Buckingham County Board of Supervisors January 5, Chairman Chambers reconvened the meeting from December 12, 2016.

Transcription

1 Buckingham County Board of Supervisors January 5, 2017 At a reconvened meeting from December 12, 2016 of the Buckingham County Board of Supervisors held on Thursday, January 5, 2017 at 6:00 p.m. in the Peter Francisco Auditorium of the Buckingham County Administration Complex, the following members were present: Joe N. Chambers, Jr, Chairman; Robert C. Bobby Jones, Vice Chairman; Donald E. Bryan; Don Matthews; E. Morgan Dunnavant; Harry W. Bryant; and Danny R. Allen. Also present were Rebecca S. Carter, County Administrator; Karl Carter, Asst. County Administrator; Rebecca S. Cobb, Zoning Administrator and E. M. Wright, Jr., County Attorney. Re: Call to Order Chairman Chambers reconvened the meeting from December 12, Re: Quorum Chairman Chambers certified there was a quorum. Seven of Seven members present and the meeting could continue. Re: Invocation and Pledge of Allegiance Chairman Chambers gave the invocation and the Pledge of Allegiance was said by all who were in attendance. Re: Public Hearing: Case 16-SUP236 Atlantic Coast Pipeline Chambers: We are here tonight for the public hearing. All the people in the isles standing on both sides, get behind the deputies. We ve got 95 people signed up to speak for the public hearing so we will try to get out of here by 12:00. That will be 5 hours. So if you want to speak, we ll stay here with you. At this time, Mrs. Cobb, will you make a statement? Cobb: We have the Atlantic Coast Pipeline will do a short presentation and then after that we can discuss the conditions. Chambers: Ok. Re: Applicant Presentation: Atlantic Coast Pipeline LLC Emmett Toms: Good evening Board members, I m Emmett Toms with Dominion and I just want to take a minute to let you know we have our team here from the Atlantic Coast Pipeline for any technical questions you may have later on. We do have a little PowerPoint here that we showed at the Planning Commission meeting and we ll run through that again and kind of give 1

2 you an update on that. I know most of you attended some of those but just to cover you and the audience, we plan on doing that. I just wanted to make a brief statement of the history. The County and Dominion has had a good working relationship. We are not an out of Town Company as some of the folks of the last year that s gone away and not be here. We do have a relationship with the County where we have a facility that s been operational in the County now and producing power that provides power to most of the residents in Buckingham. That facility and our electric transmission lines also employ a lot of folks in the County whether they work at Bremo Bear Garden or even go to Farmville and have those folks in the area supporting your payroll but the company currently pays you about $3.3 million in tax revenue. That is what we paid last year based on the assets in the county. We ll have about a 1 ¼ million more if this operation goes in and is fully operational. So that makes about $4.5 million worth of taxes to the benefit of a county with a $44 million budget. We just did some quick figuring here. Your tax rate is about $0.55 and that would equate to adding $0.32 to these residents tax bill if we did not have these facilities currently in the county. We just want to put a monetary figure on how the Dominion Corporation has impacted the revenue and helps the real estate taxes in this county. We are here to answer your questions and we worked with the Planning Commission to come up with 40 conditions on the application and I think we all mutually agreed on that and that s more than we done on even an application on a unit that s 13 times bigger than what this one is at the Bear Garden station. It had nowhere near the conditions so we ve looked at a lot of things here and we ve tried to address the publics concerns so we are happy to hear what s going on tonight and answer the questions as we go along. With that I m going to introduce Carla Piccard as the Corporate Manager of Communications on our project and she ll come up and run through a quick PowerPoint for you. Carla Piccard: Thank you Emmett and thank you very much Mr. Chairman and fellow supervisors. I do want to keep this brief this evening but we do want to take the opportunity to address some of the concerns that we ve heard throughout the public comment period. So with that I m going to try to follow the steps that Rebecca just gave me to run this. Bear with me one second. I want to start with some high level information and then we will kind of go through the slides. Dominion does operate 109 compressor stations on its system across 6 states. I would submit as reference the Buckingham Station will probably be one of if not THE best station within the system for a number of reasons. One of course is the local condition that add to the rigor and protection of this station. Another reason would be the new efficient technology that will be used, best in class design and operations that will be employed at the station in addition Dominion has invested a significant amount of money in features and additional controls that are outside of the requirements to provide additional protection and controls especially in the area of noise and air quality. I ll talk a little bit more about those features coming up. One of those is what we call best in Class Design and Operations. Again, I ll touch on that when we get into environmental controls. I also wanted to mention that compressor stations, the function is pretty basic. It s like a pump on a water line. The purpose of the compressor station is to move the natural gas through the pipeline. But there is a lot of difference between the types of compressor stations. It s a difference in the size, a difference in how they are maintained, and certainly different level of performance based on whether it s a 50 year old station or in this case a brand 2

3 new station featuring the newest technology and high efficient technology. A facility like this compressor station and Atlantic Coast Pipeline in general, because this is an interstate, sorry, natural gas transmission pipeline, this is part of the bulk energy system and we are a highly regulated system because of that. We have to meet significant requirements at the federal, state and local level. In fact in this type of facility the federal requirements are kind of a general baseline that is required of all stations of this type. In this case the local requirements add additional rigor to the protections that are available for the community that host this type of station. We appreciate the opportunity to work with you all and the community on developing those conditions. I wanted to start with this slide in particular because I think it s important to talk about why this location was selected. As you can see it s an aerial image and hopefully you can see Rt. 56 as it passes through from west to east and as you can see the existing Transco right of way where they have four existing pipeline one of which is 42 in diameter. That existing right of way of course is a straight line that crosses through the bottom left corner up towards the word factors on your screen, that particular section was very important to us because the customers of this project actually required that connection with Transco and part of that reason is because Transco is the only transmission line that serves North Carolina today. So, historically the gas has flowed from the Gulf Coast area along that Transco line from South to North basically but of course that pipeline will be bidirectional now and once you have the availability of natural gas supplies flowing through the Atlantic Coast Pipeline for example, we can intersect with Transco and provide another source of natural gas, another pathway for that natural gas to reach Transco s customers in North Carolina, a state that is really starved for this resource. So that is a critical interconnect for our customers. Again, quickly, the Atlantic Coast Pipeline was developed as a project in response to a very specific request for service by Duke Power, Piedmont Natural Gas, and Virginia Natural Gas. So those are three of six customers that are described in detail in our application to the Federal Energy Regulatory Commission. This project was developed in response to that customer demand. I guess to add on to that, this project is only to serve those domestic customers. It is not for export. So with that, let me move on. 3

4 So some of the things we ve heard in some of the other Comment meetings is some question or confusion about the size of this station as it relates to other types of compressor stations. You can see we ve included examples of other stations on our system. Buckingham Compressor Station isn t actually the biggest station in this project. Buckingham is one of three compressor stations we ll have as far as Atlantic Coast Pipeline project. The biggest of those is in West Virginia where the project starts. That station is over 55,000 HP. You can see a few other examples on this list. Moving on, let me jump into a few other concerns. One other concern certainly that we ve heard throughout the meetings has been about sound and noise particularly for the closest neighbors. I want to point that this is one of the images from our sound study that we created for the project and I realize that this is pretty tiny to read. Hopefully you have this information in front of you. The different lines point to different areas where we took sound readings as part of our sound study and our intent would be to come back once the station is operational and take additional readings. 4

5 On the next slide I m going to show you the results of the sound study but I would point out if you are looking at this the closest residence is labeled as S-3 and that is if you are looking at the station, it s to the left of the station sort of northwest of the station. That would be the closest residence. I ll show you the results of that sound study. I realize there is a lot on this table. You can see the different residences listed on the left hand column and their proximity to the proposed station in the next column. We took readings, multiple sound readings, of the ambient sound levels that are there today without the station, just woods on the property. Then we have calculated using the nameplate information on the equipment we plan to install there. We ve calculated the net result of the equipment plus the existing ambient sound. You can see on the far right column, the predicted increase. Hopefully what you will notice, at our closest neighbor which is a little over 1400 feet away, we are showing a total increase, with everything running, all four engines running, the total increase would be less than 3 decibels. The sound experts will tell you 3 decibels is the minimum for a perceptible sound increase. So that s you can see at the other locations where we tested for sound would be even lower than that. 5

6 I m going to move through these pretty quickly. I ll be happy to come back to any of this if there are any additional questions. Ok. I mentioned in the beginning some of the Best in Class environmental controls that we would be utilizing at this particular station. One of those, the top bullet there talks about fugitive emissions reduction initiatives. That s a combination of equipment and procedures that would significantly reduce the amount of gas that s released into the atmosphere through our regular operations. We ll talk about venting and blow downs in a minute as well. So, you can see there are a number of additional measures and equipment that we are planning to install in this station is a Catalytic Reduction System which helps reduce the nitrogen oxide emissions. Oxidation Catalyst which reduces the volatile organic compound emissions as well as carbon monoxide and a vent gas recovery compressor that in particular is designed to help reduce the gas that is released during the required ventings, for example. There is some additional information about other environmental controls that we will use on the site. 6

7 I wanted to go back to you, I shared the following chart in our meetings with the Planning Commission but I think it s always helpful to provide some context for the information that we have put together in our air quality permit application that we ve submitted to the Virginia Department of Environmental Quality. So we put together the attached charts. The pollutants that you see on the left are what the EPA determines as criteria pollutants. These are the ones that are of concern for DEQ. These are the ones that they will be taking a close look at. The levels that you see in the middle column, those are the maximum levels that have been set based on projections that would involve us using all of the equipment at the maximum loading possible, all day, every day throughout the year. These are intentionally set to be maximums that are almost unattainable. In other words we would never run the system at that capacity. So the actual emissions would be significantly lower than the levels you see there. But in terms of context we also wanted to provide the figures of record for Buckingham County as a whole. Those are the figures you see at the far right column on that table. I ll drill down just a little bit further, there are a couple emissions that we heard a lot about during the comments. 7

8 Particular emissions that folks were specifically concerned about, formaldehyde was one of those. So I wanted to provide additional information on that particular compound and you can see from this chart, we have a little blue dot down at the bottom where the Buckingham Compressor Station falls in relation to other sources of formaldehyde within the county. So we are the 7 th column over, so it s pretty tiny as compared to the natural resources of formaldehyde in the county. Similarly on the next slide, you can see benzene which is one of the other emissions we heard about somewhat frequently. You can see there are many other sources of benzene within the county. The Buckingham Compressor Station is actually fairly far over, about half way over on the chart. Wood stoves for example would be a higher source of benzene within the county. 8

9 As promised I m going to switch gears just a little bit and talk about ventings, blow downs, sources of methane natural gas release within the station. Again, context is the key here. I wanted to point out that it s important to remember that natural gas, methane, that runs through this pipe is our product. That s the commodity that we are being paid to transport from Point A to Point B. So we are highly motivated to keep it in the pipe. We want it to reach its destination. That s part of the reason we employ these different measures to reduce the amount of gas that is released when we do have to perform a venting for compliance inspections, testing or maintenance for example. Released gas is lost revenue for us. We want to keep it in the system. One thing I wanted to point out again is the full station silencers that we will be adding to this station will prevent the blow down from being heard from beyond the property line. So for neighbors outside the station, most likely they will never know that a blow down is happening on that site. It s important to keep this particular feature in mind when you are talking about some compressor station. This is a voluntary piece of equipment that we have added at some expense to ensure that this station will be as harmonious as possible within the community. One last note on methane and air quality and then I ll move on. There have been a number of concerns and questions about the potential for health effects. I think at the previous meetings 9

10 that we had three of our station operators with us who collectively have over 100 years of experience working in compressor stations spending most of their days in these facilities and as the slide says there are folks that have probably the greatest exposure to these facilities and have not had these reported types of health effects. FERC also found on a project that we received a final order and environmental assessment about a year ago in New York in our New Market project, FERC s final assessment is the top bullet there, and they do point out that during a venting or full station blow down it would be possible to detect natural gas however these impacts would occur for a short duration every five years and would not pose any discomfort, irritation, or mild health effects. Again, the FERC or Federal Energy Regulatory Commission, approves all of these facilities at the interstate level. Safety is our first priority and I probably should have started the presentation with this slide but I did want to come back to these points as a reminder as part of my closing. Again, just mention that we are subjected to rigorous federal and state testing protocols for all of our facilities. The pipeline itself, our welds as one example, the requirement is that we x-ray a percentage of all the wells on the pipeline. We feel that s not good enough. We feel that any pipeline is only as strong as its weakest point. We x-ray 100% of the welds in the pipeline. I mentioned the continuous monitoring and inspections that take place on these facilities. The operators and you can see one of our operators in the lower picture there, these folks are subjected to substantial qualification training and you have to be recertified on a regular basis. The Community Awareness program, we work very closely with the Emergency Responders and folks that would be likely to be excavating for example in the areas where we have our facilities and we meet with these folks at least annually. Then of course all of our facilities are monitored 24/7 from our gas control center which is located in Bridgeport, WV. 10

11 Just a couple things I wanted to talk to you about, again as I m quickly wrapping up, the comprehensive plan. Again one of the reasons that we selected this site was because of the location and because of that intersection with Transco but we felt the site was also very beneficial because with the 68 acres that allowed us to maintain a significant amount of the natural and native tree buffer that s already there onsite can help us maintain that buffer so that neighbors will have very low if any visibility of the station and also it helps with noise baffling as well. You will see in the middle of that list there, we have completed our surveys on this particular piece of property. No historical, archeological resources were identified on the site or vicinity. These facilities are actually included in Buckingham s Comprehensive Plan. The Atlantic Coast Pipeline is included in that plan. 11

12 Then of course you all know that the Special Use Permit is the mechanism to approve a facility like this in the A-1 district. Finally as Emmett mentioned we have completed a calculation of the potential for tax revenue for these facilities based on contracts that we have with our customer and the expected usage, and Buckingham s existing tax rate. Those calculations are public. We have a spreadsheet that s available on the Atlantic Coast Pipeline website. If you look at the first 8 years, including construction, there s a little bit of a ramp up but in the first 8 years, Buckingham will bring in $8.7 million and you can see 2022 is the first year we expect to hit full service and from that year forward, the tax figure as Emmett had mentioned, would be about $ million each year to what we are already paying the county. Of course the other benefits, substantial local benefits during construction, we would have a significant workforce that would be moving in and buying 12

13 goods and services here in this area while they are constructing the compressor station and then full time workforce at the station. 9 or 10 folks would be employed at the station going forward. I wanted to end on this slide which shows an artist representation of what this station will look like and this rendering includes some of the feedback that we heard from the Community Advisory Group that we worked with a little over a year ago and some of that feedback included additional tree buffer which you can see between the station and the Rt. 56 at the front of the property and we adjusted the communications tower which you can see at the back corner there. So that s what we believe the station will look like when it s built, if it s approved. 13

14 With that my team and I will be happy to answer any questions that you might have. Chambers: Does any board member have questions at this time? I thank you. At this time Mrs. Cobb, would you give an overview of the proposed conditions? Cobb: Yes, I can, up to your pleasure, I can read through all the proposed conditions or I can highlighted ones if you would like for me to do that. Chambers: Would you do the highlighted ones? Cobb: Sure. I point out #1 is a condition that regulates the size of the compressor station and basically says that it cannot be larger than 55,000 hp and that no single unit can be greater than 22,000. Condition #5 talks about construction noise between hours of 10pm and 6am that it shouldn t exceed 60 decibels. Condition #6 is also decibel limitations about normal plant operations and also about during their planned blow downs that it will not exceed the 55 decibels around the other property lines with exception of the property line along the road can be 60 decibels simply because that s a closer the facility is closer to that line. You ll note that Conditions 8, 9, and 10 address some lighting concerns and generally limit the lighting and have it direction downward. Condition 15 is about fencing and requires a minimum of 100 ft. set back from all property lines. 16 is in regards to tree and buffering along the property. 18 is silencers should be used during blow downs. Then when you get into condition 22, you start with some of the regulations. This one in particular is the best available control technology should be used. 33 is pertaining to shut off valves. 34 is also about monitoring system and valves and alarming. 14

15 36 is about fire break and keeping the property clear of trees and shrubs around the facility. 37 and 38 relate to the requirements from Virginia Department of Environmental Quality and about their testing to make sure they are meeting those standards. 39 shows that everything has to be designed to collapse or fall within the facility and then 40 is about the crisis response plan being received by the county. That s a quick overview of the Planning Commissions proposed conditions. One note that I did include for you all is Condition 25, speaks to it s a general one that says they must comply with all state, federal and local regulations including the special use permit. I just proposed a little additional language there to pull out specifically say that is referring to FERC and DEQ as well as our Special Use Permit and others. So I would ask that you would suggest that you will ask to add that language. It is my understanding that Mr. Dunnevant also has some changes possibly to the conditions and I believe he has a copy of those conditions as well as you are considering conditions tonight. Are there any questions on the conditions at this point? Bryan: Mrs. Cobb, I notice there are two different colors here. Blue and Red. Can you is red the conditions from Mr. Dunnevant and blue is from you for the changes? Cobb: Yes, the changes Mr. Dunnevant sent me and then we were talking and them some additional changes occurred so the blue is changes that I suggested in there. Conditions recommended by Planning Commission: 1. The compression of natural gas will occur through natural gas fueled turbines with no greater than a combined 55,000 ISO horsepower rating and no turbine shall have an ISO horsepower rating greater than 22,000. An increase in horsepower will require new permitting. 2. The only use of the property shall be compression, measurement and regulation of natural gas and its transfer above ground and underground, except that a Microwave Tower shall be permitted provided a separate SUP is approved by the Board. No other non A-1 use shall be made of the property. 3. There shall be no abatement of local property taxes in association of this request. 4. During normal operating hours, the applicant is responsible for providing the first response to any emergency in relation to the compressor station. The applicant shall prepare, at its own cost, an Emergency Preparedness Plan, in accordance with the U.S. Department of Transportation, Pipeline and Hazardous Materials Safety Administration regulations, to be submitted to the County for review prior to implementation of operations. 5. During construction, activities that produce noise between the hours of 10:00 p. m. and 6:00 a. m. shall not exceed a noise level of 60 dba (decibels) at the property line, without prior notification to the County. 6. Noise attenuation measures will be implemented making all reasonable efforts such that noise levels attributable to normal plant operations will be kept to an L90 reading of 55 dba (decibels) or less at the property lines with the exception that the front property line (along Route 56, S. James 15

16 River Hwy) may have a dba of 60. If testing by a qualified noise consultant shows an exceedance of these levels Dominion will consult with Buckingham County regarding the reasons for the exceedances and reasonably available noise mitigation measures. Also, noise levels attributable to normal plant operations will be less than 55 dba at any adjacent existing building that is not on the subject property. 7. During construction dust shall be controlled with water or water and calcium chloride. 8. Exterior lighting will be directed downward and inward to the extent feasible in order to prevent any glare on adjacent properties. In addition, the facility will be designed to enable exterior lighting for work areas of the station to be switched off while not in use. Any lighting for surveillance will be at minimum foot-candles for visibility and shall be pointed in a down direction. 9. Site lighting shall not exceed 5 foot-candles in exterior working areas and 2 foot- candles in parking and non-working areas. 10. Light trespass shall be limited to and should not exceed 0.5 foot-candles at the property line. All exterior luminaries shall utilize full cut-off optics. 11. All driveways, parking areas, and access roads shall be maintained in a manner that will keep dust to a minimum so as not to adversely impact adjacent properties. Driveways and parking areas will have asphalt surface or better, exception may be applied if not feasible and dust can be controlled otherwise. 12. The compression station and accessory facilities, used for the compression, measurement and regulation of natural gas and its transfer above ground and underground, shall be centrally located on the property to the greatest extent feasible and shall conform generally to the layout shown on the drawing submitted with the application. 13. A natural colored chain link fence or similar security device shall be placed around the facility at least seven (7) feet in height and will feature 3 strands of barbed wire along the top and prominent No Trespassing signs. 14. There shall only be one (1) permanent detached sign for project identification purposes (exclusive of directional signs) which shall be a ground-mounted monument type sign with landscaping. Any lighting of the sign shall be from above and shielded away from adjacent properties. 15. Fencing and all structures shall have a minimum setback of 100 feet from all property lines. 16. Existing trees along the northwestern property line and along the front of the property (as noted on the site layout submitted with the application) shall be maintained as a buffer for the life of the station. East of the station access road and east of the existing Transco lines there shall be trees planted and maintained after construction to provide a buffer and block visibility from the highway and adjacent properties. 16

17 17. Main Buildings and structures above the tree height, with exception of the microwave tower, shall be a neutral earth tone color (example: muted browns, greens, grays). 18. Silencers shall be used during blowdowns. 19. The Virginia Department of Transportation shall approve access to the proposed facility and the applicant will provide all required improvements. 20. A traffic management plan shall be submitted as part of the overall site development plan. Review and approval by VDOT of the traffic management plan will ensure that temporary construction entrances and access roads are provided appropriately; that wide load deliveries are scheduled during appropriate times, and that access routes to and from the site are planned to minimize conflicts. 21. All necessary permits shall be acquired from all applicable regulatory bodies of the state and federal government and copies of such permits shall be provided to the County upon request. The applicant shall maintain periodic reports as required by permits and these reports shall be provided to the County upon request. 22. This facility shall utilize Best Available Control Technology (BACT) in accordance with the most current DEQ air permit; to include but not be limited to Selective Catalytic Reduction (SCR) for the reduction of Nitrogen Oxides (NOx) emissions and Oxidation Catalyst (OC) for the reduction of Carbon Monoxide (CO) and Volatile Organic Compounds (VOCs) emissions. 23. Prior to construction, the applicant must demonstrate that all wetland requirements applicable to the facility, if any, have been achieved to the satisfaction of the U. S. Army Corps of Engineers. 24. At such time as the facility is granted abandonment authorization by the Federal Energy Regulatory Commission, the applicant or its assignee shall remove all personal property, fixtures, buildings and other structures, and leave the site in a reasonably comparable condition to that which existed prior to construction of the facility; provided that the applicant or its assignee at its option may, except for any underground fuel storage tanks, abandon any below ground utility infrastructure facilities, foundations and pavings in place. 25. The applicant shall operate in accordance with all permits, laws, rules and regulations of Federal, State and local law, including this special use permit. If a violation of any state or federal permit applicable to the facility is reported to the local government by the applicable regulatory agency, the Board of Supervisors, and/or the County Administrator, may request the applicant to provide, at the applicant s sole expense, the services of an appropriate firm to review the nature of the violation if any, and the remedy, if any. This firm shall be selected by and report solely to the county. 26. Any non-compliance of this permit s conditions could lead to a stop order and discontinuation of the special use permit, upon proper action of the Board of Supervisors, unless the non-compliance is cured within 30 days of the date applicant is first notified. If such a cure cannot reasonably be accomplished within such 30 day period, Applicant shall have additional time beyond that 30 day 17

18 period provided that Applicant has commenced such cure within such 30 day period and thereafter diligently prosecutes such cure to completion within a reasonable period of time. 27. Upon start-up a report will be prepared and provided to the County showing operational factors associated with the compressor station that includes the name(s) and contact information for onsite supervisors, and verification of current, valid state and federal licenses and permits. The County will be promptly notified of any changes, normally within thirty business days. 28. Any complaints or inquiries by the Board of Supervisors, County Administrator, or Zoning Administrator will be responded to promptly. In the event the applicant is notified of any violation of applicable federal, state, or local laws, regulations, or permit conditions applicable to the facility, the applicant shall notify the Zoning Administrator in writing within two business days of receiving such notice and within 10 days fully inform the Zoning Administrator of the current steps being taken to correct and/or remediate the violation. Authorized county personnel or their authorized agents will be permitted to inspect the facility, with 24 hours prior notice and in accordance with Applicant s safety procedures, to ensure that all physical structures and plant operations comply with local regulations. 29. Nothing in this approval shall be deemed to obligate the County to acquire any interest in property, to construct, maintain or operate any facility or to grant any permits or approvals except as may be directly related hereto, i.e. microwave tower. 30. The applicant shall certify to the County annually that it is in compliance with all conditions of this special use permit. 31. In the event that any one or more of the conditions is declared void for any reason whatever; such decision shall not affect the remaining portion of the permit, which shall remain in full force and effect, and for this purpose the provisions of this are hereby declared to be severable. 32. A minimum of one employee, contractor or third party security personnel shall be onsite 24/7 for the first year of operation. 33. Shut off valves shall be installed on both the inflow and outflow lines of the compressor station as well as at the connection with Transco. These valves shall be designed to operate automatically, remotely and manually. 34. The monitoring system and valves must be programmed to alarm and call out personnel to investigate and manually monitor the station when monitoring communications are lost. 35. A back-up system for monitoring communications and emergency notification must be installed. 36. A fire break shall be created and maintained between the facility and adjacent properties, with the exception of the border of Route 56 and the existing Transco right-of-way. The break, which may be located in any required setback, shall consist of 50 feet of grass or gravel and shall be clear of trees and shrubs, where feasible, so as to not impact visual screening and noise attenuation, or conflict with Conditions 16 and

19 37. Air quality studies, required by the Virginia Department of Environmental Quality and the Federal Energy Regulatory Commission, will be conducted to demonstrate compliance with the federal National Ambient Air Quality Standards (NAAQS) in the area potentially impacted by the compressor station. The air quality studies will be conducted by a third party company and a report will be submitted to the County at least 60 days prior to the start of construction. 38. Initial NOX, PM10, PM2.5, VOC, and CO stack testing will be completed within 180 days of first turbine startup to determine emission rates to demonstrate compliance with applicable Virginia Department of Environmental Quality and federal Environmental Protection Agency regulatory requirements. Additionally, periodic NOX stack emissions testing will be conducted to demonstrate compliance with 40 CFR Part 60 Subpart KKKK emissions limits. All emissions tests will be conducted by a third party company and all data and reports will be submitted to the County within 60 days of completing the test. 39. Any physical structures must be designed and located within the property, such that, should all or a portion of the structure(s) collapse, the structure(s) will fall completely within the subject property lines. 40. Applicant will develop, in consultation with the County, a Crisis Response Plan that will incorporate appropriate notifications with the Buckingham County Dispatch office so that if a gas leak, fire or other eminent danger occurs, the Buckingham Dispatch is promptly notified of the incident. Thereafter, the Buckingham Dispatch office will be contacted with further details for dissemination in the code red alert system. Applicant will also coordinate an emergency simulation with Buckingham County Emergency responders to practice the Crisis Response Plan within the first year of operation. Applicant will also implement a prior notification process with the County relative to planned blowdown events. Morgan Dunnavant s edits and or comments. 1. The compression of natural gas will occur through natural gas fueled turbines with no greater than a combined 55,000 ISO horsepower rating and no turbine shall have an ISO horsepower rating greater than 22,000. An increase in horsepower will require new permitting. 2. The only use of the property shall be compression, measurement and regulation of natural gas and its transfer above ground and underground, except that a Microwave Tower shall be permitted provided a separate SUP is approved by the Board. No other non A-1 use shall be made of the property. 3. There shall be no abatement of local property taxes in association of this request. 4. During normal operating hours, the applicant is responsible for providing the first response to any emergency in relation to the compressor station. And reimburse coordinate with the County for training needs of county volunteer first responders, to safeguard the public from any event that 19

20 occurs from this compressor station. The applicant shall prepare, at its own cost, an Emergency Preparedness Plan, in accordance with the U.S. Department of Transportation, Pipeline and Hazardous Materials Safety Administration regulations, to be submitted to the County for review and comment prior to implementation of operations. 5. During construction, activities that produce noise between the hours of 10:00 p. m. and 6:00 a. m. shall not exceed a noise level of 60 dba (decibels) at the property line, without prior notification to the County. 6. Noise attenuation measures will be implemented making all reasonable efforts such that noise levels attributable to normal plant operations and during planned blowdown events will be kept to an L90 reading of 55 dba (decibels) or less at the property lines with the exception that the front property line (along Route 56, S. James River Hwy) may have a dba of 60. If testing by a qualified noise consultant shows an exceedance of these levels Dominion will consult with Buckingham County regarding the reasons for the exceedances and reasonably available noise mitigation measures. Also, noise levels attributable to normal plant operations will be less than 55 dba at any adjacent existing building that is not on the subject property. 7. During construction dust shall be controlled with water or water and calcium chloride. 8. Exterior lighting will be directed downward and inward to the extent feasible in order to prevent any glare on adjacent properties. In addition, the facility will be designed to enable exterior lighting for work areas of the station to be switched off while not in use. Any lighting for surveillance will be at minimum foot-candles for visibility and shall be pointed in a down direction. 9. Site lighting shall not exceed 5 foot-candles in exterior working areas and 2 foot- candles in parking and non-working areas. All lighting will be shielded to prevent light pollution as provided in condition Light trespass shall be limited to and should not exceed 0.5 foot-candles at the property line. All exterior luminaries shall utilize full cut-off optics. 11. All driveways, parking areas, and access roads shall be maintained in a manner that will keep dust to a minimum so as not to adversely impact adjacent properties. Driveways and parking areas will have asphalt surface or better, exception may be applied if not feasible and dust can be controlled otherwise. 12. The compression station and accessory facilities, used for the compression, measurement and regulation of natural gas and its transfer above ground and underground, shall be centrally located on the property to the greatest extent feasible and shall conform generally to the layout shown on the drawing submitted with the application. 13. A natural colored chain link fence or similar security device shall be placed around the facility at least seven (7) feet in height and will feature 3 strands of barbed wire along the top and prominent No Trespassing signs. 20

21 14. There shall only be one sign but no more than one (1) permanent detached sign for project identification purposes (exclusive of directional signs) which shall be a ground-mounted monument type sign with landscaping. Any lighting of the sign shall be from above and shielded away from adjacent properties. 15. Fencing and all structures shall have a minimum setback of 100 feet from all property lines. 16. Existing trees along the northwestern property line and along the front of the property (as noted on the site layout submitted with the application) shall be maintained as a buffer for the life of the station. East of the station access road and east of the existing Transco lines there shall be trees planted and maintained after construction to provide a buffer and block visibility from the highway and adjacent properties. 17. Main Buildings and structures above the tree height, with exception of the microwave tower, shall be a neutral earth tone color (example: muted browns, greens, grays). 18. Silencers shall be used during blowdowns and noise levels shall be maintained as outlined in condition The Virginia Department of Transportation shall approve access to the proposed facility and the applicant will provide all required improvements. 20. A traffic management plan shall be submitted as part of the overall site development plan. Review and approval by VDOT of the traffic management plan will ensure that temporary construction entrances and access roads are provided appropriately; that wide load deliveries are scheduled during appropriate times, and that access routes to and from the site are planned to minimize conflicts. 21. All necessary permits shall be acquired from all applicable regulatory bodies of the state and federal government and copies of such permits shall be provided to the County upon request. The applicant shall maintain periodic reports as required by permits and these reports shall be provided to the County upon request. 22. This facility shall utilize Best Available Control Technology (BACT) in accordance with the most current DEQ air permit; to include but not be limited to Selective Catalytic Reduction (SCR) for the reduction of Nitrogen Oxides (NOx) emissions and Oxidation Catalyst (OC) for the reduction of Carbon Monoxide (CO) and Volatile Organic Compounds (VOCs) emissions. As regulations require and BACT improves, the new technology shall be incorporated into this facility. 23. Prior to construction, the applicant must demonstrate that all wetland requirements applicable to the facility, if any, have been achieved to the satisfaction of the U. S. Army Corps of Engineers. 24. At such time as the facility is granted abandonment authorization by the Federal Energy Regulatory Commission, the applicant or its assignee shall remove all personal property, fixtures, buildings and other structures, and leave the site in a reasonably comparable condition to that which existed prior to construction of the facility; provided that the applicant or its assignee at its option may, 21

22 except for any underground fuel storage tanks, abandon any below ground utility infrastructure facilities, foundations and pavings in place. 25. The applicant shall operate in accordance with all permits, laws, rules and regulations of Federal, State and local law, including this special use permit. Where there are differences in regulations and requirements the stricter shall apply. If a violation of any state or federal permit applicable to the facility is reported to the local government by the applicable regulatory agency, the Board of Supervisors, and/or the County Administrator, may request the applicant to provide, at the applicant s sole expense, the services of an appropriate firm to review the nature of the violation if any, and the remedy, if any. This firm shall be selected by and report solely to the county. 26. Any non-compliance of this permit s conditions could lead to a stop order and discontinuation of the special use permit, upon proper action of the Board of Supervisors, unless the non-compliance is cured within 30 days of the date applicant is first notified. If such a cure cannot reasonably be accomplished within such 30 day period, Applicant shall have additional time beyond that 30 day period provided that Applicant has commenced such cure within such 30 day period and thereafter diligently prosecutes such cure to completion within a reasonable period of time. 27. Upon start-up a report will be prepared and provided to the County showing operational factors associated with the compressor station that includes the name(s) and contact information for onsite supervisors, and verification of current, valid state and federal licenses and permits. The County will be promptly notified of any changes, normally within thirty business days. 28. Any complaints or inquiries by the Board of Supervisors, County Administrator, or Zoning Administrator will be responded to promptly. In the event the applicant is notified of any violation of applicable federal, state, or local laws, regulations, or permit conditions applicable to the facility, the applicant shall notify the Zoning Administrator in writing within two business days of receiving such notice and within 10 days fully inform the Zoning Administrator of the current steps being taken to correct and/or remediate the violation. Authorized county personnel or their authorized agents will be permitted to inspect the facility, with 24 hours prior notice and in accordance with Applicant s safety procedures, to ensure that all physical structures and plant operations comply with local regulations. 29. Nothing in this approval shall be deemed to obligate the County to acquire any interest in property, to construct, maintain or operate any facility or to grant any permits or approvals except as may be directly related hereto, i.e. microwave tower. 30. The applicant shall certify to the County annually that it is in compliance with all conditions of this special use permit. 31. In the event that any one or more of the conditions is declared void for any reason whatever; such decision shall not affect the remaining portion of the permit, which shall remain in full force and effect, and for this purpose the provisions of this are hereby declared to be severable. 32. A minimum of one employee, contractor or third party security personnel shall be onsite 24/7 for the first year of operation. 22

23 33. Shut off valves shall be installed on both the inflow and outflow lines of the compressor station as well as at the connection with Transco. These valves shall be designed to operate automatically, remotely and manually. 34. The monitoring system and valves must be programmed to alarm and call out personnel to investigate and manually monitor the station when monitoring communications are lost. 35. A back-up system for monitoring communications and emergency notification must be installed. 36. A fire break shall be created and maintained between the facility and adjacent properties, with the exception of the border of Route 56 and the existing Transco right-of-way. The break, which may be located in any required setback, shall consist of 50 feet of grass, grown in a manner to be utilized as a fire line for back burning, or gravel and shall be clear of trees and shrubs, where feasible, so as to not impact visual screening and noise attenuation, or conflict with Conditions 16 and Air quality studies, required by the Virginia Department of Environmental Quality and the Federal Energy Regulatory Commission, will be conducted to demonstrate compliance with the federal National Ambient Air Quality Standards (NAAQS) in the area potentially impacted by the compressor station. The air quality studies will be conducted by a third party company and a report will be submitted to the County at least 60 days prior to the start of construction. 38. Initial NOX, PM10, PM2.5, VOC, and CO stack testing will be completed within 180 days of first turbine startup to determine emission rates to demonstrate compliance with applicable Virginia Department of Environmental Quality and federal Environmental Protection Agency regulatory requirements. Additionally, periodic NOX stack emissions testing will be conducted to demonstrate compliance with 40 CFR Part 60 Subpart KKKK emissions limits. All emissions tests will be conducted by a third party company and all data and reports will be submitted to the County within 60 days of completing the test. 39. Any physical structures must be designed and located within the property, such that, should all or a portion of the structure(s) collapse, the structure(s) will fall completely within the subject property lines. 40. Applicant will develop, in consultation with the County, a Crisis Response Plan that will incorporate appropriate notifications with the Buckingham County Dispatch office so that if a gas leak, fire or other eminent danger occurs, the Buckingham Dispatch is promptly notified of the incident. Thereafter, the Buckingham Dispatch office will be contacted with further details for dissemination in the code red alert system. Applicant will also coordinate an emergency simulation with Buckingham County Emergency responders to practice the Crisis Response Plan within the first year of operation. Applicant will also implement a prior notification process with the County relative to planned blowdown events Any material changes as submitted in the application shall be resubmitted to the County for County approval. 23