CYL39-24

Request of New Energy Equity, on behalf of the property owner, for an interim use permit to allow for a one-megawatt community solar garden in the Lime Township Rural Conservation zoning district. The subject property is described as The Northeast Quarter of the Northwest Quarter, except railroad right of ways, and the Northwest Quarter of the Northeast Quarter, both in Section 29, Township 109, Range 26, excepting from said Northwest Quarter Northeast Quarter that part of said Northwest Quarter Northeast Quarter described as, beginning at a point 1315.8 feet South of the Northeast corner of Section 29-109-26, thence West 1808.8 feet to the East line of the Right of Way of the Chicago & Northwestern Railway, thence southwesterly along the said Right of Way line, 1264.6 feet, thence East 1692.3 feet to the East line of said Section 29, thence North along the section line 1249.8 feet to the place of beginning. A strip of land one (1) rod wide now used as a road, extending from East to West upon, over and across the North side of the Northwest Quarter of the Northwest Quarter (NW1/4 NW1/4) of Section 29, Township 109 North of Range 26 West, beginning at or near the Northeast corner of said NW1/4 NW1/4 of Sec. 29, and thence West along or near the North line of said NW1/4 NW1/4 of said Sec. 29, to the public highway known as the Mankato and St. Peter Road. The East 302.00 feet of the Northwest Quarter of the Northwest Quarter of Section 29, Township 109, Range 26, Blue Earth County, Minnesota, except the South 16.5 feet thereof. Except therefrom: Part of the Northwest Quarter of the Northwest Quarter and part of the Northeast Quarter of the Northwest Quarter of Section 29, Township 109 North, Range 26 West, Blue Earth County, Minnesota described as: Commencing at the Southeast corner of said Northwest Quarter of the Northwest Quarter; thence North 89 degrees 41 minutes 42 seconds West (bearings are based on Blue Earth County Coordinates NAD83, 1996 Adjustment) on the south line of said Northwest Quarter of the Northwest Quarter, a distance of 78.00 feet; thence North 12 degrees 41 minutes 56 seconds East, a distance of 16.89 feet to the north line of the south 16.5 feet of said Northwest Quarter of the Northwest Quarter and the point of beginning; thence North 12 degrees 41 minutes 56 seconds East, a distance of 589.95 feet to the westerly right of way of the abandoned Chicago, Milwaukee, St. Paul and Pacific Railroad Company; thence South 05 degrees 40 minutes 37 seconds West on said westerly right of way, a distance of 558.85 feet to the east line of said Northwest Quarter of the Northwest Quarter; thence South 00 degrees 11 minutes 26 seconds West on said east line, a distance of 19.81 to the north line of the south 16.5 feet of said Northwest Quarter of the Northwest Quarter; thence North 89 degrees 41 minutes 42 seconds West on said north line, a distance of 74.34 feet to the point of beginning. (23759 3^rd Avenue; Blue Earth County PID R400429200017).

The anticipated date of Lime Township Board action is September 10, 2024. 

The applicant, New Energy Equity, with permission of the property owner John Bohrer.
 

Brian Keenan, on behalf of New Energy Equity, with permission of the property owner, has applied for an interim use permit to allow a one-megawatt solar garden on an approximately 7.2-acre site at the site located at 23759 Third Avenue. Access to the site is shown from 3rd Avenue along a proposed 33’ easement. The panels are situated approximately 2000’ from 3rd Avenue. 
 

The subject property is zoned Conservation and is legally described as The Northeast Quarter of the Northwest Quarter, except railroad right of ways, and the Northwest Quarter of the Northeast Quarter, both in Section 29, Township 109, Range 26, excepting from said Northwest Quarter Northeast Quarter that part of said Northwest Quarter Northeast Quarter described as, beginning at a point 1315.8 feet South of the Northeast corner of Section 29-109-26, thence West 1808.8 feet to the East line of the Right of Way of the Chicago & Northwestern Railway, thence southwesterly along the said Right of Way line, 1264.6 feet, thence East 1692.3 feet to the East line of said Section 29, thence North along the section line 1249.8 feet to the place of beginning. A strip of land one (1) rod wide now used as a road, extending from East to West upon, over and across the North side of the Northwest Quarter of the Northwest Quarter (NW1/4 NW1/4) of Section 29, Township 109 North of Range 26 West, beginning at or near the Northeast corner of said NW1/4 NW1/4 of Sec. 29, and thence West along or near the North line of said NW1/4 NW1/4 of said Sec. 29, to the public highway known as the Mankato and St. Peter Road. The East 302.00 feet of the Northwest Quarter of the Northwest Quarter of Section 29, Township 109, Range 26, Blue Earth County, Minnesota, except the South 16.5 feet thereof. Except therefrom: Part of the Northwest Quarter of the Northwest Quarter and part of the Northeast Quarter of the Northwest Quarter of Section 29, Township 109 North, Range 26 West, Blue Earth County, Minnesota described as: Commencing at the Southeast corner of said Northwest Quarter of the Northwest Quarter; thence North 89 degrees 41 minutes 42 seconds West (bearings are based on Blue Earth County Coordinates NAD83, 1996 Adjustment) on the south line of said Northwest Quarter of the Northwest Quarter, a distance of 78.00 feet; thence North 12 degrees 41 minutes 56 seconds East, a distance of 16.89 feet to the north line of the south 16.5 feet of said Northwest Quarter of the Northwest Quarter and the point of beginning; thence North 12 degrees 41 minutes 56 seconds East, a distance of 589.95 feet to the westerly right of way of the abandoned Chicago, Milwaukee, St. Paul and Pacific Railroad Company; thence South 05 degrees 40 minutes 37 seconds West on said westerly right of way, a distance of 558.85 feet to the east line of said Northwest Quarter of the Northwest Quarter; thence South 00 degrees 11 minutes 26 seconds West on said east line, a distance of 19.81 to the north line of the south 16.5 feet of said Northwest Quarter of the Northwest Quarter; thence North 89 degrees 41 minutes 42 seconds West on said north line, a distance of 74.34 feet to the point of beginning. (23759 3rd Avenue; Blue Earth County PID R400429200017).
 

The parcel is made of 84.22 acre and is currently used for agricultural purposes.
 

The property is located in Lime Township and is zoned Rural Conservation.
 

The site has been delineated for wetland through Blue Earth County. Wetlands are located on the parcel, but are not present in the proposed development window for the solar panels. 

The Lime Township Ordinance can be found at this link: Lime Township Ordinances
 

The Site plan and Traffic Advisory Committee reviewed the item at their August 13^th, 2024 meeting and provided the following comments:

1. Applicant shall confirm that the access way over the railroad/adjacent property, in addition to allowing farm access as represented in the legal documentation, allows construction access to the site for construction and disassembly when the site is decommissioned.
2. Applicant shall confirm that they are aware that this is only one megawatt solar development that has been approved the subject development site. 

The applicant, New Energy Equity, is requesting an Interim use permit with permission of the property owner to allow the construction and operation of a 1-megawatt community solar garden, in the Rural conservation district, in Lime Township. The subject property consists of 84.22 acres and the applicant submitted a plan to utilize 7.2 acres of said acres for the solar facilities. The proposed capacity conforms with Section 15 Part B Subpart 3 of a System having “a maximum area of no greater than 10 acres in size or 1 megawatt of production.”

Community Solar Energy Systems in the Rural Conservation District is listed as a conditional use permit in the Lime Township Zoning Ordinance. The ordinance specifically addresses the construction of solar facilities in Section 15 in the ordinance.

The applicant has requested a 36-year interim use permit for the construction, operation, and ownership of a community solar garden. The garden will consist of approximately 2,592 solar modules that are proposed to be mounted to a driven pile. The installation height will range between 8’ to 12’. The panels will be arranged into rows from north to south. Each row of solar panels will connect to an inverter. The inverters will be connected by directionally bored underground conduit that is housed inside a PVC housing, which will be installed two feet below the surface. An Interconnection agreement with Xcel has been completed and submitted by the applicant.

Construction includes solar modules that will be mounted on driven steel piles, inverters, concrete transformer, and equipment pads, and gravel access roads. During the construction of the solar facility, the site will generate a variety of non-hazardous wastes, such as paper, cardboard, plastic, and wooden pallets. Any waste or debris will be gathered in a dumpster that will be removed during construction progress. This is compliant with Lime Township Zoning Ordinance, Section 15-part B subpart 7 Waste Disposals “shall be removed from the site promptly and disposed of in accordance with all applicable local, state, and federal regulations.”

The site plan depicts a site entrance off of 3^rd Avenue crossing a railroad track. There is currently an application that has been submitted by the applicant with Union Pacific for a private road crossing agreement. The applicant is currently awaiting a professional engineering study draft from Union Pacific to confirm whether the construction and physical conditions of the crossing is sufficient. Once completed and confirmed a Private Road Crossing Agreement will be drafted. A condition has been included herein requesting this agreement prior to construction beginning.

With the newly proposed use of the parcel, Blue Earth County is requesting an updated access permit from the applicant. A condition has been included herein requesting the applicant to submit an updated access permit from Blue Earth County Public Works Department prior to the issuance of a construction permit.

The setbacks for the submitted solar site are all conforming to the 50 feet side and rear yard setback, alongside the 50 feet setback from principal and accessory structures.

The applicant has submitted the following information to assist with water retention, erosion, sedimentation control, and stormwater management through the proposed site of solar modules by germinating indigenous pollinator-friendly vegetation prior to construction, vegetative covers, and erosion control logs and silt fences when necessary. The measures taken comply with Lime Township Ordinance Section 5 General Regulations part 5 Water Retention, Erosion and Sedimentation Control subpart C Erosion and Sedimentation Controls by “developing the land in increments of a workable size and utilizing natural vegetation to retain and protect the land.” The applicant will be responsible for maintaining any existing drain tile system underneath the array and replacing any damage to tile during construction, or any time prior to or during decommissioning.

A Wetland Delineation and Natural Heritage report have been submitted within the application. It has been concluded by Blue Earth County and Area M Consulting, the solar arrays will avoid and will not impact wetlands during construction, the placement of the modules, and the decommissioning of the site. Conditions surrounding wetlands have been included by Blue Earth County, for the applicant to comply with, such as, during construction, the project shall utilize erosion control measures to mitigate any silt or material leaving the project site and upon completion the site shall be seeded using a native grass blend which is consist with the surrounding area. Measures to avoid or minimize disturbance to the State-listed species from Minnesota Natural Heritage Information System will be included as conditions listed below.

The applicant has not submitted any plans for signage at this time, however they shall conform to Section 15 B subpart 5 allowing for “manufacturer and equipment information, warning, security or indication of ownership” signage only. A condition has been included herein requesting the applicant to comply with Lime township ordinance signage ordinances.

No exterior lighting has been proposed at this time, if the applicant, in the future proposes to install exterior lighting it shall conform to the Lime Township Ordinance.

The Solar Garden shall comply with Minnesota Rules 7030 governing noise, any Minnesota Pollution Control Agency or government agencies relating to solar arrays.

An anti-reflective coating will be placed on all panels to reduce the glare of the solar garden. Given the existing vegetation and terrain surrounding the solar facility, it will act as buffer to all surrounding areas by minimizing the glare on streets highways and neighboring properties. According to the Solar Glare Hazard Analysis Tool (SGHAT) submitted by the applicant, there is “no glare found” on any of the PV array receptors facing Lime Valley Road and Third Avenue and surrounding obstructions.

The Solar arrays will be encapsulated within an area protected by an eight-foot-high knotted wire fence. With the combination of the fence, natural barrier of trees, and long distant from adjacent properties the applicant is not proposing to include any vegetative screening.

The applicant has submitted a decommissioning plan documenting the removal of the equipment from the site upon termination of the usage of the equipment. The narrative states that the applicant is required to remove all of the equipment and restore the land to pre-development conditions. In the process of removing “the panels from the site, or decommissioning of the site, all panels, wiring, and mounting systems shall be resold to subsequent users or recycled with appropriate recycling facilities and shall not be disposed of in general use landfills”, the applicant shall conform to Section 15, part B, subpart 7 waste disposal. The applicant has submitted a plan to recycle PV modules, switch gear, copper and aluminum wire, and string inverter alongside of the components. Additionally, the applicant has provided a cost estimate for said removals at $293,916.93.

Blue Earth County Property and Environmental Health has indicated that the septic system that serves this property has been certified non-compliant since 2018 and is in the initiate enforcement phase. Blue Earth County would not process this review at a planning commission level until a compliant septic system is installed. A recommended condition is included herein that a code compliance septic system be installed before a construction permit is issued. 
 

Staff respectfully submits the following findings of fact for the proposed Interim Use Permit:
1.  Use. - The proposed community solar is listed as an interim use located on Parcel Identification Number R400429200017.
2.  Prohibitions.  - The property is not located in shoreland, floodplain, or habitat areas. The site does contain wetlands, but a wetland delineation was conducted, and the project will not impact wetlands. The site is outside of any areas identified as flight zones.
3.  Maximum Size and Capacity.  - The proposed community solar facility is a 1-megawatt facility. The site encompasses approximately 7.2 acres.
4.  Standards for Community Solar Energy Systems. - The site has access via 238^th Street off of 3^rd Avenue. The applicant uses piles as the foundation.  The report documents the use of steel and concrete piles. The applicant conforms to the impervious standards of Lime Township.  The submittal for the land development permit will include documentation related to conformance with the building code. The applicant has submitted the appropriate documentation to the Blue Earth County Technical Evaluation Panel and it has been approved.
5.  Signage.  - The applicant will only be utilizing signage required by the regulatory agency requirements.
6.  Power and Communication Lines. - The applicant has an interconnection agreement with Xcel Energy.
7.  Waste Disposal.  - The applicant will be providing portable waste facilities during construction for contractors and employees.
8.  Interconnection.  - The applicant has an interconnection agreement with Xcel Energy.
9.  Decommissioning Plan.  - The applicant has submitted a decommissioning plan. The plan addresses costs for decommissioning totaling $293,916.93. The applicant will be submitting a cash escrow or irrevocable letter of credit for the amount of approximately $367,396.16. 
10.  Noise.  - The applicant will conform to the noise standards. Suspected violations will be forwarded to the MPCA for enforcement.
11.  Electrical Codes and Standards.  - The applicant will work with the State of Minnesota on the enforcement and/or compliance with the electrical code.
12.  Minnesota State Building Code.  - The applicant will submit documentation of this with the land development permit.
13.  Maximum Height.  -  The proposed modules will range between 8 feet and 12 feet in height.
14.  Glare.  - The applicant conducted a glare study. The assessment passed the Forge Solar FAA policy adherence.
15.  Setbacks.  - The site conforms to the rear, side yard, and principal dwelling setback requirements.
16.  Security Fencing.  - The proposal will have an 8-foot fence with more than a five-inch separation from the ground.
17.  Screening.  - The applicant is not proposing a vegetative screening due to the natural barrier of trees located on the property.
18.  Inspections and Reports.  - The applicant will prepare the information for the boards and allow for inspections.
19.  Tile Lines. – Tiles lines will be identified on the submittal for the land development permit.
20.  Roads.  - The applicant will be accessing the site via 3^rd Avenue onto 238^th Street.  The applicant is currently working with Union Pacific for a private road agreement.
21.  Vegetation Requirements & Management.  – The trees on the site will not be cleared. The proposal indicates that a DNR approved pollinator seed mix will be used for the site.
22.  Inspection Fees.  - Inspection fees will be paid to the Lime Township Board per the standards in the ordinance.
23.  Natural Heritage Information System Review.  - The applicant has submitted a review of the cultural features of the site.
24.  Utility Notification.  - The utility companies were notified with the standard notification process for the interim use permit.
 

Staff recommends approval of the Interim Use Permit to allow for a community solar facility in Lime Township with the following conditions:

1. The Private Road agreement shall be completed and submitted to the Lime Township Board prior to construction beginning.
2. An updated Access Permit from the applicant shall be submitted to Blue Earth County Public Works Department prior to commencement of construction activities.
3. The applicant shall schedule a pre-inspection of 238^th Street/Road, County State Aid Highway 5, and the cartway with a Lime Township Board Supervisor or designee, and Blue Earth County designee, prior to construction.
4. The applicant shall be responsible for the maintenance and repair of 238^th Street/cartway impacted by the development of this project. The maintenance shall include providing a drivable road, per the Township standards, throughout the entire construction process and clean up of any tracking of debris, garbage, or refuse from the site onto any adjacent roadways. 
5. Access to the site is from CSAH 5 and 238th Street, and may commence after approval of the Lime Township Board prior to construction, and after Blue Earth County has issued the updated access permit.
6. Prior to construction on any site the permittee shall provide a map of all agricultural tile lines or drainage ditches on the parcel prior to construction to the Lime Township Board.
7. All staging areas, employee parking, construction parking and delivery parking shall be provided on-site in the designated area. Parking or staging on the township road or in its right-of-way is prohibited. The surface of these areas shall conform to the surfacing standards for parking areas in the Lime Township Zoning Ordinance.
8. A financial guarantee in the form of a cash escrow or irrevocable letter of credit meeting the Township’s requirements in the amount of 125% of the cost to vegetate the Community Solar Energy System area shall be submitted to the Lime Township Board. The Township shall determine the amount of the security required.
9. A financial guarantee in a form of a cash escrow or irrevocable letter of credit meeting the Township’s requirements in the amount of 125% of the estimated cost to implement the decommissioning plan, without deductions for anticipated recycling or resale compensation, shall be submitted to the Lime Township Board required. The amount of the initial bond will be $367,396.16.
10. A financial guarantee in the form of a cash escrow or irrevocable letter of credit meeting the Township’s requirements in the amount of 125% of the cost to implement the screening shall be submitted to the Lime Township Board. The Township shall determine the amount of the security required.
11. Prior to construction, the Permitee shall post a financial guarantee in the form of a cash escrow or irrevocable letter of credit meeting the Township’s requirements in the amount of 125% of the potential repair costs relating to any public roads which may adjoin the Community Solar Energy System. The Township shall determine the amount of the security required. The applicant shall be responsible for any damage caused to any public road by persons constructing, maintaining, or decommissioning the Community Solar Energy System.
12. The applicant shall submit a plan addressing the maintenance of vegetation and screening. The ground cover shall be maintained for the life of the Community Solar Energy System and continue meeting the approved installation standards, which includes filling out the established Community Solar Energy System assessment form every three (3) years.
13. The applicant shall submit the seed tags to the Township upon the completion of seeding.
14. The applicant shall conform to the landscaping and screening standards set forth in the Lime Township Code.
15. The applicant shall install any fencing a minimum of 5 inches above grade per the Lime Township Ordinance. The applicant shall not install fencing greater than 8 feet in height from the grade.
16. The applicant shall coordinate with the Lime Township Board all inspections required to occur on site.  The applicant shall submit any inspection fees to the Lime Township Board prior to scheduling any inspections.
17. The Lime Township Board reserves the right to inspect a property within seven days of notification.  The time period can be eliminated if the inspection is to address a life safety issue.
18. The applicant shall provide a refuse and waste management plan during the construction of the facility.
19. The applicant shall submit an operational report within 5 years of the approval of the interim use permit. The plan shall document energy production, maintenance activities, proposed construction activities, landscaping and screening, and address any issue.
20. The Lime Township Board reserves the right to review, amend, or revoke the interim use permit if the property is deemed out of compliance and the issue is not remedied with in a timeframe approved by the Lime Township Board.
21. The Lime Township Board reserves the right to review, amend, or revoke the interim use permit if the property is sold.
22. All site development shall conform to the approved plans and resolution. Any revisions to the plans shall first be approved by the Lime Township Board prior to any land disturbance activities or construction activities.
23. The manufacturer’s licensed engineer or a State of Minnesota licensed professional engineer shall certify in writing that the foundation and design of the solar energy system is within accepted professional standards, given local soil and climate conditions, and this shall be provided within 60 days of project completion as per Lime Township ordinances.
24. A land development permit shall be obtained prior to work commencing.
25. Prior to the issuance of a land development permit, an MPCA Construction Stormwater Permit, the final Stormwater Pollution Prevention Plan approved by the MPCA, the civil construction plans with a full drainage report and the final operation plan shall be submitted for review and approval.   
26. All site development shall conform to the approved plans and resolution. Any revisions to the plans shall first be approved by the Lime Township Board prior to any land disturbance activities or construction activities.
27. The owner and operator shall notify the Lime Township Board, or designated representative, whenever there is a change in ownership or operator.
28. This interim use permit shall become invalid unless a land development permit authorizing the work has been issued within 12 months after the final approval by the Lime Township Board.
29. The facility shall conform to the Lime Township Solar Ordinance.  Additional items included in the ordinance may be required at the time of submission of the land development. Omission of items in the conditions does not exempt the requirements from the submittal.
30. The applicant shall avoid initial disturbance to grassland areas and tree/shrub removal from May 15^th through August 15^th to avoid disturbance of nesting birds per NHIS (National Heritage Information System)
31. The applicant shall be limited to wildlife-friendly materials for erosion control mesh when necessary per NHIS request
32. A code compliant septic system shall be installed at the property located at 23759 3rd Avenue prior to the issuance of a construction permit.
33. If the applicant installs signage it shall conform to the Lime Township Zoning Ordinance.