Buckingham County staff: Riverstone solar project not in violation of key conditions; road complaints continue
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Summary
County staff reported no SUP violations for Riverstone solar on buffers or setbacks but acknowledged continued complaints about construction traffic using restricted roads and missing signage; county attorney and developer both interpret state code as allowing a project extension.
County staff told the Buckingham County Board of Supervisors on Sept. 8 that investigators found no clear violation of special use permit (SUP) conditions at the Riverstone solar project, but residents’ complaints about construction traffic on restricted roads persist.
A staff presenter summarized three categories of complaints: alleged violations of SUP condition 13 (a 50-foot vegetative buffer), removal of trees or vegetation within buffers, and breaches of SUP condition 28 (road-use restrictions). "Condition number 13 states a 50 foot buffer of existing vegetation and timber must be retained or maintained along property lines and existing public right of way," the staff member said, summarizing the permit language.
The presenter said staff reviewed SUP condition 12 as well, which sets a 50-foot setback from perennial streams and connected wetlands but explicitly allows "transmission lines, poles, project roads, erosion and settlement control, and stormwater management features" within setbacks when necessary. Based on that clause, staff concluded it did not find a violation tied to the placement of stormwater controls or erosion features in the buffer.
On tree removal, staff reported timbering had occurred by the landowner around the time the SUP was granted and that the developer, Apex, denied orchestrating timbering in the buffers after issuance of the SUP. "The landowner as a timber company has the right to do that timber on their property," the staff member said.
On road use, staff acknowledged multiple complaints that construction traffic used roads explicitly restricted by SUP condition 28, which lists Payne's Pond Road, Georgia Creek Road, Quail Run Lane and a segment of Payne's Pond Road from Route 20 to the northern project boundary as off-limits during construction and decommissioning. The presenter said staff continues to forward constituent road complaints to Apex. "Apex has placed road construction signage on the mentioned roads and is committed to further notify contractors of the proposed routes," staff said, but noted that during a recent site check some signs were not standing on Payne's Pond Road.
Staff also reported that the county attorney issued an opinion that the Riverstone project qualifies for an extension under Virginia Code § 15.2-2209.1 and that Apex supports that interpretation, so no board action on the extension is required. "The county attorney has issued an opinion that this project does qualify for an extension under the code and no further board action is necessary," the presenter said.
Board members present asked staff to press the developer for better traffic controls, including a temporary wash station or truck cleaning to avoid tracked dirt on Payne's Pond Road. One board member asked for increased sheriff's office presence to address off-road vehicle activity observed near the project.
No formal enforcement action or permit revocation was reported at the meeting; staff said it will continue to collect complaints and work with Apex and other agencies.
Ending: Staff said it would continue forwarding road complaints to Apex and monitor compliance with on-site signage and contractor routing; the county attorney's written opinion that an extension is available under state code remains the county's current legal position on the extension request.
