There is no approved solar project in Patrick County, however, a company has filed a Notice of Intent with the Department of Environmental Quality (DEQ).
Dominika Sink, Senior Director of Project Acquisition and Development with Energix, said she knows there’s a lot of confusion about Fairy Stone Solar, LLC and its proposed projects.
But “there is no approved project. We have never applied for any permit in Patrick County, and we do not have any permits from the county,” she said.
Since the county has no zoning, Sink said the certification form signed by a county official in 2021 was necessary for the company to engage with the DEQ for a Permit By Rule (PBR).
“We have to provide them with a form showing that we’ve gone through applicable zoning processes. In the absence of zoning, we have reached out to the county, which I think is what’s erroneously referenced, as an approval,” she said.
Sink said Fairy Stone Solar contacted the county in 2021.
“We said, ‘this is what we’re doing. There is no zoning, for us to engage with DEQ on this project. We need to show them some sort of proof that we’ve gone through the zoning process, but you all do not have zoning, so could you just check this box for us saying it’s just not applicable,’” she said.
Now former county administrator Geri Hazelwood signed a certification form in October 2021, records show.
Currently, the company is working on its study and survey as part of its due diligence process, Sink said.
In a March 13 email to building official Jason Brown, Susan Tripp, Renewable Energy PBR Coordinator with the DEQ, wrote that Fairy Stone Solar, LLC filed a Notice of Intent (NOI) for a proposed solar project in Patrick County.
The email noted that the DEQ received the NOI from Fairy Stone Solar, LLC on December 10, 2021. A notice was published in the Virginia Register of Regulations on January 31, 2022, as required by law, Tripp wrote.
The Permit by Rule (PBR) Solar regulations state that applicants should furnish an NOI to DEQ as early in the project development process as practicable, but certainly after the applicant believes that the proposed project can meet local land use requirements.
“Submittal of an NOI is one of 15 provisions required by the Solar PBR regulations,” Tripp wrote in the email. “To receive authorization to construct and operate a small solar energy project, an applicant must submit a complete application to DEQ which includes all of the 15 provisions of the Solar PBR.”
Portions of the provision require an applicant to furnish the DEQ 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;
According to DEQ’s solar guidance document, the local government certification should either be a letter on official letterhead stationery from a responsible official of the local government (e.g., county administrator or his designee) or the Local Governing Body Certification Form found in the solar guidance. The certification is required to ensure the project complies with all applicable land use ordinances.
Tripp noted that the “DEQ has NOT received a solar PBR application or a signed local governing body from Fairy Stone Solar, LLC,” in the email. “Because solar project siting approval is determined by localities, DEQ recommends that you consult with your County Attorney to consider whether the proposed project, Fairy Stone Solar, is consistent with Patrick County’s comprehensive plan, local ordinances, and any other applicable laws.”
Tripp could not be reached for additional comments or to explain the process.
A letter from Jeanne Trabulsi, of the Vienna-based Virginia Coalition for Human Rights, also noted that a solar company planned to locate in the county. It was dated Dec. 10, 2022, and distributed to 12 affected residents/landowners in Patrick County – primarily to those in “the community that directly surrounds the proposed solar site of Fairy Stone Solar,” she said.
Copies also were sent to the Patrick County Board of Supervisors and the Planning Commission, Trabulsi said.
“Did you know that your property is located near a proposed 12MW solar facility in Stuart named Fairy Stone Solar,” the letter asked. The project, it explained, would be built “on 169 acres (between Commerce Street and the South Mayo River).”
The letter suggested residents discuss the proposal with the Patrick County Board of Supervisors and/or the Planning Commission at the respective December meetings.
A map of the proposed project (pictured) also was included, along with the caption – Fairy Stone Solar, LLC—Two parcels outlined in purple owned by Five Rock Cidery, LLC in Bellview, Florida. The cross-hatched area represents the flood zone of the South Mayo River.
Jim Best, the agency’s SW Virginia coordinator, also presented a slideshow about the proposed project to the Planning Commission on January 17.
