2018-01-09-Special Projects Committee Meeting

2018-01-09-Special Projects Committee Meeting

Document Date: January 9, 2018 Document: 2018-01-09-Special_Projects_Committee_Meeting.pdf

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Crane-Snead & Associates, Inc.

TOBACCO REGION REVITALIZATION COMMISSION

701 East Franklin Street, Suite 501

    Richmond, Virginia  23219

Special Projects Committee Meeting

    Tuesday, January 9, 2018

           9:30 a.m.

       The Homewood Suites

       Richmond, Virginia

 CRANE-SNEAD & ASSOCIATES, INC.

 4914 Fitzhugh Avenue, Suite 203

    Henrico, Virginia  23230

      Tel. No. 804-355-4335

TOBACCO REGION REVITALIZATION COMMISSION 701 East Franklin Street, Suite 501

Richmond, Virginia 23219

Special Projects Committee Meeting Tuesday, January 9, 2018

9:30 a.m.

The Homewood Suites

Richmond, Virginia

CRANE-SNEAD & ASSOCIATES, INC. 4914 Fitzhugh Avenue, Suite 203 Henrico, Virginia 23230

Tel. No. 804-355-4335

Crane-Snead & Associates, Inc.

1 APPEARANCES:

3 The Honorable Daniel W. Marshall, III, Chairman

4 The Honorable Charles W. Carrico, Sr., Vice Chairman

5 The Honorable Kathy J. Byron

6 Mr. John R. Cannon

7 Ms. Mary Rae Carter

8 The Honorable A. Benton Chafin, Jr.

9 The Honorable Terry Kilgore

10 Mr. Robert Mills

11 The Honorable Edward Owens

12 Mr. Robert Spiers

14 COMISSION STAFF:

15 Mr. Evan Feinman, Executive Director

16 Mr. Christopher E. Piper, Deputy Executive Director

17 Mr. Timothy S. Pfohl, Grants Director

18 Ms. Stephanie S. Kim, Director of Finance

19 Ms. Sarah K. Capps, Grants Program Administrator,

20 Southside Virginia

21 Ms. Michele Faircloth, Grants Assistant, Southside

22 Virginia

23 Ms. Sara G. Williams, Grants Program Administrator,

24 Southwest Virginia

25 Ms. Jessica Stamper, Grants Assistant Southwest Virginia

APPEARANCES:

The Honorable Daniel W. Marshall, ITI, Chairman

The Honorable Charles W. Carrico, Sr., Vice Chairman The Honorable Kathy J. Byron

Mr. John R. Cannon

Ms. Mary Rae Carter

The Honorable A. Benton Chafin, Jr.

The Honorable Terry Kilgore

Mr. Robert Mills

The Honorable Edward Owens

Mr. Robert Spiers

COMISSION STAFF:

Mr. Evan Feinman, Executive Director

Mr. Christopher E. Piper, Deputy Executive Director Mr. Timothy $. Pfohl, Grants Director

Ms. Stephanie S. Kim, Director of Finance

Ms. Sarah K. Capps, Grants Program Administrator, Southside Virginia

Ms. Michele Faircloth, Grants Assistant, Southside Virginia

Ms. Sara G. Williams, Grants Program Administrator, Southwest Virginia

Ms. Jessica Stamper, Grants Assistant Southwest Virginia

Crane-Snead & Associates, Inc.

1 COMMISSION STAFF (Continued):

2 Ms. Stacey Richardson, Administrative Supervisor

4 COUNSEL FOR THE COMMISSION:

5 Ms. Elizabeth B. Myers, Assistant Attorney General

6 Richmond, Virginia 23219

COMMISSION STAFF (Continued) :

Ms. Stacey Richardson, Administrative Supervisor

COUNSEL FOR THE COMMISSION:

Ms. Elizabeth B. Myers, Assistant Attorney General

Richmond, Virginia 23219

Crane-Snead & Associates, Inc.

1 January 9, 2018

3 DELEGATE MARSHALL: So good morning and

4 welcome to special projects.

5 Evan, would you call the roll, please?

6 MR. FEINMAN: Yes, sir, Mr. Chairman.

7 Delegate Byron.

8 DELEGATE BYRON: Here.

9 MR. FEINMAN: Senator Carrico.

10 SENATOR CARRICO: Here.

11 MR. FEINMAN: Senator Chafin.

12 SENATOR CHAFIN: Here.

13 MR. FEINMAN: Ms. Carter.

14 MS. CARTER: Here.

15 MR. FEINMAN: Delegate Marshall.

16 DELEGATE MARSHALL: Here.

17 MR. FEINMAN: Mr. Mills.

18 MR. MILLS: Here.

19 MR. FEINMAN: Mr. Owens.

20 MR. OWENS: Here.

21 MR. FEINMAN: Mr. Spiers.

22 MR. SPIERS: Here.

23 MR. FEINMAN: This is an unusual meeting.

24 You have perfect attendance as well, Mr. Chairman.

25 DELEGATE MARSHALL: How about that. So

January 9,

2018

DELEGATE MARSHALL: So good morning and

welcome to special projects.

Evan, would you call the roll, please? MR. FEINMAN: Yes, sir, Mr. Chairman. Delegate Byron.

DELEGATE BYRON: Here.

MR. FEINMAN: Senator Carrico. SENATOR CARRICO: Here.

MR. FEINMAN: Senator Chafin. SENATOR CHAFIN: Here.

MR. FEINMAN: Ms. Carter.

MS. CARTER: Here.

MR. FEINMAN: Delegate Marshall. DELEGATE MARSHALL: Here.

MR. FEINMAN: Mr. Mills.

MR. MILLS: Here.

MR. FEINMAN: Mr. Owens.

MR. OWENS: Here.

MR. FEINMAN: Mr. Spiers.

MR. SPIERS: Here.

MR. FEINMAN: This is an unusual meeting.

You have perfect attendance as well, Mr. Chairman.

DELEGATE MARSHALL: How about that. So

Crane-Snead & Associates, Inc.

1 let’s go to the approval of the September the 8th

2 minutes for approval.

3 MR. MILLS: Second.

4 DELEGATE MARSHALL: We have a motion of

5 second to approve the minutes of September the 8th. All

6 those in favor say aye (ayes).

7 All right. Tim, you want to talk to us

8 about the two mega site grants.

9 MR. PFOHL: Yes, sir, Mr. Chairperson and

10 members of the committee, there’s a spreadsheet that’s

11 about two-point font. I hope that you can read it.

12 It’s intended – it’s a list of all of the active mega

13 site grants just to give you a very quick update on what

14 the grantees are all working on at the various mega

15 sites across the tobacco region. There are four

16 actually that expire this week and require further

17 extensions. Three of them with the Blue Ridge

18 Crossroads Economic Development Authority, grants 2266,

19 2487, and 2818, for the Wildwood Commerce Park to build

20 out utilities there. And that work is underway and

21 they’re going to need extensions so they can continue

22 that ongoing work.

23 The fourth one is a three-month extension

24 for grant 2821 with Martinsville Henry County Economic

25 Development Corporation for Commonwealth Crossing.

let’s go to the approval of the September the 8th minutes for approval.

MR. MILLS: Second.

DELEGATE MARSHALL: We have a motion of second to approve the minutes of September the 8th. All those in favor say aye (ayes).

All right. Tim, you want to talk to us about the two mega site grants.

MR. PFOHL: Yes, sir, Mr. Chairperson and members of the committee, there’s a spreadsheet that’s about two-point font. I hope that you can read it.

It’s intended – it’s a list of all of the active mega site grants just to give you a very quick update on what the grantees are all working on at the various mega sites across the tobacco region. There are four actually that expire this week and require further extensions. Three of them with the Blue Ridge Crossroads Economic Development Authority, grants 2266, 2487, and 2818, for the Wildwood Commerce Park to build out utilities there. And that work is underway and they’re going to need extensions so they can continue that ongoing work.

The fourth one is a three-month extension for grant 2821 with Martinsville Henry County Economic

Development Corporation for Commonwealth Crossing.

Crane-Snead & Associates, Inc.

1 They’re in the final stages of the work with that grant

2 and just ask for a three-month extension through the end

3 of March. The others are asking for one-year extensions

4 and so that’s what we would ask you to consider

5 approving today.

6 DELEGATE MARSHALL: All right. So does any

7 committee member have any questions of Tim about the

8 extensions that’s been requested. Do I have a motion?

9 MR. MILLS: I move we accept staff

10 recommendations on extensions on these projects.

11 DELEGATE MARSHALL: And how about a second?

12 MR. OWENS: Second.

13 DELEGATE MARSHALL: All right. We have a

14 motion and a second to extend those four applications.

15 All those in favor say you (Ayes). Opposed? (No

16 response). All right. We’ll try to run through this so

17 we can give additional time for the mega site grant –

18 excuse me, the new mega site grant request.

19 So Tim, you want to walk us through this.

20 MR. PFOHL: Yes, sir. This is the request

21 from the Russell County IDA for a project reclaim, a

22 request for $2.9 million, grant application No. 3397.

23 The request was received in December for the

24 development of the 232 acre industrial site in Russell

25 County near Carbo and Cleveland. It’s a rail-served

They’re in the final stages of the work with that grant and just ask for a three-month extension through the end of March. The others are asking for one-year extensions and so that’s what we would ask you to consider approving today.

DELEGATE MARSHALL: All right. So does any committee member have any questions of Tim about the extensions that’s been requested. Do I have a motion?

MR. MILLS: I move we accept staff recommendations on extensions on these projects.

DELEGATE MARSHALL: And how about a second?

MR. OWENS: Second.

DELEGATE MARSHALL: All right. We have a motion and a second to extend those four applications. All those in favor say you (Ayes). Opposed? (No response). All right. We’ll try to run through this so we can give additional time for the mega site grant – excuse me, the new mega site grant request.

So Tim, you want to walk us through this.

MR. PFOHL: Yes, sir. This is the request from the Russell County IDA for a project reclaim, a request for $2.9 million, grant application No. 3397.

The request was received in December for the development of the 232 acre industrial site in Russell

County near Carbo and Cleveland. It’s a rail-served

Crane-Snead & Associates, Inc.

1 location that has for decades served as a coal plant.

2 It’s no longer in use for that purpose. It would

3 potentially be the largest industrial site in southwest

4 Virginia and the only commission supported mega site in

5 the coal field region. All of the other mega sites in

6 southwest Virginia are along the I-81 corridor.

7 The project has received $3.2 million of

8 federal funds under the Abandoned Mine Reclamation

9 Funding Program. That would serve as a match. That

10 will cover the phase 1 cost of clearing the 67 acres

11 that comprise the phase 1. The commission is being

12 asked to assist with some phase 2 acquisition and

13 development costs, that includes some site work that

14 needs to be done on some adjoining acreage. The

15 application does not yet indicate that other potential

16 funders such as the Coal Field Economic Development

17 Authority, the Federal Economic Development

18 Administration, and others who could potentially be cost

19 sharing the phase 2 work with us.

20 We would note that the committee has

21 previously stated a policy that no new mega site

22 projects will be considered beyond the eight that have

23 received support through our program. And that position

24 was based primarily on the lengthy and costly multi-year

25 development timeline for Greenfield mega sites that

location that has for decades served as a coal plant. It’s no longer in use for that purpose. It would potentially be the largest industrial site in southwest Virginia and the only commission supported mega site in the coal field region. All of the other mega sites in southwest Virginia are along the I-81 corridor.

The project has received $3.2 million of federal funds under the Abandoned Mine Reclamation Funding Program. That would serve as a match. That will cover the phase 1 cost of clearing the 67 acres that comprise the phase 1. The commission is being asked to assist with some phase 2 acquisition and development costs, that includes some site work that needs to be done on some adjoining acreage. The application does not yet indicate that other potential funders such as the Coal Field Economic Development Authority, the Federal Economic Development Administration, and others who could potentially be cost sharing the phase 2 work with us.

We would note that the committee has previously stated a policy that no new mega site projects will be considered beyond the eight that have received support through our program. And that position was based primarily on the lengthy and costly multi-year

development timeline for Greenfield mega sites that

Crane-Snead & Associates, Inc.

1 we’ve been involved with. Staff notes that this

2 project, once reclaimed using the AML grant, will result

3 in the development of a utility- and rail-served graded

4 site that appears to be immediately marketable and fully

5 developed at the conclusion of this requested project.

6 However, additional time is needed for

7 staff and the committee to fully understand the scope of

8 the public-private ownership arrangement. It is

9 currently in private ownership and would reportedly be

10 transferred to the Russell County IDA and potential

11 funding availability from the other sources that I just

12 mentioned. It’s commission policy for staff to not make

13 funding recommendations for out-of-cycle requests,

14 however, given this unique opportunity we suggest the

15 project be tabled to allow further discussion of the

16 project details with the applicant.

17 DELEGATE MARSHALL: Senator Chafin, would

18 you like to add to anything to what Tim said?

19 SENATOR CHAFIN: Thank you, Mr. Chairman.

20 I have visited this site. In fact, I’ve spent hours at

21 the site and this is a – it presents a unique

22 opportunity for Coal Fields. I’m unaware of any other

23 site or any potential site in the Coal Fields that would

24 create over 200 acres of usable industrial land for

25 economic development. There’s over five – you’ll hear

we’ve been involved with. Staff notes that this project, once reclaimed using the AML grant, will result in the development of a utility- and rail-served graded site that appears to be immediately marketable and fully developed at the conclusion of this requested project.

However, additional time is needed for staff and the committee to fully understand the scope of the public-private ownership arrangement. It is currently in private ownership and would reportedly be transferred to the Russell County IDA and potential funding availability from the other sources that I just mentioned. It’s commission policy for staff to not make funding recommendations for out-of-cycle requests, however, given this unique opportunity we suggest the project be tabled to allow further discussion of the project details with the applicant.

DELEGATE MARSHALL: Senator Chafin, would you like to add to anything to what Tim said?

SENATOR CHAFIN: Thank you, Mr. Chairman. I have visited this site. In fact, I’ve spent hours at the site and this is a – it presents a unique opportunity for Coal Fields. I’m unaware of any other site or any potential site in the Coal Fields that would create over 200 acres of usable industrial land for

economic development. There’s over five – you’ll hear

Crane-Snead & Associates, Inc.

1 a presentation here, but it’s just a phenomenal site.

2 And, of course, it has for generations – there’s a good

3 story to tell about it because for generations the site

4 has been used for the coal mining processes: Cleaning

5 coal, preparing coal to be shipped. There’s over five

6 miles of railroad sitting at this sight. And there’s

7 69KV electricity there. There’s transformers there.

8 There’s – this thing could be put back into operation

9 just almost immediately once the reclamation process is

10 approved through DMME.

11 And this is a time critical, a very time

12 critical opportunity and the reason for that is because

13 these grants have been awarded – the 3.2 million has

14 been awarded and there’s going to be a transferring of

15 the permits that are out there, DMME permits. And as I

16 know, the commissioners would be aware, if you have to

17 go through the Army Corps of Engineers, if you have to

18 go through all these permitting processes again, we’re

19 talking about years of delay and probably you’re never

20 going to do a project like this over there. This

21 project is located among streams. There are a lot of

22 environmental issues that are smoothed over through the

23 DMME permits. So I hope the committee will listen to

24 the presentation and look at it.

25 DELEGATE MARSHALL: Mr. Chairman.

a presentation here, but it’s just a phenomenal site. And, of course, it has for generations – there’s a good story to tell about it because for generations the site has been used for the coal mining processes: Cleaning coal, preparing coal to be shipped. There’s over five miles of railroad sitting at this sight. And there’s 69KV electricity there. There’s transformers there. There’s – this thing could be put back into operation just almost immediately once the reclamation process is approved through DMME.

And this is a time critical, a very time critical opportunity and the reason for that is because these grants have been awarded – the 3.2 million has been awarded and there’s going to be a transferring of the permits that are out there, DMME permits. And as I know, the commissioners would be aware, if you have to go through the Army Corps of Engineers, if you have to go through all these permitting processes again, we’re talking about years of delay and probably you’re never going to do a project like this over there. This project is located among streams. There are a lot of environmental issues that are smoothed over through the DMME permits. So I hope the committee will listen to the presentation and look at it.

DELEGATE MARSHALL: Mr. Chairman.

Crane-Snead & Associates, Inc.

1 SENATOR CARRICO: Just to come off the back

2 of what Senator Chafin has said, I think the time

3 sensitivity of this is important and I know the region

4 and the fact that we have these mega sites off the

5 interstates. And this is one of those sites in

6 southwest Virginia where there’s no interstate but yet

7 we have an opportunity here to develop some property.

8 Now, I haven’t visited the site as it’s being discussed

9 right now. The state police gave me an opportunity back

10 in 1989 during the coal strikes to visit it. But I

11 haven’t visited it now as far as what it’s being used

12 for. I just think it’s an opportunity for us where we

13 have a situation where money is being made available to

14 us and be able to move forward on a real shot in the arm

15 economically for the region that’s been suffering so

16 much in the coal region right now.

17 DELEGATE MARSHALL: Okay. So who would

18 like to be the first in the batter’s box to speak for

19 this project.

20 Come forward, Senator Wampler.

21 SENATOR WAMPLER: Thank you, Mr. Chairman.

22 Mr. Chairman, members of the committee, Senator Carrico,

23 we invite you back under other circumstances. You would

24 be welcome on a wind chill tour, walking, or otherwise.

25 Mr. Chairman, members of the commission, my name is

SENATOR CARRICO: Just to come off the back of what Senator Chafin has said, I think the time sensitivity of this is important and I know the region and the fact that we have these mega sites off the interstates. And this is one of those sites in southwest Virginia where there’s no interstate but yet we have an opportunity here to develop some property. Now, I haven’t visited the site as it’s being discussed right now. The state police gave me an opportunity back in 1989 during the coal strikes to visit it. But I haven’t visited it now as far as what it’s being used for. I just think it’s an opportunity for us where we have a situation where money is being made available to us and be able to move forward on a real shot in the arm economically for the region that’s been suffering so much in the coal region right now.

DELEGATE MARSHALL: Okay. So who would like to be the first in the batter’s box to speak for this project.

Come forward, Senator Wampler.

SENATOR WAMPLER: Thank you, Mr. Chairman. Mr. Chairman, members of the committee, Senator Carrico, we invite you back under other circumstances. You would be welcome on a wind chill tour, walking, or otherwise.

Mr. Chairman, members of the commission, my name is

Crane-Snead & Associates, Inc.

1 William Wampler. I’m speaking to you today as a member

2 and owner of Russell County Reclamation, LLC. For

3 purposes of brevity, I have prepared my remarks. I will

4 try to read them as clearly and concisely as I can and

5 in the interest of time. So the 1723 acres that we

6 reference today is a former coal site that’s being

7 transformed into a 232 acre regional industrial park in

8 phases 1 and 2. We considered investing in four other

9 sites: One in Kentucky, one in Tennessee, and two in

10 Virginia. We ultimately chose to tackle this project

11 and make this capital investment at this site in the

12 coal fields of southwest Virginia. We expect permits to

13 be transferred by January 28 of this month. Work to

14 reclaim and repurpose phases 1 and 2 of this regional

15 industrial site will commence as soon as February 2018

16 with the caveat weather permitting.

17 Russell County Reclamation and the Russell

18 County IDA are partnering to develop this new regional

19 industrial park. I would also note that back in 1989

20 the general assembly first declared its southwest

21 regional industrial park in Russell County under the

22 Baliles administration. So in support of the Russell

23 County IDA’s application, Russell County Reclamation LLC

24 brings $3.2 million of a firm cash match from the U.S.

25 Office of Service Mining in their 2017 AML grant to

William Wampler. I’m speaking to you today as a member and owner of Russell County Reclamation, LLC. For purposes of brevity, I have prepared my remarks. I will try to read them as clearly and concisely as I can and in the interest of time. So the 1723 acres that we reference today is a former coal site that’s being transformed into a 232 acre regional industrial park in phases 1 and 2. We considered investing in four other sites: One in Kentucky, one in Tennessee, and two in Virginia. We ultimately chose to tackle this project and make this capital investment at this site in the coal fields of southwest Virginia. We expect permits to be transferred by January 28 of this month. Work to reclaim and repurpose phases 1 and 2 of this regional industrial site will commence as soon as February 2018 with the caveat weather permitting.

Russell County Reclamation and the Russell County IDA are partnering to develop this new regional industrial park. I would also note that back in 1989 the general assembly first declared its southwest regional industrial park in Russell County under the Baliles administration. So in support of the Russell County IDA’s application, Russell County Reclamation LLC brings $3.2 million of a firm cash match from the U.S.

Office of Service Mining in their 2017 AML grant to

Crane-Snead & Associates, Inc.

1 reclaim and repurpose this new site, the 67 acres, that

2 being phase 1. Once the Russell County IDA has site

3 control and reclamation is complete, it’s very

4 reasonable to expect additional state and federal

5 funding agencies to make investment in the development

6 of this new regional industrial site. Other regional,

7 state, and federal funding agencies that are queued up

8 and ready to receive applications include but are not

9 limited to the Virginia Coal Field Economic Development

10 Authority, the Appalachian Regional Commission, the

11 Appalachian Regional Commission power grant, the

12 community development block grants, and our friends at

13 the Economic Development Administration. I would also

14 note that the census track is eligible as a new market

15 tax credit census track. Russell County Reclamation

16 will also place at risk, and we are willing to place at

17 risk, $7 million of cash of our private capital towards

18 guaranteeing the performance and reclaiming of these 232

19 acres in balance of the site.

20 Russell County Reclamation has generated

21 four preliminary prospects for the site. We recently

22 referred one or our four prospects, an advance

23 manufacturer, to another tobacco commission funded site.

24 And it’s my understanding that an incentive package was

25 offered. Each of the other prospects have indicated

reclaim and repurpose this new site, the 67 acres, that being phase 1. Once the Russell County IDA has site control and reclamation is complete, it’s very reasonable to expect additional state and federal funding agencies to make investment in the development of this new regional industrial site. Other regional, state, and federal funding agencies that are queued up and ready to receive applications include but are not limited to the Virginia Coal Field Economic Development Authority, the Appalachian Regional Commission, the Appalachian Regional Commission power grant, the community development block grants, and our friends at the Economic Development Administration. I would also note that the census track is eligible as a new market tax credit census track. Russell County Reclamation will also place at risk, and we are willing to place at risk, $7 million of cash of our private capital towards guaranteeing the performance and reclaiming of these 232 acres in balance of the site.

Russell County Reclamation has generated four preliminary prospects for the site. We recently referred one or our four prospects, an advance manufacturer, to another tobacco commission funded site. And it’s my understanding that an incentive package was

offered. Each of the other prospects have indicated

Crane-Snead & Associates, Inc.

1 their interest in the site due to the existing rail

2 access and the large amount of acreage that’s available

3 for customized development on large scale.

4 It’s also reasonable to expect that Norfolk

5 Southern will provide assistance with marking this site

6 to prospects requiring access to the extensive rail. I

7 can tell you that Norfolk Southern is participating in

8 the design of the track. And I will quote to you what

9 they said: "We look forward to the redevelopment of

10 this site and we had believed that it has potential for

11 recruiting new industry to the area." We couldn’t have

12 much of a better partner helping us recruit this most

13 important site.

14 As has been mentioned, and I’ll roll over

15 this very quickly, the critical infrastructure that

16 exists today to support this regional industrial site

17 includes over 25,000 linear feet of directly adjacent

18 Norfolk Southern rail. A rail rotary dump, access to

19 69,000 kilovolts of electric transmission, electric

20 distribution lines, a silo capable of storing over

21 7500 cubic yards of material with conveyor belts in

22 place, public water, and 1.2 billion gallons of a

23 permitted redundant water supply, four access points,

24 two bridges, extensive road network, and others. This

25 will be the only such 180 plus industrial site served by

their interest in the site due to the existing rail access and the large amount of acreage that’s available for customized development on large scale.

It’s also reasonable to expect that Norfolk Southern will provide assistance with marking this site to prospects requiring access to the extensive rail. I can tell you that Norfolk Southern is participating in

the design of the track. And I will quote to you what

they sai “We look forward to the redevelopment of this site and we had believed that it has potential for recruiting new industry to the area.” We couldn’t have much of a better partner helping us recruit this most important site.

As has been mentioned, and I’ll roll over this very quickly, the critical infrastructure that exists today to support this regional industrial site includes over 25,000 linear feet of directly adjacent Norfolk Southern rail. A rail rotary dump, access to 69,000 kilovolts of electric transmission, electric distribution lines, a silo capable of storing over 7500 cubic yards of material with conveyor belts in place, public water, and 1.2 billion gallons of a permitted redundant water supply, four access points, two bridges, extensive road network, and others. This

will be the only such 180 plus industrial site served by

Crane-Snead & Associates, Inc.

1 existing rail from Wytheville to the Cumberland Gap some

2 three hours east to west and only one of five such sites

3 that the VEDP currently markets as available in all of

4 southern Virginia. The dollar value and/or ability to

5 ever construct this grandfathered infrastructure is

6 difficult to quantify yet it is very significant.

7 If ever an application was shovel ready,

8 Project Reclaim is and here’s why: It’s already

9 permitted and it’s already regulated and we’re ready to

10 go. At present and during a very short window of time,

11 all, all of the necessary permits and other concurrences

12 will allow the repurposing of these 232 acres as an

13 industrial site. To underscore the significance,

14 complexity, and timeliness of preserving all these

15 permits and regulatory permission, please consider what

16 is at stake by action that must be taken today. The

17 permit approvals from these regulatory agencies include

18 but are not limited to the Virginia Department of Mines,

19 Minerals, and Energy, the Department of Mine Land

20 Reclamation, the U.S. Office of Service Mining, the U.S.

21 Mine Safety Health Administration, U.S. Army Corps of

22 Engineers, the Virginia Department of Environmental

23 Quality, the Virginia Natural Resources Commission, and

24 others.

25 There are 14 permits that we already have

existing rail from Wytheville to the Cumberland Gap some three hours east to west and only one of five such sites that the VEDP currently markets as available in all of southern Virginia. The dollar value and/or ability to ever construct this grandfathered infrastructure is difficult to quantify yet it is very significant.

If ever an application was shovel ready, Project Reclaim is and here’s why: It’s already permitted and it’s already regulated and we’re ready to go. At present and during a very short window of time, all, all of the necessary permits and other concurrences will allow the repurposing of these 232 acres as an industrial site. To underscore the significance, complexity, and timeliness of preserving all these permits and regulatory permission, please consider what is at stake by action that must be taken today. The permit approvals from these regulatory agencies include but are not limited to the Virginia Department of Mines, Minerals, and Energy, the Department of Mine Land Reclamation, the U.S. Office of Service Mining, the U.S. Mine Safety Health Administration, U.S. Army Corps of Engineers, the Virginia Department of Environmental Quality, the Virginia Natural Resources Commission, and others.

There are 14 permits that we already have

Crane-Snead & Associates, Inc.

1 in place that will be transferred, and if we don’t take

2 action on them, those permits will go away and a new

3 stop clock starts and it will be five plus years and who

4 knows how many millions of dollars in legal fees and

5 engineering work to try and get those permits back in

6 place before we get started. This spreadsheet that

7 you-all just showed, everybody is painfully aware of how

8 many millions of dollars have been spent and paper that

9 has been expended just to get the permits ready to move

10 the first shovel. We’re shovel ready and we are ready

11 to go.

12 So I will try to say this in closing:

13 There are any number of other things I would say, I get

14 a little exercised about this, if we defer action the

15 site will be reclaimed, but the site will be reclaimed

16 with all of the critical infrastructure removed. And if

17 it’s ever to be repurposed as an industrial site, it

18 will be many, many years down the road and it will cost

19 millions and millions of dollars in paper to get those

20 permissions granted. We hope the Tobacco Commission

21 would be a partner with our local, our regional, and our

22 federal partners. Those are my comments and I would be

23 glad to entertain any questions.

24 DELEGATE MARSHALL: So a couple of

25 questions we’re going to have but one comment. First of

in place that will be transferred, and if we don’t take action on them, those permits will go away and a new stop clock starts and it will be five plus years and who knows how many millions of dollars in legal fees and engineering work to try and get those permits back in place before we get started. This spreadsheet that you-all just showed, everybody is painfully aware of how many millions of dollars have been spent and paper that has been expended just to get the permits ready to move the first shovel. We’re shovel ready and we are ready to go.

So I will try to say this in closing: There are any number of other things I would say, I get a little exercised about this, if we defer action the site will be reclaimed, but the site will be reclaimed with all of the critical infrastructure removed. And if it’s ever to be repurposed as an industrial site, it will be many, many years down the road and it will cost millions and millions of dollars in paper to get those permissions granted. We hope the Tobacco Commission would be a partner with our local, our regional, and our federal partners. Those are my comments and I would be glad to entertain any questions.

DELEGATE MARSHALL: So a couple of

questions we’re going to have but one comment. First of

Crane-Snead & Associates, Inc.

1 all, in my district over in Henry County, there’s

2 Commonwealth Crossing. They spent over $7 million

3 getting permits. They finally got those and I mean it

4 took them five years of blood, sweat, and tears to get

5 that so –

6 SENATOR WAMPLER: Mr. Chairman, may I

7 respond to that?

8 DELEGATE MARSHALL: Absolutely.

9 SENATOR WAMPLER: In my tour of duty in

10 Martinsville and Henry County, I went to Norfolk to

11 visit with the Army Corps of Engineers. And in the

12 first person, I can tell you how difficult it was to get

13 that permit for Commonwealth Crossing. We beat them at

14 their own game. And I would say with these permits that

15 are in existence today and ready to be transferred,

16 we’ve got the same deck with us.

17 DELEGATE MARSHALL: Okay. Delegate Byron.

18 DELEGATE BYRON: Just a quick question for

19 staff: Is there anything different that has been

20 expressed today since you made your recommendation?

21 MR. FEINMAN: Well, so the recommendation

22 we made was because of the, in part, because of the

23 short time frame on which we got this proposal. It is,

24 as a matter of policy, staff’s position that we don’t do

25 staff recommendations on out-of-cycle, last-minute

all, in my district over in Henry County, there’s Commonwealth Crossing. They spent over $7 million getting permits. They finally got those and I mean it took them five years of blood, sweat, and tears to get that so –

SENATOR WAMPLER: Mr. Chairman, may I respond to that?

DELEGATE MARSHALL: Absolutely.

SENATOR WAMPLER: In my tour of duty in Martinsville and Henry County, I went to Norfolk to visit with the Army Corps of Engineers. And in the first person, I can tell you how difficult it was to get that permit for Commonwealth Crossing. We beat them at their own game. And I would say with these permits that are in existence today and ready to be transferred, we’ve got the same deck with us.

DELEGATE MARSHALL: Okay. Delegate Byron.

DELEGATE BYRON: Just a quick question for staff: Is there anything different that has been expressed today since you made your recommendation?

MR. FEINMAN: Well, so the recommendation we made was because of the, in part, because of the short time frame on which we got this proposal. It is, as a matter of policy, staff’s position that we don’t do

staff recommendations on out-of-cycle, last-minute

Crane-Snead & Associates, Inc.

1 requests. You know, there was no special project

2 solicitation for new sites. This walked in the door

3 shortly before the holidays, and as a matter of policy,

4 and from frankly keeping Tim and his team from losing

5 their minds, we try not to let people walk in whenever

6 they like with any sort of project they like. And so

7 our policy at the staff level is we make no

8 recommendation on out-of-cycle requests to prevent a

9 deluge of out-of-cycle requests.

10 You know, that said, I believe everything

11 Senator Wampler said is true: It’s a good site; it’s

12 flat, which is rare in the coal fields; it’s got a lot

13 of acreage; it’s got all the utilities you’d want.

14 There needs to be very, very significant reclamation

15 work done on it. There’s lots of tracks on it that are

16 covered in what appears to be a fairly unpleasant

17 slurry. And the one caution that I would have is that

18 while it’s very good in almost every respect, the road

19 access is not what we have classically looked for in a

20 site.

21 SENATOR WAMPLER: Mr. Chairman, it’s no

22 more difficult than heading up Lover’s Leap behind an

23 18-wheeler, but I take the director’s comments at heart.

24 DELEGATE MARSHALL: All right. Do we have

25 further questions for Senator Wampler?

17 requests. You know, there was no special project solicitation for new sites. This walked in the door shortly before the holidays, and as a matter of policy, and from frankly keeping Tim and his team from losing their minds, we try not to let people walk in whenever they like with any sort of project they like. And so our policy at the staff level is we make no recommendation on out-of-cycle requests to prevent a deluge of out-of-cycle requests.

You know, that said, I believe everything Senator Wampler said is true: It’s a good site; it’s flat, which is rare in the coal fields; it’s got a lot of acreage; it’s got all the utilities you’d want. There needs to be very, very significant reclamation work done on it. There’s lots of tracks on it that are covered in what appears to be a fairly unpleasant slurry. And the one caution that I would have is that while it’s very good in almost every respect, the road access is not what we have classically looked for in a site.

SENATOR WAMPLER: Mr. Chairman, it’s no more difficult than heading up Lover’s Leap behind an 18-wheeler, but I take the director’s comments at heart.

DELEGATE MARSHALL: All right. Do we have

further questions for Senator Wampler?

Crane-Snead & Associates, Inc.

1 MR. SPIERS: Mr. Chairman, what is, if you

2 will, the drop dead date for the permits going away

3 versus staff looking at this a little bit more? In

4 other words, we have another committee meeting coming up

5 shortly, R&D committee meeting. What’s the drop dead

6 date on the permits going away?

7 SENATOR WAMPLER: Mr. Chairman, I would

8 respond by saying that the permits will be transferred

9 on the 28th of January and after that reclamation must

10 commence. And reclamation must commence one way or the

11 other by taking all the infrastructure out and basically

12 hydroseeding the property and returning it back to its

13 approximate original contour, or we start reclaiming it

14 with the repurpose and higher or better use, a post mine

15 use as an industrial site. It’s just about that simple.

16 That’s the window.

17 DELEGATE MARSHALL: All right. Further

18 questions for Senator Wampler?

19 SENATOR CARRICO: So Mr. Chairman, I’m

20 sensing the 28th is the critical date.

21 SENATOR WAMPLER: 28th of January is the

22 anticipated date of the permits. And we’ve had

23 publications and the only response that is outstanding

24 is a commercial general liability policy that’s just the

25 effective date of the transfer. So there are no

MR. SPIERS: Mr. Chairman, what is, if you will, the drop dead date for the permits going away versus staff looking at this a little bit more? In other words, we have another committee meeting coming up shortly, R&D committee meeting. What’s the drop dead date on the permits going away?

SENATOR WAMPLER: Mr. Chairman, I would respond by saying that the permits will be transferred on the 28th of January and after that reclamation must commence. And reclamation must commence one way or the other by taking all the infrastructure out and basically hydroseeding the property and returning it back to its approximate original contour, or we start reclaiming it with the repurpose and higher or better use, a post mine use as an industrial site. It’s just about that simple. That’s the window.

DELEGATE MARSHALL: All right. Further questions for Senator Wampler?

SENATOR CARRICO: So Mr. Chairman, I’m sensing the 28th is the critical date.

SENATOR WAMPLER: 28th of January is the anticipated date of the permits. And we’ve had publications and the only response that is outstanding is a commercial general liability policy that’s just the

effective date of the transfer. So there are no

Crane-Snead & Associates, Inc.

1 technical issues outstanding from the Virginia agency

2 that has primacy of regulation.

3 DELEGATE MARSHALL: Mr. Chairman, please.

4 SENATOR CARRICO: If there’s no other

5 questions, I’d just like to make –

6 DELEGATE MARSHALL: We do have a question.

7 SENATOR CARRICO: Okay.

8 DELEGATE MARSHALL: Ed.

9 MR. OWENS: Senator Wampler, how much is

10 the total development cost?

11 SENATOR WAMPLER: For phases 1 and 2 you

12 would have something close to 6.1 million in hard U.S.

13 dollars. We have already expended close to a million

14 dollars in soft cost in our due diligence. And as you

15 can imagine on the 1700 acre track, you know, we’re on

16 site today continuing due diligence, not on this bottom

17 track, that’s easy, that’s put to bed, but we are – so

18 phases 1 and 2, basically reclaim the property and do

19 some backfilling with material to level it up and, you

20 know, make it showable and marketable to the large scale

21 industries that we hope would take advantage of the

22 existing rail.

23 DELEGATE MARSHALL: Please.

24 MR. OWENS: Are you saying this is the only

25 mega site that we will have funded in southwest

technical issues outstanding from the Virginia agency that has primacy of regulation. DELEGATE MARSHALL: Mr. Chairman, please.

SENATOR CARRICO: If there’s no other

questions, I’d just like to make

DELEGATE MARSHALL: We do have a question.

SENATOR CARRICO: Okay.

DELEGATE MARSHALL: Ed.

MR. OWENS: Senator Wampler, how much is the total development cost?

SENATOR WAMPLER: For phases 1 and 2 you would have something close to 6.1 million in hard U.S. dollars. We have already expended close to a million dollars in soft cost in our due diligence. And as you can imagine on the 1700 acre track, you know, we’re on site today continuing due diligence, not on this bottom track, that’s easy, that’s put to bed, but we are – so phases 1 and 2, basically reclaim the property and do some backfilling with material to level it up and, you know, make it showable and marketable to the large scale industries that we hope would take advantage of the existing rail.

DELEGATE MARSHALL: Please.

MR. OWENS: Are you saying this is the only

mega site that we will have funded in southwest

Crane-Snead & Associates, Inc.

1 Virginia?

2 SENATOR CARRICO: In the coal fields.

3 Washington and Smyth has one. That’s still a good

4 distance from – and Wytheville has one and Carroll

5 has one.

6 MR. OWENS: Within three hours.

7 SENATOR CARRICO: Yes.

8 MR. OWENS: Do you have a rail agreement

9 already?

10 SENATOR WAMPLER: So the rail that bisects

11 the property, if you want to spend a couple of days

12 going through legal research on the conveyances to the

13 railroad, it takes a long time, but it’s there. Norfolk

14 Southern is excited about bringing it back to other than

15 an idle state because they’ll make revenue off of it if

16 they can find a large scale commercial user. Think of a

17 bulk commodity industry that would want to locate that

18 needs a large lay down yard for their material, that’s

19 who their primary market is, so they tell us. But they

20 would love to have trains running back on it.

21 DELEGATE MARSHALL: Any other further

22 questions?

23 Senator Carrico, you –

24 SENATOR CARRICO: Mr. Chairman, with the

25 time sensitivity of this and the fact that we’re looking

20 Virginia?

SENATOR CARRICO: In the coal fields. Washington and Smyth has one. That’s still a good distance from – and Wytheville has one and Carroll has one.

MR. OWENS: Within three hours.

SENATOR CARRICO: Yes.

MR. OWENS: Do you have a rail agreement already?

SENATOR WAMPLER: So the rail that bisects the property, if you want to spend a couple of days going through legal research on the conveyances to the railroad, it takes a long time, but it’s there. Norfolk Southern is excited about bringing it back to other than an idle state because they’ll make revenue off of it if they can find a large scale commercial user. Think of a bulk commodity industry that would want to locate that needs a large lay down yard for their material, that’s who their primary market is, so they tell us. But they would love to have trains running back on it.

DELEGATE MARSHALL: Any other further questions?

Senator Carrico, you –

SENATOR CARRICO: Mr. Chairman, with the

time sensitivity of this and the fact that we’re looking

Crane-Snead & Associates, Inc.

1 at a January 28th deadline date, I would make a motion

2 that we move forward on the grant request. I think it’s

3 3397 and move forward on the request at this time.

4 DELEGATE MARSHALL: Do we have a second?

5 MR. OWENS: Second.

6 DELEGATE MARSHALL: Okay. We have a motion

7 and a second.

8 DELEGATE BYRON: Mr. Chairman.

9 MR. FEINMAN: Mr. Chairman.

10 DELEGATE MARSHALL: Yes.

11 MR. FEINMAN: Just so I can clarify:

12 That’s to approve for $2,900,000? Is that the motion?

13 SENATOR CARRICO: Yes.

14 MR. FEINMAN: Okay. Just making sure.

15 DELEGATE MARSHALL: All right. Discussion

16 on the motion?

17 DELEGATE BYRON: My question is just: Is

18 there anything from staff that they feel a contingency

19 needs to be put on there because you didn’t look at

20 everything that you wanted to look at? Is there –

21 MR. FEINMAN: I hesitate – the policy is

22 staff doesn’t make recommendations when something walks

23 in the door out of cycle right before a meeting. And,

24 you know, I hesitate to deviate from that just because,

25 you know, I don’t want to give you incomplete

at a January 28th deadline date, I would make a motion that we move forward on the grant request. I think it’s 3397 and move forward on the request at this time.

DELEGATE MARSHALL: Do we have a second?

MR. OWENS: Second.

DELEGATE MARSHALL: Okay. We have a motion and a second.

DELEGATE BYRON: Mr. Chairman.

MR. FEINMAN: Mr. Chairman.

DELEGATE MARSHALL: Yes.

MR. FEINMAN: Just so I can clarify: That’s to approve for $2,900,000? Is that the motion?

SENATOR CARRICO: Yes.

MR. FEINMAN: Okay. Just making sure.

DELEGATE MARSHALL: All right. Discussion on the motion?

DELEGATE BYRON: My question is just: Is there anything from staff that they feel a contingency needs to be put on there because you didn’t look at everything that you wanted to look at? Is there –

MR. FEINMAN: I hesitate – the policy is staff doesn’t make recommendations when something walks in the door out of cycle right before a meeting. And, you know, I hesitate to deviate from that just because,

you know, I don’t want to give you incomplete

Crane-Snead & Associates, Inc.

1 information. Our best read of this site is that it has

2 significant environmental issues, but they know that

3 walking in. It’s well served by utilities and rails,

4 and the roadways, not nonstandard for southwest Virginia

5 but not on par with what we have at our other sites.

6 Those are the facts of the site as we understand them.

7 You know, you-all are at least as creative

8 as we are in terms of what contingencies we might put on

9 it. You know, certainly, if the site turns out not to

10 have been as it’s described to us, that kind of callback

11 already exists in our performance agreements. You know,

12 if there was some sort of fraud or something like that

13 but I think that’s unlikely.

14 DELEGATE MARSHALL: Further question?

15 DELEGATE BYRON: Further question for

16 William, I guess, I’m certainly not trying to harm our

17 project, I just want to make sure since we determined

18 that staff should look further at some of the issues we

19 have before us. You had the permits applied for so you

20 had these investments made. I’m not sure that I

21 understand the timeline, why we did just hear about it

22 now. How did you intend to pay for it if the Tobacco

23 Commission didn’t invest in this project?

24 SENATOR WAMPLER: So welcome to the world

25 of the coal industry. The permitting process is not

information. Our best read of this site is that it has significant environmental issues, but they know that walking in, It’s well served by utilities and rails, and the roadways, not nonstandard for southwest Virginia but not on par with what we have at our other sites. Those are the facts of the site as we understand them.

You know, you-all are at least as creative as we are in terms of what contingencies we might put on it. You know, certainly, if the site turns out not to have been as it’s described to us, that kind of callback already exists in our performance agreements. You know, if there was some sort of fraud or something like that but I think that’s unlikely.

DELEGATE MARSHALL: Further question?

DELEGATE BYRON: Further question for William, I guess, I’m certainly not trying to harm our project, I just want to make sure since we determined that staff should look further at some of the issues we have before us. You had the permits applied for so you had these investments made. I’m not sure that I understand the timeline, why we did just hear about it now. How did you intend to pay for it if the Tobacco Commission didn’t invest in this project?

SENATOR WAMPLER: So welcome to the world

of the coal industry. The permitting process is not

Crane-Snead & Associates, Inc.

1 easy. If you think your mega sites are difficult,

2 welcome to the 16 permits that underlie the operation of

3 this particular track. So in the due – again, the

4 promisee of this operation rests with a Virginia agency,

5 the Virginia Department of Mines, Minerals, and Energy,

6 and you would say that other permits flow from that.

7 The federal permits that lay on top of those simply

8 backstop how Virginia administers those federal

9 regulations. So one permit follows the other. And the

10 asset purchase agreement, the business transaction, will

11 take place. The key point I try to make, and I will

12 slow down to make it again and hopefully clearer, is

13 that our responsibility by law and by regulation is to

14 reclaim the site. That will happen, no question about

15 it. Will it be reclaimed with a higher and better use

16 of post mine use industrial property or will we just

17 remove all of the structure, remove all of the rail,

18 take down everything and hydroseed it and return it to

19 its approximate original contour.

20 That’s the financial incentive that the

21 Federal Government saw to create the first phase of 67

22 acres of an industrial site. That’s what we’re asking

23 the Tobacco Commission to consider making an investment

24 to add it, the second phase, the 165 acres, to make it a

25 total of 232 for its absolute higher and best use on the

easy. If you think your mega sites are difficult, welcome to the 16 permits that underlie the operation of this particular track. So in the due – again, the promisee of this operation rests with a Virginia agency, the Virginia Department of Mines, Minerals, and Energy, and you would say that other permits flow from that. The federal permits that lay on top of those simply backstop how Virginia administers those federal regulations. So one permit follows the other. And the asset purchase agreement, the business transaction, will take place. The key point I try to make, and I will slow down to make it again and hopefully clearer, is that our responsibility by law and by regulation is to reclaim the site. That will happen, no question about it. Will it be reclaimed with a higher and better use of post mine use industrial property or will we just remove all of the structure, remove all of the rail, take down everything and hydroseed it and return it to its approximate original contour.

That’s the financial incentive that the Federal Government saw to create the first phase of 67 acres of an industrial site. That’s what we’re asking the Tobacco Commission to consider making an investment to add it, the second phase, the 165 acres, to make it a

total of 232 for its absolute higher and best use on the

Crane-Snead & Associates, Inc.

1 bottom track. And that’s on the limestone country and

2 not in coal country. It’s actually on the fault,

3 F-A-U-L-T, fault line. So it’s not as difficult as you

4 might think to reclaim. Further back it gets a little

5 more difficult, yes, but that’s not what we’re asking

6 for today.

7 DELEGATE BYRON: Thank you.

8 DELEGATE MARSHALL: So William, while

9 you’re here, so for every one of these – of the mega

10 sites have been back to mega sites multiple times, so

11 this is your first and only request to the Tobacco

12 Commission?

13 SENATOR WAMPLER: Mr. Chairman, the Russell

14 County IDA is making the request. I would say this: If

15 ever a project was ripe for more federal funding, this

16 fits like a glove on the hand. The Appalachian Regional

17 Commission Power Program has a pot of one hundred

18 million dollars that is designed to revitalize the coal

19 fields. The Virginia Coal Field Economic Development

20 Authority, it’s ripe to put infrastructure, vertical

21 building up once we have it. So I can’t speak for the

22 IDA, but once they have site control there are plenty of

23 federal grants and other agencies to leverage up.

24 DELEGATE MARSHALL: Okay. Any further

25 questions to Senator Wampler or comments on the motion?

bottom track. And that’s on the limestone country and not in coal country. It’s actually on the fault,

F-A-U-L-T, fault line. So it’s not as difficult as you might think to reclaim, Further back it gets a little

more difficult, yes, but that’s not what we’re asking

for today.

DELEGATE BYRON: Thank you.

DELEGATE MARSHALL: So William, while you’re here, so for every one of these -~ of the mega

sites have been back to mega sites multiple times, so this is your first and only request to the Tobacco Commission?

SENATOR WAMPLER: Mr. Chairman, the Russell County IDA is making the request. I would say this: If ever a project was ripe for more federal funding, this fits like a glove on the hand. The Appalachian Regional Commission Power Program has a pot of one hundred million dollars that is designed to revitalize the coal fields. The Virginia Coal Field Economic Development Authority, it’s ripe to put infrastructure, vertical building up once we have it. So I can’t speak for the IDA, but once they have site control there are plenty of federal grants and other agencies to leverage up.

DELEGATE MARSHALL: Okay. Any further

questions to Senator Wampler or comments on the motion?

Crane-Snead & Associates, Inc.

1 MR. SPIERS: One question: What’s the

2 difference in a mega site and a regular industrial site?

3 What makes this a mega site?

4 MR. FEINMAN: It’s larger. There’s no –

5 as a term of art it simply doesn’t exist. Anything that

6 is larger than the sites that we regularly acquire

7 within its own region we would term a mega site. In

8 general, it was for the purposes of going after larger

9 industries. And I think in the program we had some

10 definitions.

11 MR. PFOHL: Yes, I think it’s typically

12 defined as at least a thousand acres designed to

13 accommodate a very large single employer like an

14 automotive assembly plant. There’s a definition of mega

15 projects in the state code that is, I believe,

16 $250 million investment and 400 plus jobs, I believe.

17 But in southwest Virginia what we found is that 70 to

18 100 acres, as in the four sites that are in the 81 and

19 77 corridor, is about the most you’re going to get

20 typically and can accommodate a million-square-foot

21 building on a 70 to 100 acre site. So this is

22 absolutely two to three times the size of the four sites

23 that we have in southwest Virginia, so significantly

24 larger.

25 DELEGATE MARSHALL: Mr. Ed.

MR. SPIERS: One question: What’s the difference in a mega site and a regular industrial site? What makes this a mega site?

MR. FEINMAN: It’s larger. There’s no – as a term of art it simply doesn’t exist. Anything that is larger than the sites that we regularly acquire within its own region we would term a mega site. In general, it was for the purposes of going after larger industries. And I think in the program we had some definitions.

MR. PFOHL: Yes, I think it’s typically defined as at least a thousand acres designed to accommodate a very large single employer like an automotive assembly plant. There’s a definition of mega projects in the state code that is, I believe, $250 million investment and 400 plus jobs, I believe. But in southwest Virginia what we found is that 70 to 100 acres, as in the four sites that are in the 81 and 77 corridor, is about the most you’re going to get typically and can accommodate a million-square-foot building on a 70 to 100 acre site. So this is absolutely two to three times the size of the four sites that we have in southwest Virginia, so significantly larger.

DELEGATE MARSHALL: Mr. Ed.

Crane-Snead & Associates, Inc.

1 MR. OWENS: Is it correct that we have $6

2 million dollars in the mega site budget, is that

3 information still correct?

4 MR. PFOHL: $5.6 million in the mega site

5 budget right now.

6 MR. OWENS: Okay. What’s the difference

7 between the mega part and the mega site perspective

8 incentive fund?

9 MR. FEINMAN: The incentive fund is a

10 discretionary fund used for when – so for example, we

11 were going to tap it for Project New World. It’s for

12 when we need additional incentives to get a truly

13 transformative employer into one of our sites or another

14 state.

15 DELEGATE MARSHALL: Yes, that fund has only

16 been around, what, maybe two years. So we started

17 funneling it to the cost of the – the amount of money

18 it’s going to take to get Project New World, one of

19 those projects here.

20 MR. OWENS: So this money would come from

21 the mega part?

22 MR. FEINMAN: Yes.

23 MR. OWENS: Last question, I know Delegate

24 Byron had tried to address it. Is there any key point,

25 bright line, hurdle to get over before we pull the

MR. OWENS: Is it correct that we have $6 million dollars in the mega site budget, is that information still correct?

MR. PFOHL: $5.6 million in the mega site budget right now.

MR. OWENS: Okay. What’s the difference between the mega part and the mega site perspective incentive fund?

MR. FEINMAN: The incentive fund is a discretionary fund used for when ~~ so for example, we were going to tap it for Project New World. It’s for when we need additional incentives to get a truly transformative employer into one of our sites or another state.

DELEGATE MARSHALL: Yes, that fund has only been around, what, maybe two years. So we started funneling it to the cost of the – the amount of money it’s going to take to get Project New World, one of those projects here.

MR. OWENS: So this money would come from the mega part?

MR. FEINMAN: Yes.

MR. OWENS: Last question, I know Delegate Byron had tried to address it. Is there any key point,

bright line, hurdle to get over before we pull the

Crane-Snead & Associates, Inc.

1 trigger on it?

2 MR. FEINMAN: I think ultimately for an

3 out-of-cycle request like this where there’s a tight

4 timeframe, it’s going to be up to the committee to make

5 the decision. I’ve given you my best read on it. If

6 there were a big red flag, I would have mentioned it.

7 The only significant red flag I see is the relatively

8 poor quality road access. But, you know, we’re not

9 going to get in the business of doing full on staff

10 reviews when something walks in a couple of weeks before

11 Christmas and they’ve got a meeting in January.

12 DELEGATE MARSHALL: All right. Any further

13 comments?

14 Did you have something, Senator Carrico?

15 SENATOR CARRICO: Well, I was just going –

16 just comment on the poor quality of road. That’s a very

17 common theme in southwest Virginia. I just don’t

18 know – I understand that. When you have one county in

19 southwest Virginia that has no four-lane highways it’s

20 not going to be something that we can fix overnight.

21 It’s just going to be something that we have to deal

22 with.

23 DELEGATE BYRON: Just real quickly,

24 Senator Carrico, do you know if they have broadband

25 there?

trigger on it?

MR. FEINMAN: I think ultimately for an out-of-cycle request like this where there’s a tight timeframe, it’s going to be up to the committee to make the decision. I’ve given you my best read on it. If there were a big red flag, I would have mentioned it. The only significant red flag I see is the relatively poor quality road access. But, you know, we’re not going to get in the business of doing full on staff reviews when something walks in a couple of weeks before Christmas and they’ve got a meeting in January.

DELEGATE MARSHALL: All right. Any further comments?

Did you have something, Senator Carrico?

SENATOR CARRICO: Well, I was just going – just comment on the poor quality of road. That’s a very common theme in southwest Virginia. I just don’t know – I understand that. When you have one county in southwest Virginia that has no four-lane highways it’s not going to be something that we can fix overnight. It’s just going to be something that we have to deal with.

DELEGATE BYRON: Just real quickly, Senator Carrico, do you know if they have broadband

there?

Crane-Snead & Associates, Inc.

1 SENATOR CARRICO: I will tell you in

2 Russell County they do have a very good broadband

3 system.

4 DELEGATE MARSHALL: That’s a little dig

5 there. All right. So we have a motion on the table to

6 move forward on grant No. 3397. Any further discussion?

7 Seeing none all those in favor say aye (Ayes). Opposed?

8 MR. EDMUNDS: I abstain.

9 DELEGATE MARSHALL: You abstain?

10 MR. EDMUNDS: Yes.

11 DELEGATE MARSHALL: All right. It looks

12 like that is – I guess next is public comment. Seeing

13 none, we stand adjourned. It’s time for the full board

14 meeting now, I think.

16 PROCEEDINGS CONCLUDED

SENATOR CARRICO: I will tell you in Russell County they do have a very good broadband system.

DELEGATE MARSHALL: That’s a little dig there. All right. So we have a motion on the table to move forward on grant No. 3397. Any further discussion? Seeing none all those in favor say aye (Ayes). Opposed?

MR. EDMUNDS: I abstain.

DELEGATE MARSHALL: You abstain?

MR. EDMUNDS: Yes.

DELEGATE MARSHALL: All right. It looks like that is – I guess next is public comment. Seeing none, we stand adjourned. It’s time for the full board

meeting now, I think.

PROCEEDINGS CONCLUDED

Crane-Snead & Associates, Inc.

1 CERTIFICATE OF COURT REPORTER

3 I, JUAN ORTEGA, do hereby certify that I,

4 having been duly sworn, was the Court Reporter who took

5 down and transcribed the proceedings of the Virginia

6 Region Revitalization Commission, Special Projects

7 Meeting, when held on Tuesday, January 9, 2018, at 9:30

8 a.m., at The Homewood Suites, Richmond, Virginia.

9 I further certify that the foregoing

10 transcript is a true and accurate record, to the best of

11 my ability.

12 Given under my hand this 9th day of

13 February, 2018.

15 JUAN ORTEGA

16 COURT REPORTER

CERTIFICATE OF COURT REPORTER

I, JUAN ORTEGA, do hereby certify that I,

having been duly sworn, was the Court Reporter who took

down and transcribed the proceedings of the Virginia

Region Revitalization Commission, Special Projects

Meeting, when held on Tuesday, January 9, 2018, at 9:30

a.m., at The Homewood Suites, Richmond, Virginia.

I further certify that the foregoing

transcript is a true and accurate record,

my ability.

Given under my hand this 9th day of

February, 2018.

JUAN ORTEGA COURT REPORTER

to the best of

Crane-Snead & Associates,

Inc.

A
a.m (2)
1:9
29:8

Abandoned (1)
7:8

ability (2)
14:4
29:11

able (1)
10:14

absolute (1)
23:25

absolutely (2)
16:8
25:22

abstain (2)
28:8
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accept (1)
6:9

access (6)
13:2
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13:18
13:23
17:19
27:8

accommodate (2)
25:13
25:20

accurate (1)
29:10

acquire (1)
25:6

acquisition (1)
7:12

acre (4)
6:24
11:7
19:15
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acreage (3)
7:14
13:2
17:13

acres (10)
7:10
8:24
11:5
12:1
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14:12
23:22
23:24
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25:18

action (3)
14:16
15:2
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active (1)
5:12

add (2)
8:18
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additional (4)
6:17
8:6
12:4
26:12

address (1)
26:24

adjacent (1)
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adjoining (1)
7:14

adjourned (1)
28:13

administers (1)
23:8

administration (4)
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Administrative (1)
3:2

Administrator (2)
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advance (1)
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advantage (1)
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agencies (4)
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agency (2)
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agreement (2)
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agreements (1)
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allow (2)
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AML (2)
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and/or (1)
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anticipated (1)
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Appalachian (3)
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APPEARANCES (1)
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appears (2)
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applicant (1)
8:16

application (4)
6:22
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applications (2)
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applied (1)
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approval (2)
5:1
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approvals (1)
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approve (2)
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approved (1)
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approving (1)
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approximate (2)
18:13
23:19

area (1)
13:11

arm (1)
10:14

Army (3)
9:17
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arrangement (1)
8:8

art (1)
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asked (1)
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asking (3)
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assembly (2)
11:20
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asset (1)
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assist (1)
7:12

assistance (1)
13:5

Assistant (3)
2:21
2:25
3:5

ASSOCIATES (1)
1:22

attendance (1)
4:24

Attorney (1)
3:5

Authority (4)
5:18
7:17
12:10
24:20

automotive (1)
25:14

availability (1)
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available (3)
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13:2
14:3

Avenue (1)
1:23

awarded (2)
9:13
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aware (2)
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aye (2)
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ayes (3)
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back (11)
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backfilling (1)
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backstop (1)
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balance (1)
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Baliles (1)
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based (1)
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basically (2)
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batter's (1)
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beat (1)
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bed (1)
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believe (3)
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believed (1)
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belts (1)
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Benton (1)
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best (4)
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better (3)
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beyond (1)
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big (1)
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billion (1)
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bisects (1)
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bit (1)
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block (1)
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blood (1)
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Blue (1)
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board (1)
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bottom (2)
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24:1

box (1)
10:18

brevity (1)
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bridges (1)
13:24

bright (1)
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bringing (1)
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brings (1)
11:24

broadband (2)
27:24
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budget (2)
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build (1)
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building (2)
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bulk (1)
20:17

business (2)
23:10
27:9

Byron (11)
2:5
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C
call (1)
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callback (1)
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Cannon (1)
2:6

capable (1)
13:20

capital (2)
11:11
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Capps (1)
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Carbo (1)
6:25

Carrico (17)
2:4
4:9
4:10
10:1
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28:1

Carroll (1)
20:4

Carter (3)
2:7
4:13
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cash (2)
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caution (1)
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caveat (1)
11:16

census (2)
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12:15

certainly (2)
22:9
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CERTIFICATE (1)
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certify (2)
29:3
29:9

Chafin (6)
2:8
4:11
4:12
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8:19
10:2

Chairman (19)
2:3
2:4
4:6
4:24
8:19
9:25
10:21
10:22
10:25
16:6
17:21
18:1
18:7
18:19
19:3
20:24
21:8
21:9
24:13

Chairperson (1)
5:9

Charles (1)
2:4

chill (1)
10:24

chose (1)
11:10

Christmas (1)
27:11

Christopher (1)
2:16

circumstances (1)
10:23

clarify (1)
21:11

classically (1)
17:19

Cleaning (1)
9:4

clearer (1)
23:12

clearing (1)
7:10

clearly (1)
11:4

Cleveland (1)
6:25

clock (1)
15:3

close (2)
19:12
19:13

closing (1)
15:12

coal (19)
7:1
7:5
7:16
8:22
8:23
9:4
9:5
9:5
10:10
10:16
11:6
11:12
12:9
17:12
20:2
22:25
24:2
24:18
24:19

code (1)
25:15

come (3)
10:1
10:20
26:20

coming (1)
18:4

COMISSION (1)
2:14

commence (3)
11:15
18:10
18:10

comment (3)
15:25
27:16
28:12

comments (4)
15:22
17:23
24:25
27:13

Commerce (1)
5:19

commercial (2)
18:24
20:16

commission (17)
1:1
3:1
3:4
7:4
7:11
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10:25
12:10
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12:23
14:23
15:20
22:23
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24:12
24:17
29:6

commissioners (1)
9:16

committee (10)
1:7
5:10
6:7
7:20
8:7
9:23
10:22
18:4
18:5
27:4

commodity (1)
20:17

common (1)
27:17

Commonwealth (3)
5:25
16:2
16:13

community (1)
12:12

complete (1)
12:3

complexity (1)
14:14

comprise (1)
7:11

concisely (1)
11:4

CONCLUDED (1)
28:16

conclusion (1)
8:5

concurrences (1)
14:11

consider (3)
6:4
14:15
23:23

considered (2)
7:22
11:8

construct (1)
14:5

contingencies (1)
22:8

contingency (1)
21:18

continue (1)
5:21

Continued (1)
3:1

continuing (1)
19:16

contour (2)
18:13
23:19

control (2)
12:3
24:22

conveyances (1)
20:12

conveyor (1)
13:21

Corporation (1)
5:25

Corps (3)
9:17
14:21
16:11

correct (2)
26:1
26:3

corridor (2)
7:6
25:19

cost (6)
7:10
7:18
15:18
19:10
19:14
26:17

costly (1)
7:24

costs (1)
7:13

COUNSEL (1)
3:4

country (2)
24:1
24:2

county (18)
5:24
6:21
6:25
8:10
11:2
11:17
11:18
11:21
11:23
11:23
12:2
12:15
12:20
16:1
16:10
24:14
27:18
28:2

couple (3)
15:24
20:11
27:10

course (1)
9:2

Court (3)
29:1
29:4
29:16

cover (1)
7:10

covered (1)
17:16

CRANE-SNEAD (1)
1:22

create (2)
8:24
23:21

creative (1)
22:7

credit (1)
12:15

critical (5)
9:11
9:12
13:15
15:16
18:20

Crossing (3)
5:25
16:2
16:13

Crossroads (1)
5:18

cubic (1)
13:21

Cumberland (1)
14:1

currently (2)
8:9
14:3

customized (1)
13:3

cycle (1)
21:23


D
Daniel (1)
2:3

date (6)
18:2
18:6
18:20
18:22
18:25
21:1

day (1)
29:12

days (1)
20:11

dead (2)
18:2
18:5

deadline (1)
21:1

deal (1)
27:21

decades (1)
7:1

December (1)
6:23

decision (1)
27:5

deck (1)
16:16

declared (1)
11:20

defer (1)
15:14

defined (1)
25:12

definition (1)
25:14

definitions (1)
25:10

delay (1)
9:19

Delegate (44)
4:3
4:7
4:8
4:15
4:16
4:25
5:4
6:6
6:11
6:13
8:17
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15:24
16:8
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19:3
19:6
19:8
19:23
20:21
21:4
21:6
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21:10
21:15
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22:14
22:15
24:7
24:8
24:24
25:25
26:15
26:23
27:12
27:23
28:4
28:9
28:11

deluge (1)
17:9

Department (4)
14:18
14:19
14:22
23:5

Deputy (1)
2:16

described (1)
22:10

design (1)
13:8

designed (2)
24:18
25:12

details (1)
8:16

determined (1)
22:17

develop (2)
10:7
11:18

developed (1)
8:5

development (16)
5:18
5:25
6:24
7:13
7:16
7:17
7:25
8:3
8:25
12:5
12:9
12:12
12:13
13:3
19:10
24:19

deviate (1)
21:24

difference (2)
25:2
26:6

different (1)
16:19

difficult (6)
14:6
16:12
17:22
23:1
24:3
24:5

dig (1)
28:4

diligence (2)
19:14
19:16

directly (1)
13:17

Director (4)
2:15
2:16
2:17
2:18

director's (1)
17:23

discretionary (1)
26:10

discussed (1)
10:8

discussion (3)
8:15
21:15
28:6

distance (1)
20:4

distribution (1)
13:20

district (1)
16:1

DMME (3)
9:10
9:15
9:23

doing (1)
27:9

dollar (1)
14:4

dollars (7)
15:4
15:8
15:19
19:13
19:14
24:18
26:2

door (2)
17:2
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drop (2)
18:2
18:5

due (4)
13:1
19:14
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23:3

duly (1)
29:4

dump (1)
13:18

duty (1)
16:9


E
E (1)
2:16

east (2)
1:2
14:2

easy (2)
19:17
23:1

economic (8)
5:18
5:24
7:16
7:17
8:25
12:9
12:13
24:19

economically (1)
10:15

Ed (2)
19:8
25:25

EDMUNDS (2)
28:8
28:10

Edward (1)
2:11

effective (1)
18:25

eight (1)
7:22

electric (2)
13:19
13:19

electricity (1)
9:7

eligible (1)
12:14

Elizabeth (1)
3:5

employer (2)
25:13
26:13

Energy (2)
14:19
23:5

engineering (1)
15:5

Engineers (3)
9:17
14:22
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entertain (1)
15:23

environmental (3)
9:22
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22:2

Evan (2)
2:15
4:5

everybody (1)
15:7

example (1)
26:10

excited (1)
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excuse (1)
6:18

Executive (2)
2:15
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exercised (1)
15:14

exist (1)
25:5

existence (1)
16:15

existing (3)
13:1
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19:22

exists (2)
13:16
22:11

expect (3)
11:12
12:4
13:4

expended (2)
15:9
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expire (1)
5:16

expressed (1)
16:20

extend (1)
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extension (2)
5:23
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extensions (5)
5:17
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6:3
6:8
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extensive (2)
13:6
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F
F-A-U-L-T (1)
24:3

fact (3)
8:20
10:4
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facts (1)
22:6

Faircloth (1)
2:21

fairly (1)
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far (1)
10:11

fault (2)
24:2
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favor (3)
5:6
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28:7

February (2)
11:15
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federal (10)
7:8
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12:4
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feel (1)
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fees (1)
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feet (1)
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Feinman (19)
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25:4
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field (4)
7:5
7:16
12:9
24:19

fields (6)
8:22
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17:12
20:2
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final (1)
6:1

finally (1)
16:3

Finance (1)
2:18

financial (1)
23:20

find (1)
20:16

firm (1)
11:24

first (7)
10:18
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15:25
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fits (1)
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Fitzhugh (1)
1:23

five (5)
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fix (1)
27:20

flag (2)
27:6
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flat (1)
17:12

flow (1)
23:6

follows (1)
23:9

font (1)
5:11

foregoing (1)
29:9

former (1)
11:6

forward (6)
10:14
10:20
13:9
21:2
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28:6

found (1)
25:17

four (8)
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6:14
11:8
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four-lane (1)
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fourth (1)
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frame (1)
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Franklin (1)
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frankly (1)
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fraud (1)
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friends (1)
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full (2)
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fully (2)
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fund (4)
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funded (2)
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funders (1)
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funding (6)
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funds (1)
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funneling (1)
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further (13)
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G
G (1)
2:23

gallons (1)
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game (1)
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Gap (1)
14:1

general (4)
3:5
11:20
18:24
25:8

generated (1)
12:20

generations (2)
9:2
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getting (1)
16:3

give (3)
5:13
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21:25

given (3)
8:14
27:5
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glad (1)
15:23

glove (1)
24:16

go (6)
5:1
9:17
9:18
14:10
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going (16)
5:21
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9:20
15:25
18:2
18:6
20:12
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25:19
26:11
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27:4
27:9
27:15
27:20
27:21

good (6)
4:3
9:2
17:11
17:18
20:3
28:2

Government (1)
23:21

graded (1)
8:3

grandfathered (1)
14:5

grant (10)
5:24
6:1
6:17
6:18
6:22
8:2
11:25
12:11
21:2
28:6

granted (1)
15:20

grantees (1)
5:14

grants (11)
2:17
2:19
2:21
2:23
2:25
5:8
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Greenfield (1)
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guaranteeing (1)
12:18

guess (2)
22:16
28:12


H
hand (2)
24:16
29:12

happen (1)
23:14

hard (1)
19:12

harm (1)
22:16

heading (1)
17:22

Health (1)
14:21

hear (2)
8:25
22:21

heart (1)
17:23

held (1)
29:7

helping (1)
13:12

Henrico (1)
1:24

Henry (3)
5:24
16:1
16:10

hesitate (2)
21:21
21:24

higher (3)
18:14
23:15
23:25

highways (1)
27:19

holidays (1)
17:3

Homewood (2)
1:13
29:8

Honorable (6)
2:3
2:4
2:5
2:8
2:9
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hope (4)
5:11
9:23
15:20
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hopefully (1)
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hours (3)
8:20
14:2
20:6

hundred (1)
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Mills (5)
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Minerals (2)
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Mines (2)
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Office (2)
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Okay (7)
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Opposed (2)
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Owens (13)
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16:3
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18:8
18:22
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Pfohl (5)
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phase (7)
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Piper (1)
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14:8
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Q
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Reporter (3)
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Resources (1)
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Revitalization (2)
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Robert (2)
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Russell (14)
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6:24
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12:2
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S
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Safety (1)
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Sarah (1)
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Seeing (2)
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28:12

Senator (37)
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16:6
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September (2)
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Service (2)
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6:20

site (55)
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6:17
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6:24
7:3
7:4
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8:4
8:20
8:21
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8:23
9:1
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10:8
11:6
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12:1
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12:6
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13:1
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22:1
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sites (16)
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7:25
10:4
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Smyth (1)
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Southside (2)
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southwest (13)
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Spiers (5)
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Sr (1)
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Stacey (1)
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staff (14)
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Stamper (1)
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state (6)
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0
1
1 (7)
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3
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3397 (3)
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28:6


4
400 (1)
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4914 (1)
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5
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501 (1)
1:2


6
6 (1)
26:1

6.1 (1)
19:12

67 (3)
7:10
12:1
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69,000 (1)
13:19

69KV (1)
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7
7 (2)
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16:2

70 (2)
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25:21

701 (1)
1:2

7500 (1)
13:21

77 (1)
25:19


8
804-355-4335 (1)
1:25

81 (1)
25:18

8th (2)
5:1
5:5


9
9 (3)
1:8
4:1
29:7

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1:9
29:7

9th (1)
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