On behalf of Friends of the Rappahannock (FOR) please accept the following comments on the proposed regulations that amend the Small Renewable Energy Projects (Solar) Permit by Rule (PBR), 9VAC15-60. 

FOR generally supports the proposed 206 regulations that will mitigate the loss of prime agricultural soils and contiguous forestlands. We believe these regulations are necessary to help balance achieving the WIP III Chesapeake Bay cleanup goals and commitments to reduce carbon emissions mandated by the Virginia Clean Economy Act (VCEA). With this in mind we appreciate the opportunity to offer a few suggestions to improve the proposed regulations.

Mitigation Districts

The mitigation districts as proposed are too broad. They should be made smaller to ensure that mitigation occurs as close to projects as possible. This will help ensure that local water quality and habitat are not sacrificed and extensive clearing of land is not concentrated in one region. Localities are more likely to support projects that are not removing forest and agricultural resources and fragmenting the rural landscape of their communities.

Forestland Mitigation Reductions for Riparian Forest Buffers

Draft regulation currently allows the ratio of land required in the conservation easement or easements to be reduced by providing land containing existing riparian forest buffers within the easement. Additional credit should not be given for existing riparian forest buffers in easements. The intent of this regulation is in part to mitigate for the total amount of forestland lost.  Forestland not existing in a riparian buffer still provides a variety of ecosystem benefits. Tree canopy in Virginia continues to decline despite significant efforts to stem the loss as we strive to meet our Chesapeake Bay WIP III cleanup goals. 

Conservation Easements

As proposed closing on any required easements would have to occur within one year of the date of issuance of the PBR, unless extended by the department for good cause. FOR is concerned about what backstops exist to enable DEQ to ensure required mitigation is completed. DEQ should be given any tools needed to ensure conservation easements are recorded and mitigation is completed in one year.

Thank you for the opportunity to submit these comments as we work together to ensure Virginia's natural resources are safeguarded while efforts are made to meet the goals of the VCEA.