Virginia Regulatory Town Hall View Comments

Department of Environmental Quality

Department of Environmental Quality

Small Solar Renewable Energy Projects Permit Regulation [9 VAC 15 ‑ 60]

Action	Amend 9 VAC 15-60 to comport with the requirements of Chapter 688 of the 2022 Acts of Assembly
Stage	Proposed
Comment Period	Ended on 12/6/2024

Previous Comment Back to List of Comments

12/6/24 10:24 pm

Commenter: Friends of Buckingham

Environmental Justice, Soils, and 9 VAC 15-60

A) As a grassroots organization that has been working to protect Buckingham County for the past decade, we would like to address Environmental Justice concerns for the fair and meaningful involvement of all people in the development of changes to 9 VAC 15-60 Small Solar Renewable Energy Projects Permit Regulation. There is great concern that communities most likely to be subjected to the environmental and economic hardships that come with the loss of agricultural lands and forested lands, and rezoning of agricultural and residential lands to industrial use, are NOT aware of the changes being proposed and thus NOT involved in the development of the new regulations. Further, navigating and interpreting the draft information, and additional materials pertaining to the proposed changes to 9 VAC 15-60 on the Regulatory Town Hall presents additional barriers to inclusion.

Mitigations should be further enhanced to include Environmental Justice analysis and concerns which will result from the losses of forests and farms.

B) Mitigations for soil vitality and soil health have not been addressed in the draft document. Site based mitigations should require additional management of and additional compensation for the following:

· Grading based on 1) volume (i.e. number of cubic yards moved) and 2) percent slope change that occurs. A composite score produced, and additional mitigations incurred for projects that inflict the greatest impacts to site topography on a sliding scale.

· Preconstruction, operational, and decommissioning phases should require onsite testing and maintenance of soils. Multiple parameters should be tested. These tests should be performed at regular intervals and include traditional soil tests with the addition of testing for lead, PFAS, and materials within solar panels that would be harmful if they were to be present in the environment.

· Stored topsoil should be monitored and managed using best practices to preserve its integrity. Depth and time of topsoil storage are critical factors that lead to degradation. Mitigations should be based on the preservation, degradation, or improvement of the soils.

· Redistribution of subsoil and topsoil should be done in a manner that replicates or improves initial site conditions. Mitigations should be based on the preservation, degradation, or improvement of the soils.

C) Please consider and keep in mind the following:

Mitigations should include incentives that shift the solar buildout to the built world. Solar panels should be placed on already developed lands like former industrial areas, brownfields, rooftops, and parking lots. Forests and Farms safeguard our irreplaceable ecosystems and wildlife!!! It is NOT necessary to destroy nature to deploy solar.

Regarding the current draft, we have concerns over the treatment of topsoil and maintaining its health, viability, and carbon capture during removal and redistribution. If the soil degrades, it is NOT the topsoil it was prior to disturbance.

“Soil is more than the dirt under our feet and the ground we stand on. It’s a living ecosystem and it impacts our world in more ways than we might think. Soil performs many functions to sustain plants, animals, and humans. The functions performed by healthy soil include water storage; good water infiltration and drainage; support high crop yields and high crop quality; providing habitat for diverse soil organisms and high microbial activity; supplying nutrients to plants; retaining and recycling nutrients (N, P, K, S, Mg, Ca, etc.); stores carbon; and reduces greenhouse gases.” ~ https://www.pubs.ext.vt.edu/content/pubs_ext_vt_edu/en/SPES/spes-583/spes-583.html ~

D) While you are evaluating these and other public comments, please consider how they are applicable in the context of DEQs mission. “DEQ's Mission is to protect and enhance the environment of Virginia in order to promote the health and well-being of the Commonwealth's citizens, residents, and visitors in accordance with applicable laws and regulations.” ~ https://www.deq.virginia.gov/get-involved/about-us ~

CommentID: 228954