Virginia Regulatory Town Hall
Agency
Department of Environmental Quality
 
Board
Department of Environmental Quality
 
chapter
Small Solar Renewable Energy Projects Permit Regulation [9 VAC 15 ‑ 60]

33 comments

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1/3/23  3:07 pm
Commenter: Joni Lam and Rockingham County Citizens for Responsible Solar

No to solar companies who abuse DEQ rules
 

Good afternoon,

I obviously support the regulation amendments in my previously submitted petition.  I will try to reinforce my December submission while also bringing forward other concerns. 

Caden Energix and other solar companies have been taking advantage of the system and abusing the requirements that DEQ has had in place. Stricter regulations with more specific steps and clear-cut timelines are needed. 

I am a local property owner of the proposed location of Energix Endless Caverns North and South. I have had many pressing questions during this entire process. While some have been answered, the company has avoided answering many other questions and has even lied to me in response to some of my inquiries (for example- on First Solar’s recycling program). They told our local Board of Supervisors lies in order to get them to approve the Special Use Permit (for example- the lie that there was no graveyard on the property) and then conveniently admitted the truth after the Board's approval. 

I am GRAVELY concerned with Smith Creek which runs adjacent to the property for many environmental reasons such as runoff, water quality, issues this could disturb the wildlife in the stream, and otherwise. It has been stated that there are no caves within several miles of the proposed site; while we have documentation of bats in the adjacent Endless Caverns property from earlier this year.

Energix, and perhaps other solar companies, has gone to great lengths and numerous lies in order to deceitfully get their industrial solar installed on A1 agriculture-zoned land. This has to stop before we no longer have the land, agriculture, wildlife, and other resources around. We can not allow negligence on the part of responsible policymakers for issues that we didn’t take the time or ability to consider more carefully.

I am sure I will be in contact with other concerns, but another area that hasn't been mentioned greatly is the soil disturbances and Energix's lack of a soil conservation plan. I think these are all issues that DEQ need to address as they include additional regulations such as amendments that I have recommended. 

I call upon DEQ not to issue a PBR to Energix Renewable Energies for its Endless Caverns North Project and Endless Caverns South Project.  The Energix PBR is an example of “fruit of the poison tree” that should only lead to a cancellation of this and any future related Endless Caverns permits submitted to DEQ. 

CommentID: 206816
 

1/3/23  8:18 pm
Commenter: Duane Lam

Negative Impacts
 

I am a beekeeper and honey is one commodity that our farm sells.  Living on a property across from the proposed Energix Endless Caverns north and south locations, I am concerned about the negative impact a large-scale industrial solar installation will have on the honeybees. 

As you may know, Energix enticed the Board of Supervisors with the idea that they will plant “polinator-friendly plants” under the solar panels. This sounds good on paper, but in actuality, it does not provide the benefit that it may lead someone to believe. Pollinator-friendly plants need full sun in order to grow.  Flowers don’t grow in the shade and not enough nectar supply is made without full sunlight.  Therefore, the idea that the completed project will benefit the habitat in this way is actually contrary to the current benefit it is providing. Since this location is a cattle field, the farmer does not cultivate this grazing land and a large amount of field thistle currently grows. Thistle honey is actually a highly desirable type of honey and has many health benefits it provides to those who prefer it. With the mass removal of it from this area, there will inevitably be a decline in honey production and pollination from this area.

The other topic I wanted to raise my concern over is that of the topsoil. In the more recent meeting with Energix, we asked if the company had a soil conservation plan; to which they stated no.  They admitted that they would be stripping the topsoil from the land, trying to reduce down the higher peaks of the property to the lower-lying areas, and have the intent to replace the topsoil before installation of the panels. Again, this will be taking prime A1 agricultural land and stripping all of the top layers that promote good plant growth.  Our area has been known for having an occasional deluge in which we receive a significant amount of rain in a relatively short period of time. I am concerned with the stripping of this topsoil, that a heavy rain would cause all of that to be washed away before it is able to be re-established. It was also reported that in Shenandoah County (our neighboring Energix location), the company stripped the topsoil and sold it (it was not fully re-applied).

Finally, A1 agriculture land should NEVER be used for industrial solar. This is an irresponsible use of another commodity in very limited supply, especially during a global food crisis.

 

CommentID: 206817
 

1/3/23  9:22 pm
Commenter: Jeff and Charity Derrow

Environmental Concerns Regarding Caden Energix
 

Hello, and thank you for the time to hear our concerns and requests.

We are frustrated with Caden Energix and their irresponsible management of the Endless Caverns North Project and Endless Caverns South Project.

Caden Energix claims to support clean energy but has failed to provide timely information about its solar farm projects. They filed their Notice of Intent for their Endless Caverns project after its site plan submission and the SUP vote. Neighbors of the project are left in the dark, with critical environmental questions not fully answered. Corners are cut to push ahead on a project before all the facts are made public. It seems as if this is an ongoing practice with Energix to speed through permitting processes.

The best way to ensure projects serve the public good is through detailed planning and written commitments that are not misleading and are filed on time. Environmental responsibility should be at the forefront of ALL projects, even those designated as “green.”

Our region has invested heavily to improve the water quality of Smith Creek and to preserve its farmland. Landowners have worked with environmentalists to fence cattle from creeks and prevent chemical runoff from crops. As homeowners that live along the creek, we took extra steps to install a protective septic system. We expect the same from corporations.

We worry that improper and hurried application processes may result in negative agricultural impacts and waterway pollution, consequences that we will live with, not Energix. We have concerns about erosion and runoff impacts. How will this large industrial facility affect the abundant wildlife and waterfowl that call this home? What are specific plans to safely remove and dispose of spent panels?

We hope you consider these factors and not issue a PBR to Energix Renewable Energies. We also voice our support for the DEQ regulation amendments.

CommentID: 206818
 

1/4/23  8:08 pm
Commenter: Cody Miller

Public concerns
 

The public and environmental effects on the land, and surround area. More negativity disrupt than add positively to this agricultural site in our wonderful state. In hindsight, local and VA citizens would appreciate and remember if our State officials acknowledged these facts, reject current seemingly unethical plans, and considered other options!

CommentID: 207830
 

1/5/23  10:28 am
Commenter: kenneth a jemielity

Deception by Energix
 

It seems to me that Energix is actively deceiving the public about its intents and trying to evade DEQ compliance by front loading it’s applications for utility scale solar. I interpret this to mean that they wish to maximize profits by not having to comply with the new,more stringent rules . By extrapolation, the developer does not have community interests at heart,and exhibits a poor moral policy by attempting to subvert the regulations that are coming. I can’t help but wonder,though, why the time frame for compliance was rolled back.

CommentID: 207838
 

1/6/23  1:35 pm
Commenter: Eugenio Burgaleta

Energix deception regarding proposed River Trail project
 

I’m writing to ask that the DEQ not issue a permit for the proposed RiverTrail Solar / Energix project in Carroll County due to the deceptive practices leading up to the PBR meeting in Galax . 
 As required, River Trail Solar / Energix posted public notices in the Galax Gazette on 11/2/22 and 11/9/22 in both of these public notices Energix / River Trail stated that the Carroll County Board of Supervisors had already approved the River Trail project , this was a false statement that should have not been included in the public notices . 
 Energix/River Trail’s attempt to discourage residents from attending the meeting by misrepresenting it as a done deal is quite obvious . 
The lack of transparency and attempts to game the DEQ’s regulations by Energix throughout Virginia should not be tolerated . 
Allowing Energix to move forward by issuing them permits at this time without further review would be a disservice to the people of Virginia.

 

 

 

CommentID: 207839
 

1/7/23  12:50 pm
Commenter: Katherine Metres Akbar, Person2Person International

We don't need violators of international law and local environmental regulations in Virginia
 

Energix is not only in violation of the community notice regulations; it also has a terrible international reputation due to its exploitation of natural resources on occupied land in Palestine. Surely there are U.S.-owned companies that are more deserving to provide green energy for Virginians.

CommentID: 207847
 

1/9/23  10:00 am
Commenter: Paul Murphy, Ph.D.

Energix Must Not Disrupt Nature's Plan
 

I own and operate Rosendale Inn Bed and Breakfast located on Rt. 620. just slightly up the road from the proposed solar industrial facility. I also own 17888 Mountain Valley Road (Rt. 620) next door to the Inn. I am opposed to the Caden Energix Endless South project (hereafter referred to as "Project") on numerous grounds.

First, I grew up in a farming family in Missouri—a family which believed agricultural land is sacred and must be preserved for the future of humankind, the environment, and generations to come. It is shameful to desecrate prime agricultural land (A1). The Project will do that and forever change the pristine nature that abounds in and around proposed Project land and adjoining Smith Creek, altering the ecological balance of a Chesapeake Bay tributary by dangerous water runoff.

Secondly, The Project will be located in an area that is a major tourist attraction thanks to  Mother Nature. Rt, 620 (Mountain Valley Road) running along Smith Creek is a popular bicyclist route from New Market to Harrisonburg.  It attracts bicyclists and bicycle clubs from all over. Nearby Endless Caverns is a significant tourist attraction and RV camp ground, and my Bed & Breakfast was is usually full in the summer and fall. Bird watchers come here. Wildlife is abundant. There is fishing in Smith Creek. Bald Eagles soar overhead. The Project will significantly impact all this.

Thirdly, the rich history of the area will be impacted. Endless Caverns and Rosendale Inn is associated with three U.S. Presidents, Will Rogers, the Dean of the National Cathedral, aviation world record setters, and other luminaries. Before them, George Rosenburger, who built the Rosendale farmhouse and farmed 3000 plus acres (including the proposed Project land), was known far and wide for his contributions to Virginia agricultural conservation and farming excellence. A famous Virginia educator, Joseph Salyards (who lived at Rosendale in the Civil War years) penned this epic poem about the area:

It is a green and smiling swell

A spot for happiness to dwell

It seems that Nature shapes a plan

And molds a dwelling spot for man

And this was meant to be home

Of loves and joys that never roam

Wouldn't we be the wiser to heed Nature's Plan?

 

CommentID: 207854
 

1/10/23  9:32 am
Commenter: Virginia Coalition for Human Rights

DEQ must change NOI regulations to ensure fairness and transparency
 

DEQ must change NOI regulations to ensure fairness and transparency

 

VCHR supports petitioners’ request for DEQ regulation amendments.  We are particularly concerned about the need for DEQ to tighten its regulations and enforcement for a Notice of Intent (NOI). 

 

We ask that DEQ require developers to submit NOIs BEFORE the submission of a PBR application.  Way before.  At least three months prior to DEQ mandatory public meetings or at least six months prior to an SUP/CUP vote before a local governing authority.  That way, interested stakeholders following DEQ publication of NOIs in the Virginia Register and stakeholders following NOIs in the Town Hall website (townhall.virginia.gov) will be informed of upcoming projects.

 

As it stands now, DEQ suggests that developers submit an NOI to DEQ as “soon in the development process as practicable”.  But the developers don’t.  They don’t because they don’t have to. DEQ mandates no hard and fast dates or time frame in which to do so.  We believe this renders the NOIs counterproductive because it doesn’t give stakeholders meaningful opportunity to participate.  In short, very few local residents know about the project until it’s over and done with.  Furthermore, this lack of transparency amplifies citizen concern that state governments don’t care about them.

 

Current DEQ oversight to mandate a firm timeframe for NOI submission allows developers to subvert the intended process, we believe.  Especially developers like Energix Renewable Energies that typically contract land leases and develop preliminary plans for a solar plant (the development process according to EPA) one year or more before submitting NOIs.

 

 I present three cases-in-point.

 

  1.  Willow Solar LLC in Franklin County.

August 8, 2022—Energix contacted county officials

December 19, 2022—Energix submitted PBR application to DEQ

December 19, 2022—Energix submitted NOI to DEQ

 

  1. Shifting Sands Solar LLC in Henry County.

March 10, 2022—Energix contacted county officials.

June 29, 2022—Energix received CUP from Board of Zoning Appeals

July 15, 2022—Energix submitted NOI to DEQ

 

  1. Whalebone Solar LLC in Caroline County

August 26, 2021—Planning Commission held a Public Hearing

September 20, 2022—Energix received CUP from Board of Supervisors

September 20, 2022—Energix submitted NOI to DEQ

 

In addition to amending the NOI regulation, VCHR asks DEQ to require that all NOIs contain the name of the developer’s parent company (and the LLC) and that a headquarters address that is associated with a dedicated office space be included.  No anonymous LLC-only NOIs should be allowed.  That way, residents would be aware of what company is the developer and residents would be aware of what its track record is.  For example, “Energix Renewable Energies, Ltd, Doing Business as (D/B/A) Shifting Sands Solar LLC” would be acceptable. “Shifting Sands Solar LLC” would not.

 

 

 

 

CommentID: 207859
 

1/10/23  8:50 pm
Commenter: Anonymous

Care about the environment
 

If we care about the environment, we should always consider ways to use less of it. Taking less land, using less materials, producing less hazardous waste (such as those from used or damaged solar panels). Putting an industrial-scale solar array in an agricultural space such as the Energix Endless Caverns North and South locations is actually the opposite of doing what we should if we care about the environment.

No one should be allowed to take more than 300 acres of land that is currently in agricultural use to install non-porous surfaces that could potentially leach wastes into the adjacent stream (Smith Creek). Caden Energix should be denied in this location permanently and more strict policies should be put in place on solar (such as being restricted to other non-porous surfaces like rooftops).

CommentID: 207863
 

1/15/23  3:57 pm
Commenter: Robert & Sandra Goodman

Caden Energix Environmental Violations
 

My wife and I live on Endless Caverns Road. In researching Caden Energix projects in other locations of Virginia we have learned of some of the practices of this company that give us concern that the same negative leadership within the company will prove to have the same results with the proposed Endless Caverns Solar site.

There has been much done to improve our waterways and farmland in our community and there is great concern that a site of this size could greatly impact what man has been trying to preserve. There have been many good intentions by man that have resulted in rivers that have been contaminated for years to come that our children will have to feel the results of as well. Smith creek is a valuable resource that could be impacted with a facility so close. I understand that in Franklin County, Smith Mountain Lake property owners concerns over toxic runoff from Cadmium Telluride solar panels prompted Energix to withdraw their application for a Westlake Solar project. If that could be a issue for Smith Mountain Lake I can see that it could be the same for Smith Creek. Runoff from these panels could also go into the soil and possibly our drinking water. Clean energy at what cost to our environment?

In Wythe County and Buckingham County Energix has been fined for environmental violations. I hope there will be a close look  at what could happen to our farmland, streams, ground water and wildlife before something has been started that cannot be reversed.

Caden Energix and other solar companies have been taking advantage of the system and abusing the requirements that DEQ has had in place.  Stricter regulations with more specific steps and clear-cut timelines are needed.  

We hope you consider these factors and not issue a PBR to Energix Renewable energies.  We also voice our support for the DEQ regulation amendments.

 

 

CommentID: 207875
 

1/16/23  1:53 pm
Commenter: Mary Hodge

No to Energix
 

As a farmer and owner of A-1 Agricultural property in Caroline County, Virginia, I support the petitioners of the neighboring Caden Energix Endless Caverns North and South solar installations, and request DEQ to revoke Energix's PBR.  I also request DEQ to amend the requirements for NOI and PBR to require the correct application process and timeline, as well as providing a valid source company, and not naming a ghost company LLC in disguise.

This testimony will reflect my experience with Energix in Caroline County, VA where Energix filed two Special Exemption permits for solar installations.  One, for Whalebone solar, a minor project on 40 acres was ultimately approved by our Board of Supervisors, despite being sent from the Planning Commission with no recommendation.  And two, Racehorse solar, another minor project on 145 acres, which our Board denied for numerous reasons.  For both of these projects, there was never a public announcement in local media of a community meeting to inform local residents of their plan prior to the first planning hearing.  Hence no local residents knew anything about these two proposed solar projects, reflected in the absence of citizens attending the initial Planning Commission Public Hearings on August 26, 2021.  In fact, the only resident who spoke against Whalebone stated he shared a common boundary line with the project, and only heard about it from "a neighbor who heard about it from another neighbor."  This project was ultimately approved by our BoS on August 16, 2022, however a NOI and PBR were both received by DEQ on September 20, 2022.  If the NOI had been filed prior to the application, perhaps local citizens would have been informed.

I find it very disheartening that this company continues to flaunt it's exclusive use of solar panels sourced from First Solar, which contain the heavy metal Cadmium Telluride that has a strong potential for soil and water contamination, and has never posted a pre-paid recycling commitment.  This company has been the subject of numerous stormwater and erosion violations last year alone in Virginia, and their representatives were not truthful in their disclosures of when these incurred in our county meetings.  In addition, prior to their Racehorse proposal's denial by the Caroline County Board of Supervisors, their representative was unable to state how they would rectify stormwater and environmental damages incurred to neighboring properties.

Due to the potential for erosion and pollution alone to this beautiful, scenic, and pristine area, I would ask DEQ to revoke the PBR for Energix Endless Caverns north and south, as well as strengthening the rules for the solar application and permitting process.

CommentID: 207878
 

1/17/23  11:45 am
Commenter: Matthew Meares

Recommendation on proposed PBR regulation changes
 

I know nothing about the issues with Energix, nor can I comment on them.  I would like to comment on the proposed regulation changes. 

As background I am a Principal at Sunworks NC and of Virginia Solar LLC.   As principal of Virginia Solar, I formerly managed all engineering, development, permitting and interconnection processes regarding the company’s solar projects.  In prior years, I developed solar projects receiving 13 local zoning approvals and 10 state PBR approvals. 

On the proposed regulations I would like to make the following comments on the section “"As early in the project development process as practicable” should be further defined as "and at least three months before the mandatory public meeting or six months before any county board of supervisor vote.” Any refiling of Notices of Intent after a special use permit is issued should trigger a restart of the public meeting and SUP vote, or DEQ will not consider the SUP submitted with PBRs as valid.

I agree with intent but would change the language.  I would further define “As early in the project development process as practicable” with “and the earlier of (i) at least three months before the PBR required mandatory public meeting or (ii) at the time of filling of a zoning confirmation letter, permit application for the facility or the equivalent thereof with the relevant local permitting authority.”

I believe this matches the intent of having the NOI filled before the local permitting authority acts on the matter and well prior to the public hearing required by the PBR.  The issues with the original language are:

  1. There are multiple jurisdictions where the board of supervisors may not hear solar applications (Henrico county being a notable example of this, it goes to the board of zoning appeals.)  Hence why the original language referencing the board of supervisors does not make sense. 
  2. There are land use categories in most counties where solar is allowed by right and therefore no land use permit is required (manufacturing or industrial land in most counties allow solar by right). 
  3. Predicting when a county will hear a matter is next to impossible as there are frequent delays, they can schedule additional meetings with only 2 weeks’ notice, they can change their schedule frequently, hence why 6 months before the county vote makes no sense as a practical matter. 
  4. Solar projects can be built in cities which makes the reference in the original language to county incorrect.  I have done one in a town.  Using permitting authority fixes this issue. 

I am completely in disagreement with sentence “Any refiling of Notices of Intent after a special use permit is issued should trigger a restart of the public meeting and SUP vote, or DEQ will not consider the SUP submitted with PBRs as valid.”  And think it should be removed.  I disagree with this language for the following reasons:

  1. I do not believe that DEQ has the legal authority or ability under the PBR statute to invalidate a duly issued and legally enforceable local permit.  Further neither DEQ, nor the project developer, can force a county to rehear a project where nothing has been changed since its previous approval. 
  2. The local jurisdiction having authority are already required to provide public notice of all of their meetings and the agenda for said meetings under state statute 15.2-1813.  The NOI process is not nor never intended to supplant the notices required of the county nor to inform the local populace of solar projects in its local.  If people have an issue with the notices they receive about solar projects they need to address those issues with their county representatives.  I do agree that certain counties do a better job of alerting neighbors of projects than others but those county choices. 
  3. It is well within the authority of the local jurisdiction permitting agency to makes changes to a project such as restricting the land available to be used for a solar project, restricting the number of MW installed, the technologies that can be used, and even the location of the solar facility (all of these have happened to me).  This is all information normally provided as part of the NOI.  Therefore, a local jurisdiction which approves a permit may very well cause the NOI to be out of date.  The DEQ cannot fault a county for using its authority nor the developer as it is a matter outside of their control. 
  4. The part about the PBR public meeting being restarted if a NOI is refilled is already required by the existing PBR language.  The draft of the PBR application must be posted at a public location.  This draft includes the local jurisdictional approval and the NOI. The only portion of the draft PBR application which can’t be finalized is the portion on the public comment period itself.  Hence if the applicant does not have the local permit in place or subsequently changes the NOI the materials provided to the public would be incorrect.  Therefore, it is already well within the authority of DEQ to require a new public comment period and public meeting, in these circumstances. 

For all of the reasons above I think the language should be changed to “As early in the project development process as practicable and the earlier of (i) at least three months before the PBR required mandatory public meeting or (ii) at the time of filling of a zoning confirmation letter, permit application for the facility or the equivalent thereof with the relevant local permitting authority.”  The second proposed sentence should be struck in its entirety. 

CommentID: 207882
 

1/17/23  10:20 pm
Commenter: Concerned Voter

NO TO ENERGIX
 

they’re evil and deceptive! omgoodness!

no to this evil 

CommentID: 207888
 

1/17/23  10:22 pm
Commenter: Ralph Nader

Hell NO to this Energix Abomination
 

Deny this disgusting petition 

CommentID: 207889
 

1/22/23  3:32 pm
Commenter: Dennis & Belva Higgs

Our Concerns over Energix Endless Caverns (both projects)
 

Here are some of our many concerns with the Energix Endless Caverns projects (both North and South):

  1. We have concerns about the groundwater, our wells being potentially contaminated, the damage already done to Smith Creek from flooding and how this could make it much worse, and how the shoulders of Mountain Valley Road are already falling into the creek.
  2. How about the runoff from the solar panels and the potential to affect the Chesapeake Watershed? Has anyone even bothered to take a look at the concerns of issues that this will cause?
  3. My land boundaries are in Smith Creek. Did anyone bother speaking to me about the extra water runoff onto my property? No
  4. What about the historical value of the one home on the South property that is historic? What about the grave sites, etc.?
  5. What evidence has been provided on the safe disposal of the panels? None. The company has stated numerous times there are recycling programs out there but refuses to offer evidence that they participate in them or have contracts that hold them to a standard at the end of the panel life.
  6. My property will not sell at the present value of taxes. This will definitely decrease the value even more.
  7. We are tired of witnessing people not properly doing their job or being bought off.
  8. They don't even bother to show up and answer questions at meetings because they don't have answers or will recite the same rhetoric with no evidence to support it.

For this and many other concerns, we request you reject the Energix Endless Caverns North and South permits and not allow them to dismantle this rural countryside.

CommentID: 207928
 

1/22/23  4:32 pm
Commenter: Greta & Randy Miller

Stop Caden Energix Endless Caverns comment
 

Many people avoid taking a stand on something, just assuming that someone will do it.  And usually I'm one of those that have faith in the system and believe that someone who is better in making their argument will take care of voicing their opinion.  But in this case, I feel that I need to share my concerns.  I am in full support of the efforts to STOP the  Caden Energix Endless Caverns North and Caden Energix Endless South per the petition that you have received on December 8, 2022.

 

I moved to the Shenandoah Valley in 1979 right out of college with my new husband.  We had visited his family and I came up and worked in Shenandoah National Park for the summer, just to see if this is where I would want to live with my husband and raise a family.  My husband grew up on a small family farm and went to college to get a degree in agriculture. I fell in love with the valley.  The pristine farms, the beautiful blue sky, the gorgeous mountain views.  And so, as soon as we graduated, we moved to the valley and the following year my husband and I purchased a small 50 acre farm.  Over the years we rented three other farms, have over 100 head of black angus cattle, make over 1500 bales of hay, and plant and harvest over 22 acres of corn.

My heart bleeds for all the locals that are fighting developers who don't even reside in the valley, but want to make as much money as possible.  And then taking away the beautiful farm land for their own gain.  It's just atrocious.

I'm not opposed to solar - just oppose local and state officials that don't look at all the options that are available.  With all the industry and chicken farms in the area - why not just put solar panels on top of them.  There are so many options, much better suited for this area than using up farm land.

I can guarantee that no county official or state leader would ever agree to these solar projects if they were adjoining or across from their own homes.  Who would want to live with a view of hundreds of solar panels every single day, let alone worry about all the water runoff and contamination.  Step back and think of your own property, how would you consider a project such as this.

It's disappointing that the DEQ has allowed these "get rich companies" to use their wits to work around the system to get their Notice of Intent and permits approved.  And then many of the same company solar projects in other areas have not followed through with their promises but continue to move forward with stripping the lands and installing solar panels that make it look like a huge industrial site.

 

I urge DEQ to step back and take another look at Energix plans and past history.  Don't let this project go down as another mistake.  Farming is such an important industry in Virginia, and I am so proud that my husband and I took the bold step fresh out of college to go in debt to own a small piece of land to farm, preserve, and protect and share with our children the importance of caring for the land.  Now it's your turn to care and do what you can to stop this project.

 

Many thanks for your consideration.

 

Greta & Randy Miller

 

CommentID: 207929
 

1/22/23  8:54 pm
Commenter: WFO Inc.

Too many questions still exist
 

As a resident of  Mountain Valley Road (near the Energix Endless sites), I am very worried about all of these panels increasing the temperature in the surrounding areas and homes. I would like to see the results of past and current studies on this.

Also, what is the effect on water? Neighboring wells?  And runoffs downstream?

How about the scenery and beauty of our historic valley? What studies have been done to determine the negative impact a project of this nature would have on that?

How do you dispose of bad panels? These questions need to be fully answered.

As a concerned citizen, I ask you to reject Caden Energix or any solar on this site and any other A1/A2 land.

CommentID: 207930
 

1/22/23  11:57 pm
Commenter: Scott Flood

Amend NOI
 

The DEQ process regarding utility scale solar facilities is in dire need of an overhaul.

The current NOI portion of this process has multiple faults. These include the following:

    • Stakeholders do not have meaningful opportunity to participate. 
    • Parent companies and their divisions or subsidiaries that oversee multiple energy projects are not identified
    • Often, very few local residents and landowners are aware of a proposed project
    • Inadequate or often no time for county/city officials to gather and digest impacts of projects 
    • Inadequate or often no time for citizens to gather and digest impacts of projects 
    • Lack of transparency surrounding process

Local officials and citizens need time to assess and evaluate how individual utility scale solar projects mesh with land use, local impacts, community desires, etc. Input should also be sought from DCR and DWR as part of the local process. The siting of each project can greatly vary and consume enormous tracts of land that encompass many square miles, yet can fall under the purview of a DEQ Solar PBR Application. 

Example of NOI obscuring chain of ownership:

Riverstone Solar, Notice of Intent - Small Renewable Energy Project (Solar) - RE0000211

Date Posted: 12/1/2021

Expiration Date: 12/20/2021

Note: Ares Management is the majority stake holder of Apex Clean Energy. Apex Clean Energy has and is developing multiple energy projects across the United States. These assorted projects are developed as LLCs. It would be helpful to stakeholders if company hierarchy was disclosed through the NOI.

Example of NOI hindering stakeholder participation:

Riverstone Solar LLC (being developed by Apex Clean Energy) entered the PJM New Services Queue on 9.12.2018. However, the NOI was posted to the Regulatory Town Hall on 12.01.2021. Over three years of time elapsed between these two events.

Further, The Riverstone Solar LLC NOI was posted after a SUP was approved by the Buckingham County BOS. The original SUP had been approved almost a month prior to the NOI.

The NOI process should be amended and improved. The NOI should be submitted and posted at the State level months prior to any local level introductions or public hearings. This will serve to promote meaningful public involvement. Additionally, majority stake holders, parent companies and developers of multiple LLCs involved with the proposed projects should be disclosed as part of the NOI.

 

CommentID: 207931
 

1/23/23  12:43 am
Commenter: Stevie Jones

Caden energix endless caverns north and south project is just way too large
 

This industrial solar project should NOT be on agricultural land we lose acres and acres of farm land every day to development, this land is prime agricultural land. This nation is headed for food insecurity it is getting closer all the time with less farm land it will happen faster, we need to conserve the valuable land wisely. Plus all the toxic poisonous run off from the panels into Smith Creek will kill off the fish and poison all the wildlife that use the creek for survival. With all the school buildings and shopping center roof tops put the panels there, we have to be smart with future developments like this. The caden energix endless caverns north and south project is just way too large

CommentID: 207932
 

1/23/23  8:48 am
Commenter: Greg Sudholt

Solar project on Hebron
 

I don't see a need yo rush this. A public Moratorium seems reasonable on a project of this size and magnitude.

 

CommentID: 207933
 

1/23/23  9:50 am
Commenter: Robert Boisture and Mary Margaret Pipkin

Endless Caverns North Project/Endless Caverns South Project -- Request for Denial of PBR Application
 

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

CommentID: 207934
 

1/23/23  9:58 am
Commenter: Frances Jones

Worried about the wildlife impacted by the caden energix endless caverns north and south project
 

This industrial solar project by caden energix endless caverns north and south is way too big all of the wildlife it will displace is extreme. I have lived beside the proposed properties for  over 38 years and have seen deer, bear, wild turkey, squirrel, raccoons call it home, raise their families, I have seen red tail hawks and some Bald eagles grow up on that property. A project like this would distroy their home. Wildlife feels more threatened every day bad enough with development as it is, we wouldn't want our home ruined, we shouldn't be ruining theirs, we would never be able to see such beautiful wildlife like that again. Going through with a project this big would distroy the wildlife

CommentID: 207935
 

1/23/23  10:51 am
Commenter: Mike Stewart, Endless Caverns

Disruption of the Shenandoah Valley
 

I see many obvious reasons in the comment section as to why this is not a good idea.  To add another perspective, I'd like to point out that our property overlooks the proposed site for the solar farm.  We are a tourist destination spot.  People come from all over the country to visit, explore and view the beauty of the Shenandoah Valley.  They return often and usually bring their friends and family.  They are a crucial part of our local economy.  I understand this tourist perspective is hard to quantify, however, it is part of the equation.   Many miles of the Massanutten Mountain range overlook the proposed site.  The proposed solar farm will not be tucked away in an obscure area, it is basically in view of the many hiking trails and overlooks that are synonymous with our valley... This comment is not a knock against renewable energy, but it is a knock against the location and the potential disruption of our fragile ecosystem.  More time is needed to fully understand all impacts of such a proposal and in the end to determine that the proposed location it not in the best interest of the community. 

CommentID: 207937
 

1/23/23  2:07 pm
Commenter: Eugenio Burgaleta III

We do not need River Trail or any other project from Energix DEQ violators
 

We have just gleaned some insight into Energix's duplicitous practices with regards to gaming the system and deceiving the public in an attempt to fast track the proposed River Trail solar project. They have already been fined a combined total of over $90,000 for DEQ violations at their Wytheville and Buckingham solar sites.

Energix is a foreign entity that has been placed on a list of human rights violating companies and organizations by the United Nations for actions in and around their home country. They are here to exploit the land and natural resources and have zero loyalty to the good people of Carroll County.

The cadmium telluride panels they use are extremely toxic and pose a very real and proven threat of heavy metals leaching into the soil and groundwater, destroying the land, water, and wildlife forever. Most if not all of the land on the proposed solar sites are zoned as agricultural. Then there is the matter of maintaining and disposing of these toxic panels which has yet to be addressed.

This is barely scratching the surface of the major concerns that this and all other proposed Energix projects present. We do not need this and moratoriums should be issued wherever applicable.

CommentID: 207938
 

1/23/23  4:03 pm
Commenter: Tommie Martz

Caden Energix Endless Caverns solar
 

As i live at 999 Craney Island Road, New Market Va. i strongly support petition number 380.  It is apparent Caden Energix is not to be trusted to do what they say they will do.  The county, state of Virginia or whomever should not want to do business with a company that does not follow the rules in a timely manner and does not offer information as to physical address and headquaters of the company.   The DEQ should amend their regulations to prevent solar utilities from financially jeopardizing landowners and flag companies who offer misleading NOIs and other information.

CommentID: 207939
 

1/23/23  5:07 pm
Commenter: Kate Wofford

increased access to information results in better informed local decisions
 

As Virginia transitions to renewable energy, local governments and communities will make better informed decisions if they have access to complete information about solar development proposals. We encourage as much transparency as possible, including information about solar developers. Could DEQ be prepared to make information about applicants available upon request, such as what other projects are completed or being proposed through the PBR? have there been complaints or actions against them? what are their affiliations? As a general principle, we believe that more information to elected officials and community members will result in better sited and constructed solar installations. 

CommentID: 207940
 

1/23/23  5:26 pm
Commenter: David Jenkins

Solar impact
 

As a resident of Rockingham county I have a few concerns about the  proposed Energix Endless Caverns site. To begin, my biggest concern would be that of Smith Creek running along the whole eastern border of the site. This should certainly make runoff a major concern of the project. Impacts of potentially contaminated water due to panels being potentially compromised would haunt the surrounding area for years with contaminated wells and drinking water. This site as well as thousands more downstream rely on the creek and groundwater to water their cattle and for drinking water. On hot summer days I presume the surface of these panels would be well above 150 degrees, that’s equivalent to having a paved parking lot draining straight into the creek. With such hot runoff, one can only assume that the creek temperature will rise. How will this rise in temperature affect the aquatic life of the creek? Will it increase the evaporation rate of the slow moving mid-summer waters? None of these things have been studied, but should be before any approval is made.
This site is A1 agriculture and has a very high sustainability value as A1 agriculture according to Virginia department of conservation maps. Rockingham county is a prominent leader in agriculture and thousands of families depend on it. We should not be using agriculture land for such ventures. The A1 A2 zoning are meant to protect the land and prevent such things. Where do we plan on getting food from one day? We are already facing a global food shortage. Is it responsible of us to let our resource be consumed?

One thing that needs no study is the visual impact of the scenic landscape. As residents of this area our voices have fell on deaf ears. Hopefully you will take these comments into careful consideration and reject Endless Caverns Energix site. Thank you for your time

CommentID: 207941
 

1/23/23  5:45 pm
Commenter: Roy Kipps

Against Farmland Use
 

I have been against industrial solar being considered near the Endless Caverns Substation from the start. The land that surrounds this area is agriculture. Not only that but the land is actually zoned (at both of the two proposed sites) as A1 agriculture land. This means that it was intended to be preserved for traditional agricultural activities. It was established that way to provide for the continuation of agriculture as well as to protect these areas of their rural character. A1 zoning also means that it was deemed as higher quality farmland than an area zoned A2.


Why would anyone believe it would be a good idea to remove this land out of agricultural use for an industrial purpose like solar? If the intention really is to maintain the health and character of our world by exploring alternative sources of energy, then wouldn't non-agricultural lands be better suited for such material? Rooftops, paved parking lots, and industrial parks with numerous already impermeable surfaces would be obvious better solutions.


DEQ- put restrictions in place on solar to remove the opportunity to use farmland for industrial arrays. Subsequently, reject the Energix solar array requested for this area and all future companies who also may try to bully their way into this site.


My last point I would like to include is how much this will lower the property value of the land in the surrounding area. Folks don't move toward New Market and rural northern Rockingham County to be surrounded by development. We all moved to this land because of the rural character and farmland that surrounds our own farms and land. We either grew up here or decided to continue to live here because we appreciate this agrarian way of life. This solar installation will go against the natural evolution of our community and have detrimental impacts on the surrounding area.
Please help to save it with your rejection of their permit. Please approve the stricter regulations we need.

CommentID: 207942
 

1/23/23  6:20 pm
Commenter: Chesapeake Bay Watershed Concerned Member

Obvious Stormwater Issues
 

It is obvious that DEQ understands there are serious issues to be considered in regard to stormwater runoff from solar panels. According to the March 2022 memo, DEQ's original approach "has the potential to underestimate the post-development runoff volume or runoff rate from solar panel arrays, which in turn has the potential to negatively impact downstream waterways or properties." 

This is a serious topic to consider but is even more severe in this particular location (at the Energix Endless Caverns North and South). The slope of the farmland of the proposed sites, along with the dramatic slope of the Massanutten mountain range that runs directly opposite Smith Creek in the middle of these two should cause enough concern to STOP this project permanently.  Add on top of those four issues (1.miscalculation of runoff, 2.heavy grade of the proposed site, 3.large mountain on the adjacent side, and 4.Smith Creek in the middle of the two), the issue that this creek is part of the Chesapeake Bay Watershed continues to support my concern.

Put a stop to permitting the approval of the Caden Energix Endless Caverns North and the Caden Energix Endless Caverns South and seriously investigate the long-term negative impacts this could have to the surrounding area, downstream waterways, adjoining properties, and ultimately the Chesapeake Bay.

Source: https://www.deq.virginia.gov/home/showpublisheddocument/13985/637842474433400000

CommentID: 207943
 

1/23/23  9:01 pm
Commenter: Joni S Lam

Question about Bats/Brook Floaters
 

I have a serious question in regard to two endangered species that have proven to be in the area in the past year:  What is being done to ensure the proposed project doesn't threaten these potentially endangered species?

  • There is photographic evidence from management of nearby Endless Caverns of bats near the Energix Endless Caverns North/South locations in their caves. The bats are brown in color with distinctive ears and features, but I do not know the species. 
  • We also have evidence of brook floaters in the area from a photo captured on a nearby property.
CommentID: 207944
 

1/23/23  9:31 pm
Commenter: Brenda Sessor

Change NOI
 

Henry County has also submitted a complaint to the DEQ concerning the Notice of Intent. The idea that the “NOI should be filed as early in the process as practicable” should be changed. This leaves the time to file the NOI open to whenever the company decides to do so. It can be filed after there is no time left for the public to know anything about what is taking place, making it too late for their opinions and concerns to be known. “Shifting Sands” Solar LLC (Energix Renewable Energies) received its Special Use Permit for “Shifting Sands Solar” in Henry County on June 29, 2022. They filed an NOI to DEQ on July 15, 2022. Opinions and concerns would have no bearing on a vote that had already been made. The people in my neighborhood which is adjacent to the Shifting Sands project, did not know about the project. Shifting Sands stated that they sent mailings and went door to door. I spoke with many of my neighbors that said they did not receive any mailings or a visit from anyone. Shifting Sands is also looking at other areas in Henry County and I assume that they will do the same with their NOI for these projects as well. The Notice of Intent should have to be filed before project development begins its process. This would allow the community time to learn about a project and its company practices. Early filing would give people enough time to do so. In my own research of Energix, I have found that they have many citations and violations. There also seems to be misleading information. Other counties have denied permits to Energix. Henry County residents should have been able to research this company and its project before a vote for a Special Use Permit. Filing an early NOI could have made that possible.

CommentID: 207946
 

1/23/23  10:42 pm
Commenter: Brian and Michelle Turner

Energex is detrimental to the enviroment
 

Energix has proven by their actions at the Wytheville, Va site and the Mount Jackson, Va site that they have no care for environmental stewardship.  Why would our location here in New Market, Va at Endless Caverns be any different?

Runoff of this site is going to be a major issue for both Smith Creek and down stream neighbors from this site. The acreage of impermeable surface of the site proposed will create detrimental runoff and potential flooding issues to downstream farmers, like ourselves, and other landowners. Smith Creek already suffers when the creek levels rise it causes bank eroding , and with more potential runoff this could highly affect the creek bank. Not to mention what would be running off into the creek? The creek hold loads of wild life. Families can be seen fishing just downstream from the potential site. If any hazardous materials from this site would settle into Smith Creek, ie heavy metals, this would be detrimental to both the wildlife in the creek, and the farmers that grow crops along the creek. This could also even potentially creep into residential well water with many of the local wells being shallow that live near this site.

Please take time to consider the potential major set back that this site will have on Smith Creek which is already considered an impaired waterway. NRCS and our local SWCD have spent millions of dollars to repair the Smith Creek Watershed, and this will be a critical setback to an already impaired waterway.

Who is going to hold Energix accountable for all the proposed solar projects, and the detriment they are doing to our precious ecosystem which we are trying so hard to uphold? Please stop this project here, and any further advances in establishing solar properties in our area to help us keep our agricultural lands as pristine as we can for further generations to come.  

 

CommentID: 207947