Updated: Mar 14, 2024
For your reading pleasure, we're sharing the information BayWa provided in their recent letter responding to concerns expressed by county residents who attended the Sunfish Solar project's January 31 open house.
We've excerpted the concerns and BayWa's responses below, followed by Protect Orange VA's comments intended as food for thought as the application process moves ahead.
A scan of the full letter also is available below.
Last but not least, included at the end of this post are the developer's responses to questions asked by an attendee at the open house.
Yes, it's A LOT, but worth a read.
BayWa
"Some of the major questions received during the public information meeting revolved around topsoil health, removal of active farmland, clear-cutting the land and viewsheds, removal of active farmland, decommissioning, and the components of panels. We've answered these frequent questions below to better communicate what impacts this project may have."
BayWa
"Concern — The Sunfish Solar project will deplete the soil of nutrients and remove
active farmland.
• The acreage planned to be used by the Sunfish Solar Project, approximately 588 acres, represents just 0.53% of the acres used for farming in Orange County. Our commitment to sustainable practices is one way we raise the bar on what it means to power Virginia sustainably. According to the Virginia Department of Energy, Sunfish Solar is one of the first projects in Virginia to feature a native seed mixture throughout the project site. Long-term growth of native plant species help protect and increase topsoil nutrients of the topsoil during facility operations leaving the site ready to be transitioned into farmland at the end of the project life if desired. Our project vegetation provides undisturbed pollinator habitat for at-risk populations, which in turn supports pollination of neighboring fields. The proposed panels would be driven directly into the soil, minimizing the use of impermeable surfaces onsite.
• Over the 35-year lifetime of the project, our native planting initiative gives the soil time to rest with minimal disturbance. Soil recovery onsite is aided by native grass and pollinator species which would provide healthy soil for future farming on the site following decommissioning.
• Sunfish Solar is looking to deploy sheep grazing as a management strategy for the solar facility. Whereas traditional solar facilities have resorted to covering project sites in gravel or partaking in frequent mowing to manage growth under panels, BayWa r.e. is exploring sheep grazing as an alternative. BayWa r.e. currently uses sheep grazing on other projects to manage undergrowth. This strategy allows for continued agricultural use over the lifetime of the project, provides natural fertilizer to aid in soil restoration, and is far cheaper than ongoing mowing."
Protect Orange VA:
-The Sunfish Solar project comprises prime farmland and farmland of statewide importance, which should not be shifted to industrial use. By identifying the percentage of total county agricultural land represented by the project, BayWa is attempting to minimize the impact of hundreds of acres of agricultural land shifting to utility scale solar project acreage. It's as though they are saying, "What's a little bit taken for solar when the county has more?" The bottom line is that there are better places for utility scale solar than active and productive farmland. Every acre matters: no farms, no food, no future, as the American Farmland Trust points out.
-Regarding native seed/native planting initiatives, typically such efforts have been undertaken on smaller solar acreages, not on a project the size of Sunfish Solar. BayWa's Bluebird Solar project in Kentucky promises "a minimum of 2 acres" of a 1163-acre project "will be cultivated" with native, pollinator-friendly vegetation. Note the future tense: promises, not a done deal.
-Regarding the statement about minimizing impervious surfaces onsite, the panels are recognized as impervious surfaces by VA DEQ. The stricter stormwater requirements related to this ruling by VA DEQ will go into effect on December 31, 2024.
-BayWa argues the soil will "rest" during the project's lifetime. However, even if that is true, decommissioning activity is likely to have a significantly negative impact on the soil and native plantings when heavy vehicles come in to remove project fixtures.
-"Looking to deploy sheep" and "exploring sheep grazing" are not the same as doing it or having a plan outlined as part of the Sunfish Solar application. More promises? The jury is still out on whether BayWa will commit to grazing sheep for the life of the project.
BayWa
"Concern — The Sunfish Solar project will clear-cut trees from the land and be detrimental to local wildlife
• The Sunfish Solar Project is committed to minimizing tree clearing. The majority of the project area is already cleared for its current use in agricultural production. At most, the project will clear 96 acres of trees, preserving over 70% of the project area's currently forested areas. Forested areas along roadways will be preserved to serve as a natural buffer from the project, and in some instances, additional vegetative buffers around the 100’ setbacks surrounding the project site will protect viewsheds. The project site itself will only have wildlife-friendly fencing around the solar arrays, and the project has designed wildlife corridors for local animals, such as deer, to pass through the site undisturbed."
Protect Orange VA
There is nothing environmentally friendly about cutting a third of the acreage's forest. Forest provides habitat for birds and mammals and sequesters carbon. The clearing goes against guidance from Virginia's Department of Wildlife Resources (DWR), which recommends "the applicant avoid and minimize impacts to undisturbed forest..." In addition, BayWa says they'll be clearing trees November 15 - March 31. They'd be violating state guidelines: DWR calls for tree removal to be restricted beginning March 15 in order to minimize impact on resident and migratory songbird nesting.
BayWa
"Concern — Fencing around the project
• Many residents were told the entire project area is surrounded by wildlife-friendly fencing, known as “deer busting fencing." Deer-busting fencing allows smaller mammals to travel through or habit the project area while keeping larger mammals out. That is inconsistent with our site plan and unnecessary. The Project only has fencing to contain the solar arrays, leaving wetlands, forests, and large areas open."
Protect Orange VA
The project application currently calls for each grouping of solar arrays to be surrounded by 6-foot chain link fencing topped by 3 strands of barbed wire for a total of 84" of fence height. This does not follow current DWR guidelines (2/2022) to prevent deer entrapment/entanglement: fencing should be no more than 61" high or should be greater than or equal to 96" high. A second concern: it's not clear from the application whether the wildlife corridors through the array groupings are based on study of wildlife movement in the area or placed in areas that meet the developer's needs.
BayWa
"Concern — Property values of nearby homes
• During the meeting, we heard a range of misinformation regarding the severity of the impact of the property value adjacent to the site. There is currently little research indicating a decline in housing value on a long-term basis. In September 2020, the University of Rhode Island published a study that found no negative impact on residential home values near solar arrays in rural areas. According to the study, the results suggest that the impacts on home sales in rural areas is effectively zero (a statistically insignificant 0.1%). Locally, real property values increased across neighboring Spotsylvania County, home to the largest solar project east of the Rocky Mountains for 11 straight years."
Protect Orange VA
We would like to cite "Shedding light on large-scale solar impacts: An analysis of property values and proximity to photovoltaics across six U.S. states," March 2023, Lawrence Berkeley National Lab (cite). This study of large-scale photovoltaic projects is very pertinent to the Sunfish Solar project. The study indicates: "When separating transactions by the prior land use and the area of the LSPVP to which they are closest, as well as by the urbanicity of the home, we observe statistically significant effects only for transactions in rural areas, and transactions near larger LSPVPs by area. We observe decreases of 3%, 4.2% and 3.1% for homes within 0-.5 mile of LSPVPs on previously agricultural land, in rural areas or near large LSPVPs, respectively." Regarding BayWa's comment about Spotsylvania, appraiser Mary McClinton Clay reports a case study of Spotsylvania County with analysis of 5 vacant single family lots from a section of the Fawn Lake subdivision adjacent to the solar project. These lots sold for 30% less than those that did not adjoin. A pdf of Ms. McClinton Clay's summary of dimunition in property value as a result of proximity to utility scale solar farms is below.
BayWa
"Concern — The County will be stuck with the cost of decommissioning at the end of the project
• Sunfish Solar has a proposed decommissioning plan as part of its Orange County Special Use Permit application and that is available to the public via Orange County's website. When a solar project is decommissioned, the facility's above-ground components are removed and the land undergoes restoration to improve the land to its pre-construction condition. BayWa r.e. intends to rework the site so it is primed for continued agricultural use. As part of the project approval process, BayWa r.e. will work with Orange County to post a decommissioning bond to cover the cost of decommissioning the Sunfish Solar Project. The bond will match the estimated $3.2 million decommissioning cost of the project, including potential re-use of valuable materials such as copper, glass, aluminum, and steel."
Protect Orange VA
The developer refers to removing the "facility's above-ground components." ALL facility components, above and below ground, should be removed as part of decommissioning to return the land to its original state. The bond should cover the decommissioning cost plus a contingency. The recycling value should NOT be included in the bond. ALL facility components must be removed and accounted for.
BayWa
"Concern — Solar panels can leak toxic materials and pose a safety threat
• Studies have shown that solar panels cannot leak any toxic materials into solar facility sites. A common concern with toxicity in solar panels comes with the use of the compound Cadmium Telluride (Cad Tel). The panels utilized by the Sunfish Solar project will not have CadTel in them and will pose no threat to the health and safety of the community. Specific information on hazards associated with solar panels can be found on the EPA website at www.epa.gov"
Protect Orange VA
Solar panels do contain toxic materials such as lead that could be released under certain circumstances. The county should not approve the Sunfish Solar project until BayWa has provided information on the panels that will be utilized.
The full letter is below.
More from the January 31 open house: a neighbor of the proposed Sunfish Solar project shared some of the questions he asked the BayWa representatives and the answers he received.
Q - I specifically asked what type/technology would be used in the panels they plan to install.
A - They said they won't know until about 3 months from beginning the construction and will use the newest technology and panels at that time.
Q - I followed up with "So, you want us to approve a solar project, but you can't tell us what kind of panels you are going to install until after we approve it and right before you begin installation?"
A - Their reply: Yes, but the panels will be the most efficient ones at that time.
Q - I asked about the trees they plan to plant to block the view of the field of solar panels.
A - The answer was red cedar trees.
Q - I asked them about the impact to our fruit trees and our neighbors' fruit trees. They had no idea why you don't plant cedar trees near fruit trees. (Cedar trees can spread cedar apple rust to certain types of fruit trees.)
Q - I asked them about the Virginia state requirement to have a DCR Certified Nutrient Manager with a Nutrient Management Plan (NMP) to conduct the initial soil survey and continue monitoring throughout the life of the project for advice on tending to the soil and maintaining its fertility and, of course, at the end of the project, so we know the soil will be returned to its original condition. I asked who their Nutrient Manager is.
A - The person I spoke to had no idea what I was talking about.
"Those seeking nutrient management certification in Virginia must meet three (3) requirements: education, experience and passing both parts of the nutrient management exam. Planners may become certified in the Agriculture category, the Turf and Landscape category, or both."
Q - I asked about the impact to migrating birds, such at the woodcock winter migration through the exact area the developer proposes to put panels.
A - His answer was that the environmental survey completed didn't show any impact to bird migrations. He had no idea what a woodcock was or that anyone hunted them.
Protect Orange VA: The January 31 open house with BayWa was our fourth such event with a solar developer. We've found that they want to stick to their project storyline (economic and environmental benefits) and don't want to - or can't - dive too deep in response to questions. Our favorite interaction was at Dominion's open house after acquiring Madison Solar in 2020. When quizzed about project fencing preventing wildlife from reaching Mine Run as a water source, the representative's response was, "We open the gates at certain times."