SCC is required to make a finding regarding whether such construction or purchase is in that public interest. In short, Virginia has made it a major state initiative to increase the percentage of energy that comes from renewable sources, specifically including solar energy. Frederick County has recognized that renewable energy is critical to America’s energy future, and has taken steps to approach utility scale solar in a responsible and reasonable manner. The Project will not be detrimental to the public welfare or injurious to property or improvements in the surrounding area. The Project will not cause any direct, physical injury to 9 either property or improvements in the neighborhood. It generates no pollutants, and is designed to have no adverse effect on surrounding properties, water sources, or the environment. Solar projects produce clean energy from a non-fossil fuel renewable resource. It is often asserted that the development of a utility scale solar facility will adversely affect the values of properties nearby. Expert appraisers who have researched the effect of the construction of solar farms on nearby property values in various states have concluded that such projects lack the features that are most commonly associated with adverse effects on nearby values. Specifically, they are not associated with hazardous materials, odor, noise, traffic, or stigma. Solar projects are similar to large greenhouses, and are generally in keeping with a rural character. Claims to the contrary are generally anecdotal at best, and the Applicant is aware of no professional study that supports the proposition that such facilities depress land values, when appropriately sited and buffered. This Project provides many benefits to Frederick County. To start with, it does not deplete any water resources or require costly sanitary sewer or other utility infrastructure. It is not a permanent conversion of undeveloped land or increase demand on the County schools. The Project will generate significant increased tax revenue with little or no burden. It strengthens and adds to the capacity of the electrical grid adding to and diversifying sources of electricity. A solar facility does not require significant County services. This Project will provide jobs, tax revenue, and other economic opportunity as explained in more detail below. Tax Payments to Frederick County. Currently, this property is taxed as unimproved (the land value). When the Project is installed, that land value will increase (an estimated two to four times) based upon its use as a solar facility. The taxation on land value is paid in full to the County by the Project. In addition, because the Project will produce over 20 megawatts of AC power, it will also pay a pro-rated portion (20%) of the annual equipment tax on all installed electrical generation equipment at the County’s real estate tax rate. Applicant looks to invest in the region an estimated $60,000,000 in equipment and $40,000,000 on construction and installation activities for this Project. With this investment, the additional tax revenue to Frederick County will be significant. Local Economic Opportunity. The Project will employ several hundred workers during construction. It will help local businesses be positioned to capitalize on this opportunity. We will work with Frederick County to hold an informational event where local businesses can learn more about these opportunities. Those opportunities will range from contractor positions for electrical, general labor, site work, and landscaping to an economic boom for fencing and landscape companies, equipment suppliers, lodging and food vendors, and others. These electrical, civil, site, and other contractors will be encouraged to hire local workers. The largest job opportunities will be during construction. After installation, the Project will require a limited amount of ongoing operations and maintenance work that can produce local jobs for local contractors. Investment in Frederick County. Although it is a soft economic benefit, the media coverage and “branding” associated with solar facilities can be significant. There is clearly a new renewable energy economy emerging in the Commonwealth. Many companies are looking to find communities that support renewable energy development. With this Project, Frederick County can 10 be one of the leaders in this area. There are both macro and micro level benefits. One of the broadest reaching benefits is the use of renewable solar energy to produce electricity without extracting valuable natural resources or dependence on foreign raw materials. This solar energy generation facility is installed at a fixed cost investment that provides a reliable stable electricity source for many years without the need for significant reinvestment. Our regional electricity generation capacity is sustainably increased with the resultant economic improvements and without harmful environmental side effects. The Applicant is part of Urban Grid Solar Projects, the utility scale development arm of Urban Grid. A Virginia company, Urban Grid is a leading developer of solar facilities in the Mid- Atlantic Region, with extensive solar project development expertise. Urban Grid delivers solar energy projects that maximize value while delivering a vital source of clean, renewable energy that will help shape the diversified electric grid of the future. Urban Grid is a privately owned renewable energy company that has been developing and installing solar facilities for seven years in Virginia, Maryland, Delaware and across the country. Urban Grid and its partners have successfully designed and have in operation 290 megawatts of solar energy projects globally and have 1400 megawatts in development in the Mid-Atlantic. They are very experienced in the development of renewable energy projects, and bring that experience and lessons learned to implement a successful Project here in Frederick County. The Project will have a significant positive impact by contributing over $136,122 of revenue to the County in year one and over $3 Million over the projected life of the facility. As noted the construction and operation of the Project will make fiscal contributions directly to the County in the form of roll-back-taxes, increased property assessments, and new machinery and tools taxes. It also will bring significant economic benefits to the County, primarily through construction jobs and construction-related spending at local businesses.