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HomeMy WebLinkAbout11-21 Statement of Intent September 2021 Application Narrative and Statement of Intent Expansion of Previous Approval Conditional Use Permit (CUP) #05-20 230 Court Square Suite B102, Charlottesville, VA 22902 Bartonsville Energy Facility 2 Table of Contents 1. EXECUTIVE SUMMARY 2. DESCRIPTION OF PROPERTY 3. PROJECT OVERVIEW FACILITY SUMMARY CONSTRUCTION SCHEDULE COMPLIANCE WITH COUNTY REGULATION COORDINATION WITH STEPHENS CITY 4. ANALYSIS OF IMPACTS VISUAL ECOLOGICAL AND DRAINAGE CULTURAL RESOURCES NOISE TRAFFIC LIGHTING ODORS, DUST, FUMES, VIBRATIONS FIRE SAFETY / SECURITY COMMUNITY OUTREACH 5. DECOMMISSIONING LIST OF EXHIBITS EXHIBIT A – CONCEPT PLAN EXHIBIT B – CULTURAL RESOURCES REPORT EXHIBIT C – PRELIMINARY DECOMMISSIONING PLAN 3 1. Executive Summary Bartonsville Energy Facility, LLC and Bartonsville Energy Facility II, LLC, subsidiaries of Torch Clean Energy (“Torch”), request an expansion of previous approval, Conditional Use Permit (“CUP”) #05- 20 to allow the construction and operation of a 40-60 MW photovoltaic solar energy generation facility (the “Expansion Area Project”) as described in this Application. This Application proposes an expanded footprint of the Bartonsville Energy Facility (the “Project”), which was approved as CUP #05-20 by the Frederick County Board of Supervisors on September 23, 2020. The Expansion Area Project is proposed to include parcels identified by Frederick County as Tax Map IDs 74-A-20, 74-A-18, 74-A-18A, 74-A-18B, 85-A-1, and 73-A-104 (“Expansion Area Land) located in the Back Creek Magisterial District in Frederick County. The Expansion Area Project area includes parcels that total approximately 636.7 acres, and from these a maximum of 430 acres will be used for solar modules. The Expansion Area Project area increases the total acreage of the Project approved under CUP #05-20 from approximately 1,160.5 acres to approximately 1,797.2 acres. The Expansion Area Project will use the same interconnection facilities previously permitted on Tax Map ID 74-A-20 under CUP #05-20. The Expansion Area Project is sited with the following considerations: ▪ Solar arrays will leave space for agricultural and orchard cultivation to continue, enabling a hybrid use of rural properties that enable landowners to diversify income while continuing to farm. ▪ The Expansion Area Project uses existing topography and vegetation to minimize impacts to the surrounding viewshed and is designed to avoid impacts to cultural and environmental resources. ▪ The Expansion Area Project will provide clean energy that matches the electricity consumption of approximately 10,000 homes in Virginia and will help the Commonwealth meet its goals for the adoption of clean energy. Currently, Virginia now ranks 11th out of the 50 U.S. states with 2,546 MW of installed solar capacity. However, with the passing of the Virginia Clean Economy Act in March of 2020 and the Commonwealth’s landmark goal of achieving zero carbon by 2050, solar capacity is expected to more than double in the next five years1 ▪ The Expansion Area Project will not require an additional substation or additional interconnection facilities and will utilize the interconnection facilities approved under CUP #05- 20. ▪ The Expansion Area Project will provide personal property and increased real estate taxes to the County over the course of its life as well as injecting direct economic activity into the County during the construction and operating periods. ▪ The Expansion Area Project may deliver additional revenue to Frederick County through a Siting Agreement pursuant to Section 15.2-2316.7 of the Code of Virginia, a provision that went into effect on July 1, 2021. 1 https://www.seia.org/state-solar-policy/virginia-solar 4 The Expansion Area Project, if approved by the Board of Supervisors, will bring enhanced economic benefits to Frederick County without detrimental effects on neighboring properties or the County as a whole, and will prevent the potential for the creation of approximately 125 residential lots during t he life of the project. Torch Clean Energy Torch Clean Energy is developer and owner of renewable energy generation facilities in the United States with offices in Virginia and Colorado. We have developed solar, solar-storage, and wind facilities, including the Red Horse Project, a 101 Megawatt (“MW”) solar and wind hybrid project. Torch has over 500MW of solar under development in the Commonwealth of Virginia, including the Chester Solar Technology Park in Chesterfield County, which was permitted in September of 2019, and the Jarratt Energy Facility, which was permitted in March of 2020. To date, Torch has developed and financed over $600 million of renewable energy projects through the country. 2. Description of Property The Expansion Area Project proposes adding the following parcels to CUP#05-20: Parcels by Usage and Acreage Parcel Acreage in Frederick County Zoning Use 74-A-20 162.00 RA Crops/Pasture/Forested 85-A-1 122.29 RA Crops/Orchard/Forested 74-A-18B 58.39 RA Crops/Orchard 74-A-18A 80 RA Crops /Orchard/Forested 74-A-19 1 RA Forested 74-A-18 109.14 RA Crops/Orchard 73-A-104 103.85 RA Crops/Orchard The Expansion Area Project is located south of Marlboro Road, approximately 1.2 miles west of Interstate 81 and Stephens City, and encompasses agricultural fields, pastures, orchards, and wooded areas. The Expansion Area Land is bounded by rural residences, farmland, and forested areas to the north, west, and south and a railroad and electrical transmission corridor to the east. This existing 138-kilovolt FirstEnergy transmission line runs between the Bartonville and Meadowbrook substations, and the Expansion Area Project will connect with this system at the point of interconnection permitted under CUP #05-2020. The Expansion Area Project is an expansion to the Project approved under CUP #05-20. A portion of Parcel 74-A-20 was previously approved in CUP #05-20 for use in the construction of interconnection facilities. The Expansion Area Project proposes using an additional approximate 100 acres of this parcel for the installation of solar arrays located south of the interconnection facilities. 5 Article IV of the Frederick County Zoning Ordinance permits utility-scale solar facilities in the RA District with an approved CUP. The Applicant requests approval of a new CUP for the Expansion Area Project to allow for the construction and operation of a photovoltaic solar energy generation facility on the Expansion Area Land which will expand the Project previously approved under CUP #05-20. 3. Project Overview Facility Summary The Project and the Expansion Area Project will produce over 300,000 megawatt-hours of clean energy in its first year of operation, which represents the energy consumption of approximately 74,000 homes. The Project and the Expansion Area Project will generate electricity from photovoltaic solar modules that will be attached to a racking supported by driven posts. Single-axis trackers will be used to follow the sun from east to west and increase the efficiency of the solar arrays. A series of central inverters will be used to convert the electricity from direct current to alternating current. The Project and the Expansion Area Project will interconnect to a FirstEnergy 138-kilovolt transmission line adjacent to the CSX railroad corridor via a project substation and switching station that were approved to be constructed on parcels 74-A-20 and 74-A-21 under CUP #05-20. No new transmission-voltage lines will be built for the Project and the Expansion Area Project. The Expansion Area Project will not use grid-scale energy storage. No batteries will be used, except for small backup batteries for the solar tracker motors, substation, and associated equipment. The Expansion Area Project will be developed generally as depicted the Bartonsville Energy Facility II, LLC Phase II Expansion Area Concept Plan (“Concept Plan”) located in Exhibit A, as included with this Application. The Concept Plan provides a map of the solar array area, the proposed point of interconnection with the gen-tie system, vegetative buffer zones, perimeter fencing, access points, and other features of the Expansion Area Project. As shown on the Concept Plan, two points of access are proposed for the Expansion Area Project. The primary access will be from Marlboro Road at the intersection of Strode McLeod Lane and an emergency access entrance will be located to the south at the Strode McLeod Lane intersection with Family Drive, approximately 690 feet west of the railroad corridor. Construction Schedule The construction of the Expansion Area Project is estimated to take approximately 12 months to achieve substantial completion. The first phase of the Project will be civil works, such as area-specific grading in order to prepare for the installation of the solar equipment. The second phase will consist of the mechanical and electrical installation of the solar equipment. The final phase is the testing of the facility and the energization of the facility. The following provides a projected construction schedule for the facility: 6 Phase 1 –Site Preparation and Civil Work: 4-6 Months Phase 2 - Mechanical and Electrical Installation: 4-6 Months Phase 3 – Facility Testing and Energization: 3 Months Overlap between the first two phases is expected subject to the final construction schedule. Additionally, construction of the interconnection facilities by FirstEnergy will occur concurrently with construction of the facility. Compliance with County Regulation The Applicant is requesting approval of a new CUP for the Expansion Area Project according to the processes set forth by the Frederick County Attorney and the Frederick County Planning Department. The Applicant completed a Pre-Application meeting with the Frederick County Planning Department and is obtaining comments from required County agencies identified during the Pre-Application meeting. Additionally, the Applicant will confer with the County Historic Resources Advisory Board (HRAB) on September 21, 2021, to discuss historical and cultural resources in the County and surrounding properties. Additional CUP Application materials have been compiled according to the County Zoning Ordinance and process guidelines. 4. Analysis of Impacts The Bartonsville Energy Facility was granted approval of CUP #05-20 by the Frederick County Board of Supervisors on September 23, 2020. According to Chapter 165, Part 103 of the Zoning Ordinance, a CUP may be granted where the Board of Supervisors finds that (i) the proposed use is in accordance with the policies expressed in the Comprehensive Plan of the County, and (ii) the proposed use is in harmony and shall not adversely affect the use and enjoyment of surrounding properties (§ 165 - 103.02). This application for approval of a new CUP for the Expansion Area Project is also consistent with the criteria set forth in the Zoning Ordinance for CUP Approval, as well as the goals of the 2035 Comprehensive Plan. The Revised Project will further support the agricultural economy and allow additional residents to benefit from new opportunities while preserving the rural character of the County. It will enable County residents to derive income from new technology that constitutes a safe, passive, and temporary use of the land. The Expansion Area Project will not adversely affect the health, safety, or welfare of persons residing or working in the vicinity of the proposed facility and will not be detrimental to public welfare or injurious to the properties or improvements in the immediate community. As a passive use located in a Rural Area District, the Expansion Area Project will not be detrimental to, or substantively change, the character of the surrounding area. The Expansion Area Project will not cause any increase in demand for County services. It will have minimal impacts on drainage and erosion and will not require the use of local water or sewer utilities. 7 Erosion and sediment controls and permanent stormwater management facilities will be provided as part of the Project to the extent required by applicable laws. The Expansion Area Project will not increase traffic in the area, and no public road improvements will be required for the construction or servicing of the facility. The effects of the Project are evaluated as follows: Visual The Expansion Area Project shall include all screening buffers identified on the Concept Plan. A setback from the Property line to solar generating equipment shall be used along the perimeter of the Expansion Area Project. Within this setback, a buffer consisting of new and/or existing vegetation will be used to screen the Project, as outlined below, and shown on the Concept Plan. The setback from external roads and property lines will generally be 100 feet, and there will be a setback of 200 feet from properties located within the South Frederick Agricultural and Forestal District. The most traveled route near the Expansion Area Project is Marlboro Road, to the north. The Expansion Area Project will not have permanent direct frontage on this route, except for the primary entrance at Strode McLeod Lane intersection. The Landscaping Plan will minimize visual impacts to surrounding properties and rights-of-way by maintaining and enhancing existing tree lines and vegetative buffers, while providing for new plantings in targeted areas. Specifically, the Project will do the following: ▪ Maintain existing tree lines along the southern and western boundaries of the Expansion Area Project; ▪ Plant a new vegetative buffer along Family Drive on the south side of parcel 85-A-1; ▪ Plant additional screening vegetation on the western and northern property line s of parcel 73- A-104 and the northern boundary of parcel 74 -A-18; ▪ Preserve existing crop fields and pasture lands on parcels 73-A-104, 74-A-18, and 74-A-20. This plan is depicted on the Concept Plan located in Exhibit A. Ecological and Drainage Wetlands will be delineated and avoided in the construction of the Expansion Area Project. Additionally, the Project will consult with the Department of Environmental Quality as part of the “Permit by Rule” process for renewable energy facilities. The Project will submit Erosion and Sediment Control and Stormwater Management plans prior to the issuance of the building permit when the design is nearly complete. Because the racking system uses driven posts for structural support the Project aims to minimize cut and fill and will primarily only grade where slopes are excessively steep and where roads, and pad for equipment are required. These uses constitute a small percentage of the total project area. Most the grading will be for stormwater basins. The Revised Project will be designed to minimize stormwater impacts and accommodate existing topography to all extents possible. 8 Cultural Resources The Expansion Area Project has received approval for the archeological and architectural study methodology in accordance with DHR and DEQ and will not directly impact any identified landmarks. Cultural and historical resources in the vicinity of the Expansion Area Project are described in Exhibit B. Additionally, the Expansion Area Project will require concurrence from the Department of Historic Resources as part of the “Permit by Rule” process for renewable energy facilities. Noise Once operational, the Expansion Area Project will not be audible to adjacent landowners. Construction activities will be conducted according to the time-of-day restrictions that will be set forth in the approved conditions of the new CUP. Traffic General construction traffic will use the Expansion Area Project’s primary access entrance on Marlboro Road at the intersection with Strode McLeod Lane. An internal road network will enable mobility throughout the facility. General construction traffic will primarily consist of personal vehicles (e.g., pickup trucks) transporting passengers, tools, and minor equipment to and around the Expansion Area Project. Due to the proximity of the Project to I-81 and the existing road network, there will be little impact to current traffic during construction from delivery vehicles and construction vehicles. Equipment and materials deliveries (e.g., solar panels, inverters, concrete trucks, construction equipment, etc.) will access the Expansion Area Project’s primary access entrance on Marlboro Road at the intersection with Strode McLeod Lane. The Expansion Area Project provide for a temporary construction laydown yard area internal to the facility located on the west side of Strode McLeod Lane approximately 900 feet south of Marlboro Road. The location of the temporary construction laydown yard area is identified on the Concept Plan. Operations and Maintenance for the Expansion Area Project will not measurably increase vehicular traffic and is generally less than 5 trips per month. Lighting Except for minimal safety and security lighting during the Construction Phase, the Expansion Area Project will not be lit. Odors, Dust, Fumes, Vibrations The Expansion Area Project will not generate air emissions. Once operational, no odors, trash, or recycled materials will be produced. No fuel or fuel storage and no outside storage will be needed on the Expansion Area Project after construction is completed. There will be no impact on water or air quality. 9 Fire Safety / Security The Expansion Area Project will not pose increased security or safety risks or fire hazards. Once the Expansion Area Project is constructed, a permanent perimeter/boundary fence will enclose the solar panels. The fence will be at least six feet high, in accordance with the National Electric Code. Primary access to the Expansion Area Project will be provided via Strode McLeod Lane at the intersection with Marlboro Road, and an additional emergency access will be provided via Strode McLeod Lane at the intersection with Family Drive from the south. An internal road network will provide access to every part of the Expansion Area Project. These new entrances are in addition to the three entrances to the Project approved under CUP #05-20. The Expansion Area Project will be monitored remotely on a 24/7 basis. The Operations Team will have the ability to remotely de-energize the Expansion Area Project if necessary and immediately contact and coordinate with the appropriate local fire and EMS personnel. Training will be provided to local fire and EMS on FirstEnergy emergency procedures and notification in case of emergency. Community Outreach The Applicant has met with landowners in the vicinity of the Expansion Area Project site, including residents and owners of businesses. Feedback from these meetings have influenced the Concept Plan for the Expansion Area Project, particularly with respect to the buffer planting and use of existing topography and vegetation to screen the Expansion Area Project from view. 5. Decommissioning The Code of the Commonwealth of Virginia requires the owner, lessee, or developer of a solar project to enter into a written agreement to decommission the project prior to the issuance of a site plan . To support this application, the Applicant has provided Exhibit C, a revised Preliminary Decommissioning Plan that is updated from the previously permitted version. Prior to the issuance of the Site Plan, a Decommissioning Cost Estimate and means of financial security will be provided in accordance with Exhibit C and Virginia Code.