Endless Caverns North Project/Endless Caverns South Project

Request for Denial of Permit Request Under PBR Process

Based on the significant deficiencies and ongoing pattern of abuses by Energix Renewable Energies in its numerous Virginia solar energy projects, I urge DEQ do deny Energix’s request for a permit to construct its proposed Endless Caverns North and South solar projects in Rockingham County.  I own a farm approximately 1 mile from the proposed facilities and would be directly adversely affected by these projects.

Energix has substantially changed the plans for this project since the public meetings required under both the County special use permit process and the DEQ PBR regulations, effectively denying the public the opportunity for input on the current design of the project.  This has effectively denied the public the opportunity for meaningful input in both the County and DEQ processes.  It is the clear intent of the PBR rules to ensure such meaningful public input.

Further, in making a determination on Energix’s Endless Caverns application, DEQ has a clear obligation to consider Energix’s continuing pattern of non-compliance and misrepresentation in its various Virginia projects.  These pattern of misconduct has been well documented in a number of other public comments submitted in connection with this PBR request.  In cases such as this, DEQ clearly has the discretion to reject a permit application based on such a pattern of misconduct, and in this case DEQ should exercise its discretion to deny Energix’s permit request.

Finally, under Energix’s proposal, the solar panels would be placed on steeply sloped land draining directly into Smith Creek, one of only three watersheds within the multi-state Cheasepeake Bay watershed designated by the federal government and the state for special water quality remediation efforts.  Energix did not submit any water runoff control plan in connection with the County SUP process and it is our understanding that the same is true with respect to its PBR application.  This provides another compelling reason to deny its permit request. 

For the foregoing reasons, we respectfully request that DEQ deny Energix’ application.

Robert Boisture

Mary Margaret Pipkin

16912 Mountain Valley Road

New Market, VA  22844

bobboisture@gmail.com