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Forum on Solar Energy Siting and Permitting in NC

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Discussion on considerations and best practices for permitting and siting of solar energy facilities.

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Page 1: Forum on Solar Energy Siting and Permitting in NC

Welcome, and thank you for your participation!

Page 2: Forum on Solar Energy Siting and Permitting in NC

Thanks to our Sponsors and

Partner!

Page 3: Forum on Solar Energy Siting and Permitting in NC

Forum on Solar Energy Siting

and Permitting in North Carolina

Bringing government, industry, and the public together to make North Carolina a leader in solar energy development

Michael Fucci

MPP Candidate, Duke University

NC Sustainable Energy Association,

[email protected]

Office: (919)-832-7601 x132

Miriam Makhyoun

Manager of Market Intelligence,

NC Sustainable Energy

Association

[email protected]

Office: (919)-832-7601 x114

Tommy Cleveland, PE

Solar Energy Engineer

North Carolina Solar Center

[email protected]

Office: (919)-515-9432

Page 4: Forum on Solar Energy Siting and Permitting in NC

NC Registered Solar PV

21

Megawatts (MW) of Registered Solar PV Capacity in North Carolina Expected Online from 2006-2012

Expected Capacity Number of Solar PV System Capacity

Year Online MW DC (a) Systems 10 kW or

Less

Greater than

10 kW

through 500

kW

Greater than

500 and

under 1 MW

1 MW and

Greater

2006 0.26 24 22 2 0 0

2007 0.32 54 50 4 0 0

2008 5.49 116 105 7 1 3

2009 25.88 197 167 24 1 5

2010 28.43 351 283 57 2 9

2011 91.59 505 379 107 6 13

2012 407.45 638 483 64 13 78

TOTAL 559.42 1,885 1,489 265 23 108

Notes: (a) Solar PV systems produce electricity in direct current (DC), which is converted by inverters to alternating current (AC), the typical

current used throughout the U.S. electric grid. As a result, it is normal industry practice to report solar PV capacity in DC units. For the

purpose of this report, for systems registered with AC capacity and an unknown DC capacity an 84% derate factor was assumed.

500 MW produces 717,300 MWh a year—enough to power over 59,775

homes! This equates to the displacement of 44,829 tons of CO2 equivalent a

year or the planting of 224,145 trees per year!

Sources: North Carolina Utilities Commission, Carbonify, National Renewable Energy Laboratory System Advisor Model

Page 5: Forum on Solar Energy Siting and Permitting in NC

501(c)3 nonprofit founded in 1978

No direct state appropriations, nor federal funding

Membership organization of individuals, businesses,

government and nonprofits

Team of expert staff, volunteers and Board of Directors

Statewide presence

For more info visit: ENERGYNC.ORG

Who We Are

Public Policy - Market Intelligence - Education

5

Page 6: Forum on Solar Energy Siting and Permitting in NC

About the NC Solar Center

• Created in 1988, operated by the

College of Engineering at NCSU

• Sponsored by the N.C. State

Energy Office, the U.S. DOE, and

the NC Solar Center Foundation.

• Serves as a clearinghouse for solar

and other renewable energy

programs, information, research,

technical assistance, and training

for the citizens of North Carolina

and beyond.

Advancing Renewable Energy for a Sustainable Economy

Page 7: Forum on Solar Energy Siting and Permitting in NC

Agenda

• Legal: Katherine E. Ross/Associate, Parker Poe Attorneys

• Planning: Ken Krulik, Planning Director, Warren County Planning, Zoning & Code Enforcement

• Geotechnical/Environmental: Ryan Conchilla, Environmental Project Manager, ECS Carolinas

• Agriculture: Paul Sherman, Air & Energy Programs Director, NC Farm Bureau Federation

• Forestry: Mark A. Megalos, Extension Associate Professor, NC State University, College of Natural Resources

• Break and Refreshments

• Panel Discussion: Katherine Ross, Ryan Conchilla, Paul Sherman, Ken Krulik & Frances Bisby (Landowner of Leased Solar Project)

• Final Thoughts

Page 8: Forum on Solar Energy Siting and Permitting in NC

Future Fora

Public Forum # 2:

Tuesday, June 27, 2013 | 4:00 PM - 7:45 PM

Proximity Hotel, 704 Green Valley Road

Greensboro, NC 27408

Public Forum # 3:

Tuesday, July 16, 2013 | 4:00 PM - 8:00 PM

Carolina Civic Center, 315 North Chestnut Street

Lumberton, NC 28359

Public Forum # 4:

Thursday, August 8, 2013 |

4:00 PM - 8:00 PM, The

Venue, 21 N Market St

Asheville, NC 28801

Public Forum # 5:

Charlotte – late October,

location TBD

Page 9: Forum on Solar Energy Siting and Permitting in NC

Forum Objectives

• What today is: • Discussion on considerations and best

practices for permitting and siting of solar

energy facilities

• What today is not: • A forum to discuss case-by-case issues

pertaining to leasing, contracts, financing, etc.

Page 10: Forum on Solar Energy Siting and Permitting in NC

Solar Thermal vs. PV

Thermal

• Heats water instead of

creating electricity

• Slightly thicker panels

than PV

Photovoltaic (PV)

• Converts sunlight into

electricity

Page 11: Forum on Solar Energy Siting and Permitting in NC

Different Project Types

6.4 MW Project on Fuquay Farms, NC- Strata Solar

4 kW rooftop solar array- Morganton, NC

1 MW commercial rooftop project on

an IKEA in Charlotte, NC- Strata

Solar

Page 12: Forum on Solar Energy Siting and Permitting in NC

Wake Co. Examples

1. Residential Rooftop • 2 kW

• 8-10 panels

2. Commercial Rooftop • 974 kW

• ~4,000 panels

• ~5.8 acres

3. Utility Ground-mount • 2.2 MW

• ~8,800 panels

• ~13 acres of land

2.2 MW Project in Wake Co.

Page 13: Forum on Solar Energy Siting and Permitting in NC

Solar Photovoltaic Installed Cost per Watt

*Sources: North Carolina Utilities Commission, North Carolina Sustainable Energy Association a) Barbose et. al, Tracking the Sun, Lawrence Berkeley National Laboratory, 2012

Year

≤5 kW

(Media

n)

5-10 kW

(Median)

10-150

kW

(Median)

150-1000

kW

(Median)

>1000

kW

(Median)

Comparison

with selected

data

2006 10.00 * * * * $8.70(a)

2007 10.03 * * * * $8.80(a)

2008 8.93 8.76 * * * $8.40(a)

2009 8.48 7.66 7.50 * * $8.10(a)

2010 7.00 6.28 6.02 * * $6.90(a)

2011 6.76 6.03 5.02 4.49 4.35 $6.10(a)

2012 6.27 5.13 4.95 3.75 3.54

Page 14: Forum on Solar Energy Siting and Permitting in NC

North Carolina Leads in Solar

• 501 solar companies,

employing about

2,000 people

• North Carolina

Ranked 6th in nation

for solar with 229 MW

installed capacity and

5th for annual capacity

in 2012 with 132 MW

• Mostly from utility-

scale projects

Source: SEIA/GTM Research “U.S. Solar Market Insight 2012 Year-In-Review

New Mexico

Hawaii

Pennsylvania

Massachusetts

North Carolina

Colorado

Nevada

New Jersey

Arizona

California

190

191

196

198

229

270

403

971

1097

2901

Cumulative Installed Capacity (MW) as of 2012**

Page 15: Forum on Solar Energy Siting and Permitting in NC

Local Experience

Moore County

• Rejected proposed

ordinance regulating solar

farm development

• Creates an effective

moratorium on large-scale

development

• Board disagreed with

federal and state

subsidies.

Huntersville

• Classifies solar into

major/minor projects

• Minor- onsite, secondary use

• Major- offsite, primary use

• Different standards for

major/minor projects

• Specified location and

height requirements for

both rooftop and ground-

mounted systems

Page 16: Forum on Solar Energy Siting and Permitting in NC

• 50 Ordinances on Co.

and/or city level

• Solar energy not

uniformly regulated

• Major discrepancies

between various county

and city ordinances

• Makes development

more difficult and less

attractive to potential

investors

• Ensure protection of

valued ideals

Current NC Ordinances

NC Ordinance Status

General Findings

Total Ordinances 50

County Ordinances 16

City Ordinances 34

Zoning District Differentiation

Ordinances that specify solar development standards for each zoning district 12

Differentiation of mount type

Ordinances that differeniate between freestanding and rooftop systems 11

Height Restrictions

Ordinances that specify height restriction 21

Surface Area Restrictions

Ordinances explicitly mentioning coverage (roof or ground-mounted) 19

Setback Requirements

Ordinances explicitly mentioning solar setbacks 22

Page 17: Forum on Solar Energy Siting and Permitting in NC

What is a Template Ordinance?

• Creates a unified approach towards solar development

• Establishes easily adopted language for local governments to implement

• Includes provisions and law that addresses concerns relevant to North Carolina

• Makes suggestions to local governments about appropriate regulatory standards for solar development

Page 18: Forum on Solar Energy Siting and Permitting in NC

Key Issues for Regulating Solar

1. Defining Solar • Types of production and consumption

2. Defining Use • Primary, secondary, accessory, etc.

3. Defining Zoning Districts

4. Land-Use

5. Permit Type

6. Setbacks

7. Height Restrictions

8. Surface Area/ Property Coverage

9. Location/Visibility/Fencing

Page 19: Forum on Solar Energy Siting and Permitting in NC

Introducing..

Katherine Ross!

Parker Poe Attorneys

Page 20: Forum on Solar Energy Siting and Permitting in NC

Forum on Solar Development & Siting in North Carolina

Legal Considerations

Katherine E. Ross

Parker Poe Adams & Bernstein LLP

Page 21: Forum on Solar Energy Siting and Permitting in NC

Local Government Approvals

21

Page 22: Forum on Solar Energy Siting and Permitting in NC

NC General Statutes

NCGS §§ 153A-340 and 160A-340

The purpose of zoning it to regulate uses.

A use may be allowed by right in certain zones and by permit in others.

The ordinance sets out the standards for granting the permit.

22

Page 23: Forum on Solar Energy Siting and Permitting in NC

Zoning Process

Special/Conditional Use Permit

23

Page 24: Forum on Solar Energy Siting and Permitting in NC

Quasi-Judicial

Decision-making board acts essentially as a court of law

Board will conduct evidentiary hearing, then make decision by evaluating evidence against criteria articulated in zoning ordinance

Witnesses are sworn and subject to cross examination

Only consider evidence presented at hearing

Findings must be based on competent, material and substantial evidence

No ex parte communications

24

Page 25: Forum on Solar Energy Siting and Permitting in NC

GENERAL CRITERIA

(1) not endanger public health or safety

(2) not substantially injure the value of adjoining properties

(3) in harmony with the character of the surrounding area

(4) meet all required specifications

25

Page 26: Forum on Solar Energy Siting and Permitting in NC

USE SPECIFIC CRITERIA

setbacks

screening/fencing

height

signage

decommissioning

Page 27: Forum on Solar Energy Siting and Permitting in NC

A Model Ordinance…

Has no legal authority

Provides guidance to local governments that want to develop siting rules

Provides a model that protects communities and promotes the development of solar facilities

Provides clear, measurable standards

Page 28: Forum on Solar Energy Siting and Permitting in NC

Introducing…

Ken Krulik!

Planning Director,

Warren County Planning,

Zoning & Code Enforcement

Page 29: Forum on Solar Energy Siting and Permitting in NC

Forum on Solar

Development & Siting in

North Carolina

May 31, 2013

Warren County, NC

Sites and Permitting

Review/Process

Page 30: Forum on Solar Energy Siting and Permitting in NC

Warren County, NC ……..

• Tier 1 County, predominantly agricultural.

• Three incorporated municipalities:

Warrenton, Norlina and Macon.

• Population of 20,962 with a land area of 444

square miles (15 square miles of water

inclusive of Kerr Lake and lake Gaston) .

• Rural county with low-population density.

Page 31: Forum on Solar Energy Siting and Permitting in NC
Page 32: Forum on Solar Energy Siting and Permitting in NC

There are TWO Warren Counties…..

• Zoned (areas of Kerr Lake & Lake Gaston) and un-

zoned (everywhere else - minus the Towns of

Warrenton and Norlina).

Page 33: Forum on Solar Energy Siting and Permitting in NC

Solar Farm Permit Requirements

UN-ZONED AREAS (SIMPLE process)

• Apply for and obtain an E-911 address (police, fire and rescue

need to know where to go for an emergency).

• Development permit ($50.00).

• Building permit ($60.00 non-residential electrical permit).

• Erosion and sedimentation control plan (permit approval) from

NC-DENR Land Quality Section (sites are more than one-acre

of land disturbance) – approval letter/permit to the Warren

County Planning and Zoning Administrator.

• NC-DOT driveway permit – approval letter/permit to the

Warren County Planning and Zoning Administrator.

• BUT, if a solar farm locates in a zoned area (closest approximate

use = “radio, television, microwave towers, electric substations,

high voltage power lines, transmission towers cell towers, relay

stations, office and studios in conjunction with these”)

……………..

Page 34: Forum on Solar Energy Siting and Permitting in NC

Solar Farm Permit Requirements

ZONED AREAS (a little LESS simple)

• Permitted (with a zoning permit) in AR zoning districts.

• Requires a CU permit (w/BOA approval) in these districts: LB

(Lakeside Business), NB (Neighborhood Business), HB (Heavy

Business), LI (Light Industrial) and HI (Heavy Industrial).

• Apply for and obtain an E-911 address (police, fire and rescue

STILL need to know where to go for emergencies).

• Zoning permit ($75.00), unless a CU permit required ($250.00).

• Building permit ($60.00 non-residential electrical permit).

• Erosion and sedimentation control plan (permit approval) from

NC-DENR Land Quality Section (sites are more than one-acre

of land disturbance) – approval letter/permit to the Warren

County Planning and Zoning Administrator.

• NC-DOT driveway permit – approval letter/permit to the

Warren County Planning and Zoning Administrator.

Page 35: Forum on Solar Energy Siting and Permitting in NC

Solar Farm CU Permit

Requirements ZONED AREAS

• Towers shall not interfere with normal radio and television reception in the vicinity. Commercial messages shall not be displayed on any tower. Violations shall be considered

zoning violations and shall be corrected under the enforcement provisions.

• Lighting shall not exceed the Federal Aviation Administration (FAA) minimum if lighting is required by the FAA. The lights shall be oriented so as not to project directly onto

surrounding residential property, consistent with FAA requirements. Prior to issuance of a building permit, the applicant shall be required to submit documentation from the FAA

that the lighting is the minimum lighting required by the FAA.

• Towers shall be constructed and maintained in conformance with all applicable building code requirements.

• In order to protect the public from unnecessary exposure to electromagnetic radiation, the tower owner shall provide appropriate Federal Communications Commissioner (FCC)

documentation indicating that the power output levels do not exceed federally approved levels.

• In allowed districts, towers of seventy five (75) feet or more require that a Conditional Use Permit be granted by the Board of Adjustment. The Board of Adjustment may consider

variances up to ten percent (10%) of the setback requirements for such towers as a part of the Conditional Use Permit approval.

• To encourage shared use of towers, no new tower shall be located within one (1) mile of an existing tower. The Board of Adjustment may allow a tower to be placed within one (1)

mile of an existing tower upon being presented written documentation that (1) appropriate space on the tower is not available, (2) the new sponsor has made good faith efforts to

negotiate an agreement with the owner of the current tower, or (3) equipment currently on the tower is not compatible with the proposed equipment. If the petitioner cannot locate

on an existing tower and a new tower has to be constructed, the height of the tower cannot exceed two hundred (200) feet.

• All new towers shall be constructed to be able to accommodate at least two users so that future co-location will be available. In addition, reasonable accommodation for public

service uses is recommended.

• Towers shall conform to the following dimensional requirements: (1) With the exception of concealed towers, such structures may not be located on top of structures in any

residential district. Towers which are located on top of structures in nonresidential districts which are not tower accessory structures shall not be more than seventy five (75) feet

above the top of the structure. The structure shall meet the normal setbacks of the zone. (2) Those located on the ground or top of a tower accessory structure are required to

incorporate a fall zone buffer which is a land buffer around a tower base to provide for containment of the tower to the site in the event that it falls.

• To encourage shared use of towers, applications for towers which will operate with more than one user, immediately upon completion may reduce setbacks from adjacent

nonresidential property. The setback from adjacent nonresidential property may be reduced by twenty five percent (25%) when two users occupy the tower immediately upon its

completion, or reduced by fifty percent (50%) when three or more users commit to occupy the tower immediately upon its completion. However, the required setback distance

may not be reduced to less than fifty (50) feet. The reductions do not apply if the tower adjoins a residential zone on any s ide and a fall zone buffer as identified in this ordinance

shall be required.

• No setbacks shall be required if the tower is to be located on an existing structure, and a fall zone buffer as identified in this ordinance shall be required.

• Towers (with the exception of concealed towers) where allowed in residential districts shall conform to the following additional setback requirements:: 1) To prevent a clear view of

the base of the tower, the setback shall contain an established forested area with a depth of at least one hundred (100) feet . (2) When the one hundred (100) foot forested area

requirement note above cannot be met, a natural buffer shall be provided as required in this ordinance. (3) The Board of Adjustment, when deciding the Conditional Use Permit,

may reduce the setback adjacent to nonresidential property upon consideration of circumstances which reduce the offsite effects of the tower such as topography, berms, the

proximity of other existing or potential uses, and existing vegetation and improvements made to the site to obscure or reduce the visibility of the tower (a fall zone buffer as

identified in this ordinance shall be required).. (4) The Board of Adjustment shall not reduce the required setback from adjacent property which has residential use.

• No outdoor storage yards shall be allowed on tower sites, storage buildings that are secondary and/or incidental to the primary use of the site are allowed within the provisions of the

designated zoning category.

• The base of the tower, any guy wires, and any associated structures, walls or fences shall be surrounded by a landscaped buffer. The developer may have the option of: (1) providing

a buffer around the tower base and associated items individually or (2) providing a buffer around the perimeter of the entire site. A ten (10) foot vegetative buffer shall be provided

between the tower and the property boundaries in all zones other than residential. In all residential zones, the vegetative buffer shall be a minimum of twenty five (25) feet in width.

• ETC, ETC, (more pages in the Zoning Ordinance)………...

Page 36: Forum on Solar Energy Siting and Permitting in NC

Buffer Requirements

ZONED AREAS (all uses) • Buffers are those features that preserve existing vegetation and minimize

potential erosion by providing a natural buffer ( PB/BOA may allow

appropriate existing vegetation to substitute for landscape requirements ).

• Buffers are permitted to be located within the setbacks (minimum yards) of

the development or individual lot/parcel for the respective zoning district (a

buffer is not in addition to the setback requirements).

• If a lot or parcel adjacent to new development is vacant, then no buffer is

required, except when it’s required for specific protection of natural

resources per Warren County regulations and/or NC-DENR regulations.

• Between incompatible land uses the developer shall either maintain to the

maximum extent feasible a twenty foot (20’) buffer of undisturbed natural

area or provide an appropriate level of vegetative replanting as determined

by the Planning and Zoning Administrator.

• If the new development incorporates a solid wall, opaque wood fence or

other approved materials is proposed then a fifty percent (50%) reduction is

to be allowed in the depth of the buffer and plant material.

• Buffers shall leave space for an ingress /egress and shall be maintained

(damage to the buffer shall be remedied within 14 days).

Page 37: Forum on Solar Energy Siting and Permitting in NC

Warren County

Solar Farm Locations

• Three (one completed, one under construction,

one in pre-construction)

• Two in the un-zoned areas of the County (had

the “easy” process) and one is located in the

Town of Warrenton’s ETJ (their authority).

• Companies are Strata Solar, LLC and

HelioSage.

• Two potential additional sites based on

property owner inquiries.

Page 38: Forum on Solar Energy Siting and Permitting in NC

Solar Farm Site Locations

Page 39: Forum on Solar Energy Siting and Permitting in NC

Strata Solar

US Highway 158 – Warrenton ETJ

• All zoning authority/permitting through the Town

of Warrenton – R20 District (building permit

issued by Warren County).

• “Utilities” use requires a special use permit

(Warrenton SU #303-BOA approved 5/14/12).

• Site is 32 acres leased for the solar farm out of 145

total acres.

• 5.58 MW system with 23,520 modules (panels) on

mounted racking system (supports are posts driven

into ground – avg. 8 ft. depth).

Page 40: Forum on Solar Energy Siting and Permitting in NC
Page 41: Forum on Solar Energy Siting and Permitting in NC

Strata Solar - Airport Road

• Warren County development permit, building

permit, NC-DENR approval and NC-DOT

approval.

• Site is 33 acres leased for the solar farm out of 325

total acres.

• 5 MW system with 21,660 modules (panels – fewer

# due to higher wattage panels) on mounted

racking system (supports are posts driven into

ground – avg. 8 ft. depth).

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HelioSage – Red Hill Loop Road

• Warren County development permit,

building permit, NC-DENR approval and

NC-DOT approval.

• Site is approx. 50 acres leased for the solar

farm out of 283 total acres.

• 5 MW system with 22,000 modules (panels)

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Contact Information

• Ken Krulik, Planning and Zoning

Administrator - Warren County

Planning/Zoning and Code

Enforcement Department

• 252-257-7027

[email protected]

Page 46: Forum on Solar Energy Siting and Permitting in NC

Introducing…

Ryan Conchilla!

Environmental Project Manager,

ECS Carolinas

Page 47: Forum on Solar Energy Siting and Permitting in NC

Environmental Considerations During

Property Development

Presentation to Solar Development and Sitting in

North Carolina

May 31, 2013

Page 48: Forum on Solar Energy Siting and Permitting in NC

Environmental Considerations During Property

Development

Phase I Environmental Site Assessment

Wetlands/Streams Delineation

Endangered Species/Cultural Resources Review

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Hypothetical Site for Development

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Phase I Environmental Assessment

First Step in Identifying Environmental Risk

Includes:

Site reconnaissance,

Historical review of property usage

Historical regulatory review

Interviews of knowledgeable persons

Identifies Recognized Environmental Conditions (RECs)

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Site Reconnaissance

Page 52: Forum on Solar Energy Siting and Permitting in NC

Historical Property Usage

Review Aerial Photographs

City Directories

Fire Insurance (Sanborn) Maps

Topographic Maps

Page 53: Forum on Solar Energy Siting and Permitting in NC

RECs Associated with “Undeveloped

Properties”

Underground and Above Ground Storage Tanks (USTs/ASTs):

Fueling trucks and tractors

Heating oil

Propane tanks

Chemical Storage and Usage

Pesticides and herbicides

Garage or Mechanical Areas

Oils, grease, hydraulic fluid, parts cleaners

Farm Trash “Dump”

Page 54: Forum on Solar Energy Siting and Permitting in NC

RECs Associated with “Undeveloped Properties”

USTs and ASTs

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RECs Associated with “Undeveloped Properties”

Drums/Buckets

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Time and Budget

Phase I ESA- 3 Weeks

$1,800 to $25,000 Depending on Size and

Location

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Wetlands/Streams

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Hypothetical Site for Development

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Stream Determination

What is a Stream?

Ordinary High Water Mark (OHW)

Defined Bed and Bank

Aquatic Habitat

Flowing Water

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Stream Determination

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Identification Of Wetlands

What Defines a Wetland?

Hydrophytic Vegetation

Wetland Hydrology Hydric Soils

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Identification Of Wetlands

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Hydric Soil

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Regulations

Nationwide Permit

Pre-1997 1 to 10 acres of wetlands

1997-2000 Up to 3 acres of wetlands and up to 500’ of stream

2000+ Up to 1/2 acre of wetlands and up to 300’ of stream

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Impact On Development

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Impact On Development

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Impact On Development Before 1997

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Impact On Development 1997-2000

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Impact On Development 2000+

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Other Considerations

State Mandated Buffers

Neuse River

Randleman

Jordan

Tar/Pamlico

Catawba

Cape Fear

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Cultural Resources

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Cultural Resources

State Historic Preservation Office

Mapped Historic Properties

Historic Buildings

Native American Sites

Cemeteries

Required as Part of Stream/Wetlands Permitting

Cannot be Disturbed

Page 73: Forum on Solar Energy Siting and Permitting in NC

Evaluating Cultural Resources

Initial Inquiry with SHPO - 4 Weeks

If Issue – Phase I Archeological

If Findings – Phase II Archeological

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Endangered Species

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Endangered Species

Federal Endangered Species Act Threatened and Endangered Plants and Animals

Varies by Geographic Region Red Cockaded Woodpecker Bog Turtle Schweinitzii Sunflower Bald Eagle Various fresh water Mussels Carolina Darter

Page 76: Forum on Solar Energy Siting and Permitting in NC

Evaluating Endangered Species

Review Natural Heritage Program List per County

Identify Potential Habitat

Send Inquiry to U.S. Fish and Wildlife

May Require Full Evaluation

Page 77: Forum on Solar Energy Siting and Permitting in NC

Questions?

Thank you!

Page 78: Forum on Solar Energy Siting and Permitting in NC

ECS Values

Innovation

Expertise

Commitment

Communication

Relationship

ECS Carolinas, LLP

Geotechnical Engineering – Construction Materials Testing and Special

Inspections Environmental Services – Facilities Engineering

Page 79: Forum on Solar Energy Siting and Permitting in NC

Geotechnical Engineering

Why perform a subsurface exploration?

Identify conditions which may impact site development

• Rock

• Groundwater

• Soft Soils

• Lightweight Silt

• Clayey Soils

• Existing Fill

Page 80: Forum on Solar Energy Siting and Permitting in NC

Subsurface Explorations

Soil Test Borings

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Subsurface Exploration

Split Spoon Soil

Samples

Page 82: Forum on Solar Energy Siting and Permitting in NC

ECS Geotechnical Engineering

The following services can be provided for solar panel sites:

Project description;

Field observations to include site conditions, vegetation, subsurface

conditions, groundwater, surface water, potential post advancement

obstructions;

Field soil classification (USCS – visual manual);

Location of bulk soil sample collection;

Vertical pull-out capacity and lateral load test capacity test data;

Summary of laboratory test results including pH, electrical resistivity,

sulfate and chloride content, USCS lab classification, and Atterberg

limits.

Page 83: Forum on Solar Energy Siting and Permitting in NC

Geotechnical Engineering

Geotechnical

Reporting

Introduction

Exploration Procedures

Exploration Results

Analyses and

Recommendations

Boring Log

Page 84: Forum on Solar Energy Siting and Permitting in NC

Questions?

Thank you!

Page 85: Forum on Solar Energy Siting and Permitting in NC

Introducing…

Paul Sherman!

Air & Energy Programs Director,

NC Farm Bureau Federation

Page 86: Forum on Solar Energy Siting and Permitting in NC

Introducing…

Mark Megalos

Extension Associate Professor,

NC State University,

College of Natural Resources

Page 87: Forum on Solar Energy Siting and Permitting in NC

Forestry Considerations:

SOLAR CENTER Renewable Energy Association

Mark Megalos

5/31/2013

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Guiding Principles for Forestry • Seek out marginal, Low-productivity sites

• Focus on Thin, Droughty, Eroded Soils

• South-facing Slopes, ( SE↔SW)

• Avoid Wetland and Sensitive Areas

• Seek out willing landowners

• Target Poor or non-traditional Wood Market Areas

Is there a plan for addressing the Food/Fiber Offset?

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Other Considerations for Forestry

• BEST MANAGEMENT PRACTICES for W Q

• Soil Disturbance-

– Site plan?

– Erosion control plan?

• Dealing with Vegetation

• Post-production Reclamation

• Economics will rule the day!

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Understanding the PUV Program

• Deferred rates for Productive Land Uses

• Ag, Hort and Forestry

• 10, 5 and 20 Acre Minimums

• Solar must play within that context

(examples from recent NC DOR trainings)

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Present-Use Value Business Entity Ownership Issue

• For property owned by a business entity that may convert some of the property to a solar farm the “principal business” requirement still applies.

• So, the income from the farming and solar farm may need to be reviewed to determine if the property still qualifies for present-use value.

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Present-Use Value Assuming Property is in PUV

• Land that is in present-use value program and the land is sold to a non-qualifying owner the rollback will be due.

• Land is no longer in production of agricultural, horticultural or forest land the rollback will be due. This could be any fenced off area or base area of wind turbine.

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Solar Farming, Sheep and Present-Use Value

• Can sheep and solar farms exist in present-use value?

• If the land that is converted to a solar farm and stays in production raising sheep, then our opinion is yes.

• This is to be reviewed on a case by case basis.

• Other animals may qualify, currently we are only aware of situations where sheep are being used.

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What Livestocking is Acceptable

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What’s Ag vs. Industrial?

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Just to Clarify the Issue.

• Solar panels are high enough off the ground for animals to freely graze under.

• Fencing is around the perimeter of the solar farm is okay. Fencing which prevents the animals from grazing under the panels is not.

• This only relates to production, assuming that all other requirements of PUV have been met.

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Solar Farms and Sheep

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Solar Farms and Sheep

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NO DOUBLE JEOPARDY • Solar Heating and Cooling Systems

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Statute 105-277(g) (g) Buildings equipped with a solar energy heating or cooling system, or both, are hereby designated a special class of property under authority of Article V, Sec. 2(2) of the North Carolina Constitution. Such buildings shall be assessed for taxation in accordance with each county's schedules of value for buildings equipped with conventional heating or cooling systems and no additional value shall be assigned for the difference in cost between a solar energy heating or cooling system and a conventional system typically found in the county. As used in this classification, the term "system" includes all controls, tanks, pumps, heat exchangers and other equipment used directly and exclusively for the conversion of solar energy for heating or cooling. The term "system" does not include any land or structural elements of the building such as walls and roofs nor other equipment ordinarily contained in the structure.

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15 Minute Break

Panel Discussion is up next!

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Final Thoughts…

Bringing government, industry, and the public together to make North Carolina a leader in solar energy development

Michael Fucci

MPP Candidate, Duke University

NC Sustainable Energy Association,

[email protected]

Office: (919)-832-7601 x132

Miriam Makhyoun

Manager of Market Intelligence,

NC Sustainable Energy

Association

[email protected]

Office: (919)-832-7601 x114

Tommy Cleveland, PE

Solar Energy Engineer

North Carolina Solar Center

[email protected]

Office: (919)-515-9432

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