MANAGEMENT PLAN. Dual-use projects must be
conducted according to a management plan that ensures the continued
agricultural viability and productivity of the farmland in dual-use.
A. DRAFT MANAGEMENT PLAN. Applicants who plan
to engage in dual-use activities must submit a draft management plan to DACF
for review with their permit application.
(1)
The draft management plan must be agreed to by all participating parties,
including the solar developer, the farmer, and the landowner (if the landowner
is different from either the solar developer or the farmer).
(2) DACF will review the plan as part of the
permit application and, if applicable, provide the applicant with a summary of
revisions required for the final management plan to be
approved.
B. FINAL
MANAGEMENT PLAN. If the permit application is approved, the permittee must
submit a final management plan to DACF for review prior to beginning
construction. The permittee must not start construction without DACF's approval
of the final management plan.
(1) The final
management plan must be agreed to by all participating parties, including the
solar developer, the farmer, and the landowner (if different from either the
solar developer or the farmer).
(2)
DACF will review the plan and respond to the applicant with a determination of
approval, approval with conditions, or denial. If the final management plan is
denied, DACF will either provide the applicant with a summary of revisions
required for the final management plan to be approved or will provide the
applicant with an explanation of why it was denied.
(3) If the final management plan is denied,
the solar energy development may not start construction until either a revised
management plan is submitted and approved, or the permit is amended to remove
references to dual-use. If the permit is amended to remove references to
dual-use, additional compensation may be owed
(4) If a final management plan is approved
with conditions, DACF may withdraw management plan approval if DACF finds that
the conditions are not being met.
C. ANNUAL UPDATE REQUIREMENTS.
(1) SUBMITTAL TIME FRAME. After the solar
energy development becomes operational, the management plan must be updated and
submitted to DACF annually on the anniversary of the date the solar energy
development became operational. If DACF does not receive the annual management
plan update by this date, it will notify the permittee that management plan
approval may be withdrawn.
(2)
REQUIRED CONTENTS. The annual management plan update shall include, at a
minimum, the following:
Data on, and descriptions of, the successes or shortcomings
of the dual-use project.
If applicable, an explanation of decreased yields due to
unforeseen circumstances, such as but not limited to weather events, pests,
disease, or change in crop.
Revised methods, if needed, to improve agricultural
productivity.
Volume, weight, or other standardized unit of measure of
agricultural products produced, if applicable.
(3) WITHDRAWAL OF MANAGEMENT PLAN APPROVAL.
DACF may withdraw management plan approval for any of the circumstances in
subsections (a) through (d) below. DACF will notify the permittee that
management plan approval may be withdrawn, after which the permittee has thirty
(30) calendar days to submit the annual management plan update or request an
extension. If management plan approval is withdrawn, the permittee may submit a
revised annual management plan update to DACF for review if they plan to
continue agricultural activities. If the permittee no longer plans to pursue
agricultural activities, the permit must be amended to remove references to
dual-use.
DACF does not receive the annual management plan update or a
request for an extension within thirty (30) calendar days after DACF notified
the permittee that management plan approval may be withdrawn.
The annual management plan update does not contain all of the
applicable required contents.
DACF determines that the permittee is not making a goodfaith
effort to incorporate the farmer on decisions that directly or indirectly
affect the success of a dual-use project. Dual-use activities are being
conducted on a smaller percentage of the dual-use land area than what was
proposed in the initial application without a reasonable explanation for the
reduction of dual-use activities.
If the permittee submits a revised management plan update for
review to DACF as a result of sub-sections (b) through (d) above, but DACF
determines the plan does not adequately address the concerns DACF raised during
the notification to withdraw management plan approval, then management plan
approval will be withdrawn.
(4) ADDITIONAL COMPENSATION OWED. The
permittee may owe additional compensation if a change in dual-use agricultural
activities results in the solar energy development being moved to a higher
compensation tier. This may occur due to either of the following circumstances:
The permittee notifies DACF that they no longer plan to
continue agricultural activities.
DACF withdraws management plan approval.
Additional compensation would be pro-rated based on the
number of years that dual-use activities were conducted and is calculated using
the following formulas:
Formula 1: Pro-rated Multiplier Formula
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Formula 2: Pro-rated Additional Compensation Fee
Formula
Original tier comp. fee: The
original tier compensation fee is the compensation fee that was calculated to
incorporate dual-use activities and paid as part of the original permit
application.
Revised tier comp. fee: The revised
tier compensation fee is the compensation fee that is calculated without
incorporating dual-use activities.
Pro-rated additional compensation
fee: The additional compensation fee that would be owed to DEP
under the conditions described in this subsection.
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