Thank you for the opportunity to comment on the proposed revisions to the Virginia’s Solar Permit By Rule.  We appreciated the opportunity to serve on the Regulatory Advisory Panel convened by DEQ to provide input on the revisions, and overall, The Nature Conservancy supports the revisions.  We do have refinements to suggest for a few specific provisions, outlined below.

The one-year delay in implementation of certain requirements gives time for developers to adjust to new requirements.  However, we are concerned that this delay could lead to a flood of incomplete applications being filed in order to avoid additional requirements.  Perhaps instead of the new requirements applying to applications “submitted after 12 months after the effective date of the amendments,” they could apply to “any application not deemed complete by DEQ by 12 months after the effective date of the amendments.”

We support the revised regulation’s requirement to mitigate for impacts to C1 and C2 ecological cores identified in the Virginia Natural Landscape Assessment.  We note however that due to their outstanding ecological condition, impacts to C1 and C2 cores are difficult to offset.  Ideally, this mitigation requirement will result in complete avoidance of these resources.  In the event that there are residual impacts after all feasible avoidance and minimization measures have been taken, applicants will need guidance to ensure that their proposed compensatory action constitutes an adequate offset.  We strongly recommend the establishment of such guidance based on methodologies developed by DCR for this purpose.

We support the intent to reduce barriers to developing solar projects on previously disturbed land as provided in proposed 9VAC15-60-130. However, we note that previously disturbed sites can recover and may currently support wildlife, heritage and cultural resources, and intact forest.  For example, several previously mined sites inventoried by DMME fall within the ConserveVirginia analysis of conservation priorities.  To address this, we recommend that language be modified to specify areas “where industrial or commercial activities ended within the last 50 years.”

Again, thank you for the opportunity to comment on the proposed revision to the solar Permit By Rule.  If you have any questions regarding these comments please contact Judy Dunscomb (jdunscomb@tnc.org) or Nikki Rovner (nrovner@tnc.org).