Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 40 - SMALL RENEWABLE ENERGY PROJECTS (WIND) PERMIT BY RULE › Part II - Permit by Rule Provisions › Section 9VAC15-40-30 - Application for permit by rule for wind energy projects

Current through Register Vol. 40, No. 24, July 15, 2024
A. The owner or operator of a small wind
				  energy project with a rated capacity greater than five megawatts shall submit
				  to the department a complete application, in which he satisfactorily
				  accomplishes all of the following:
1. In
				  accordance with §
											10.1-1197.6B
				  1 of the Code of Virginia, and as early in the project development process as
				  practicable, furnishes to the department a notice of intent, to be published in
				  the Virginia Register, that he intends to submit the necessary documentation
				  for a permit by rule for a small renewable energy project;
2. In accordance with §
											10.1-1197.6B
				  2 of the Code of Virginia, furnishes to the department a certification by the
				  governing body of the locality or localities wherein the small renewable energy
				  project will be located that the project complies with all applicable land use
				  ordinances;
3. In accordance with
				  §
											10.1-1197.6B
				  3 of the Code of Virginia, furnishes to the department copies of all
				  interconnection studies undertaken by the regional transmission organization or
				  transmission owner, or both, on behalf of the small renewable energy
				  project;
4. In accordance with
				  §
											10.1-1197.6B
				  4 of the Code of Virginia, furnishes to the department a copy of the final
				  interconnection agreement between the small renewable energy project and the
				  regional transmission organization or transmission owner indicating that the
				  connection of the small renewable energy project will not cause a reliability
				  problem for the system. If the final agreement is not available, the most
				  recent interconnection study shall be sufficient for the purposes of this
				  section. When a final interconnection agreement is complete, it shall be
				  provided to the department. The department shall forward a copy of the
				  agreement or study to the State Corporation Commission;
5. In accordance with §
											10.1-1197.6B
				  5 of the Code of Virginia, furnishes to the department a certification signed
				  by a professional engineer licensed in Virginia that the maximum generation
				  capacity of the small wind energy project, as designed, does not exceed 150
				  megawatts;
6. In accordance with
				  §
											10.1-1197.6B
				  6 of the Code of Virginia, furnishes to the department an analysis of potential
				  environmental impacts of the small renewable energy project's operations on
				  attainment of national ambient air quality standards;
7. In accordance with §
											10.1-1197.6B
				  7 of the Code of Virginia, furnishes to the department, where relevant, an
				  analysis of the beneficial and adverse impacts of the proposed project on
				  natural resources. The owner or operator shall perform the analyses prescribed
				  in
				  9VAC15-40-40.
				  For wildlife, that analysis shall be based on information on the presence,
				  activity, and migratory behavior of wildlife to be collected at the site for a
				  period of time dictated by the site conditions and biology of the wildlife
				  being studied, not exceeding 12 months;
8. In accordance with §
											10.1-1197.6B
				  8 of the Code of Virginia, furnishes to the department a mitigation plan
				  pursuant to
				  9VAC15-40-60 that
				  details reasonable actions to be taken by the owner or operator to avoid,
				  minimize, or otherwise mitigate such impacts, and to measure the efficacy of
				  those actions; provided, however, that the provisions of this subdivision shall
				  only be required if the department determines, pursuant to
				  9VAC15-40-50,
				  that the information collected pursuant to §
											10.1-1197.6B
				  7 of the Code of Virginia and
				  9VAC15-40-40
				  indicates that significant adverse impacts to wildlife or historic resources
				  are likely. The mitigation plan shall be an addendum to the operating plan of
				  the wind energy project, and the owner or operator shall implement the
				  mitigation plan as deemed complete and adequate by the department. The
				  mitigation plan shall be an enforceable part of the permit by rule;
9. In accordance with §
											10.1-1197.6B
				  9 of the Code of Virginia, furnishes to the department a certification signed
				  by a professional engineer licensed in Virginia that the project is designed in
				  accordance with
				  9VAC15-40-80;
10. In accordance with §
											10.1-1197.6B
				  10 of the Code of Virginia, furnishes to the department an operating plan that
				  includes a description of how the project will be operated in compliance with
				  its mitigation plan, if such a mitigation plan is required pursuant to
				  9VAC15-40-50;
11. In accordance with §
											10.1-1197.6B
				  11 of the Code of Virginia, furnishes to the department a detailed site plan
				  meeting the requirements of
				  9VAC15-40-70;
12. In accordance with §
											10.1-1197.6B
				  12 of the Code of Virginia, furnishes to the department a certification signed
				  by the applicant that the small wind energy project has applied for or obtained
				  all necessary environmental permits;
13. In accordance with §
											10.1-1197.6H
				  and I of the Code of Virginia, furnishes to the department a certification
				  signed by the applicant that the small wind energy project is being proposed,
				  developed, constructed, or purchased by a person that is not a utility
				  regulated pursuant to Title 56 of the Code of Virginia or provides
				  certification that (i) the project's costs are not recovered from Virginia
				  jurisdictional customers under base rates, a fuel factor charge, or a rate
				  adjustment clause or (ii) the applicant is a utility aggregation cooperative
				  formed under Article 2 (§
											56-231.38
				  et seq.) of Chapter 9.1 of Title 56 of the Code of Virginia;
14. Prior to authorization of the project and
				  in accordance with §§
											10.1-1197.6B
				  13 and B 14 of the Code of Virginia, conducts a 30-day public review and
				  comment period and holds a public meeting pursuant to
				  9VAC15-40-90.
				  The public meeting shall be held in the locality or, if the project is located
				  in more than one locality, in a place proximate to the location of the proposed
				  project; however, for projects located in nearshore waters or on state-owned
				  submerged lands, the meeting shall be held in the locality that is the closest
				  distance from the approximate center of the project's disturbance zone.
				  Following the public meeting and public comment period, the applicant shall
				  prepare a report summarizing the issues raised by the public and include any
				  written comments received and the applicant's response to those comments. The
				  report shall be provided to the department as part of this application;
				  and
15. In accordance with
				  9VAC15-40-110, furnishes to
				  the department the appropriate fee.