HomeMy WebLinkAbout20161217 Ver 1_Enforcement Case Documentation_20170821Water Resources
ENVIRONMENTAL QUALITY
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7008 1300 0000 1124 4559
RECEIVED/NCDENR/DWR
AUG 31 2017
Water Quality Regional
Operations Section
Washington Regionai Office
August 28, 2017
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7008 1300 00001124 4566
Kenny Habul, - CEO, Reg. Agent Tom McNay, Vice President
SunEnergyl, LLC Duke Energy Renewables NC Solar, LLC
192 Raceway Drive 550 South Tryon Street, DEC45A
Mooresville, NC 28117-6509 Charlotte, NC 28202-4200
SUBJECT: Assessment of Civil Penalties
Dear Sirs:
ROY COOPER
MICHAEL S. REGAN
Seorrm"
S. JAY ZIMMERMAN
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7008 1300 0000 1124 4405
CT Corporation System — Reg. Agent
Duke Energy Renewables NC Solar, LLC
160 Mine Lake Ct. Ste 200
Raleigh, NC 27615-6417
Duke Energy Renewables NC Solar, LLC and SunEnergyl, LLC
Windsor Solar Site
Bettie County
Case No. WP-2017-0001
This letter transmits notice of a civil penalty assessed against Duke Energy Renewables NC Solar, LLC and
SunEnergyl, LLC in the amount of $10.99.0 26, which includes $1,029.26 in investigative costs. Attached
is a copy of the assessment document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the Secretary of the
Department of Environmental Quality (DEQ) and the Director of the Division of Water Resources (DWR).
Any continuing violation(s) may be the subject of a new enforcement action, including an additional
penalty.
Within thirty (30) calendar days of receipt of this notice, you must do one of the following three options:
1. Submit payment of the penalty, OR
2. File a request for remission of civil penalties, OR
3. File a written petition with the Office of Administrative Hearings.
Failure to exercise one of the above three options within thirty (30) calendar days of your receipt of
these documents will result in this matter being referred to the Attorney General's Office with a request
to initiate a civil action to collect the penalty.
These options are detailed below:
Option 1— Submit payment of the penalty
Payment should be made to the order of the Department of Environmental Quality (DEQ).
Please include the Case No. WP-2017-0001 on your check or money order. Payment of the
State of North Carolina I Environmental Quality I Water Resources 1401 & Butfer Permitting Branch
1617 Mail service Center I Raleigh, North Carolina 27699-1617
919 807-63001 www.ncwaterquality.org
Duke Energy Renewables INC Solar, LLC and SunEnergyl, LLC
Windsor Solar Site, Bertie County
Case No. WP-2017-0001
Page 2 of 3
penalty will not foreclose further enforcement action for any continuing or new violation(s).
Payment must be sent within 30 calendar days of receipt of this notice to the following:
If sending via US Postal Service
Karen Higgins
DWR —401 & Buffer Permitting Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
If sending via delivery service (UPS, FedEx, etc.)
Karen Higgins
DWR-401 & Buffer Permitting Branch
512 N. Salisbury Street
Raleigh, NC 27604
Option 2 — File a request for remission of civil penalties:
A request for remission or mitigation is limited to consideration of the reasonableness of the
amount of the penalty and is not the proper procedure for contesting the accuracy of any of the
statements contained in the assessment letter.
Because a remission request forecloses the option of an administrative hearing, such a request
will not be processed without a waiver of your right to an administrative hearing and a
stipulation that there are no factual or legal issues in dispute.
You must execute and return to this office the attached "Waiver of Right to an Administrative
Hearing and Stipulation of Facts" and the attached "Justification for Remission Request" which
should describe why you believe:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were wrongfully
applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting from the
violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial
actions.
For this option you must file your request for remission of civil penalties within thirty (30)
calendar days of receipt of this notice. Submit this information to the following:
If sending via US Postal Service
Karen Higgins
DWR-401 & Buffer Permitting Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
If sending via delivery service (UPS, FedEx, etc.)
Karen Higgins
DWR-401 & Buffer Permitting Branch
512 N. Salisbury Street
Raleigh, NC 27604
Option 3 — File a written petition with the Office of Administrative Hearings:
This decision can be contested as provided in General Statute 150E by filing a written petition for
an administrative hearing to the Office of Administrative Hearings (OAH) within thirty (30)
calendar days of your receipt of this notice.
Duke Energy Renewables NC Solar, LLC and SunEnergyl, LLC
Windsor Solar Site, Bertie County
Case No. WP-2017-0001
Page 3 of 3
A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH
Clerk's Office at (919) 431-3000 for information. A petition is considered filed when the original
and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal
office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state
holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one
copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the Office of Administrative Hearings:
If sending via U.S. Postal Service: If sending via delivery service (UPS, FedEx, etc.)
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to the Department of Environmental Quality:
William F. Lane, General Counsel
Department of Environmental Quality (DEQ)
1601 Mail Service Center
Raleigh, NC 27699-1601
The violations addressed by this assessment and any impacts to waters must be abated and properly
resolved. You are encouraged to contact Anthony Scarbraugh with the DWR Washington Regional Office
at (252) 946-6481 if you need assistance in achieving compliance at the site. Please be advised that
additional assessments may be levied for future, continuing, or other violations beyond the scope of
this specific assessment.
If you have any questions, please see the following website: http://Dortal.ncdenr.org/web/wo/ws/cu or
contact Shelton Sullivan at (919) 807-6361 or Karen Higgins at (919) 807-6360.
Sincerely,
Jeffrey0. Poupart
f Division of Water Resources
ATTACHMENTS
cc: Robert Tankard / Anthony Scarbraugh - DWR Washington Regional Office -File Copy
401 & Buffer Permitting Branch- File Copy
JUSTIFICATION FOR REMISSION REQUEST
DWR Case Number: WP-2017-0001 County: Bertie
Assessed Party: Duke Energy Renewables NC Solar, LLC and SunEnergyl, LLC
Permit No. (if applicable): n/a Amount Assessed: $10,029.26
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission Waiver of Right to an Administrative Hearing and Stipulation of Facts" form to
request remission of this civil penalty. You should attach any documents that you believe support your
request and are necessary for the Director to consider in evaluating your request for remission. Please
be aware that a request for remission is limited to consideration of the five factors listed below as they
may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is
not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the
factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 14313-
282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors
applies. Please check each factor that you believe applies to your case and provide a detailed
explanation, including copies of supporting documents, as to why the factor applies (attach additional
pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 1438-282.1(b) were
wrongfully applied to the detriment of the petitioner (the assessmentfactors are listed in the civil
penalty assessment document);
(b) the violator Promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences),
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation
was unavoidable or something you could not prevent or preparefor),
(d) the violator had not been assessed civil Penalties for any previous violations (i.e., explain
if previous violations have resulted in you being assessed civil penalties);
(e) payment of the civil Penalty will prevent Payment for the remaining necessary remedial
actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities
necessary to achieve compliance).
EXPLANATION (attach additional pages as necessary):
STATE OF NORTH CAROLINA
COUNTY OF BERTIE
IN THE MATTER OF ASSESSMENT
ENVIRONMENTAL MANAGEMENT
COMMISSION
WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
Duke Energy Renewables NC Solar, LLC and SunEnergyl, LLC ) STIPULATION OF FACTS
CASE NO. WP-2017-0001
Having been assessed civil penalties totaling $10,029.26 for violation(s) as set forth in the
assessment document of the Director of the Division of Water Resources dated August 28, 2017, the
undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an
administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the
assessment document.
The undersigned further understands that all evidence presented in support of remission of this
civil penalty must be submitted to the Director of the Division of Water Resources within thirty (30)
calendar days of receipt of the civil penalty assessment. No new evidence in support of a remission
request will be allowed after thirty (30) calendar days from the receipt of the civil penalty assessment.
This the day of 20
NAME (printed)
SIGNATURE
ADDRESS
TELEPHONE
STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF
ENVIRONMENTAL QUALITY
COUNTY OF BERTIE
IN THE MATTER OF ) CASE NO. WP-2017-0001
Duke Energy Renewables NC Solar, LLC and )
SunEnergyl, LLC ) FINDINGS AND DECISION
AND ASSESSMENT OF
FOR VIOLATIONS OF: ) CIVIL PENALTIES
15A NCAC 02H .0500, and )
15A NCAC 02B .0231 )
Acting pursuant to North Carolina General Statute (hereby known as G.S.) 143-215.6A, I,
Jeffery O. Poupart, of the Division of Water Resources (hereby known as DWR), make the
following:
I. FINDING OF FACT
A. Duke Energy Renewables NC Solar, LLC was listed as the financially
responsible party for land disturbing activities for the site known as the
Windsor Solar Site, per records from the Division or Energy, Mineral and
Land Resources (herby known as DEMLR), located off Cooper Hill Road in
Bertie County, North Carolina.
B. Duke Energy Renewables NC Solar, LLC is a company organized and
existing under the laws of the State of North Carolina.
C. On December 9, 2016, DWR received an after -the -fact 401 Water Quality
Certification (hereby known as WQC) application for wetland impacts at the
Windsor Solar site. SunEnergyl, LLC was listed as the applicant.
D. SunEnergyI, LLC is a company organized and existing under the laws of the
State of North Carolina.
E. According to DWR records, SunEnergyl, LLC was responsible for the
Windsor Solar Site during its construction phase.
F. On February 16, 2017, representatives from the DWR conducted a site
inspection of the constructed Windsor Solar Site. Accompanying DWR were
staff from DEMLR, the US Army Corps of Engineers (hereby known as
Duke Energy Renewables NC Solar, LLC and Sunaergyl, LL.0
Bertie County
Windsor Solar WP-2017-0001
Page 2 of 5
USACE), representatives from Duke Energy Renewables NC Solar, LLC,
representatives of SunEnergyl LLC, and representatives from Carolina
Ecosystems, Inc. DWR inspected the access road and two areas of installed
solar panels. On the southern area of installed panels, the USACE confirmed
that jurisdictional wetlands had been impacted from grading, earthen fill, and
the installation of solar panels, associated infrastructure, and road
improvements.
G. A review of DEMLR's Erosion & Sedimentation Control Plan files shows a
wetland area in the southern field of installed panels to be avoided.
H. The after -the -fact 401 WQC application received on December 9, 2016 did
not propose the extent of impacts observed during the February 16, 2017 site
visit.
I. A DWR file review confirmed the impacts noted above to approximately 0.7
acres of wetlands occurred without the issuance of a 401 Water Quality
Certification.
I On February 17, 2017, the 401 WQC application was withdrawn by the
request of SunEnergyl, LLC.
K. The water quality standards for wetlands, as found in Title 15A North
Carolina Administrative Code (hereby known as NCAC) 02B .0231(a), are
designed to protect, preserve, restore and enhance the quality and uses of
wetlands and other waters of the state influenced by wetlands.
L. Title 15A NCAC 02B .0231(b)(1) requires "Liquids, fill or other solids or
dissolved gases may not be present in amounts which may cause adverse
impacts on existing wetland uses;"
M. Title 15A NCAC 02B .0231(b)(5) requires "Hydrological conditions
necessary to support the biological and physical characteristics naturally
present in wetlands shall be protected to prevent adverse impacts on: (C) The
chemical, nutrient and dissolved oxygen regime of the wetland; (D) The
movement of aquatic fauna; and (F) Water levels or elevations."
N. Title 15A NCAC 02H .0500 requires water quality certifications pursuant to
Section 401 of the Clean Water Act whenever construction or operation of
facilities will result in a discharge into jurisdictional waters, including
wetlands, as described in 33 CFR Part 323.
Duke Energy Renewables NC Solar, LLC and SunEnergyl, LLC
Berne County
Windsor Solar WP-2017-0001
Page 3 of 5
O. On February 22, 2017, DWR Washington Regional Office issued a Notice of
Violation and Recommendation for Enforcement (hereby known as
NOVRE). DWR records indicate that Duke Energy Renewables NC Solar,
LLC and SunEnergyl, LLC received the NOVRE on February 28, 2017 and
February 27, 2017 respectively.
P. DWR received written responses to the NOVRE from Duke Energy
Renewables NC Solar, LLC and from Beveridge & Diamond, P.C., attorney
for SunEnergyl, LLC. The responses proposed removing solar panels from
the wetlands, restoration and possible permitting. To date, a restoration and
permitting plan has not yet been finalized or approved.
Q. The impacts occurred to wetlands, Class WL waters, within the Roanoke
River Basin.
R. The cost to the State of the enforcement procedures in this matter totaled
1 029.26.
Based upon the above Finding of Fact, I make the following:
II. CONCLUSION OF LAW
A. Duke Energy Renewables NC Solar, LLC and SunEnergyl, LLC are
"persons" within the meaning of G.S.- 143-215.6A pursuant to G.S. 143-212
(4).
B. The wetlands located at the site constitutes waters of the State within the
meaning of G.S. 143-212 (6).
C. Duke Energy Renewables NC Solar, LLC and SunEnergyl, LLC violated
Title 15A NCAC 02B .0231 (b)(1) and (b)(5) by impacts to approximately
0.7 acres of wetlands from grading, earthen fill, the installation of solar
panels, associated infrastructure, and road improvements at the Windsor
Solar Site.
D. Duke Energy Renewables NC Solar, LLC and SunEnergyl, LLC violated
Title 15A NCAC 02H .0500 by the unauthorized impacts to wetlands without
first applying for and securing a 401 Water Quality Certification as required
by Section 401 of the Federal Water Pollution Control Act.
Duke Energy Renewables NC Solar, LLC and SunEnergyl, LLC
Bertie County
Windsor Solar WP-2017-0001
Page 4 of 5
E. Duke Energy Renewables NC Solar, LLC and SunEnergyl, LLC may be
assessed civil penalties in this matter pursuant to G.S. 143-215.6A (a)(1),
which provides that a civil penalty of not more than twenty-five thousand
dollars ($25,000) per violation per day may be assessed against a person who
violates any classification, standard, limitation, or management practice
established pursuant to G.S. 143-214.1, 143-214.2, or 143-215.
F. Duke Energy Renewables NC Solar, LLC and SunEnergyl, LLC may be
assessed civil penalties in this matter pursuant to G.S. 143-215.6A (a)(2),
which provides that a civil penalty of not more than twenty-five thousand
dollars ($25,000) per violation per day may be assessed against a person who
is required but fails to apply for or to secure a permit required by G.S. 143-
215.1, or who violates or fails to act in accordance with the terms, conditions,
or requirements of such permit or any other permit or certification issued
pursuant to authority conferred by this Part
G. The State's enforcement cost in this matter may be assessed against Duke
Energy Renewables NC Solar, LLC and SunEnergyl, LLC pursuant to G.S.
143-215.3 (a)(9) and G.S. 143B-282.1 (b)(8).
H. Jeffery O. Poupart of the Division of Water Resources, pursuant to delegation
provided by the Secretary of the Department of Environmental Quality and
the Director of the Division of Water Resources, has the authority to assess
civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III�13XGJMIONI
Accordingly, Duke Energy Renewables NC Solar, LLC and SunEnergyl, LLC are hereby
assessed a civil penalty of:
S OOO for violation(s) of Title 15A NCAC 02B .0231 (b)(1) and
(b)(5) by impacts to approximately 0.7 acres of wetlands from
grading, earthen fill, the installation of solar panels, associated
infrastructure, and road improvements at the Windsor Solar
Site.
Duke Energy Renewables NC Solar, LLC and SunEnergyl, LLC
Berrie County
Windsor Solar WP-2017-0001
Page 5 of 5
for violation(s) of Title 15A NCAC 02H .0500 by the
unauthorized impacts to wetlands without first securing a 401
Water Quality Certification as required by Section 401 of the
Federal Water Pollution Control Act.
ao q TOTAL CIVIL PENALTY, authorized by G.S. 143-215.6A
$ 1,029.26 Enforcement Cost
TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of penalty, I considered the
factors set out in G.S. 14313-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violations;
(2) The duration and gravity of the violations;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violations were committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
and
(8) The cost to the State of the enforcement procedures
? /7
Date effery O. Poupart
Division of Water Resources
NORTH CAROLINA DIVISION OF WATER RESOURCES
Violator: Duke Energy Renewables NC Solar, LLC and SunEnergyl, LLC
Project Name: Windsor Solar Site
County: Bertie County Case Number: WP-2017-0001
Permit Number: n/a
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violation;
LOSS 6f -7 acres
2) The duration and gravity of the violation;
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3) The effect on ground or surface water quantity or quality or on air quality;
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4) The cost/of rectifying the damage;
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5) The amount of money saved by noncompliance;
�fI44-5 iA �eAruf 1N�f>>n✓T M lr% �a7;pq CoS7 0/ �Va,lgnCe
f6/o%; less ff&Ar, I
6) Whether the violation was committed willfully or intentioj'ally;
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7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
8) The cost to the State of the enforcement procedures. '* IOZq /f b-r S c; ,d/)%
Zg� �—
Date Jeffrey 0. Poupart
Division of Water Resources
Regional Operations Section
Washington Regional Office
Division of Water Resources
July 6, 2017
Memorandum:
TO: Karen Higgins — 401 & Buffer Permitting Branch Supervisor
FROM: Robert Tankard, Assistant Regional Supervisor
Washington Regional Office
PREPARED BY: Anthony Scarbraugh,i�
�P
SUBJECT: Enforcement Recommen�tion
Duke Energy Renewables NC Solar, LLC and SunEnergyl, LLC
Windsor Solar
Bertie County, NC
Enclosed is an enforcement recommendation package for Duke Energy Renewables NC Solar,
LLC and SunEnergyl, LLC for Bethel Solar site in Pitt County, NC. On December 9, 2016, this
Office received an after -the -fact Pre -Construction Notification Application from SunEnergyl,
LLC requesting a 401 Water Quality Certification for 0.31 acres of unauthorized wetland
impacts that occurred during the installation of solar panels. On January 9, 2017, this Office sent
a letter requesting additional information to SunEnergyI, LLC via certified mail. Within the
additional information letter, this Office required an approved jurisdictional determination be
submitted to complete the review process. This Office referenced historical documentation
provided by the Division of Energy, Mining and Land Resources indicating the extent of
wetlands present prior to the unauthorized wetland impacts were more extensive than depicted
on the application. Following application submittal and discussion regarding the extent of
unauthorized wetland impacts, an onsite meeting between SunEnergy 1, LLC, Duke Energy
Renewable NC Solar, LLC, Keller Environmental and Carolina Ecosystems, Inc., this Office,
DEMLR, and US Army Corps of Engineers was held on February 16, 2016. Anthony
Scarbraugh, Robert Tankard, Chris Pullinger of this Office and Shelton Sullivan of Central
Office conducted a site inspection on February 16, 2017. Following the inspection, the
application was withdrawn at the request of the applicant.
A Notice of Violation and Recommendation for Enforcement (NOVRE) was issued on February
22, 2017 to Duke Energy Renewable NC Solar, LLC. On March 9, 2017, a response and plan of
action from Duke Energy Renewables NC Solar, LLC to the DWR NOVRE was received in this
Office. On April 17, 2017, Duke Energy Renewables NC Solar, LLC submitted a Soil
Investigation plan for approval to this Office and approval was granted. On May 5, 2017,
additional information was provided by Duke Energy Renewables NC Solar, LLC concerning
contractual agreements with SunEnergyl, LLC. On May 12, 2017, Duke Energy Renewables
NC Solar, LLC submitted a report summarizing the results of soil investigation entitled "Windsor
Solar Tract B Investigation of Historical Extents of Hydric Soils." On May 15, 2017, Duke
Enforcement Recommendation Memo Page 1 of 3
Energy Renewables NC Solar, LLC submitted a letter entitled "Windsor Solar Site, Proposed
Resolution."
A Notice of Violation and Recommendation for Enforcement was issued on February 22, 2017.
On April 10, 2017, a response from SunEnergyl, LLC to the DWR NOV was received in this
office. The response from SunEnergyl, LLC indicated that indicated that the wetlands
delineation nor permitting processes were coordinated by SunEnergyI, LLC.
The current status of the site is that the violations remains pending the submittal of Duke Energy
Renewables NC Solar, LLC final restoration plan for approval.
The impacts have resulted in the following violations:
15A NCAC 213.0231 b (1), (5) and (6) — by impacts to wetlands caused by clearing,
grading, earthen fill, the installation of solar panels and associated infrastructure
within jurisdictional wetlands.
Failure to Secure 401 Water Quality Certification — by impacting jurisdictional
wetlands without the required 401 Water Quality Certification.
DWR has record of past violations for Duke Energy Renewables NC Solar, LLC.
• Bethel Solar Site—NOV-2017-PC-0155
DWR has records of past violations for SunEnergyl, LLC.
• Chocowinity Solar—NOV-2014-PC-0282
• Sunbury Solar— NOV-2015 -OP-0002
• Kelford Solar — NOV-2015-PC-0078
• Bethel Solar Site — NOV-2017-PC-0155
• Aulander Holloman Solar — NOV-2017-PC-0184
Enforcement Costs:
Anthony Scarbraugh
16 hours @ $33.37
$
533.92
Robert Tankard
8 hours @ $45.81
$
366.48
Mileage
74 miles @ $0.39/mile
$
28.86
Central Office Review and Processing
only if assessing in CO
$
100.00
Total
$1029.26
Enforcement Recommendation Memo Page 2 of 3
DWR Timeline of Events
See Attached
Enforcement Recommendation Memo Page 3 of 3
DWR Timeline of Events:
• 10/29/13 Samir Dumpor, Pat McClain, and Scott Vinson of Division of Energy, Mineral, and
Land Resources (DEMLR) met with Bradley Fite and Ken Habul of SunEnergyl, LLC
(SE1), Andy Cranfill and Brian Kennedy of Duke Energy Renewables NC Solar, LLC
(DER), Jay Keller of Keller Environmental, LLC (KE), Michael Cook and James
McRacken of ERP and Scott Stone and Barry Fay of America Engineering Associates
—Southeast, P.A. concerning the sediment and erosion plan and stormwater review
for Bethel, Windsor and Warren Field Solar Sites.
• 11/05/13 DEMLR Land Quality Section issued Erosion and Sedimentation Control (ESC) Permit
under Bertie-2014-003 to DER for the Bethel Solar. The approved plan depicted
wetlands on the property.
• 12/09/16 Division of Water Resources (DWR) receives an after -the -fact Pre -Construction
Notification (PCN) application from SunEnergyl, LLC requesting a 401 Water Quality
Certification for 0.31 acres of unauthorized wetland impacts that occurred during
the installation of solar panels.
• 12/19/16 Kyle Barnes of US Army Corps of Engineers (USACE) emailed Chris Hopper of
Carolina Ecosystem, Inc, (CEI) and copied Eric Schudt (formerly of SE1) and Anthony
Scarbraugh of DWR Washington Regional Office (WaRO) regarding incomplete
information of the PCN application concerning endangered species and that
coordination with the US Fish and Wildlife (USFW) office would be required.
• 12/15/16 Mr. Hopper of CEI responded to Mr. Barnes of USACE via email and copied Mr.
Schudt of SE1 and Mr. Scarbraugh of DWR agreeing to coordinate with USFW.
• 01/09/17 DWR placed the PCN application on hold to request additional information.
Specifically, DWR requested an approved jurisdictional determination be provided
to clarify the extent of unauthorized wetland impacts. Historical documentation
provided by DEMLR indicated the extent of wetland present prior to the
unauthorized impacts were more extensive than depicted on Figure 3 of the PCN
application. DWR requested plan details regarding wetland impacts and
demonstration of avoidance and minimization.
• 01/18/17 Mr. Barnes with USACE emailed Mr. Schudt with SE1 and Mr. Hopper with CEI and
copied Mr. Scarbraugh with DWR and Samir Dumpor with DEMLR regarding the
potential of additional unauthorized wetlands impacts that were not identified
during the initial meeting between USACE and CEI staff on September 14, 2016. Mr.
Barnes suggested another onsite meeting between USACE, DWR, DEMLR, SE1 and
CEI staff.
• 01/25/17 Mr. Schudt of SE1 emailed DWR, USACE, DEMLR, CEI and DER staff scheduling an
onsite meeting on February 16, 2017 at 10 AM.
• 01/25/17 Mr. Barnes with USACE emailed Mr. Schudt of SE land Mr. Hopper of CEI and copied
Messrs. Scarbraugh and Tankard of DWR, Messrs. Dumpor and Novak of DEMLR,
Charlie Johnston and Tom McNay of DER explaining the USACE will be retiring the
PCN application after the February 16, 2017 due to the new information regarding
extent of unauthorized wetland impacts exceeding the impact limit for Nationwide
Permit.
• 02/16/17 Chris Pullingerand Messrs. Tankard and Scarbraugh of DWR WaRO, Shelton Sullivan
of DWR Central Office met with Krysta Styger and Mr. Barnes of USACE, Richard
Peed, James Edwards and Mr. Novak of DEMLR, Kelly Hoyt, Joel Solloman, Lindsey
Hesch, Steve Green, Brad McBride of SE1, Manuel Marquinar, Messrs. McNay and
Johnston of DER, Jay Keller of Keller Environmental, Inc., Brian Smith and Mr.
Hopper of CEI. At conclusion of inspection, DWR and USACE staff explained to DER
and SE1 the extent of unauthorized impacts would need to be reestablished via soil
borings through existing fill.
• 02/17/17 Mr. Hooper with CEI sent an email to Messrs. Scarbraugh and Tankard of DWR
WaRO, Mr. Barnes of USACE and Ms. Hesch of SE1 requesting a withdraw of the
PCN application per the direction of DWR.
02/22/17 DWR issued a Notice of Violation with Recommendation for Enforcement (NOVRE)
to DER and SE1 for failure to secure a 401 Water Quality Certification and Wetland
Standard violation.
• 03/09/17 Mr. McNay of DER sent an email to Messrs. Scarbraugh and Tankard of DWR WaRO,
Mr. Barnes of USACE and Tim Hayes of DER with a response to the NOVRE and plan
of action.
• 03/09/17 Sara Kanipe with Beveridge & Diamond, P.C. (BD), (legal counsel for SEl), emailed Mr.
Tankard of DWR WaRO requesting an extension to prepare a response to NOVRE.
• 03/12/17 Peter Anderson with BD, (legal counsel for SE1), emailed Mr. Tankard of DWR WaRO
concerning a status update on the extension request to prepare a response to NOVRE.
• 03/14/17 Mr. Tankard of DWR WaRO sent a response to Mr. Anderson of BD via email extending
the response deadline to April 8, 2017.
• 04/10/17 Mr. Anderson of BD, legal counsel for SE1, emailed Mr. Tankard of DWR WaRO a
response to the NOVRE of behalf of SE1. Within the response, SE1 provided a
chronology of the Windsor Solar based on available records. In addition, the
response indicated that SE1 was only responsible for engineering, procurement and
construction firm for the project, and tasked with the construction of the solar
facility.
• 04/13/17 DWR and USACE staff were provided a copy of the response to DEMLR Notice of
Violation by email from Mr. McNay of DER.
• 04/17/17 Mr. Hopper of CEI emailed Mr. Scarbraugh of DWR WaRO, Mr. Barnes of USACE and
copied Matt Hooper and Mr. Johnston of DER and Mr. Smith of CEI with the
proposed Windsor Solar Soil Investigation Plan for approval.
• 04/17/17 Mr. Scarbraugh of DWR approved the Windsor Solar Soil Investigation Plan via email
sent to Mr. Hopper of CEI and Mr. Barnes of USACE and copied Matt Hooper and
Mr. Johnston of DER and Mr. Smith of CEI.
• 04/19/17 Messrs. Tankard, May, and Scarbraugh had a conference call with Messrs. Hayes
and McNay of DER to discuss NOVRE status of responses at Windsor Solar and
Bethel Solar sites. Mr. Hayes of DER stated that DER had contractual
documentation that could provide information regarding responsibility of violation
observed at the Bethel Solar site.
• 04/21/17 Mr. Hayes with DER emailed Messrs. Tankard and Scarbraugh of DWR and copied Mr.
Barnes of USACE to the agencies on the progress of the field work and to request an
submittal extension to May 5, 2017.
• 04/24/17 Mr. Scarbraugh of DWR sent an email to Mr. Hayes with DER and copied Mr. McNay of
DER and Mr. Barnes of USACE approving new report submittal date of May 5, 2017.
• 04/27/17 Mr. Scarbraugh of DWR sent an email to Mr. Hayes of DER requesting any additional
information to clarify the party responsible for citing and addressing state and federal
regulations be provided to this Office by May 5, 2017.
• 05/05/17 Mr. Hayes of DER emailed Messrs. Tankard and Scarbraugh requesting a 2nd extension
to June 1, 2017 to allow adequate time to prepare the soil investigation report.
• 05/05/17 Mr. Scarbraugh of DWR received an email from Mr. Hayes of DER confirming the email
receipt. Mr. Hayes requested concurrence from DWR on the restoration plan received
by DWR and USACE on March 31, 2017 and the addendum received on May 5, 2017.
• 05/05/17 DWR and USACE staff were sent an email from Mr. McNay of DER with documentation
of legal agreements between DER and SE1 for the projects at Bethel and Windsor Solar
sites.
• 05/12/17 DWR and USACE staff received a copy of the Soil Investigation Report via email from
Mr. McNay of DER. In addition, Mr. McNay stated that DER is preparing a proposal to
resolve the issue with an anticipated submittal of following week.
• 05/15/17 DWR and USACE staff received a copy of the proposed resolution via email from Mr.
McNay of DER.
• 05/16/17 Mr. Scarbraugh of DWR sent an email response to Mr. McNay of DER confirming the
receipt of Windsor Solar Soil Investigation Report and associated proposed resolution.
In addition, Mr. Scarbraugh stated that after completing the review that DWR would
prepare a regulatory response.
• 05/19/17 Mr. Hayes of DER emailed DWR and USACE requesting a conference call to discuss the
Soil Investigation Report and proposed resolution.
• 05/25/17 Messrs. Tankard and Scarbraugh of DER, Mr. Barnes of USACE participated in a
conference call with Messrs. Hayes, Johnston, and McNay of DER and Mr. Smith of CE.
• 06/05/17 Mr. Hayes of DER contacted Mr. Scarbraugh of DWR via telephone to discuss Bethel
Solar restoration plan and Windsor Solar restoration completion date of December 1,
2017. Mr. Scarbraugh explained to Mr. Hayes that an extension request could be
granted in adequate justification is provided.
• 06/05/17 Mr. Scarbraugh with DWR followed up the telephone conversation with an email to
Mr. Hayes of DER stating that if the restoration activities cannot be completed by
December 1, 2017 then an extension request will need to be submitted to DWR to with
documentation to justify the extension.
• 06/13/17 Mr. Johnson of DER sent an email to DWR and USACE staff requesting a conference call
to discuss Bethel Solar and Windsor Solar restoration.
• 06/29/17 Mr. Hayes emailed DWR and USACE staff a map depicting the extent of jurisdictional
waters and possible restoration and permitting scenario prior to conference call
scheduled for June 30, 2017.
• 06/30/17 Messrs. Tankard and Scarbraugh of DER, Mr. Barnes of USACE participated in a
conference call with Messrs. Hayes, Johnston, and McNay of DER and Mr. Smith of CE.
After the conference call, it was decided to have a follow up meeting to resolve the
NOVRE and UA from the respective agencies.
Photographs of Site Inspection conduct on February 15, 2017 at Windsor Solar in Bertie
County
of violation area.
Photographs of Site Inspection conduct on February 15, 2017 at Windsor Solar in Bertie
County
Photograph #2: Exposure of channel through area of wetland that has been filled, graded and
grubbed.
Photographs of Site Inspection conduct on February 15, 2017 at Windsor Solar in Bertie
County
Photograph 44: Exposure of drainage channel in wetland area that has been filled, graded and
grubbed.
Photographs of Site Inspection conduct on February 15, 2017 at Windsor Solar in Bertie
County
Photograph #5: Exposure of southern extent drainage channel leading to culvert.
CAROLINA
ECOSYSTEMS, INC.
Mr. Kyle Barnes
Washington Regulatory Field Office
US Army Corps of Engineers
2407 West 51h St.
Washington, North Carolina 27889
3040 NC Hwy 42 West; Clayton, NC 27520
P:919-606-1065 — F:919-585-5570
RE: Pre -Construction Notification —Nationwide Permit 39
Windsor Solar
Windsor, Bertie County, North Carolina
Dear Mr. Barnes,
RECEIVE6A01219 iUIM16
DEC 15 2016
Water Quality Regional
Operations Section
Washington Regional Office
201610,17
Carolina Ecosystems, Inc., on behalf of SunEnergyl, has prepared the attached Pre -Construction
Notification (PCN) for the above referenced project for a Clean Water Act Section 404
Nationwide Permit 39.
This is an after -the -fact permit application because the solar site has already been installed.
SunEnergyl recognized this oversight and immediate steps were taken to notify you and prepare
the appropriate documents.
The attached PCN form provides information for use in your review of the impact to one wetland
associated with this site. Supplemental information is provided in this cover letter. Additional
information is contained in the attachments including a Vicinity map, USGS map, and
Jurisdictional Features map.
Proposed Impacts and Mitigation
Only one impact is associated with this project: 0.31 ac of wetland (WA on attached
Jurisdictional Features Map). This riparian wetland was forested before being cleared and filled
for the installation of solar panels. Compensatory mitigation will be required through an in -lieu
fee program (Attachment 5). Sediment and erosion control measures were implemented
according to NC requirements, and approved by NCDEQ prior to implementation.
Mr. Kyle Barnes
Windsor Solar PCN
Page 2 of 2
December 8, 2016
If you have any questions or need additional information, please contact me at your earliest
convenience at (919) 274-5979 or chris.hopper@carolinaeco.com.
Sincerely,
Carolina Ecosystems, Inc.
Chris Hopper
Senior Environmental Scientist
Copied: Ms. Karen Higgins, NC Division of Water Resources
Attachment List:
1- Figure L Vicinity Map
2- Figure 2. USGS Map
3- Figure 3.Jurisdictional Features Map
4- Agent Authorization Form
5- In -Lieu Fee Program Approval Letter
O�Q4 W ATES,
p&
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Pre -Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing
Is.
Type(s) of approval sought from the Corps:
❑X Section 404 Permit ❑ Section 10 Permit
1 b.
Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number:
1c.
Has the NWP or GP number been verified by the Corps?
❑ Yes ❑X No
1d.
Type(s) of approval sought from the DWQ (check all that apply):
❑X 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
le.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
❑ Yes ❑X No
For the record only for Corps Permit:
❑ Yes ❑X No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in -lieu fee program.
❑X Yes ❑ No
1g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1h
below.
(] yes [_1 No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ❑X No
2.
Project Information
2a.
Name of project:
Windsor Solar Site
2b.
County:
Bertie
2c.
Nearest municipality / town:
Windsor, NC
2d.
Subdivision name:
2e.
NCDOT only, T.I.P. or state project no:
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Bertie County -Town of Windsor
3b.
Deed Book and Page No.
815/288
3c.
Responsible Party (for LLC if
applicable):
Scott Saver, County Manager
3d.
Street address:
PO Box 530
3e.
City, state, zip:
Windsor, NC 27983
3f.
Telephone no.:
3g.
Fax no.:
16
3h.
Email address:
40EQ-�AiE
Page 1 of 10
PCN Form — Version 1.4 January 2009
4.
Applicant Information (if different from owner)
4a.
Applicant is:
❑X Agent ❑ Other, specify:
4b.
Name:
Eric Schultz
4c.
Business name
(if applicable):
SunEnergyl
4d.
Street address:
6750 NC-30
4e.
City, state, zip:
Bethel, NC 27812
4f.
Telephone no.:
252-825-1731
4g.
Fax no.:
4h.
Email address:
info@sunenergyl.com
5.
Agent/Consultant Information (if applicable)
5a.
Name:
Chris Hopper
5b.
Business name
(if applicable):
Carolina Ecosystems Inc.
5c.
Street address:
3040 NC Hwy 42 W
5d.
City, state, zip:
Clayton, NC 27520
5e.
Telephone no.:
919-274-5979
5f.
Fax no.:
5g.
Email address:
chris.hopper@carolinaeco.com
Page 2 of 10
B.
Project Information and Prior Project History
1.
Property Identification
la.
Property identification no. (tax PIN or parcel ID):
6811-91-2894
1 b.
Site coordinates (in decimal degrees):
I Latitude: 35.9627 Longitude:-76.9069
1c.
Property size:
21.8 acres
2.
Surface Waters
2a.
Name of nearest body of water to proposed project:
Cashie River
2b.
Water Quality Classification of nearest receiving water:
C; Sw
2c.
River basin:
Roanoke
3.
Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The site is a maintained solar farm that is already covered in rows of solar panels. It is adjacent to the Bartle County Correctional Institution and is
surrounded by forested areas including a pine plantation to the east and the Cashie River floodplain to the south.
3b.
List the total estimated acreage of all existing wetlands on the property: 0.31
3c.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 0
3d. Explain the purpose of the proposed project:
This is an after -the -fact permit for land clearing and filling for the installation of the solar farm.
3e. Describe the overall project in detail, including the type of equipment to be used:
Land was cleared and filled to grade to install solar panels. Erosion control devices were installed within and around the project area. Construction
was accomplished using excavators, backhoes, and dump trucks.
4.
Jurisdictional Determinations
4a.
Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (includingall prior phases)in the past?
0 Yes ❑ No ❑ Unknown
Comments:
4b.
If the Corps made the jurisdictional determination, what type
of determination was made?
0 preliminary El Final
4c.
If yes, who delineated the jurisdictional areas?
Name (if known): Brian Smith
Agency/Consultant Company: Carolina Ecosystems Inc.
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
The delineation was verified by Kyle Barnes of the US Army Corps of Engineers on September 14, 2016. The preliminary jurisdictional determination
is being submitted concurrently with the permit application.
S.
Project History
5a.
Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
❑Yes 0 No El Unknown
5b.
If yes, explain in detail according to "help file" instructions.
6.
Future Project Plans
6a.
Is this a phased project?
❑ Yes 0 No
6b.
If yes, explain.
Page 3 of 10
PCN Form — Version 1.4 January 2009
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑X Wetlands ❑ Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
Wetland impact
number
Permanent (P) or
Tempora T
2b.
Type of impact
2c.
Type of wetland
2d.
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f.
Area of
impact
(acres)
W1 P
Fill
Non -Tidal Freshwater Marsh
Yes
Corps
0.31
W2 -
Choose one
Choose one
Yes/No
-
W3 -
Choose one
Choose one
Yes/No
-
W4 -
Choose one
Choose one
Yes/No
-
W5 -
Choose one
Choose one
Yes/No
-
W6 -
Choose one
Choose one
Yes/No
-
2g. Total Wetland Impacts:
0.31
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
Stream impact
number
Permanent (P) or
Temporary (T)
3 b.
Type of impact
3c.
Stream name
3d.
Perennial (PER) or
intermittent (INT)?
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
39.
Impact
length
(linear
feet)
S1 -
Choose one
-
-
S2 -
Choose one
-
-
S3 -
Choose one
S4 -
Choose one
-
-
S5 -
Choose one
-
-
S6 -
Choose one
-
-
3h. Total stream and tributary impacts
3i. Comments:
Page 4 of 10
PCN Form — Version 1.4 January 2009
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then indiv ually list all open water impacts below.
4a.
Open water
impact number
Permanent(P)or
Temporary T
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01 -
Choose one
Choose
02 -
Choose one
Choose
03 -
Choose one
Choose
04 -
Choose one
Choose
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
P1
Choose one
P2
Choose one
5f. Total:
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
51. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a. Project is in which protected basin?
❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other:
6b.
Buffer Impact
number—
Permanent (P) or
Temporary T
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet)
6g.
Zone 2
impact
(square
feet
Bt -
Yes/No
B2 -
Yes/No
B3 -
-
Yes/No
84 -
Yes/No
B5 -
Yes/No
B6 -
Yes/No
6h. Total Buffer Impacts:
6i. Comments:
Page 5 of 10
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The site is located outside of the Cashie River 100-year Floodplain and impacts less than 0.5 acre of wetlands. The overall disturbance to the wetland
is minor and allows the area to still maintain some wetland functions.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Sediment and erosion control measures were implemented during construction. The solar farm was graded to prevent non -diffuse Flow.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
❑X Yes ❑ No
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ X❑ Corps
2c. If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
❑X Payment to in -lieu fee program
❑ Permiltee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type: Choose one
Type: Choose one
Type: Choose one
Quantity:
Quantity:
Quantity:
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑X Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
Choose one
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
0.31 acres
4f. Non -riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form — Version 1.4 January 2009
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) —required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
❑ Yes X❑ No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 7 of 10
E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
la.
Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ❑X No
within one of the NC Riparian Buffer Protection Rules?
1 b.
If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑ No
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
1
2b.
Does this project require a Stormwater Management Plan?
❑ Yes ❑X No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why:
The overall imperviousness of this project is below the storm water management plan triggers.
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
2e.
Who will be responsible for the review of the Stormwater Management Plan?
3.
Certified Local Government Stormwater Review
3a.
In which localgovernment's jurisdiction is thisproject?
❑ Phase II
3b.
Which of the following locally -implemented stormwater management programs
❑ NSW
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c.
Has the approved Stormwater Management Plan with proof of approval been
❑Yes ❑ No
attached?
4. DWQ Stormwater Program Review
OCoastai counties
❑HQW
4a.
Which of the following state -implemented stormwater management programs apply
ORW
(check all that apply):
Session Law 2006-246
[-]Other:
4b.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
6.
DWQ 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b.
Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 8 of 10
PCN Form — Version 1.4 January 2009
F.
Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
la.
Does the project involve an expenditure of public (federal/state/local) funds or the
❑ Yes No
use of public (federal/state) land?
1 b.
If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
El Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c.
If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.)
❑ Yes ❑ No
Comments:
2.
Violations (DWQ Requirement)
2a.
Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑ Yes ❑X No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b.
Is this an after -the -fact permit application?
❑X Yes ❑ No
2c.
If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
This
is an after -the -fact permit for the wetland impact during the construction and operation of the solar farm. SunEnergyl recognized this oversight
and immediate steps were taken to notify the USACE Raleigh Field Office, conduct an on -site review and jurisdictional determination, and prepare
this PCN.
3.
Cumulative Impacts (DWQ Requirement)
3a.
Will this project (based on past and reasonably anticipated future impacts) result in
El Yes ❑X No
additional development, which could impact nearby downstream water quality?
3b.
If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4.
Sewage Disposal (DWQ Requirement)
4a.
Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Page 9 of 10
PCN Form — Version 1.4 January 2009
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
Yes ❑X No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑x Yes ❑ No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
Raleigh
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
USFWS websile (hftps:/Iwww.fws.gov/raleigh/species/mtylist/bertie.htmi) for Bertie County.
North Carolina Natural Heritage Program GIS data updated June 2016.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ❑X No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
NOAA EFH Mapper
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ❑X No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
HPOWEB Map Service (http://gis.ncdcr.gov/hpoweb) and National Register of Historic Places (http:/Iwww.nps.gov/nr/research).
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
❑ Yes ❑X No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?
Bertie County GIS floodplain mapping, NC Floodplain Mapping program (http://www.ncfloodmaps.com).
Applicant/Agent's Printed Name
Date
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization
letter from the applicant is rovided.
Page 10 of 10
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CAROLINA
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Number(s) (PM
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3040 NC Hwy 42 West; Clayton, NC 27520
P:919-359-1102 — F:919-585-5570
City: State: p County; -- �._Property Size (Acres):
Fromm Qwner information
Owner. Authorized Agent*: ❑
Name:
Title:
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Street Address: ,., '.p _ m 'a - 1 ou �.�...-._._.c _
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._.
*Written proof of authorization from owner required.
MMUMM
I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize
representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein
described for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the
U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors
Act of 189%
Additionally, I hereby grant Carolina Ecosystems, Inc. (CEI) staff, their designated contractors and representatives, as
well as other Federal, State or local authorities access to the above referenced property when necessary for the purposes of
conducting on -site environmental consulting services. I also grant CEI the authority to act as authorized agent on behalf of
the owner of the above listed property for the communication, submission, and/or application to relevant government
entities, including local, state, and federal authorities, for the review, acceptance, concurrence, and/or approval of
environmental information, documents, and/or permit requests concerning the above listed property. These services may
include regulatory determinations of environmental features on my property such as issuing a determination associated
with streams and wetlands. I certify that I am the legal owner or authorized agent of the legal owner of the above property
and have authority to grant such access. I have made CEI aware of, and supplied all available records related to, previous
environmental investigations on the subject property of which I have knowledge.
Owner/Agent (signature)
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1�:
Mitigation Services
ENVINONNEN rAL OUALII'Y
Eric Shultz
SunEnergyl
6750 NC Highway 30
Bethel, NC 27812
Project: Windsor Solar Site
PAT MCCRORY
(1011-111.
DONALD R. VAN DER VAART
September 27, 2016
Expiration of Acceptance: March 27, 2017
County: Bartle
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept
payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the
table below. Please note that this decision does not assure that participation in the DMS in -lieu fee mitigation
program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility
of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must
also comply with all other state, federal or local government permits, regulations or authorizations associated with
the proposed activity including G.S. § 143-214.11,
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the issued 404 Permit/401 Certification/CAMA permit within this time frame, this
acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS
receives a copy of the permit(s) an invoice will be issued based on the required mitigation In that permit and
payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an
applicant is calculated based upon the Fee Schedule and policies listed at http:llportal,ncdenr.org/web/eep.
Based on the information supplied by you in your request to use the DMS, the impacts that may require
compensatory mitigation are summarized in the following table. The amount of mitigation required and assigned
to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below.
Impact
River Basin CU Location
j
Stream (feet) Wetlands (acres)
B uffer 1
Buffer II
(g-digit HUC)
(Sq. Ft.)
(Sq. Ft.)
Cold Cool
Warm R_i avian 1 Non-Ri adan
Coastal Marsh
_Roanoke _ 03010107
0 0
00.31 0
0
0
0
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation
will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010 and 15A NCAC
026 .0295 as applicable. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any
questions or need additional information, please contact Kelly Williams at (919) 707-8915.
Sincerely,
Janes. Stanfill
Asse anagement Supervisor
cc: Kyle Barnes, USACE- Asheville
Chris Hopper/Matt Cleary- agent
StateofNonh Carolina Environmental Quality i Mitigation Services
1652 Mail Service Center 1 Raleigh, NC 27699-1652 1217 W. Jones Stme Sude 3000
919 707 8976 T
From:
Barnes, Kyle W CIV USARMY CESAD (US) <Kyle.W.Barnes@usace.army.mil>
Sent:
Monday, December 19, 2016 10:01 AM
To:
Chris Hopper; Scarbraugh, Anthony
Cc
'Eric Schudt'
Subject:
RE: [EXTERNAL] RE: Windsor Solar
Chris,
Thank you for updating me on the information. I will contact the USFW and discuss this project with the existing
information supplied with the submittal. Due the nature of this being an After the Fact application I do need to go
through the coordination process to cover my review of the federal regulations. Once I have done that I will contact you
if there are any issues or permit the project.
Kyle
Kyle Barnes
Regulatory Specialist
US Army Corps of Engineers
Wilmington District
Washington Field Office
910-251-4584
We at the U.S. Army Corps of Engineers Regulatory Branch are committed to improving service to our customers. We
would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is
located at:
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 <http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0>
Thank you for taking the time to visit this site and complete the survey.
-----Original Message -----
From: Chris Hopper[mailto:chris.hopper@carolinaeco.com]
Sent: Monday, December 19, 2016 9:39 AM
To: Barnes, Kyle W CIV USARMY CESAD (US) <Kyle.W.Barnes@usace.army.mil>; 'Scarbraugh, Anthony'
<anthony.scarbraugh@ncdenr.gov>
Cc: 'Eric Schudt' <eric.schudt@sunenergyl.com>
Subject: [EXTERNAL] RE: Windsor Solar
Good Morning, Everyone:
Kyle and I are playing phone -tag on this one. For everyone's benefit, I'm sending along our response to ensure no delay
in review. Once we're able to speak about steps to shake this loose, I'll copy everyone on the resolution.
This project was built prior to the listing of NLEB. No additional clearing has occurred or is proposed. A review of Google
Earth historic photos will show that as of January 19, 2014, the site had been built. The NLEB was listed on April 2, 2015.
Thanks in advance for communicating any outstanding concerns at your earliest convenience.
Happy Holidays,
Chris
Chris Hopper
CAROLINA ECOSYSTEMS INC.
(919)274-5979
www.carolinaeco.com
-----Original Message -----
From: Barnes, Kyle W CIV USARMY CESAD (US)[mailto:Kyle.W.Barnes@usace.army.mil]
Sent: Thursday, December 15, 2016 12:32 PM
To: Chris Hopper <chris.hopper@carolinaeco.com>; Scarbraugh, Anthony <anthony.scarbraugh@ncdenr.gov>
Cc: Eric Schudt <eric.schudt@sunenergyl.com>
Subject: Windsor Solar
Chris,
I have received the NWP application for the after the fact impacts associated with the SunEnergyl installation of
Windsor Solar. I reviewed the PCN and noticed that the Endangered Species section is incorrect and does not provide
sufficient information to make a determination that the project does not have an effect on endangered species. The
Northern Long Eared Bat (NLEB) is a listed endangered species by the USFW. You indicated that you reviewed the USFW
website and contacted the Raleigh Office for conformation that the project is in compliance with Section 7 of the
Endangered Species Act. Did you receive any documentation indicating that you had discussed the project and they
agreed there would be "No Effect' to endangered species because Bertie County is listed as a county with accounts of
NLEB. This link takes you to the information I described above and is part of the Raleigh Field Office website,
httPs://www.fws.gov/raleigh/NLEB—RFO.html.
If you do not have information that you can provide indicating that a "No Effect' determination was made I will have to
consider the current request as incomplete. Coordination with the USFW is required to complete a permit decision and
potentially resolve any Endangered Species issues of concern.
Let me know if you have that information or have coordinated with the USFW on this topic.
If you have any questions please feel free to contact me at the number listed below or by email.
Kyle
Kyle Barnes
Regulatory Specialist
US Army Corps of Engineers
Wilmington District
Washington Field Office
910-251-4584
We at the U.S. Army Corps of Engineers Regulatory Branch are committed to improving service to our customers. We
would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is
located at:
httP:Hcorpsmapu.usace.army.mil/cm_apex/f?p=136:4:0
<httP:Hcorpsmapu.usace.army.mil/cm_apex/Pp=136:4:0>
Thank you for taking the time to visit this site and complete the survey.
ROY COOPER
- ` - -
Governor
Environmental
Quolity
- January 9, 2017
D W R # 2016-1217
Berne County
CERTIFIED MAIL: 7016 0750 0001090177945
RETURN RECEIPT REQUESTED
SunEnergy 1,1LC.
Attni Mr. EricSchudt
6750 NC-30
Bethel, NC 27812
Subject:, REQUEST FOR ADDITIONAL INFORMATION
Windsor Solar
Dear Mr.Schudt:
On December 9, 2017, the Division of Water Resources (Division) received your application dated
December 9, 2016, requesting an after -the -fact 401 Water Quality. Certification from the Division for the
subject project, The Division has determined that your application is incomplete and cannot be
processed. the application is on -hold until all of the following Information Is received:
1. Coordination with US Army Corps of Engineers
• A complete review of the project cannot be,conducted until the U.S. Army Corps. of.
Engineers has verifiedall wetland locations for the project and a copyof.the approved
jurisdictional determination is received by this Office. A review of historical documentation
provided by the .Division of Energy, Mining and Land Resources indicate: the extent of
wetlands present prior to the unauthorized impacts were more extensive than depicted in
Figure 3 of the Pre -Construction Notification Application. [15A NCAC 02H .0502(a)(7))
2. Plan Details
• Please enumerate all wetland stream impacts including on the site plan and clearly label.
impacts (Wetland Impact 1, etc.). The Division recommends highlighting by hatching or
shading all impacts areas for temporary impact areas and permanent impact areas.
[15A NCAC 02H .050M(g)].
3. Impact Justification (Avoidance and Minimization)
Please provide more details regarding avoidance and minimization of wetland impacts associated
with the after -the -fact authorization for the construction of a solar project. Specifically, please
explain why the.mcessary for 401-certification was not requested prior to the unauthorized
impacts. [15A NCAC 02H .0506(f) and (g)j
^Alotiv'tn$ Osrnhparesn�
State of Nor9t Carolina I Environmental Quality I Water Resources I Water Quality Regional Operations Section
945 Washington Square Mall I Washington I Nortb Carolina 27889'.
252-946-6481
• This should include alternative designs and layouts of the project area.
• This Office believe's that the wetland impact on the plan can be moved or reconfigured to avoid
the impacts to -the 401/404 wetland. Please revise the plans to avoid the impacts or provide a
detailed explanation of why this plan for the activity cannot be practically accomplished, reduced
or reconfigured to avoid impacts to the 401/404 wetlands.
Pursuant to 15A NCAC 02H .0502(a)(7), 15A NCAC 02H .0506(f) and (g), the applicant shall furnish all of
the above requested information for the proper consideration of the application. If all of the requested
information is not received in writing within 30 calendar days of receipt of this letter, the Division will be
unable to approve the application and it will be returned. The return of this project will necessitate I
reapplication to the Division for.approval, including a complete application package and the appropriate
fee.
Please respond in writing within 30 calendar days of receipt of this letter by sending three copies of all
of the above requested information to the 401 & Buffer Permitting Unit, 1617 Mail Service Center,
Raleigh, NC 27699-1617.
Please be aware that you'have.no authorization under Section 401 of the Clean Water Act for this activity
and any work done within waters of the state and buffer may be a violation of North Carolina General
Statutes and Administrative Code.
Please contact Anthony Scarbraugh at 252-948-3924 or anthonv.scarbraush@ncdenr.eov if you have
any questions or concerns.
Sincerely,
t
Robert 4Tankard, Assistant Regional Supervisor
Water Quality Regional Operation Section
Division of Water Resources, NCDEQ
Enclosure: Figure C2.1 and Figure 3
cc: Kyle Barnes, USACE Washington Regulatory Field Office (via email)
Samir Dumpor, DEMLR WaRO (via email)
DWR WaRO 401 files
Laserfiche
Mr. Tom McNay, Vice President, Duke Energy Renewabies NC Solar, LLC,
550 South Tryon Street, Charlotte, NC 28202
Scott Saver, County Manager, Bertie County -Town of Windsor,
PO Box 530, Windsor, NC 27983
Chris Hooper, Carolina Ecosystems; Inc., 3404 NC Hwy 42 W, Clayton, NC 27520
Anth
From:
Barnes, Kyle W CIV USARMY CESAW (US) <Kyle.W.Barnes@usace.army.mil>
Sent:
Wednesday, January 18, 2017 3:11 PM
To:
Eric Schudt; Chris Hopper
Cc:
Scarbraugh, Anthony, Dumpor, Samir
Subject:
Windsor Solar Site
Eric,
This correspondence is to inform you that new information has surfaced indicating that the wetlands on the Windsor
Solar site, for which you have submitted an after -the -fact PCN application for wetland fill, are potentially more extensive
than identified during our site visit on September 14, 2016. At this point your application requesting to permit existing
fill within wetlands on the site is still incomplete.
It is my suggestion that we conduct another site visit with the new information to identify the extent of the jurisdictional
areas on the site. Additionally it would be beneficial to include the Division of Water Resources and a representative
from DEMLR to discuss all permitted activities that have taken place on the site.
Kyle
Kyle Barnes
Regulatory Specialist
US Army Corps of Engineers
Wilmington District
Washington Field Office
910-251-4584
We at the U.S. Army Corps of Engineers Regulatory Branch are committed to improving service to our customers. We
would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is
located at:
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 <http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0>
Thank you for taking the time to visit this site and complete the survey.
Scarbraugh, Anthony
From: Barnes, Kyle W CN USARMY CESAW (US) <Kyle.W.Barnes@usace.army.mil>
Sent: Wednesday, January 25, 2017 10:57 AM
To: Eric Schudt; Scarbraugh, Anthony, Chris Hopper
Cc: Dumpor, Samir; Brian Smith; May, David; Tankard, Robert; Novak, Gary; Johnston,
Charlie; McNay, Tom
Subject: RE: Windsor Solar Site
Eric,
At this point with the new information that has come to light it is likely that the Corps will be retiring your application for
a Nationwide Permit (NWP) for existing impacts to Waters and Wetlands of the US. New information indicates that the
impact area is larger than what could have been allowed under our NWP thus nullifying the original application. I will not
officially retire the file until after the site visit on February 16th giving us the opportunity to review potential impacts we
were unaware of during the last site visit.
Kyle
Kyle Barnes
Regulatory Specialist
US Army Corps of Engineers
Wilmington District
Washington Field Office
910-251-4584
We at the U.S. Army Corps of Engineers Regulatory Branch are committed to improving service to our customers. We
would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is
located at:
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 <http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0>
Thank you for taking the time to visit this site and complete the survey.
-----Original Message -----
From: Eric Schudt[mailto:eric.schudt@sunenergyl.com)
Sent: Wednesday, January 25, 2017 10:23 AM
To: Scarbraugh, Anthony <anthony.scarbraugh@ncdenr.gov>; Barnes, Kyle W CIV USARMY CESAW (US)
<Kyle.W.Barnes@usace.army.mil>; Chris Hopper <chris.hopper@carolinaeco.com>
Cc: Dumpor, Samir <samir.dumpor@ncdenr.gov>; Brian Smith <brian.smith@carolinaeco.com>; May, David
<david.may@ncdenr.gov>; Tankard, Robert <robert.tankard@ncdenr.gov>; Novak, Gary <gary.novak@ncdenr.gov>;
Johnston, Charlie <Charlie.Johnston@duke-energy.com>; McNay, Tom <Tom.McNay@duke-energy.com>
Subject: [EXTERNAL) Re: Windsor Solar Site
Folks,
Unless someone has an issue, we will schedule it for February 16th at 10 am on site.
I believe this is past the 30 day deadline for submittal of more information. Is it safe to assume that have an extension of
the deadline?
Thanks.
Eric Schudt I Environmental Civil Engineer
0: (252) 825-1731 1 F: (252) 825-0018 1 M: (980) 225-6665
6750 NC Highway 30 East, Bethel, NC 27812 Blockedwww.sunenergyl.com <Blockedhttp://www.sunenergyl.com/>
Eric.Schudt <mailto:eric.schudt@sunenergyl.com>@sunenergy
<mailto:eric.schudt@sunenergyl.com>l.com
<mailto:eric.schudt@sunenergyl.com>
On 1/23/17, 11:01 AM, "Scarbraugh, Anthony"
<anthony.scarbraugh@ncdenr.gov> wrote:
>All,
>I concur with Mr. Barnes.
>Anthony
>Anthony Scarbraugh
>Environmental Senior Specialist
>Division of Water Resources Water Quality Regional Operations
>Department of Environmental Quality
>252 948 3924 office
>anthony.scarbraugh@ncdenr.gov
>943 Washington Square Mall
>Washington, NC 27889
>Email correspondence to and from this address is subject to the North
>Carolina Public Records Law and may be disclosed to third parties.
>----- Original Message -----
>From: Barnes, Kyle W CIV USARMY CESAW (US)
>[mailto:Kyle. W.Barnes@usace.army.mil]
>Sent: Monday, January 23, 2017 10:54 AM
>To: Scarbraugh, Anthony<anthony.scarbraugh@ncdenr.gov>; Chris Hopper
><chris.hopper@carolinaeco.com>; Johnston, Charlie
><Charlie.Johnston@duke-energy.com>; Eric Schudt
><eric.schudt@sunenergy1.com>
>Cc: Dumpor, Samir <samir.dumpor@ncdenr.gov>; Brian Smith
><brian.smith@carolinaeco.com>; May, David <david.may@ncdenr.gov>;
>Tankard, Robert <robert.tankard@ncdenr.gov>; Novak, Gary
><ga ry. nova k @ n cd e n r.gov>
>Subject: RE: Windsor Solar Site
>I have all of the same dates available except the 20th. It is my
>suggestion if schedules work to shoot for the 16th.
>Kyle
>Kyle Barnes
>Regulatory Specialist
>US Army Corps of Engineers
>Wilmington District
>Washington Field Office
>910-251-4584
>We at the U.S. Army Corps of Engineers Regulatory Branch are committed
>to improving service to our customers. We would appreciate your
>feedback on how we are performing our duties. Our automated Customer
>Service Survey is located at:
>B locked http:Hcorpsma pu. usace.a rmy. m i I/cm_a pex/f? p=136:4:0
><Blocked http:Hcorpsma pu. usace.a rmy. m i I/cm_a pex/f?p=136:4:0>
>Thank you for taking the time to visit this site and complete the survey.
>----- Original Message -----
>From: Scarbraugh, Anthony [mailto:anthony.scarbraugh@ncdenr.gov]
>Sent: Monday, January 23, 2017 10:37 AM
>To: Chris Hopper <chris.hopper@carolinaeco.com>; Johnston, Charlie
><Charlie.Johnston@duke-energy.com>; Eric Schudt
><eric.schudt@sunenergy1.com>
>Cc: Dumpor, Samir <samir.dumpor@ncdenr.gov>; Barnes, Kyle W CIV USARMY
>CESAW (US) <Kyle.W.Barnes@usace.army.mil>; Brian Smith
><brian.smith@carolinaeco.com>; May, David <david.may@ncdenr.gov>;
>Tankard, Robert <robert.tankard@ncdenr.gov>; Novak, Gary
><gary. novak@ ncdenr.gov>
>Subject: [EXTERNAL] RE: Windsor Solar Site
>Chris and Eric,
>The Division of Water Resources staff are available on February 16, 17,
>20, 21, 22 or 23.
>Thanks,
>Anthony Scarbraugh
>AnthonyScarbraugh
>Environmental Senior Specialist
>Division of Water Resources Water Quality Regional Operations
>Department of Environmental Quality
>252 948 3924 office
>anthony.scarbraugh@ncdenr.gov
>943 Washington Square Mall
>Washington, NC 27889
>Email correspondence to and from this address is subject to the
>North Carolina Public Records Law and may be disclosed to third parties.
4
>From: Chris Hopper [mailto:chris.hopper@carolinaeco.com]
>Sent: Friday, January 20, 2017 2:23 PM
>To: Johnston, Charlie <Charlie.Johnston@duke-energy.com>; Eric Schudt
><eric.schudt@sunenergyl.com>
>Cc: Scarbraugh, Anthony<anthony.scarbraugh@ncdenr.gov>; Dumpor, Samir
><samir.dumpor@ncdenr.gov>; Barnes, Kyle W CIV USARMY CESAW (US)
><Kyle.W.Barnes@usace.army.mil>; Brian Smith
><brian.smith@carolinaeco.com>
>Subject: RE: Windsor Solar Site
>Carolina Ecosystems will also adjust as necessary to attend the site
>visit. Kyle, Samir, and Anthony, please coordinate and advise of your
>earliest mutual opportunity.
>Thanks in advance.
>Regards,
>Chris Hopper
>Carolina Ecosystems
>919.274.5979
>-------- Original message --------
>From: "Johnston, Charlie" <Charlie.Johnston@duke-energy.com
><mailto:Charlie.Johnston@duke-energy.com> >
>Date: 01/20/2017 11:57 (GMT-05:00)
>To: Eric Schudt <eric.schudt@sunenergyl.com
><mailto:eric.schudt@sunenergyl.com> >
>Cc: "Scarbraugh, Anthony" <anthony.scarbraugh@ncdenr.gov
><mailto:anthony.scarbraugh@ncdenr.gov> >, "Dumpor, Samir"
><samir.dumpor@ncdenr.gov <mailto:samir.dumpor@ncdenr.gov> >, "Barnes,
>Kyle W CIV USARMY CESAW (US)" <Kyle.W.Barnes@usace.army.mil
><mailto:Kyle.W.Barnes@usace.army.mil> >, Chris Hopper
><chris.hopper@carolinaeco.com <mailto:chris.hopper@carolinaeco.com> >
>Subject: RE: Windsor Solar Site
>Eric,
>I'll adjust my schedule as necessary to be there.
>Thanks,
>Charlie
>Charles Johnston, PWS, PMP
>Senior Environmental Specialist I Siting & Licensing Support I Duke
>Energy
>Office: 919-546-7323 1 Cell: 919-619-4732
>Charies.Johnston@duke-energy.com
><mailto:Charles.Johnston@duke-energy.com>
>BlockedBlockedwww.duke-energy.com
><Blocked Blocked http://www.duke-energy.com>
>----- Original Message -----
>From: Eric Schudt [mailto:eric.schudt@sunenergyl.com)
>Sent: Friday, January 20, 2017 11:48 AM
>To: Barnes, Kyle W CIV USARMY CESAW (US); Chris Hopper
>Cc: Scarbraugh, Anthony; Dumpor, Samir; Johnston, Charlie
>Subject: Re: Windsor Solar Site
>*** Exercise caution. This is an EXTERNAL email. DO NOT open
>attachments or click links from unknown senders or unexpected email.
>Folks,
>Please let me know your availability so that we can schedule the site
>visit.
>Eric Schudt ( Environmental Civil Engineer
>O: (252) 825-1731 1 F: (252) 825-0018 1 M: (980) 225-6665
>6750 NC Highway 30 East, Bethel, NC 27812
>BlockedBlockedwww.sunenergyl.com
><Blocked Blocked http://www.su nenergyl.co m>
><BlockedBlockedhttp://www.sunenergyl.com/>
>1 Eric.Schudt<mailto:eric.schudt@sunenergyl.com>@sunenergy
><mailto:eric.schudt@sunenergyl.com>l.com
><mailto:eric.schudt@sunenergyl.com>
>On 1/18/17, 3:11 PM, "Barnes, Kyle W CIV USARMY CESAW (US)"
><Kyle.W.Barnes@usace.army.mil <mailto:Kyle.W.Barnes@usace.army.mil> >
>wrote:
»Eric,
>>This correspondence is to inform you that new information has surfaced
>>indicating that the wetlands on the Windsor Solar site, for which you
>>have submitted an after -the -fact PCN application for wetland fill, are
>>potentially more extensive than identified during our site visit on
>>September 14, 2016. At this point your application requesting to
>>permit existing fill within wetlands on the site is still incomplete.
>>It is my suggestion that we conduct another site visit with the new
>>information to identify the extent of the jurisdictional areas on the
>>site. Additionally it would be beneficial to include the Division of
>>Water Resources and a representative from DEMLR to discuss all
>>permitted activities that have taken place on the site.
>>Kyle
>>Kyle Barnes
>>Regulatory Specialist
>>US Army Corps of Engineers
>>Wilmington District
>>Washington Field Office
>>910-251-4584
>>We at the U.S. Army Corps of Engineers Regulatory Branch are committed
>>to improving service to our customers. We would appreciate your
>>feedback on how we are performing our duties. Our automated Customer
>>Service Survey is located at:
>> Blocked Blocked http://corpsma pu. usace.a rmy. m i I/cm_a pex/f? p=136:4:0
>><Blocked Blocked http://corpsma p u.usa ce.a rmy. mi I/cm_a pex/f?p=136:4:0>
»Thank you for taking the time to visit this site and complete the survey.
>CONFIDENTIALITY NOTICE: This email message and any attachments are
>intended only for the person or entity to which it is addressed and may
>contain confidential and/or privileged information. Any unauthorized
>review, use, disclosure or distribution is prohibited. If you are not
>the intended recipient of this email, please contact the sender by
>reply email and delete the original and any copy of this email. If you
>are the intended recipient but do not wish to receive communications by
>email, please so advise the sender immediately.
CONFIDENTIALITY NOTICE: This email message and any attachments are intended only for the person or entity to which
it is addressed and may contain confidential and/or privileged information. Any unauthorized review, use, disclosure or
distribution is prohibited. If you are not the intended recipient of this email, please contact the sender by reply email
and delete the original and any copy of this email. If you are the intended recipient but do not wish to receive
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{
CAROLIN
ECOSYS "Ervi , INC.
Mr. Robert Tankard
Assistant Regional Supervisor
Division of Water Resources, NC DEQ
943 Washington Square Mall
Washington, North Carolina, 27889
3040 NC Hwy 42 West; Clayton, NC 27520
February 17, 2017
RECEIVED/NCDENR/DWR
FEB 17 2017
Water quality Regional
Withdrawal Request: PCN A WashingtonRegio al Office
Windsor Solar D pplication for after -the -fact 401 Approval
> WR # 2016-1217
Dear Mr. Tankard:
Thank you for your time at the site visit yesterday, and for your letter dated January 9, 2017 in
response to our PCN Application for after -the -fact impacts associated with the Windsor Solar
Site in Bertie County, North Carolina.
Due to the documents provided in your letter along with new information presented at the site
visit, we are writing to request a withdrawal of the application received by your office on
December 9, 2016 and assigned NC DWR Project Number 2016-1217. It is our understanding
the project owners are working to remedy these issues through consultation with your office and
the US Army Corps of Engineers.
Thank you again for your time and attention. Please do not hesitate to contact us if we can be of
further assistance.
Regards,
Chris Hopper
Senior Environmental Scientist
Cc:
Mr. Anthony Scarbraugh, NC Division of Water Resources
Mr. Kyle Barnes, US Army Corps of Engineers
Ms. Lindsey Hesch, Sun Energy I
From:
Sent: Chris Hopper <chris.ho
pper: carolinaeco.co n>
To: Friday, February 17' 2017 1141 AM
Scarbrau
9h, Anthony; Tankard, Robert; 'Barnes, Kyle W CIV USARMY CESAD
Subject: Lindsey Hesch'
Attachments: Windsor Solar, Request to Withdraw PCN (US) ,
NCDWR pCN Withdrawal_Request 021717.pdf
Robert/Anthony:
Attached, please find the letter re RECEIVED/NGOENR/DWR
Thank you,
quested to formally withdraw the Windsor Solar application.
FEB 1
Chris Hopper
Senior Scientist
CA ®C NA EC®SYSTEIWS INC.
wy 42 West
Clayton NC 27520
(919)274.5979
www.carolinaeco.com
7 2017
Water ouality Regional
Operations
Washing on Regional office
From: Scarbraugh, Anthony
Sent: Friday, February 17, 2017 1:28 PM
To: 'Chris Hopper'
Cr Peed, Richard; Kyle Barnes; Shelton Sullivan
Subject: RE: Windsor Solar, Request to Withdraw PCN
Attachments: Withdraw of Application for Windsor Solar.pdf
Chris,
The Division of Water Resources considered the subject PCN application withdrawn. Please find the withdraw of the
application letter attached. If you have any further questions or concerns, please feel free to contact me.
Regards,
Anthony Scarbraugh
Anthony Scarbraugh
Environmental Senior Specialist
Division of Water Resources —Water Quality Regional Operations
Department of Environmental Quality
252 948 3924 office
anthony.scarbraugh@ncdenr.gov
943 Washington Square Mall
Washington, NC 27889
f !'1 hlothing Compares,,
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Chris Hopper [mailto:chris.hopper@carolinaeco.com]
Sent: Friday, February 17, 2017 11:41 AM
To: Scarbraugh, Anthony<anthony.scarbraugh@ncdenr.gov>; Tankard, Robert <robert.tankard@ncdenr.gov>; 'Barnes,
Kyle W CIV USARMY CESAD (US)' <Kyle.W.Barnes@usace.army.mil>; 'Lindsey Hesch' <lindsey.hesch@sunenergyl.com>
Subject: Windsor Solar, Request to Withdraw PCN
Robert/Anthony:
Attached, please find the letter requested to formally withdraw the Windsor Solar application.
Thank you,
Chris Hopper
Senior Scientist
CAROLINA ECOSYSTEMS INC.
3040 NC Hwy 42 West
Clayton NC 27520
(919)274-5979
www.carolinaeco.com
Water Resources
Environmental Quality
February 17, 2017
SunEnergyl
Attn: Mr, Kelly Hoyt
6750 NC-30
Bethel, NC 27812
Subject: WITHDRAWAL OF APPLICATION
Windsor Solar
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Director
D W R # 2016-1217
Bertie County
Dear Mr. Hoyt:
On December 9, 2016, you requested a 401 Water Quality Certification from the Division of Water Resources
(Division). On February 17, 2017 the Division received a request from you to withdraw the current application.
Therefore, your file is hereby considered withdrawn.
Please be aware that you have no authorization under Section 401 of the Clean Water Act for this activity and
any work done within waters 'of the state may be a violation of North Carolina General Statutes and
Administrative Coder
Please contact Anthony Scarbraugh at 252-948-3924 or anthonv.scarbraughra)ncdenrgov if you have any
questions or concerns.
Sincerely,
Robert Tankard, Assistan Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
cc: Kyle Barnes, USACE Washington Regulatory Field Office (via email)
Richard Peed, DEMLR WaRO (via email)
Laserfiche
File
Mr. Tom McNay, Vice President, Duke Energy Renewables NC Solar, LLC,
550 South Tyron Street, Charlotte, NC 28202
Scott Saver, County Manager, Bertie County -Town of Windsor,
PO Box 530, Windsor, NC 27983
Chris Hooper, Carolina Ecosystems, Inc. (via email: chris.hopper@carolinaeco.com)
�" Nothing Compares'" -
State ofNorth -Carolina I Environmental QualityI Water Resources -Water Quality Regional Olarations Section -Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889
252.946-64R1 - -
Water Resources
Environmental Quality
SunEnergyl
Attn: Mr. Kelly Hoyt
6750 NC-30
Bethel, NC 27812
Subject:
Dear Mr. Hoyt:
February 17, 2017
WITHDRAWAL OF APPLICATION
Windsor Solar
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Director
D W R # 2016-1217
Bertie County
On December 9, 2016, you requested a 401 Water Quality Certification from the Division of Water Resources
(Division). On February 17, 2017 the Division received a request from you to withdraw the current application.
Therefore, your file is hereby considered withdrawn.
Please be aware that you have no authorization under Section 401 of the Clean Water Act for this activity and
any work done within waters 'of the state may be a violation of North Carolina General Statutes and
Administrative Code.
Please contact Anthony Scarbraugh at 252-948-3924 or anthonv.scarbraugh@ncdenr.aov if you have any
questions or concerns.
Sincerely,
74-4 Z
Robert Tankard, Assistan Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
cc: Kyle Barnes, USACE Washington Regulatory Field Office (via email)
Richard Peed, DEMLR WaRO (via email)
Laserfiche
File
Mr. Tom McNay, Vice President, Duke Energy Renewables NC Solar, LLC,
550 South Tyron Street, Charlotte, NC 28202
Scott Saver, County Manager, Bertie County -Town of Windsor,
PO Box 530, Windsor, NC 27983
Chris Hooper, Carolina Ecosystems, Inc. (via email: chris.hopper@carolinaeco.com)
Nothing Compares'--._
State of North Carolina I Environmental Quality I Water Resources -Water Quality Regional operations Section -Washington Regional Office
943 Washington Square Mall, Washington, North. Carolina 27889
252-946-6481
Scarbraugh, Anthony
From: Scarbraugh, Anthony
Sent: Tuesday, February 07, 2017 9:22 AM
To: Sullivan, Shelton
Cc: Maher, Niki
Subject: RE: Sun Energy compliance/ enforcement site meeting with Anthony- Shelton and/ or
Niki
Attachments: Windsor Solar.pdf, Aulander Solar.pdf
Shelton and Niki,
The lat and long for and address for the two solar sites are as follows:
Windsor Solar
35.962694 N, 76.906679 W
218 Cooper Hill Rd, Windsor (Bertie Correctional Institution)
Aulander Solar
36.253576 N, 77.079331 W
SW Intersection of NC 11-5 and Joe Holloman Rd, Aulander, NC
Anthony Scarbraugh
Environmental Senior Specialist
Division of Water Resources —Water Quality Regional Operations
Department of Environmental Quality
252 948 3924 office
anthony.scarbraugh@ncdenr.gov
943 Washington Square Mall
Washington, NC 27889
Nothing Compares
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Sullivan, Shelton
Sent: Monday, February 06, 2017 12:15 PM
To: Scarbraugh, Anthony <anthony.scarbraugh@ncdenr.gov>
Subject: Sun Energy compliance/ enforcement site meeting with Anthony- Shelton and/ or Niki
Sorry for emails.
I probably will just be me. What is the lat/long or address of the site? I will drive from home to both sites.
Thanks
Shelton
The plan is to meet everyone onsite at 10am. Assume Anthony will give us info on the exact meeting location (or if it's
best to just meet them at WaRO and carpool from there). Planning to see two sites: one near Windsor, one near
Aulander, NC.
Shelton Sullivan
Environmental Senior Specialist
401 & Buffer Permitting Branch
Division of Water Resources
North Carolina Department of Environmental Quality
919 807-6361 office
919 807-6494 fax
shelton.su IlivanCcDncdenr. gov
512 N. Salisbury Street, Archdale Bldg #942G, Raleigh, NC 27604
1617 Mail Service Center, Raleigh, NC 27699-1617
0t:',->"Nothing Compares
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
Scarbraugh, Anthony
From:
Sullivan, Shelton
Sent:
Monday, February 13, 2017 10:14 AM
To:
Scarbraugh, Anthony
Subject:
RE: Windsor Solar Site
Station at Coopertown and 17. Unless there is a better spot?
https:l;' ,: a::v.google.com maps; place'218+Cooper+Hill+Rd,+1: inclsor,+PJC+2798'iCj35.9897953,-76.9240571,813mi cla
* O Suggested Sites - Momm Free Hotmail dE Log In io� NC SFI SIC Committee N... -P SAP BusinessObjects Info...
isGet Google Chrome
Try a fast, secure browser with updates built in
13
SEND TO YOUR
PHONE
Add a missing place
At this location
Global Tellink Corporation
218 Cooper Hill Rd
Hurst Stephen DDS
nentist � 21 R Connor Hill Rd
Shelton Sullivan
Environmental Senior Specialist
401 & Buffer Permitting Branch
Division of Water Resources
North Carolina Department of Environmental Quality
F1
919 807-6361 office
919 807-6494 fax
shelton.sullivan ol)ncdenr.00v
512 N. Salisbury Street, Archdale Bldg #942G, Raleigh, NC 27604
1617 Mail Service Center, Raleigh, NC 27699-1617
is Nothing Compares
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Scarbraugh, Anthony
Sent: Monday, February 13, Z017 7:43 AM
To: Sullivan, Shelton <shelton.sullivan@ncdenr.gov>
Subject: RE: Windsor Solar Site
Shelton,
Windsor is the first site and we will be looking at the second one with the Corps only. We have no discussed the site
conditions with SunEnergy to date. Are you talking about meeting at the BP on 17?
Anthony
Anthony Scarbraugh
Environmental Senior Specialist
Division of Water Resources —Water Quality Regional Operations
Department of Environmental Quality
252 948 3924 office
anthonv.scarbraugh cDncdenr.00v
943 Washington Square Mall
Washington, NC 27889
ez -5>^Nothtng Compares., -
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Sullivan, Shelton
Sent: Friday, February 10, 2017 1:47 PM
To: Scarbraugh, Anthony <anthonv.scarbrauah@ncdenr.aov>
Cc: Maher, Niki <niki.maher@ncdenr.aov>
Subject: RE: Windsor Solar Site
Anthony,
am planning to meet you. Is Windsor the first site? I will be at the gas station at 945. OR let me know where. You have
my cell but it is 919-630-1094.
Thanks
Shelton Sullivan
Environmental Senior Specialist
401 & Buffer Permitting Branch
Division of Water Resources
North Carolina Department of Environmental Quality
919 807-6361 office
919 807-6494 fax
shelton.sullivanCa)ncdenr.00v
512 N. Salisbury Street, Archdale Bldg #942G, Raleigh, NC 27604
1617 Mail Service Center, Raleigh, NC 27699-1617
t: %'Nothing Compares
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Maher, Niki
Sent: Friday, February 10, 2017 11:58 AM
To: Scarbraugh, Anthony <anthonv.scarbraueh@ncdenr.gov>
Cc: Sullivan, Shelton <shelton.sullivan@ncdenr.eov>
Subject: RE: Windsor Solar Site
I'm not going to be able to make the site visit after all, Anthony. I'm very sorry. I think Shelton is trying to arrange his
schedule to cover me, though. I may still be involved in any case prep, etc that follows, but have to manage getting kids
to and from school while my husband is unavoidably tied up with special training classes next week.
Niki Maher
Environmental Specialist
401 & Buffer Permitting Unit
Department of Environmental Quality
919 807 6367 office
n iki. maheridn cden r.Qov
mailing 1617 Mail Service Center, Raleigh, NC 27699-1617
physical 512 N Salisbury St, Raleigh, NC 2760
F C.
Wa eoG .
Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties.
From: Scarbraugh, Anthony
Sent: Thursday, February 09, 2017 7:22 AM
To: Eric Schudt <eric.schudt@sunenergvl.com>
Cc: Dumpor, Samir <samir.dumoor@ncdenr.gov>; Barnes, Kyle W CIV USARMY CESAW (US)
<Kvle.W.Barnes@usace.armv.mil>; Tankard, Robert <robert.tankard@ncdenr.gov>; Novak, Gary
<garv.nova k@ncdenr.gov>; Maher, Niki <niki.maher@ncdenr.gov>; Sullivan, Shelton <shelton.sullivan@ncdenr.gov>;
Novak, Gary <gary.novak@ncdenr.gov>
Subject: RE: Windsor Solar Site
Mr. Schudt,
The following people will be attending:
US Army Corps of Engineers:
Kyle Barnes
Division of Water Resources:
Robert Tankard and myself from Washington Office
Niki Maher and Shelton Sullivan from Central Office
Division of Energy, Mineral and Land Resources
Gary Novak and possibly Samir Dumpor
This is the list of people that I know are attending.
Anthony Scarbraugh
Environmental Senior Specialist
Division of Water Resources —Water Quality Regional Operations
Department of Environmental Quality
252 948 3924 office
anthonv.scarbrauph aancdenr.00v
943 Washington Square Mall
Washington, NC 27889
Nothing Compares,...
Nt
:: C;.
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Eric Schudt[mailto:eric.schudt@sunenergyl.com]
Sent: Wednesday, February 08, 2017 3:19 PM
To: Scarbraugh, Anthony <anthonv.scarbraugh@ncdenr.gov>
Cc: Dumpor, Samir <samir.dumpor@ncdenr.gov>; Barnes, Kyle W CIV USARMY CESAW (US)
<Kyle.W.Barnes@usace.armv.mil>; Tankard, Robert <robert.tankard@ncdenr.gov>; Novak, Gary
<ga ry. nova k @ ncde n r.gov>
Subject: Re: Windsor Solar Site
Folks,
In the interest of logistics, can I get an idea of who or haw many people will be showing up at the site on Feb 16th?
Thanks.
r 4� IN c9MMERcIP 6C M"
Eric Schudt I Environmental Civil Engineer
0:(252)825-17311F:(252)825-0018.1 M: (980) 225-6665
6750 NC Highway 30 East, Bethel, NC 27812
www.sunenergVl.com I Eric.Schudtt@sunenergvl.com
From: "Scarbraugh, Anthony" <anthonv.scarbraugh@ncdenr.gov>
Date: Monday, January 23, 2017 at 10:36 AM
To: Chris Hopper <chris.hopper@carolinaeco.com>, "Johnston, Charlie" <Charlie.Johnston@duke-energv.com>, Eric
Schudt <eric.schudt@sunenergvl.com>
Cc: "Dumpor, Samir" <samir.dumpor@ncdenr.gov>, "Barnes, Kyle W CIV USARMY CESAW (US)"
<KvIe.W.Barnes@usace.armv.mil>, Brian Smith <brian.smith@carolinaeco.com>, "May, David"
<david.may@ncdenr.gov>, "Tankard, Robert" <robert.tankard@ncdenr.gov>, "Novak, Gary" <gary.novak@ncdenr.Rov>
Subject: RE: Windsor Solar Site
Chris and Eric,
The Division of Water Resources staff are available on February 16, 17, 20, 21, 22 or 23.
Thanks,
Anthony Scarbraugh
Anthony Scarbraugh
Environmental Senior Specialist
Division of Water Resources — Water Quality Regional Operations
Department of Environmental Quality
252 948 3924 office
anthonv. scarbraug h(dncdenr.aov
943 Washington Square Mall
Washington, NC 27889
�/"Nothing Compares
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Chris Hopper [mailto:chris.h000er@carolinaeco.com)
Sent: Friday, January 20, 2017 2:23 PM
To: Johnston, Charlie <Charlie.Johnston@duke-energy.com>; Eric Schudt <eric.schudt@sunenergvl.com>
Cc: Scarbraugh, Anthony<anthonv.scarbraueh@ncdenr.gov>; Dumpor, Samir <samir.dumoor@ncdenr.aov>; Barnes,
Kyle W CIV USARMY CESAW (US) <kvle.W.Barnes@usace.armv.mil>; Brian Smith <brian.smith@carolinaeco.com>
Subject: RE: Windsor Solar Site
Carolina Ecosystems will also adjust as necessary to attend the site visit. Kyle, Samir, and Anthony, please
coordinate and advise of your earliest mutual opportunity.
Thanks in advance.
Regards,
Chris Hopper
Carolina Ecosystems
919.274.5979
-------- Original message --------
From: "Johnston, Charlie" <Charlie.Johnstonl7duke-energy.com>
Date: 01/20/2017 11:57 (GMT-05:00)
To: Eric Schudt <eric.schudtnasunenergyl.com>
Cc: "Scarbraugh, Anthony" <anthony.scarbrau&Qncdenr.gov>, "Dumpor, Samir"
<samir.dumpor@ncdenr.gov>, "Barnes, Kyle W CIV USARMY CESAW (US)"
<Kyle.W.Barnes@usace.army.mil>, Chris Hopper <chris.hopper ,carolinaeco.com>
Subject: RE: Windsor Solar Site
Eric,
I'll adjust my schedule as necessary to be there.
Thanks,
Charlie
Charles Johnston, PWS, PMP
Senior Environmental Specialist I Siting & Licensing Support I Duke Energy
Office: 919-546-7323 JCell: 919-619-4732
Charles.Johnstonna duke-energy.com I www.duke-enerev.com
-----Original Message -----
From: Eric Schudt [mailto:erio,schudtgsunenergyl.com]
Sent: Friday, January 20, 2017 11:48 AM
To: Barnes, Kyle W CIV USARMY CESAW (US); Chris Hopper
Cc: Scarbraugh, Anthony; Dumpor, Samir; Johnston, Charlie
Subject: Re: Windsor Solar Site
*** Exercise caution. This is an EXTERNAL email. DO NOT open attachments or click links from unknown
senders or unexpected email. * * *
Folks,
Please let me know your availability so that we can schedule the site visit.
Eric Schudt I Environmental Civil Engineer
0: (252) 825-1731 1 F: (252) 825-0018 1 M: (980) 225-6665
6750 NC Highway 30 East, Bethel, NC 27812 www.sunenerg, ly com
<http://www.sunenergvl.com/> I Eric.Schudt <mailto:erio,schudtlasunener vg l.com>@sunenergy
<mailto:eric.schudtna.sunenergyl.com> l .com
<mailto:eric.schudtna sunenereyl.com>
On 1/18/17, 3:11 PM, "Barnes, Kyle W CIV USARMY CESAW (US)"
<KVIe.W.Barnes usace.army.mil> wrote:
>Eric,
>This correspondence is to inform you that new information has surfaced
>indicating that the wetlands on the Windsor Solar site, for which you
>have submitted an after -the -fact PCN application for wetland fill, are
>potentially more extensive than identified during our site visit on
>September 14, 2016. At this point your application requesting to permit
>existing fill within wetlands on the site is still incomplete.
>It is my suggestion that we conduct another site visit with the new
>information to identify the extent of the jurisdictional areas on the
>site. Additionally it would be beneficial to include the Division of
>Water Resources and a representative from DEMLR to discuss all
>permitted activities that have taken place on the site.
>Kyle
>Kyle Barnes
>Regulatory Specialist
>US Army Corps of Engineers
>Wilmington District
>Washington Field Office
>910-251-4584
>We at the U.S. Army Corps of Engineers Regulatory Branch are committed
>to improving service to our customers. We would appreciate your
>feedback on how we are performing our duties. Our automated Customer
>Service Survey is located at:
>http://corpsmgpu.usace.army.mil/cm anex/f?p=136:4:0
><htt:/n/coMsmal3u.usace.gM.mil/cmVex/f?n=136*0>
>Thank you for taking the time to visit this site and complete the survey.
>
CONFIDENTIALITY NOTICE: This email message and any attachments are intended only for the person or
entity to which it is addressed and may contain confidential and/or privileged information. Any unauthorized
review, use, disclosure or distribution is prohibited. If you are not the intended recipient of this email, please
contact the sender by reply email and delete the original and any copy of this email. If you are the intended
recipient but do not wish to receive communications by email, please so advise the sender immediately.
CONFIDENTIALITY NOTICE: This email message and any attachments are intended only for the person or entity to which it is
addressed and may contain confidential and/or privileged information. Any unauthorized review, use, disclosure or
distribution is prohibited. If you are not the intended recipient of this email, please contact the sender by reply email and
delete the original and any copy of this email. If you are the intended recipient but do not wish to receive communications by
email, please so advise the sender immediately.
Scarbraugh, Anthony
From: Scarbraugh, Anthony
Sent: Monday, February 27, 2017 7:47 AM
To: 'Johnston, Charlie'; Barnes, Kyle W CIV USARMY CESAW (US); Kelly Hoyt, Novak, Gary
Cc: Hayes, Tim; McNay, Tom; Bradley Fite; Habul, Kenny-sunenergyl; Snead, Paul B
Subject: RE: Windsor Solar Site
Mr. Johnson,
The Division of Water Resources concurs with the Corps concerning the sampling methodology.
Anthony Scarbraugh
Environmental Senior Specialist
Division of Water Resources — Water Quality Regional Operations Department of Environmental Quality
252 948 3924 office
anthony.scarbraugh@ncdenr.gov
943 Washington Square Mall
Washington, NC 27889
Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed
to third parties.
-----Original Message -----
From: Johnston, Charlie [mailto:Charlie.Johnston@duke-energy.com]
Sent: Friday, February 24, 2017 1:56 PM
To: Barnes, Kyle W CIV USARMY CESAW (US) <Kyle.W.Barnes@usace.army.mil>; Kelly Hoyt
<kelly.hoyt@sunenergyl.com>; Novak, Gary <gary.novak@ncdenr.gov>; Scarbraugh, Anthony
<anthony.scarbraugh@ncdenr.gov>
Cc: Hayes, Tim <Tim.Hayes@duke-energy.com>; McNay, Tom <Tom.McNay@duke-energy.com>; Bradley Fite
<bradley.fite@sunenergyl.com>; Habul, Kenny-sunenergyl <kenny@sunenergyl.com>; Snead, Paul B
<Paul.Snead@duke-energy.com>
Subject: RE: Windsor Solar Site
No. I just spoke with Kelly Hoyt who confirmed there has been no disturbance to that area. My understanding is that
DEMLR might want matting in or adjacent to that area - perhaps Gary Novak can clarify. We also understand that no
upland seed mix can be used in the wetland area - if vegetative cover is needed for stabilization we will use an
appropriate wetland seed mix.
-----Original Message -----
From: Barnes, Kyle W CIV USARMY CESAW (US) [mailto:Kyle.W.Barnes@usace.army.mil]
Sent: Friday, February 24, 2017 1:39 PM
To: Johnston, Charlie; Kelly Hoyt; Novak, Gary; Scarbraugh, Anthony
Cc: Hayes, Tim; McNay, Tom; Bradley Fite; Habul, Kenny-sunenergyl; Snead, Paul B
Subject: RE: Windsor Solar Site
Charlie,
The sampling method is fine. Just for clarification did the contractor till or disturb the area we have already identified as
wetland on the northern border?
Kyle Barnes
Regulatory Specialist
US Army Corps of Engineers
Wilmington District
Washington Field Office
910-251-4584
We at the U.S. Army Corps of Engineers Regulatory Branch are committed to improving service to our customers. We
would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is
located at:
httP:Hcorpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 <http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0>
Thank you for taking the time to visit this site and complete the survey.
-----Original Message -----
From: Johnston, Charlie [mailto:Charlie.Johnston@duke-energy.com]
Sent: Friday, February 24, 2017 8:21 AM
To: Barnes, Kyle W CIV USARMY CESAW (US) <Kyle.W.Barnes@usace.army.mil>; Kelly Hoyt
<kelly.hoyt@sunenergyl.com>; Novak, Gary <gary.novak@ncdenr.gov>; Scarbraugh, Anthony
<a nt h o ny.sca rb ra u gh @ n cd e n r.gov>
Cc: Hayes, Tim <Tim.Hayes@duke-energy.com>; McNay, Tom <Tom.McNay@duke-energy.com>; Bradley Fite
<bradley.fite@sunenergyl.com>; Habul, Kenny-sunenergyl <kenny@sunenergyl.com>; Snead, Paul B
<PauLSnead@duke-energy.com>
Subject: [EXTERNAL] RE: Windsor Solar Site
Importance: High
Good morning,
I've spoken this morning with Brian Smith at Carolina Ecosystems who will be doing the additional soils work at the
Windsor site. They propose using a hydraulic split -core sampler which is track -mounted to minimize soil disturbance.
He does not anticipate using the corer in the existing surface wetlands (which I believe is the area Kelly is addressing) - if
sampling is necessary in that area (e.g. to provide baseline profiles) it will be done using hand augers. If erosion control
matting is in place at any sampling location, it should be easy enough to clip a small hole, <6" diameter, to admit the soil
corer. Please let me know if the Corps or NCDEQ would like an alternative methodology.
Also, Tim Hayes is our Environmental Development Director in the Renewables group here. He will be leading the
process from our end to get satisfactory resolutions at both Windsor and Bethel. Please make sure Tim is copied on all
emails going forward.
Thanks,
Charlie
Charles Johnston, PWS, PMP
Senior Environmental Specialist I Siting & Licensing Support I Duke Energy
Office:919-546-7323 1Cell:919-619-4732Charles.Johnston@duke-energy.com I Blockedwww.duke-energy.com
-----Original Message -----
From: Barnes, Kyle W CIV USARMY CESAW (US) [mailto:Kyle.W.Barnes@usace.army.mil)
Sent: Friday, February 24, 2017 7:20 AM
To: Kelly Hoyt; Novak, Gary; Scarbraugh, Anthony
Cc: Johnston, Charlie; McNay, Tom; Bradley Fite; Habul, Kenny-sunenergyl
Subject: RE: Windsor Solar Site
*** Exercise caution. This is an EXTERNAL email. DO NOT open attachments or click links from unknown senders or
unexpected email. ***
Kelly,
Thank you for the update. Can you send an aerial, Google Earth is fine, of the site and identify where the seeding,
mulching and Geotextile will be installed?
Kyle
Kyle Barnes
Regulatory Specialist
US Army Corps of Engineers
Wilmington District
Washington Field Office
910-251-4584
We at the U.S. Army Corps of Engineers Regulatory Branch are committed to improving service to our customers. We
would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is
located at:
Blockedhttp://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0
<Blockedhttp://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0>
Thank you for taking the time to visit this site and complete the survey.
-----Original Message -----
From: Kelly Hoyt [mailto:kelly.hoyt@sunenergyl.com)
Sent: Thursday, February 23, 2017 4:33 PM
To: Novak, Gary <gary.novak@ncdenr.gov>; Barnes, Kyle W CIV USARMY CESAW (US) <Kyle.W.Barnes@usace.army. miI>;
Scarbraugh, Anthony <anthony.scarbraugh@ncdenr.gov>
Cc: Johnston, Charlie <Charlie.Johnston@duke-energy.com>; McNay, Tom <Tom.McNay@duke-energy.com>; Bradley
Fite <bradley.fite@sunenergyl.com>; Kenny Habul <Kenny@sunenergyl.com>
Subject: [EXTERNAL] Windsor Solar Site
Gentleman,
This week, SunEnergyl has been repairing and installing erosion control measures, applying lime and seed, and blowing
straw mulch at the Windsor Solar site. We would like to install geotextile matting in the wetland drainage area that has
been identified.
Before we proceed, we want to make sure this is acceptable to the regulatory agencies. Please let us know if there are
any concerns regarding this matter. Thank you for your assistance.
Best Regards,
Kelly Hoyt, PMP I Environmental Program Manager
Office: (704) 662-0375 ext. 380
Cell: (307) 752-4301
192 Raceway Drive, Mooresville. NC. 28117
Blocked Blockedwww.SunEnergyl.com<BlockedBlockedhttp://www.sunenergyl.com/> kelly.hoyt@SunEnergyl.com
<mailto:kelly.hoyt@SunEnergyl.com>
CONFIDENTIALITY NOTICE: This email message and any attachments are intended only for the person or entity to which
it is addressed and may contain confidential and/or privileged information. Any unauthorized review, use, disclosure or
distribution is prohibited. If you are not the intended recipient of this email, please contact the sender by reply email
and delete the original and any copy of this email. If you are the intended recipient but do not wish to receive
communications by email, please so advise the sender immediately.
DUKE
` ENERGY
RENEWABLES
March 8, 2017
Robert Tankard
Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
943 Washington Square Mall
Washington, North Carolina 27889
Tom McNay
Vice President
Duke Energy Renewables NC Solar, LLC
550 South Caldwell Street, Suite 600
Charlotte, NC 28202
Re: Notice of Violation and Recommendation for Enforcement
NOV-2017-WP-0002
Windsor Solar Site
DWR Project # 2016-1217 (withdrawn)
Bertie County
Dear Mr. Tankard:
rI,CEIJEDINCD50
PVM
MAR 910
Water Duality Regional
Operations nsse glonak l
tiori
Washing
Thank you for the opportunity to address the matters presented in the Division of Water Resources'
February 22, 2017 Notice of Violation and Recommendation for Enforcement ("Notice"), issued to
both Duke Energy Renewables NC Solar, LLC ("DER") and SunEnergyl, LLC ("SEl" ). You may
also receive a separate response from SEL
As supported by the information presented below, our current knowledge of the timing of events and
DER's role in the Project, we believe that this NOV should not be directed to DER. However, in a
spirit of cooperation and desire to resolve this issue, we are responding to present the Plan of Action
requested by your Notice,
Our Plan provides the responsive information that is available to us at this time. We will provide a
more detailed response once we gather additional information, including specific information on field
conditions as they existed in 2013 prior to construction. We are working quickly on that point, and
DER has already been coordinating a proposed soil sampling plan with both your agency and the
United States Army Corps of Engineers (the "Corps"). The sampling plan is designed to evaluate, to
the extent practicable, the spatial extent of jurisdictional waters at the time of impact. Both agencies
have now concurred with the proposed methodology and we intend to commence the work soon.
With this as background, our Plan of Action consists of the following:
• Your paragraph 1: We are submitting our Plan within 15 days, as you requested. However,
please note that as of the date of this response, DER has not received written notification from
the U.S. Army Corps of Engineers of Section 404 violations.
• Your oaragraph 2: You asked (i) when construction began at the Project, and (ii) how impacts
occurred. Due to DER's limited role in the development and construction of this project, these
questions are best answered by SE I and hopefully their response to the NOV will help answer
them. However, based on DER records, on item (i), Windsor Cooper Hill Solar, LLC
("WCHS") (the DER affiliate that owns and operates the Project) issued a Notice to Proceed to
SEI on October 11, 2013, so we are aware that certain construction activities began on or after
that date. We are also informed that the Town of Windsor/County of Bertie may have been
responsible for some of the clearing and site grading work, but we do not yet know the timing
or scope of the Town's activities. We are also aware that clearing and grading activities at the
Project Site were completed on or around November 15, 2013. On item (ii), the results of our
upcoming fieldwork (and the time period while those activities are taking place) will allow
DER to evaluate not only the extent of jurisdictional waters, but also when and how the
impacts might have occurred. Among other things it will allow us to continue to coordinate
with SEl and better understand the nature and timing of activities in areas of concern. SEI
was the Engineering, Procurement and Construction ("EPC") firm for the Project, and was
solely responsible for site development, preparation, design and construction, among other
obligations. If necessary, we will prepare and submit a supplemental response to this
paragraph after we complete our investigation, fieldwork and evaluation.
Your aragraph 3: The investigation, fieldwork and further evaluation is especially important
to our response to paragraph 3 because neither DER nor WCHS directed, or intended for the
Project to involve, the discharge of fill materials into jurisdictional waters. In fact, DER
conducted and was aware of wetlands estimation and/or delineation activities at the Project.
Such activities were performed to ensure that the Project complied with applicable law. For
example, prior to site development DER retained a wetland consultant, Energy Renewal
Partners, which provided a conservative estimation of potential wetlands. That estimation was
subsequently used to produce the Erosion & Sedimentation Control Plans that were provided to
SEI.
In sum, neither WCHS nor DER believed that the Project required a Section 404 permit or a
Section 401 certification; if a violation of those requirements took place, it was not done by
DER or WCHS.
If necessary, we will prepare and submit a supplemental response to this paragraph after we
complete our investigation, fieldwork and evaluation.
• Your paragraph 4: As noted above, we have already coordinated a scope of work to evaluate
jurisdictional waters. We will notify both DWR and the Corps prior to the upcoming soil
investigations, should you wish to observe our work. We expect to complete that work by
April 30, 2017. We will then submit a technical report to DWR and the Corps by June 1, 2017,
which report will include the information that you requested in paragraph 4 of the Notice.
Your paragraph 5: After we submit our technical report we will coordinate with the agencies
on a final jurisdictional determination. Based on the agreed upon extent of final jurisdictional
waters, within 60 days, we will submit the Restoration Plan required by paragraph 5. Our
Restoration Plan will consist of either (i) applications for the appropriate Section 404 permit
and Section 401 certification, (ii) a restoration plan that complies with paragraph 5.b. of the
Notice, or (iii) a combination of the two if some, but not all, of the impacts will be removed
and remediated. To the extent that a restoration plan is proposed, that plan will commit to
complete the work by December 1, 2017, or a later date agreed to by the agencies.
• Your paragraph 6: DER is held to the same high standards of environmental compliance and
operational excellence of its parent company, Duke Energy Corporation. Since 2013, DER has
implemented a number of measures to ensure the projects we acquire meet or exceed all
Tom McNay
Vice President
Duke Energy Renewables NC Solar, LLC
550 South Caldwell Street, Suite 600
Charlotte, NC 28202
requirements of environmental laws, rules and regulations. These measures include the
development of environmental due diligence processes; procedures for the "hand-off' from
development to construction to operations; hiring of highly qualified environmental scientists
in Duke's Corporate Environmental Services group dedicated to DER's solar development; and
other similar measures. In response to this event, we are evaluating additional processes
devoted to environmental compliance, and in the meantime will review our level of oversight
of all EPC contractors to ensure that their work complies with environmental requirements.
We believe that with the staff, processes and procedures in place now and in the near future, we
will mitigate the risk of similar issues reoccurring in the future.
We believe it's important to note that DER discovered this issue and raised it to the attention of SEI,
who in turn notified DWR. This self -reporting further demonstrates DER's commitment to
environmental compliance and desire to resolve this issue.
Please let us know what other information you would like to receive about the proposed Plan of Action,
including whether you have any questions or concerns about the proposed timeline and responses.
DER values our relationship with DWR and will continue to work diligently to resolve this matter and
to ensure that the Project is brought into compliance with applicable requirements. This includes
ensuring that the Plan of Action outlined above is carried out as required.
Thank you for your consideration of our Plan. Please let us know if you have any questions or need
anything further from us along these lines.
Sincerely
Tom McNay
Vice President ��JJ
Cc: Tim Hayes — Environmental Director, Duke Energy Renewables
Kenny Habgl, President & CEO, SunEnergy1, LLC
Kyle Barnes — US ACOE — Washington Office
Scott Saver, County Manager, Bertie County — Town of Windsor
Scarbraugh, Anthony
From: McNay, Tom <Tom.McNay@duke-energy.com>
Sent: Thursday, March 09, 2017 1:39 PM
To: Scarbraugh, Anthony; Tankard, Robert; 'Kyle.W.Barnes@usace.army.mil'
Cc: Hayes, Tim
Subject: Windsor Cooper Hill Solar NOV Response
Attachments: Duke Renewables -- Windsor Response to NOV-2017-WP-0002.pdf
Please find attached a copy of the NOV response that should have been received by your offices earlier today. Please
let us know if any questions.
Thanks,
l
Thomas McNay
General Manager, Engineering
S(� DUKE
ENERGY.
RENEWABLES
Office: (513) 287-2029
Mobile: (513) 509-1514
Tanlrard, kobert
From:
Tankard, Robert
Sent:
Tuesday, March 14, 2017 8:41 AM
To:
'Peter C. Anderson'
Cc
Stephen L. Gordon; Sara Kanipe
Subject:
RE: Windsor SunEnergyl re Request for 30-day extension
RECEIVED/NCDENR/DWR
Mr. Anderson, an extension is granted. The extension would be 30 days from March 9, 2017. Any questions, please let
us know. MAR 14 2017
Thanks!
Robert
Water Quality Regional
Operations Section
Washington Regional Office
From: Peter C. Anderson [mailto:PAnderson@bdlaw.com]
Sent: Sunday, March 12, 2017 1:56 PM
To: Tankard, Robert <robert.tankard@ncdenr.gov>
Cc: Stephen L. Gordon <SGordon@bdlaw.com>; Peter C. Anderson <PAnderson@bdlaw.com>; Sara Kanipe
<SLange@bdlaw.com>
Subject: RE: Windsor SunEnergyl re Request for 30-day extension
Hello Mr. Tankard —
I hope you are having (or had) a nice weekend.
Since I will be traveling this week, I wanted to check back in on the status of this extension. While my client has already
begun the process we described, I wanted to make sure our proposed timeframe was acceptable.
Please advise at your convenience. Thanks in advance for your consideration.
Sincerely,
Pete
Peter C. Anderson
Principal
BEVERIDGE & DIAMOND, P.C.
T 704.756.8800(cell) / 704.372.7370 / 202.789.6014
PAnderson@bdlaw.com
From: Sara Kanipe
Sent: Thursday, March 09, 2017 4:24 PM
To: Robert tankardCabncdenr gov
Cc: Stephen L. Gordon; Peter C. Anderson
Subject: Windsor SunEnergyl re Request for 30-day extension
Dear Mr. Tankard:
My apologies. Please find the PDF version of Mr. Anderson's letter attached above.
1
Thank you, ,
Sara'K. Lange
From: Sara Kanipe
Sent: Thursday, March 09, 2017 4:13 PM
To: 'Robert.tankard@ncdenr.gov'
CC: Peter C. Anderson
Subject: Windsor SunEnergyl re Request for 30-day extension
Dear Mr. Tankard:
Attached please find Mr. Anderson's letter which requests a 30-day extension for the responding to the NOV.
Please let us know whether this extension is approved.
Sincerely,
Sara K. Lange
Sara Kanipe Lange
Legal Secretary
BEVERIDGE & DIAMOND, P.C.
1350 I Street, NW, Suite 700, Washington, DC 20005
r +1.704.372.7377 F +1.202.789.6199 Stange@bdlaw.com
& b1pWom
CONFIDENTIALITY STATEMENT: This electronic message contains information from the law firm of Beveridge & Diamond, P.C. and ma
be confidential or privileged. The information is intended solely for the use of the individual(s) or entity(ies) named above. If you are no
the intended recipient, be aware that any disclosure, copying, distribution, or use of the contents of this message is prohibited. If you hav,
.received this e-mail in error, please notify us immediately by telephone at +1,202.789.6000 or by e-mail reply and delete this message
Thank you.
FA
BEVERIDGE
&DIAMOND`'
Peter C. Anderson
409 East Blvd.
Charlotte, NC 28203
Direct:(704) 372-7370
Cell:(704) 756-8800
Fax:(704) 372-7411
PAnderson@bdlow.com
March 9, 2017
Mr. Robert Tankard
Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources
North Carolina Department of Environmental Quality
Re: SunEnergyl's Request for Extension
NOV-2017-WP-0002
Windsor Solar Site
DWR Project 2016-1217 (withdrawn)
Bertie County
Dear Mr. Tankard:
Thank you for speaking with me yesterday. As requested, I am writing to confirm that
our law firm has been engaged to assist SunEnergyl in responding to the Notice of Violation
("NOV") that was dated February 22, 2017, and received in our client's office on February 28,
2017, as well as to request a 30-day extension of the deadline to respond to the NOV. Since our
firm has only recently been contacted, I hope you can appreciate the need for us:
1) To assemble and review the background documents/emails (which are voluminous)
which will require assistance from the company's information technology ("IT") staff,
and;
2) To speak with the various individuals who were involved with the project.
We believe we will need this extension due to these previous steps, as well as the relative age of
the project; the volume of emails and related documents; and the number of employees at
Washington, D.C. Maryland New York Massachusetts New Jersey Texas California
BEVERIDGE & DIAMOND[IC
Mr. Robert Tankard
Page 2
SunEnergyl who worked on the project (and the staff changes). We do believe that this
additional time will allow our client to provide a response which is both complete and accurate.
Based upon a review of the NOV, as well as a review of the response from Duke Energy,
our client believes that there may be some critical misunderstandings surrounding our client's
relative role and responsibilities in this project, which they intend to clarify (with support).
Accordingly, please confirm to me (by email) that your Office is willing to grant this 30-
day extension (until April 14, 2017). Please know that our client is taking this NOV very
seriously and is prioritizing this response. We welcome the opportunity to share our client's
perspective and to work towards reaching a mutually acceptable resolution of this dispute.
Sincerely,
Peter C. Anderson
Counsel to SunEnergyl
Scarbraugh, Anthony
From: Tankard, Robert
Sent: Friday, March 10, 2017 7:23 AM
To: May, David; Scarbraugh, Anthony
Subject: FW: Windsor SunEnergyl re Request for 30-day extension
Attachments: Windsor SunEnergyl Letter to DEQ v2 SEl Edits 3-9-17.docx
From: Sara Kanipe [mailto:SLange@bdlaw.com]
Sent: Thursday, March 09, 2017 4:13 PM
To: Tankard, Robert <robert.tankard@ncdenr.gov>
Cc: Peter C. Anderson <PAnderson@bdlaw.com>
Subject: Windsor SunEnergyl re Request for 30-day extension
Dear Mr. Tankard:
Attached please find Mr. Anderson's letter which requests a 30-day extension for the responding to the NOV.
Please let us know whether this extension is approved.
Sincerely,
Sara K. Lange
Sara Kanipe Lange
Legal Secretary
BEVERIDGE & DIAMOND, P.C.
1350 I Street, NW, Suite 700, Washington, DC 20005
T +1.704.372.7377 F +1.202.789.6199 Stange@bdlaw.com
BEVERIDGE A
&DIAMONDV
CONFIDENTIALITY STATEMENT: This electronic message contains information from the law firm of Beveridge & Diamond, P.C. and me
be confidential or privileged. The information is intended solely for the use of the individual(s) or entity(ies) named above. If -you are nc
the intendedrecipient, be aware that any disclosure, copying, distribution, or use of the contents of this message is prohibited. If you hav
received this e-mail in error, please notify us immediately by telephone at +1.202.789.6000 or by e-mail reply and delete this message
Thank you. ,
Scarbraugh, Anthony
From: McNay, Tom <Tom.McNay@duke-energy.com>
Sent: Thursday, March 09, 2017 1:39 PM
To: Scarbraugh, Anthony; Tankard, Robert; 'Kyle.W.Barnes@usace.army.mil'
Cc: Hayes, Tim
Subject: Windsor Cooper Hill Solar NOV Response
Attachments: Duke Renewables -- Windsor Response to NOV-2017-WP-0002.pdf
Please find attached a copy of the NOV response that should have been received by your offices earlier today. Please
let us know if any questions.
Thanks,
Tom
Thomas McNay
General Manager, Engineering
' NERGY.
RENEWABLES
Office: (513) 287-2029
Mobile: (513) 509-1514
DUKE
ENERGY®
RENEWABLES
March 8, 2017
Robert Tankard
Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
943 Washington Square Mall
Washington, North Carolina 27889
Tom McNay
Vice President
Duke Energy Renewables NC Solar, LLC
550 South Caldwell Street, Suite 600
Charlotte, NC 28202
Re: Notice of Violation and Recommendation for Enforcement
NOV-2017-WP-0002
Windsor Solar Site
DWR Project # 2016-1217 (withdrawn)
Bertie County
Dear Mr. Tankard:
RECEIVED/NCDENR/L ir1
MAR 0 9 2917
Water Quality Regio:��:'
Operations Sectlo±
Washington Regional ('
Thank you for the opportunity to address the matters presented in the Division of Water Resources'
February 22, 2017 Notice of Violation and Recommendation for Enforcement ("Notice"), issued to
both Duke Energy Renewables NC Solar, LLC ("DER") and SunEnergyl, LLC ("SE1"). You may
also receive a separate response from SE 1.
As supported by the information presented below, our current knowledge of the timing of events and
DER's role in the Project, we believe that this NOV should not be directed to DER. However, in a
spirit of cooperation and desire to resolve this issue, we are responding to present the Plan of Action
requested by your Notice.
Our Plan provides the responsive information that is available to us at this time. We will provide a
more detailed response once we gather additional information, including specific information on field
conditions as they existed in 2013 prior to construction. We are working quickly on that point, and
DER has already been coordinating a proposed soil sampling plan with both your agency and the
United States Army Corps of Engineers (the "Corps"). The sampling plan is designed to evaluate, to
the extent practicable, the spatial extent ofjurisdictional waters at the time of impact. Both agencies
have now concurred with the proposed methodology and we intend to commence the work soon.
With this as background, our Plan of Action consists of the following:
• Your paragraph 1: We are submitting our Plan within 15 days, as you requested. However,
please note that as of the date of this response, DER has not received written notification from
the U.S. Army Corps of Engineers of Section 404 violations.
• Your paragraph 2: You asked (i) when construction began at the Project, and (ii) how impacts
occurred. Due to DER's limited role in the development and construction of this project, these
questions are best answered by SE] and hopefully their response to the NOV will help answer
them. However, based on DER records, on item (i), Windsor Cooper Hill Solar, LLC
("WCHS") (the DER affiliate that owns and operates the Project) issued a Notice to Proceed to
SEl on October 11, 2013, so we are aware that certain construction activities began on or after
that date. We are also informed that the Town of Windsor/County of Bertie may have been
responsible for some of the clearing and site grading work, but we do not yet know the timing
or scope of the Town's activities. We are also aware that clearing and grading activities at the
Project Site were completed on or around November 15, 2013. On item (ii), the results of our
upcoming fieldwork (and the time period while those activities are taking place) will allow
DER to evaluate not only the extent of jurisdictional waters, but also when and how the
impacts might have occurred. Among other things it will allow us to continue to coordinate
with SEl and better understand the nature and timing of activities in areas of concern. SE
was the Engineering, Procurement and Construction ("EPC") firm for the Project, and was
solely responsible for site development, preparation, design and construction, among other
obligations. If necessary, we will prepare and submit a supplemental response to this
paragraph after we complete our investigation, fieldwork and evaluation.
Your paragraph 3: The investigation, fieldwork and further evaluation is especially important
to our response to paragraph 3 because neither DER nor WCHS directed, or intended for the
Project to involve, the discharge of fill materials into jurisdictional waters. In fact, DER
conducted and was aware of wetlands estimation and/or delineation activities at the Project.
Such activities were performed to ensure that the Project complied with applicable law. For
example, prior to site development DER retained a wetland consultant, Energy Renewal
Partners, which provided a conservative estimation of potential wetlands. That estimation was
subsequently used to produce the Erosion & Sedimentation Control Plans that were provided to
SE 1.
In sum, neither WCHS nor DER believed that the Project required a Section 404 permit or a
Section 401 certification; if a violation of those requirements took place, it was not done by
DER or WCHS.
If necessary, we will prepare and submit a supplemental response to this paragraph after we
complete our investigation, fieldwork and evaluation.
• Your paragraph 4: As noted above, we have already coordinated a scope of work to evaluate
jurisdictional waters. We will notify both DWR and the Corps prior to the upcoming soil
investigations, should you wish to observe our work. We expect to complete that work by
April 30, 2017. We will then submit a technical report to DWR and the Corps by June 1, 2017,
which report will include the information that you requested in paragraph 4 of the Notice.
Your paragraph 5: After we submit our technical report we will coordinate with the agencies
on a final jurisdictional determination. Based on the agreed upon extent of final jurisdictional
waters, within 60 days, we will submit the Restoration Plan required by paragraph 5. Our
Restoration Plan will consist of either (i) applications for the appropriate Section 404 permit
and Section 401 certification, (ii) a restoration plan that complies with paragraph 5.b. of the
Notice, or (iii) a combination of the two if some, but not all, of the impacts will be removed
and remediated. To the extent that a restoration plan is proposed, that plan will commit to
complete the work by December 1, 2011, or a later date agreed to by the agencies.
• Your paragraph 6: DER is held to the same high standards of environmental compliance and
operational excellence of its parent company, Duke Energy Corporation. Since 2013, DER has
implemented a number of measures to ensure the projects we acquire meet or exceed all
Tom McNay
Vice President
Duke Energy Renewables NC Solar, LLC
550 South Caldwell Street, Suite 600
Charlotte, NC 28202
requirements of environmental laws, rules and regulations. These measures include the
development of environmental due diligence processes; procedures for the "hand-off' from
development to construction to operations; hiring of highly qualified environmental scientists
in Duke's Corporate Environmental Services group dedicated to DER's solar development; and
other similar measures. In response to this event, we are evaluating additional processes
devoted to environmental compliance, and in the meantime will review our level of oversight
of all EPC contractors to ensure that their work complies with environmental requirements.
We believe that with the staff, processes and procedures in place now and in the near future, we
will mitigate the risk of similar issues reoccurring in the future.
We believe it's important to note that DER discovered this issue and raised it to the attention of SEI,
who in turn notified DWR. This self -reporting further demonstrates DER's commitment to
environmental compliance and desire to resolve this issue.
Please let us know what other information you would like to receive about the proposed Plan of Action,
including whether you have any questions or concerns about the proposed timeline and responses.
DER values our relationship with DWR and will continue to work diligently to resolve this matter and
to ensure that the Project is brought into compliance with applicable requirements. This includes
ensuring that the Plan of Action outlined above is carried out as required.
Thank you for your consideration of our Plan. Please let us know if you have any questions or need
anything further from us along these lines.
/Sinceerel ,
Tom McNay
Vice President
Cc: Tim Hayes — Environmental Director, Duke Energy Renewables
Kenny Habul, President & CEO, SunEnergyI, LLC
Kyle Barnes — US ACOE — Washington Office
Scott Saver, County Manager, Bertie County — Town of Windsor
Scarbraugh, Anthony
From: Peter C. Anderson <PAnderson@bdlaw.com>
Sent: Wednesday, April 05, 2017 4:31 PM
To: Tankard, Robert
Cc: Sara Kanipe; Scarbraugh, Anthony; Peter C. Anderson
Subject: RE: Request for Extension on the Bethel NOV
Mr. Tankard:
Thank you very much.
We are finalizing our response to the Windsor NOV, which should be available tomorrow.
Sincerely,
Pete
Peter C. Anderson
Principal
BEVERIDGE & DIAMOND, P.C.
T 704.756.8800(cell) / 704.372.7370 / 202.789.6014
PAnderson@bdlaw.com
From: Tankard, Robert [mailto:robert.tankard@ncdenr.gov]
Sent: Wednesday, April 05, 2017 9:14 AM
To: Peter C. Anderson
Cc: Sara Kanipe; Scarbraugh, Anthony
Subject: RE: Request for Extension on the Bethel NOV
Mr. Anderson, this office grants an extension to the NOV response until April 22, 2017. If you should have any
questions, please feel free to contact me.
Thanks!
Robert
From: Peter C. Anderson [mailto:PAnderson@bdlaw com]
Sent: Tuesday, April 04, 2017 5:42 PM
To: Tankard, Robert <robert.tankardCZDncdenr.eov>
Cc: Peter C. Anderson <PAndersonCa@bdlaw.com>; Sara Kanipe <SLanaeCa@bdlaw.com>
Subject: Request for Extension on the Bethel NOV
Mr. Tankard —
Please see the attached request, which relates to a separate NOV.
I am hopeful and appreciative for your consideration and confirmation on this matter.
Thanks in advance,
Pete
Peter C. Anderson
Principal
BEVERIDGE & DIAMOND, P.C. BE1/ERII7CJE
409 East Blvd., Charlotte, NC 28203 / 1350 I Street, NW, Suite 700, Washington, DC 20005
T 704.756.8800 (cell) / 704.372.7370 (office) / 202.789.6014 &DIAMOND
PAnderson@bdlaw.com
CONFIDENTIALITY STATEMENT: This electronic message contains information from the law firm of Beveridge & Diamond, P.C. and ma
be confidential or privileged. The information is intended solely for the use of the individual(s) or entity(ies) named above. If you are nc
the intended recipient, be aware that any disclosure, copying, distribution, or use of the contents of this message is prohibited. If you hav
received this e-mail in error, please notify us immediately by telephone at +1.202.789.6000 or by e-mail reply and delete this message
Thank you.
BEVERIDGE
& DIAMONbV
Peter C. Anderson
409 East Blvd.
Charlotte, NC 28203
Direct:)704) 372-7370
Cell:(704) 756-8800
Fax:)704) 372-7411
PAnderson@bdlaw.com
April 4, 2017
Mr. Robert Tankard
Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources
North Carolina Department of Environmental Quality
Re: SunEnergyl's Request for Extension
NOV-2017- PC - 0155
Bethel Solar Site
Pitt County
Dear Mr. Tankard:
As you know from our prior conversations and correspondence involving the Windsor
Solar Project, our law firm represents SunEnergyl. While we are completing our written
response to the prior Notice of Violation ("NOV"), which will be submitted next week, I have
learned that SunEnergyl received another NOV for a different project — involving the Bethel
Solar Site in Pitt County. Since that NOV was received on March 23, 2017, the response
deadline is currently set for April 7, 2017. Accordingly, I am requesting a similar 30-day
extension so we can engage in the same review tasks necessary for my client to adequately
respond.
Washington, D.C. Maryland New York Massachusetts New Jersey Texas California
BEVERIDGE & DIAMOND
Mr. Robert Tankard
Page 2
Accordingly, please confirm to me (by email) that your Office is willing to grant this 30-
day extension (until May 7, 2017). As with the prior NOV, SunEnergyl is taking this matter
very seriously and welcomes the opportunity to compare notes and work towards reaching a
mutually acceptable resolution of this dispute.
Sincerely,
Peter C. Anderson
Counsel to SunEnergyl
Scarbraugh, Anthony
From: Tankard, Robert
Sent: Thursday, April 06, 2017 7:33 AM
To: Scarbraugh, Anthony
Subject: FW: Request for Extension on the Bethel NOV
Attachments: SunEnergyl Letter to DEQ re Bethel Extention 3-30-17.pdf
From: Peter C. Anderson [mailto:PAnderson@bdlaw.com]
Sent: Tuesday, April 04, 2017 5:42 PM
To: Tankard, Robert <robert.tankard@ncdenr.gov>
Cc: Peter C. Anderson <PAnderson@bdlaw.com>; Sara Kanipe <SLange@bdlaw.com>
Subject: Request for Extension on the Bethel NOV
Mr. Tankard —
Please see the attached request, which relates to a separate NOV.
I am hopeful and appreciative for your consideration and confirmation on this matter.
Thanks in advance,
Pete
Peter C. Anderson
Principal
BEVERIDGE & DIAMOND, P.C. BEVERIDGE
409 East Blvd., Charlotte, NC 28203 / 1350 I Street, NW, Suite 700, Washington, DC 20005
T 704.756.8800 (cell) / 704.372.7370 (office) / 202.789.6014 &DiAMONb
PAnderson@bdlaw.com
CONFIDENTIALITY STATEMENT: This electronic message contains information from the law firm of Beveridge & Diamond, P.C. and ma
be confidential or privileged. The information is inten(ed solely for the use of the individual(s) or entity(ies) named above. If you are nc
the intended recipient, be aware that any disclosure, copying, distribution, or use of the contents of this message is prohibited. If you hav
received this e-mail in error, please notify us immediately by telephone at +1.202.789.6000 or by e-mail reply and delete this message
Thank you.
RECEIVED/NCDENR/DWR
Scarbraucilh, Anthony
From: Tankard, Robert
Sent: Monday, April 10, 2017 8:02 AM Water Quality Regional
To: Scarbraugh, Anthony operations Section
Cc: Sullivan, Shelton
Washington Regional Office
Subject: FW: Sun Energy/Windsor Response to NOV
Attachments: Windsor NOV Response Document Final 4-9-17 .pdf, Attachment A - Windsor - Jay
Keller.Steve Rutledge_Wetland_11.7.13.pdf, Attachment B - Windsor TractB wetland
area2.pdf
From: Peter C. Anderson [mailto:PAnderson@bdlaw.com]
Sent: Sunday, April 09, 2017 10:01 PM
To: Tankard, Robert <robert.tankard@ncdenr.gov>
Cc: Peter C. Anderson <PAnderson@bdlaw.com>
Subject: Sun Energy/Windsor Response to NOV
Mr. Tankard —
Please see the attached response to the NOV (and two related attachments), which is being sent on behalf of my client,
SunEnergyl.
Thanks again for the prior extension, and please let me know if you have any questions, or need any additional
information.
Sincerely,
Pete
Peter C. Anderson
Principal
BEVERIDGE & DIAMOND, P.C. EUERIDGE
409 East Blvd., Charlotte, NC 28203 / 1350 I Street, NW, Suite 700, Washington, DC 20005 B
T 704.756.8800 (cell) / 704.372.7370 (office) / 202.789.6014 &DIAMOND
PAnderson@bdlaw.com
CONFIDENTIALITY STATEMENT: This electronic message contains information from the law firm of Beveridge & Diamond, P.C. and ma
be confidential or privileged. The information is intended solely for the use of the individual(s) or entity(es) named above. If you are nc
the intended recipient, be aware that any disclosure, copying, distribution, or use of the contents of this message is prohibited. If you hav
received this e-mail in error, please notify us immediately by telephone at +1.202,789.6000 or by e-mail reply and delete this message
Thank you.
Thursday, April 6, 2017 at 2:38:25 PM Eastern Daylight Time
Subject: FW: Windsor solar tract B wetland area
Date: Thursday, November 7, 2013 at 12:00:18 AM Eastern Standard Time
From: Rutledge, R Steve
To: Bradely Fite (brsdley.fite@sunenergyl.com)
CC: Cranfill, Andy Jr, Kennedy, Brian T, jay@kellerenvironmental.com
Attachments: Windsor TractB wetland area.pdf, IMG_4666.jpg
Jay I agree with your summary and after looking at the attached layout drawing it is almost exactly in line
with what we had estimated on Monday. Go ahead and plan on meeting with the surveyor as soon as
possible.
Bradley what this means to you is that based on the layout I had Monday and this drawing you have roughly
half the width of the project,site where the (blue line/wetlands is located on Track B) that you can reshape
and build as you like. Remember that you will need to maintain a ditch - drainage area for any flow coming
from the other half of the wetlands so that it can drain off of our site.
Talk with you later today.
From: Jay Keller [mailto:jay@kellerenvironmental.com]
Sent: Wednesday, November 06, 2013 9:36 PM
To: Rutledge, R Steve
Cc: Bradley Fite; Kennedy, Brian T; Cranfill, Andy Jr
Subject: Windsor solar tract B wetland area
Hello Steve, please review the attached wetland area map for Tract B. The hydric soils & vegetation were
very evident in the northern end of the wetland feature. However, the hydrology was lacking. I drilled
several holes, some down to 30" and never hit saturated soils. The Fac- test is definitely there but did not see
any other primary or secondary wetland hydrology factors. Spagnum moss was also thick in some areas but
was concentrated in what appeared to be old tire track areas. This was likely due to the log skidders
crisscrossing this area since the staging area was immediately to the west of this bowl -shaped area.
Therefore, I recommend the following. Have the surveyor acquire flags AA 1 to 7 & BB 1 to 7. The current
map was done with a hand-held garmin gps. I also tied a pink wetland boundary flag just beyond flags AA &
BB 7. The lower part of the identified area will be the hydrological connection to the lower dirt road culvert
& eventually Cashie River. The middle & lower areas were dominated by sweetgum & especially loblolly
pines. Both of which are more indicative of non -wetlands compared to the more prevalent maples up top.
Though there's a decent slope in the lower section, no drainage patterns, wrack lines, etc. were evident and
the pine straw was thick & relatively undisturbed.
This should give Bradley some flexibility to continue the rows across this entire drainage area, especially the
middle & lower rows. The lower site could be graded provided he maintains the hydrological connection,
which he will since he needs this drainageway. As William told us Monday, he could drive pilings throughout.
Since it's mostly grass, rush, & sedge plants with some saplings, mowing in there should be fairly simple.
Though the photo is not the greatest due to the early morning sun, it gives a representation of what the
upper area looks like. I could meet the surveyor this Friday at 2 or after. Tuesday early morning or late
afternoon is possible too. We have some site assessments scheduled down there Tuesday. Hope this helps &
feel free to contact me for discussion. Thanks, Jay
Page 1 of 2
Jay Keller
Principal
Keller Environmental, LLC
7921 Haymarket Lane
Raleigh, NC 27615
(919) 749-8259 cell
www.kellerenvironmental.com
Page 2 of 2
BEVERIDGE
&D1AM0NbNNrE
April 9, 2017
Robert Tankard
Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
943 Washington Square Mall
Washington, North Carolina 27889
RE: Notice of Violation and Recommendation for Enforcement
NOV-2017-WP-0002
Windsor Solar Site
DWR Project #2016-2017 (Withdrawn)
Bettie County
Sent via email
Dear Mr. Tankard:
Peter C. Anderson
13501 Street, N.W.
Suite 700
Washington, D.C. 20005-3311
Direct:(202) 789-6014
Fax:(202) 789-6190
Panderson@bdlow.com
As you know, our law firm represents SunEnergyl, LLC ("SEl") in this matter, and on
behalf of our client, we thank you for extending the deadline for response to the Notice of
Violation and Recommendation for Enforcement dated February 22, 2017 (the "NOV") that was
issued to Duke Energy Renewables NC Solar, LLC ("DER") and SEL Because the events in
question occurred in the fall of 2013, SE1 has taken reasonable measures to gather and review
related documents and emails, as well as speak with personnel to better recall the underlying
facts involving the grading activities and responsibilities at the Windsor Solar Project. In
addition, SEl remains willing to review any additional documents or related information in the
possession of the North Carolina Department of Environmental Quality ("NCDEQ") (formerly
Department of Environment and Natural Resources ("DENR")).
This project took place in phases, and involved a number of different parties who
assumed different responsibilities. Accordingly, before addressing the requested responses, we
are providing a short description of the parties and the relevant construction chronology as
ascertained from review of SE1 records.
BEVERIDGE & DIAMOND1K.
Page 2
Relevant Parties and Responsibilities for the Windsor Solar Project:
The Town of Windsor ("the Town") is the landowner of the subject property where
the Windsor Solar Project is located. The Town proposed the site location to DER
and executed a Ground Lease and Easement Agreement (the "Ground Lease") with
DER's affiliated project entity, Windsor Cooper Hill Solar, LLC, ("WCHS") -
effective October 24, 2013. The Town also selected the construction company,
Phelps & White ("P&W"), who cleared and graded the land for the project. The
contract work for clearing and grading the land was credited by the Town against the
DER Ground Lease.
WCHS is the tenant for the site under the Ground Lease with the Town. DER applied
for, and received approval of, the Erosion and Sedimentation Control Plan
("B&SCP") for the Windsor Solar Project. Under the Ground Lease, DER was
responsible for the clearing and grading of the property. Based upon its experience,
DER also took the lead (on behalf of WCHS) and hired/directed the following
subcontractors/consultants in various site -related activities, including wetlands
delineation:
Energy Renewable Partners ("ERP") — pre -construction wetlands
delineation.
Keller Environmental - wetlands delineation.
American Engineering ("AE") - civil engineering and Erosion and
Sediment Control Plan.
• SEl was the Engineering, Procurement and Construction ("EPC") firm for this
project, and was tasked with the construction of the solar facility.
Chronology of the Windsor Solar Project (Based on a Review of Available Records):
9/4/13 The Town introduced Bill Long (SEI) and Tim Phelps (P&W) to
the site.
9/5/13 Andy Cranfill (DER) submitted a boundary survey to SEL
9/18/13 Steve Rutledge (DER) coordinated with DENR regarding E&SCP
permitting with Lauren Sicarellis (ERP) regarding survey, CADD
files, layouts, topographic maps, etc.
10/11/13 WCHS issued a Notice to Proceed to SE I, pursuant to the EPC
Agreement.
10/15/13 Andy Cranfill (DER) discussed E&SCP permitting with
Allison Ward (DENR).
BEVERIDGE & DIAMONDI,
Page 3
10/21/13 Steve Rutledge (DER) contacted Bradley Fite (SE I) and asked
whether the Town had obtained an E&SCP permit. Steve Rutledge
(DER) indicated that trees could be harvested but no grubbing,
stump removal or grading could be performed.
10/24/13 The Ground Lease becomes effective. As provided by the Town,
P&W began site clearing on Tract A.
10/28/13 Andy Cranfill (DER) contacted Bradley Fite (SEI) and David
Harris (SEl) via email regarding the panel layout for Tract B,
which appeared to be outside the property boundary. Lauren
Sicarellis (ERP) needed the new layout to submit to DENR.
10/29/13 An Express Review meeting was held with DENR regarding
E&SCP and stormwater permitting. During this meeting, DENR
gave feedback and direction, which included, among other items:
Granting permission to contour some land.
Requesting a revised site layout, since the first version
was incorrect in that the E&SCP site boundary had
extended beyond the project parcel. Scott Stone (AE)
was tasked to submit a revised layout.
10/31/13 Andy Cranfill (DER) contacted Brian Kennedy (DER), Kenny
Habul and Bradley Fite (SEl) via email to discuss revised
drawings and the re -cutting of the two western ditches. Scott
Stone (AE) indicated that cutting the ditches would cause some
problems due to off -site properties. Plus, Stone had only heard of
the ditch change on 10/30/13.
10/31/13 Allen Castelloe (the Town) notifies Bill Long (SE1) that the
Town had received an invoice from Tim Phelps (P&W) for the tree
clearing.
11/1/13 Scott Stone (AE) notified Bradley Fite (SEl), Kenny Habul (SE I),
Andy Cranfill (DER), Lauren Sicarelli (ERP), James McRacken
and Brian Kennedy (DER) via email that Pat McClain (NCDENR)
had contacted Scott, informing him that the E&SCP Permit was
approved. Stone's email states:
"His approval assumes that he will receive the two revised
sheets which show the new panel layout for Tract B. We
still need guidance on the recent panel layout as there are
still panels shown in a recorded easement on Tract B. "
BEVERIDGE & DIAMONDn:
Page 4
11/6/13 Jay Keller (Keller Environmental) contacts Steve Rutledge (DER)
stating that the middle and the lower section of the previously
identified wetland by ERP was more indicative of non -wetlands.
In particular, Keller advised:
"This should give Bradley some flexibility to continue
rows across the entire drainage area, especially the middle
and lower rows. The lower site could be graded provided
he maintains the hydrological connection, which he will
since he needs this drainage way. As William told us
Monday, he could drive pilings throughout. "
For completeness, the entire email is included as Attachment A.
11/7/13 Steve Rutledge (DER) responded to Jay Keller (Keller
Environmental) and agreed with his summary. He directed Keller
to meet with his surveyor as soon as possible. Rutledge (DER)
also included Bradley Fite (SEl) on the same email with an
attached drawing (see Attachment B), which showed the wetland
extending only to the middle of the original delineation. Rutledge
(DER) specifically instructed Fite (SEI) that:
"You have roughly half the width of the project site where
(blue line/wetlands is located on Track B) that you can
reshape and build as you like. Remember that you will
need to maintain a ditch -drainage area for any flow
coming from the other half of the wetlands so that it can
drain off our site. "
11/12/13 Shane Batchelder (SEI) informs Kenny Habul (SEI) that 70% of
Tract B had been cleared only and had not been contoured.
11/14/13 Andy Cranfill (DER) emails the construction/clearing invoice from
Phelps & White to Kenny Habul (SE1). The final invoice was
submitted on 1/7/14.
12/31/13 Project construction completed.
9/27/16 NCDEQ — Division of Mitigation Services ("DMS") approves
compensatory mitigation for jurisdictional waters impact.
12/8/16 CEI submits application to USACE and DWR regarding after -the -
fact Pre -Construction Notice for a Clean Water Act Section 404
Nationwide Permit 39, and Clean Water Act Section 401
certification.
BEVERIDGE & DIAMONDIX:
Page 5
With this summary of parties and the timeline of the project in mind, below are responses
to the specific questions set forth in the NOV.
REQUESTED RESPONSE 1: Plan of Action
On February 16, 2017, SE1 met with representatives of the U.S. Army Corps of
Engineers ("USACE") and N.C. Department of Environmental Quality, Division of
Water Resources ("NCDWR") and Division of Energy, Mining, and Land Resources
("DEMLR"). DER, CEI, and Keller Environmental also attended the meeting. Contrary
to the prior expert conclusions reached by DER's wetland delineation experts, the
regulatory agencies and environmental consultants now allege that there may be an
indeterminate area that met wetland criteria, and that this area may have been disturbed,
graded and solar arrays installed in this location.
SEl is aware of DER's response regarding the proposed and approved sampling plan to
further delineate the wetland boundary and the extent of impact due to the installation of
solar panels, associated infrastructure, and earthen fill. SEl is currently coordinating
with DER and Carolina Ecosystems, Inc. ("CEI") to complete this plan and is willing to
continue to work with DER to take appropriate corrective action if necessary.
REQUESTED RESPONSE 2: Construction Chronology & Impact Explanation
The above chronology provides a detailed explanation of pre -construction and
construction activities at the site. In sum, based upon document review and
conversations with personnel involved with the project, the actual earthwork
construction activities began at the site in late October 2013 and continued through
November 2013. As previously noted, the clearing and grading was performed by
P&W. More specifically, based upon a summary of tasks contained within the P&W
invoice, it appears the clearing occurred between October 24, 2013 and November 13,
2013. SEl was aware that the equipment arrived on site in early November with the
solar panels being installed in December 2013.
As indicated in DENR's approved E&SCP (dated November 1, 2013), jurisdictional
waters were delineated in the southern Tract B field, and this area was not to be disturbed
per the approved plan. However, since the E&SCP permit was issued to DER and was
under their control, SEl reasonably expected that DER would submit revised plans to
DENR upon DER's determination that the lower portion of the wetland in Tract B was in
fact available for construction. As previously noted in the chronology, Steve Rutledge
(DER) informed SE and directed them to install posts throughout.
BEVERIDGE & DIAMONDrc
Page 6
REQUESTED RESPONSE 3: 401 Water Ouality Certification and 404 Permit.
SEI did not coordinate nor manage the wetland delineation or permitting processes.
DER took on this responsibility and hired two wetlands delineation consultants, and
managed the boundary and topography surveys, which were used in conjunction with
ERP's wetland determination to generate an E&SCP.
As noted in their response to the NOV, DER did not believe that the project required a
Section 404 permit or Section 401 certification. It is also important to note that
throughout this process, and at all phases of the project, each of the various parties
maintained open communication with representatives from NCDEQ, including Pat
McClain, who visited the site regularly.
REQUESTED RESPONSE 4: Wetland Delineation.
SEI understands that DER and CEI are performing an approved scope of work to further
delineate the referenced jurisdictional waters, with on -site work conducted the week of
April 3, 2017. SEI's engineering and construction team is willing to assist in any
continued site investigation.
REQUESTED RESPONSE 5: Restoration Plan
SEI understands that DER and CEI will submit a delineation report to DWR and
USACE, who will make a final and agreed upon spatial extant and wetland
determination. SEI is willing to coordinate with DER and CEI in their planned efforts to
submit a Restoration Plan, and, based on the final determinations, SEI will work
collaboratively with DER to mitigate the wetland impact.
REQUESTED RESPONSE 6: Preventive Planning and Implementation
Although this project did not involve SEI permits, the company has always been
committed to continually improving its environmental compliance standards and due
diligence processes. Recently, SEI has augmented our professional environmental staff
with personnel from the environmental consultant industry. By augmenting staff as well
as implementing an improved internal process to review critical wetlands issues, SEI is
well -positioned to fully comply with all the requirements of federal, state, and local
environmental regulations.
BEVERIDGE &DIAMONDIK:
Page 7
CONCLUSION:
SEl is continuing to work with DER on wetland delineation, and if impacts are
identified, SE is willing to assist with remedial efforts.
Please let us know if there is additional information we can provide to ensure a complete
understanding of our Action Plan and the contingent evaluations anticipated for a future
mitigation plan. Thank you again for granting SEl an extension of time to respond to this Notice
of Violation and Recommendation for Enforcement Notice.
Sincerely,
Peter C. Anderson
Counsel for SunEnergyl, LLC
cc: Kenny Habul —CEO, SEl
Bradley Fite, Chief Operating Officer, SEl
Kyle Barnes — USACE — Washington Office
Kelly Hoyt — Environmental Program Manager, SE 1
Mackenzie Meinhold —Staff Attorney, SE
W
li
►-
Scarbrauqh, Anthon
From: Scarbraugh, Anthony
Sent: Monday, April 17, 2017 11:36 AM
To: 'Chris Hopper'; 'Barnes, Kyle W CIV USARMY CESAW (US)'
Cc: 'Johnston, Charlie'; 'Brian Smith'; matt.Hooper@duke-energy.com; May, David; Tankard,
Robert
Subject: RE: [WARNING: A/V UNSCANNABLE][Non-DoD Source] Windsor Solar
Mr. Hooper,
This Office concurs with the approach and would appreciate that any further correspondence associated with resolution
of a violation issued by the Division of Water Resources be submitted and commented on prior to implementation of the
schedule work plan.
Regards,
Anthony Scarbraugh
Environmental Senior Specialist
Division of Water Resources — Water Quality Regional Operations Department of Environmental Quality
252 948 3924 office
anthony.scarbraugh@ncdenr.gov
943 Washington Square Mall
Washington, NC 27889
Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed
to third parties.
-----Original Message -----
From: Chris Hopper [mailto:chris.hopper@carolinaeco.com]
Sent: Monday, April 17, 2017 9:12 AM
To: Scarbraugh, Anthony<anthony.scarbraugh@ncdenr.gov>; 'Barnes, Kyle W CIV USARMY CESAW (US)'
<Kyle. W.Barnes@usace.army.mil>
Cc: 'Johnston, Charlie' <Charlie.Johnston@duke-energy.com>;'Brian Smith' <brian.smith@carolinaeco.com>;
matt. Hooper@duke-energy.com
Subject: RE: [WARNING: A/V UNSCANNABLE][Non-DoD Source] Windsor Solar
Anthony:
Of course - the plan proposed to identify 404 extents is attached. Please let us know if you have questions.
Regards,
Chris
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Scarbraugh, Anthony
From: Hayes, Tim <Tim.Hayes@duke-energy.com>
Sent: Friday, April 21, 2017 4:51 PM
To: Tankard, Robert; Scarbraugh, Anthony
Cc: McNay, Tom; Barnes, Kyle
Subject: Duke Energy Renewables Windsor Solar Follow-up
Robert and Anthony: Thanks again for talking to Tom and I earlier this week. Per our discussion, the field work (soil
borings) to determine the wetland boundaries and extent at the Windsor solar site should have wrapped up today. We
expect to receive a draft report by mid -next week. We will need some time to review it, so we propose to provide a
copy of the report to NC DWR (and the Army Corps) by COB Friday, May 5. Let me know if that proposed schedule is
satisfactory. In the meantime, if something changes on this schedule, I will let you know. Thanks and have a good
weekend.
Tim
Timothy A. Hayes
Director, Environmental
Duke Energy Renewables
301 Home Avenue
Terre Haute, IN 47803
Office: (812)231-6771
Cell: (317)902-2432
tim.havesCdduke-energy.com
aEGENED)NODENwDWR
APR 21 M7
Water Quality Regional
operations
WashIn9on Regional office
Scarbraugh, Anthony
Subject: Duke Energy Renewables Windsor Solar Project
Location: Conference Call: 866-385-2663 Code: 304921
Start: Thu 5/25/2017 9:00 AM
End: Thu 5/25/2017 10:30 AM
Recurrence: (none)
Meeting Status: Accepted
Organizer: Hayes, Tim
Conference Call Number: 866-385-2663
Conference Code: 304921
Agenda
1. Introductions
2. Overview of Soil Investigation Report (Brian Smith/Charlie Johnston)
3. Discuss Options for Restoration/Resolution
a. Use of After the Fact NWP (i.e. 51, 39, etc.)
b. Restoration Plan Overview
c. Compensatory Mitigation for Impacts
d. Pre -Construction Notification
4. Schedule for Restoration Activities
5. Final Wrap-Up/ReviewofAction Items
6. Adjourn
1
Scarbraugh, Anthony
From: Scarbraugh, Anthony
Sent: Tuesday, May 23, 2017 10:07 AM
To: 'Hayes, Tim'
Cc: Biddlecome, Bill; Tankard, Robert; McNay, Tom; Barnes, Kyle; Johnston, Charlie
Subject: RE: Duke Energy Renewables Windsor Solar Site
Mr. Hayes,
The Division of Water Resources staff will be available from 8 until 3 on Thursday.
Thanks,
Anthony Scarbraugh
Environmental Senior Specialist
Division of Water Resources —Water Quality Regional Operations
Department of Environmental Quality
252 948 3924 office
anthony.scarbraugh@ncdenr.gov
943 Washington Square Mall
Washington, NC 27889
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Hayes, Tim [mailto:Tim.Hayes@duke-energy.comj
Sent: Friday, May 19, 2017 2:54 PM
To: Scarbraugh, Anthony<anthony.scarbraugh@ncdenr.gov>; Barnes, Kyle <Kyle.W.Barnes@usace.army.mil>
Cc: Biddlecome, Bill <William.j.biddlecome@usace.army.mil>; Tankard, Robert <robert.tankard@ncdenr.gov>; McNay,
Tom <Tom.McNay@duke-energy.com>; Johnston, Charlie <Charlie.Johnston@duke-energy.com>
Subject: Duke Energy Renewables Windsor Solar Site
Mr. Scarbraugh and Barnes: This past Monday, May 15 you received a proposal from Duke Energy Renewables to
resolve alleged wetlands/waters non-compliance issues at the Windsor Solar site located in Bertie County, NC.
It is Duke's desire to resolve this issue expeditiously and would prefer to execute the agreed upon restoration activity
during the upcoming dry summer conditions. With this in mind to keep us on schedule, would you all be available to
meet with us via conference call next Wednesday or Thursday to discuss our proposal? Let me know which day (if any)
works best for you and the times you are (or aren't) available and I will send out a meeting notice with up a conference
call number.
Thanks and have a good weekend.
Tim
Timothy A. Hayes
Director, Environmental
Duke Energy Renewables
301 Home Avenue
Terre Haute, IN 47803
Office: (812)231-6771
Cell: (317)902-2432
tim.havesPduke-energy.com
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Scarbrauqh, Anthon
From: Scarbraugh, Anthony
Sent: Monday, June 05, 2017 5:03 PM
To: 'Hayes, Tim'
Cc: 'Biddlecome, Bill'; Tankard, Robert; 'McNay, Tom'; 'Barnes, Kyle'; 'Johnston, Charlie'
Subject: RE: Duke Energy Renewables Windsor Solar Site
Mr. Hayes,
Per request via telephone conversation this afternoon, the Division of Water Resource has requested a tentative
completion date for restoration activities of December 1, 2017. If the restoration completion date cannot be met, the
Division will require an extension by submitted in writing with the associated justification documentation. If you have
any further questions or concerns, please feel free to contact me.
Regards,
Anthony Scarbraugh
Environmental Senior Specialist
Division of Water Resources — Water Quality Regional Operations
Department of Environmental Quality
252 948 3924 office
anthony.scarbraugh@ncdenr.gov
943 Washington Square Mall
Washington, NC 27889
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Scarbraugh, Anthony
Sent: Tuesday, May 23, 2017 10:07 AM
To: 'Hayes, Tim' <Tim.Hayes@duke-energy.com>
Cc: Biddlecome, Bill <William.j.biddlecome@usace.army.mil>; Tankard, Robert <robert.tankard@ncdenr.gov>; McNay,
Tom <Tom.McNay@duke-energy.com>; Barnes, Kyle <Kyle.W.Barnes@usace.army.mil>; Johnston, Charlie
<Charlie.Johnston@duke-energy.com>
Subject: RE: Duke Energy Renewables Windsor Solar Site
Mr. Hayes,
The Division of Water Resources staff will be available from 8 until 3 on Thursday.
Thanks,
Anthony Scarbraugh
Environmental Senior Specialist
Division of Water Resources — Water Quality Regional Operations
Department of Environmental Quality
252 948 3924 office
anthony scarbrauahOncdenr aov
943 Washington Square Mall
Washington, NC 27889
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Hayes, Tim [mailto:Tim.Haves duke-enerav com]
Sent: Friday, May 19, 2017 2:54 PM
To: Scarbraugh, Anthony <>; Barnes, Kyle <KvIe.W.Barnes(ausace.armv.mil>
Cc: Biddlecome, Bill <William.LbiddlecomeCuusace.armv.mil>; Tankard, Robert <robert.tankardCdncdenr.¢ov>; McNay,
Tom <Torn.McNav@duke-enerev.com>; Johnston, Charlie <Charlie.JohnstonCo)duke-enerev.com>
Subject: Duke Energy Renewables Windsor Solar Site
Mr. Scarbraugh and Barnes: This past Monday, May 15 you received a proposal from Duke Energy Renewables to
resolve alleged wetlands/waters non-compliance issues at the Windsor Solar site located in Bertie County, NC.
It is Duke's desire to resolve this issue expeditiously and would prefer to execute the agreed upon restoration activity
during the upcoming dry summer conditions. With this in mind to keep us on schedule, would you all be available to
meet with us via conference call next Wednesday or Thursday to discuss our proposal? Let me know which day (if any)
works best for you and the times you are (or aren't) available and I will send out a meeting notice with up a conference
call number.
Thanks and have a good weekend.
Tim
Timothy A. Hayes
Director, Environmental
Duke Energy Renewables
301 Home Avenue
Terre Haute, IN 47803
Office: (812)231-6771
Cell: (317)902-2432
tim.haves(aDduke-enerev.com
Scarbraugh, Anthony
From: Johnston, Charlie <Charlie.Johnston@duke-energy.com>
Sent: Thursday, June 22, 2017 3:03 PM
To: Barnes, Kyle W CN USARMY CESAW (US); Scarbraugh, Anthony
Cc: Hayes, Tim; McNay, Tom; Brian.smith@carolinaeco.com; Snead, Paul B
Subject: RE: Bethel restoration
Kyle and Anthony,
I'll send out a meeting request shortly for next Friday (June 30) for 9:00 a.m. We will have the Bethel restoration plan
from Carolina Ecosystems to you both no later than COB Wednesday. We will also have preliminary drawings for the
Windsor restoration to you early next week and we'd like to discuss those also on the call.
Thanks,
Charlie
Charles Johnston, PWS, PMP
Senior Environmental Specialist I Siting & Licensing Support I Duke Energy
Office: 919-546-7323 Kell: 919-619-4732 Charles.Johnston@duke-energy.com I www.duke-energy.com
-----Original Message -----
From: Barnes, Kyle W CIV USARMY CESAW (US)[mailto:Kyle.W.Barnes@usace.army.mil]
Sent: Thursday, June 22, 2017 2:14 PM
To: Johnston, Charlie; Scarbraugh, Anthony
Cc: Hayes, Tim; McNay, Tom; Brian.smith@carolinaeco.com; Snead, Paul B
Subject: RE: Bethel restoration
Charlie,
I am back in the office now. The only day that I am available next week is Friday morning. If you have additional days in
mind let me know.
Kyle Barnes
Regulatory Specialist
US Army Corps of Engineers
Wilmington District
Washington Field Office
910-251-4584
We at the U.S. Army Corps of Engineers Regulatory Branch are committed to improving service to our customers. We
would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is
located at:
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 <http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0>
Thank you for taking the time to visit this site and complete the survey.
-----Original Message -----
From: Johnston, Charlie [mailto:Charlie.Johnston@duke-energy.com]
Sent: Wednesday, June 14, 2017 7:30 AM
To: Scarbraugh, Anthony <anthony.scarbraugh@ncdenr.gov>; Barnes, Kyle W CIV USARMY CESAW (US)
<Kyle. W. Ba rnes@ usace.army. mil>
Cc: Hayes, Tim <Tim.Hayes@duke-energy.com>; McNay, Tom <Tom.McNay@duke-energy.com>;
Brian.smith@carolinaeco.com; Snead, Paul B <Paul.Snead@duke-energy.com>
Subject: [Non-DoD Source] RE: Bethel restoration
Good morning,
We'll proceed forward then with drafting the Bethel restoration plan and set up a call for next week to clarify any
remaining questions if needed.
Thanks as always for responding so quickly.
Charlie
Charles Johnston, PWS, PMP
Senior Environmental Specialist I Siting & Licensing Support I Duke Energy
Office: 919-546-7323 1 Cell: 919-619-4732
Charles.Johnston@duke-energy.com <mailto:Charles.Johnston@duke-energy.com> I Blockedwww.duke-energy.com
<Blockedhttp://www.duke-energy.com/>
From: Scarbraugh, Anthony [mailto:anthony.scarbraugh@ncdenr.gov]
Sent: Wednesday, June 14, 2017 6:54 AM
To: Johnston, Charlie; Barnes, Kyle
Cc: Hayes, Tim; McNay, Tom; Brian.smith@carolinaeco.com; Snead, Paul B
Subject: RE: Bethel restoration
*** Exercise caution. This is an EXTERNAL email. DO NOT open attachments or click links from unknown senders or
unexpected email. ***
Mr. Johnston,
The Division of Water Resource staff are available; however, Mr. Barnes is on leave until next week.
Anthony Scarbraugh
Environmental Senior Specialist
Division of Water Resources - Water Quality Regional Operations
Department of Environmental Quality
252 948 3924 office
anthony.scarbraugh@ncdenr.gov <mailto:anthony.scarbraugh@ncdenr.gov>
943 Washington Square Mall
Washington, NC 27889
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Johnston, Charlie [mailto:Charlie.Johnston@duke-energy.comj
Sent: Tuesday, June 13, 2017 7:32 PM
To: Barnes, Kyle <Kyle.W.Barnes@usace.army.mil <mailto:Kyle.W.Barnes@usace.army.mil> >; Scarbraugh, Anthony
<anthony.scarbraugh@ncdenr.gov <mailto:anthony.scarbraugh@ncdenr.gov> >
Cc: Hayes, Tim <Tim.Hayes@duke-energy.com <mailto:Tim.Hayes@duke-energy.com> >; McNay, Tom
<Tom.McNay@duke-energy.com <mailto:Tom.McNay@duke-energy.com> >; Brian.smith@carolinaeco.com
<maiIto: Brian.smith@carolinaeco.com>; Snead, Paul B <Paul.Snead@duke-energy.com <mailto:Paul.Snead@duke-
energy.com> >
Subject: Bethel restoration
We'd like to have a quick conference call early Thursday morning to make sure we're all in alignment on what needs to
be done at Bethel, so Brian can put together the formal restoration plan. Please advise on your availability, thanks.
Charles Johnston, PWS, PMP
Senior Environmental Specialist I Siting & Licensing Support I Duke Energy
Office: 919-546-7323 1 Cell: 919-619-4732
Charles.Johnston@duke-energy.com <mailto:Charles.Johnston@duke-energy.com> I Blockedwww.duke-energy.com
<Blockedhttp://www.duke-energy.com/>
Scarbraugh, Anthony
From:
Hayes, Tim <Tim.Hayes@duke-energy.com>
Sent:
Thursday, June 29, 2017 10:23 AM
To:
Barnes, Kyle; Scarbraugh, Anthony
Cc:
Tankard, Robert; McNay, Tom; Johnston, Charlie; brian.smith@carolinaeco.com
Subject:
FW: Duke Energy Renewables Windsor Solar
Attachments:
WindsorSolar_PossiblePermitting_052617.pdf
Kyle and Anthony: To aid in our discussion tomorrow morning, attached is a map showing the extent of jurisdictional
waters as determined by the recent soil investigation and Duke's proposal for impacted waters and restored
waters. This map generally reflects our discussion on our May 25 conference call. Thanks
Tim
Timothy A. Hayes
Director, Environmental
Duke Energy Renewables
301 Home Avenue
Terre Haute, IN 47803
Office: (812)231-6771
Cell: (317)902-2432
tim.haves(Mduke-energv.com
From: Hayes, Tim
Sent: Wednesday, June 28, 2017 5:20 PM
To: Barnes, Kyle ; Scarbraugh, Anthony
Cc: Tankard, Robert; McNay, Tom; Johnston, Charlie; brian.smith(d)carolinaeco.com
Subject: Duke Energy Renewables Windsor Solar
Kyle and Anthony, In preparation of our call on Friday morning, I wanted to get you our proposed conceptual plan for
impact/restoration of wetlands/waters at the Windsor solar site. These are preliminary and conceptual in nature, but
incorporate the feedback we received from you on our last conference call. It will also give us a reference to talk from
during our discussion on Friday.
Also, (hopefully) you will be seeing a separate e-mail from me (due to file size) here in minute with a detailed restoration
plan prepared by Brian Smith at Carolina Ecosystems. It's a large file (17 MB) so I hope it goes through. If you do not see
a second e-mail from me on Bethel, let me know and we will strip out the photos to reduce the file size.
Thanks and we look forward to discussing these with you on Friday morning.
Timothy A. Hayes
Director, Environmental
Duke Energy Renewables
301 Home Avenue
Terre Haute, IN 47803
Office: (812)231-6771
Cell: (317)902-2432
tim.havesPduke-enerev.com
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From:
Johnston, Charlie <Charlie.Johnston@duke-energy.com>
Sent:
Thursday, July 27, 2017 1:43 PM
To:
Barnes, Kyle; Scarbraugh, Anthony
Cc:
Hayes, Tim; McNay, Tom; Hooper, Matt; Snead, Paul B
Subject:
meeting request re Windsor solar
Good afternoon,
We'd like to set up a meeting at your Washington offices for some time during the week of August 7 —11 to discuss the
Windsor solar site. Per the concerns raised during the last call, we are refining the proposed resolution - including
additional modeling of the overland flow which incorporates the new existing -conditions survey, and preparation of a
draft PCN detailing avoidance and minimization measures. We will provide you with those materials at least 2 days prior
to the meeting; most of these can be delivered via email but we can also postal mail full-size plats if necessary.
The removal of the panels at Bethel solar site is underway and is about 15% completed. The panels and torque rods are
being removed by hand with the only vehicular access occurring along the N-S sewer easement in order to expedite
moving the panels out of the restoration zone. Duke Energy staff were onsite yesterday and we are satisfied that no
undue ground disturbance is taking place. We anticipate all the panels will be out within another 10 -15 working days,
weather permitting. The E&SC plan from NC-DEMLR is still pending but we will ensure that it is in hand and all BMPs in
place prior to any heavy equipment entering the restoration area to remove the pilings. That removal is anticipated to
take as long as 6 - 8 weeks and Duke Energy staff will be onsite to monitor and stop work if necessary due to soil
wetness conditions.
Please advise me of your availability for the proposed meeting and we will adjust schedules here accordingly.
Thanks,
Charlie
Charles Johnston, PWS, PIMP
Senior Environmental Specialist I Siting & Licensing Support I Duke Energy
Office: 919-546-7323 1 Cell: 919-619-4732
Charles.Johnston@duke-energv.com I www.duke-energy.com
fDUKE
ENERGY.
SIGN UP SHEET
INTERAGENCY/SCOPING MEETING
Windsor Solar Meeting
September 7, 2017.9 am
Name
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Scarbraugh, Anthon
From: Hayes, Tim <Tim.Hayes@duke-energy.com>
Sent: Tuesday, September 05, 2017 2:37 PM
To: Barnes, Kyle ; Scarbraugh, Anthony, Tankard, Robert
Cc: Johnston, Charlie; McNay, Tom; Hooper, Matt
Subject: Duke Energy Renewables September 7 2017 Meeting with ACOE and NC DWR Email 1
of 3
Attachments: Agenda Windsor Solar Sept 7 2017 Meeting.docx; DRAFT Windsor PCN 5sept2017.docx
Good afternoon gentlemen. In preparation for our upcoming meeting on Thursday, September 5 at 9:00 a.m., I've
attached some information to this e-mail and will send 2 more a -mails out here today (due to file size). Attached to this
e-mail is a proposed agenda and a working draft of the Pre -Construction Notification (PCN). Please note some
highlighted areas on the draft PCN to discuss. Thanks we look forward to meeting with you all this Thursday.
Tim
Timothy A. Hayes
Director, Environmental
Duke Energy Renewables
301 Home Avenue
Terre Haute, IN 47803
Office: (812)231-6771
Cell: (317)902-2432
tim.haves(@duke-enerev.com
Agenda
September 7, 2017
Meeting between Duke Energy Renewables, U.S. Army Corps of Engineers, and
NC Department of Water Resources
Windsor Solar Site
1. Introductions
2. Draft Pre -Construction Notification Review
3. Review of Restoration Plan for Wetlands (0.48 acres)
a. Southeast Corner Wetlands (0.10 acres)
b. North Wetlands (0.38 acres)
4. Review of Proposed Impacted Wetlands (0.39 acres)
a. W2 East Wetlands (0.02 acres)
b. W3 Central Drainage Feature (0.37 acres)
S. Compensatory Mitigation
6. Next Steps/Action Items
7. Bethel Restoration Update (if time allows)
8. Adjourn
Draft — For Discussion
OF WATF� Purposes Only
o� o� Office Use Only:
Corps action ID no.
o T DWQ project no.
Form Version 1.3 Dec 10 2008
Pre -Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing
la.
Type(s) of approval sought from the
Corps:
®Section 404 Permit El Section 10 Permit
1b.
Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number:
1c.
Has the NWP or GP number been verified by the Corps?
® Yes
❑ No
1d.
Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
le.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ 401
Certification:
❑ Yes ® No
For the record only for Corps Permit:
❑ Yes ® No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu
fee program.
® Yes
❑ No
1 g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
® Yes
❑ No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2.
Project Information
2a.
Name of project:
Windsor Solar Tract B
2b.
County:
Berrie County, NC
2c.
Nearest municipality / town:
Windsor, NC
2d.
Subdivision name:
n/a
2e.
NCDOT only, T.I.P. or state
project no:
n/a
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Bertie County, Town of Windsor
3b.
Deed Book and Page No.
815/288
3c.
Responsible Party (for LLC if
applicable):
Scott Saver, County Manager
3d.
Street address:
PO Box 530
3e.
City, state, zip:
Windsor, NC 27983
3f.
Telephone no.:
3g.
Fax no.:
3h.
Email address:
Page 1 of 11
PCN Form —Version 1.3 December 10, 2008 Version
4.
Applicant Information (if different from owner)
4a.
Applicant is:
❑ Agent ® Other, specify: Facility Owner/Operator
4b.
Name:
Tom McNay
4c.
Business name
(if applicable):
Duke Energy Renewables NC Solar, LLC
4d.
Street address:
139 E 4th Street
4e.
City, state, zip:
Cincinnati, OH 45202
4f.
Telephone no.:
(513) 287-2029
4g.
Fax no.:
(513) 419-5910
4h.
Email address:
Tom.McNay@duke-energy.com
S.
Agent/Consultant Information (if applicable)
5a.
Name:
Brian Smith
5b.
Business name
(if applicable):
Carolina Ecosystems, Inc.
5c.
Street address:
3040 NC Hwy 42 W
5d.
City, state, zip:
Clayton, NC 27520
5e.
Telephone no.:
(919) 359-1102
5f.
Fax no.:
(919) 585-5570
5g.
Email address:
brian.smith@carolinaeco.com
Page 2 of 11
Draft — For Discussion
Purnoses Onl
B.
Project Information and Prior Project History
1.
Property Identification
1a.
Property identification no. (tax PIN or parcel ID):
PIN# 6811-91-2894
1b.
Site coordinates (in decimal degrees):
Latitude: 35.96286 Longitude: - 76.90695
(DD.DDDDDD) (-DD.DDDDDD)
1c.
Property size:
20.97 acres
2.
Surface Waters
2a.
Name of nearest body of water (stream, river, etc.) to
proposed project:
Cashie River
2b.
Water Quality Classification of nearest receiving water:
C: Sw
2c.
River basin: map is available at
Roanoke
hftp://h2o.enr.state.nc.us/admin/maps/
3.
Project Description
3a.
Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
This site (Tract B) is a fully developed parcel containing an existing solar power generation facility constructed in 2013
and 2014. The surrounding land use is timber production and undeveloped floodplain of the Cashie River. There is a
state correctional facility approximately % mile east of the site.
3b.
List the total estimated acreage of all existing wetlands on the property:
0.90
3c.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
0.00
3d.
Explain the purpose of the proposed project:
This photovoltaic solar generation facility currently supplies approximately 5 MwAC of electricity to the power grid.
3e.
Describe the overall project in detail, including the type of equipment to be used:
The site was undeveloped or in timber production prior to 2013. Clearing and grading of the site to accommodate
placement of solar arrays was performed in late 2013 and early 2014. Tract B currently has 11,280 post -mounted solar
panels with associated power inverters and transmission lines. Ongoing vegetation maintenance requires mechanical
mowing using tractor -drawn equipment and hand -operated weed trimmers.
Page 3 of 11
PCN Form — Version 1.3 December 10, 2008 Version
4.
Jurisdictional Determinations
4a.
Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past?
Comments: An onsite review by USACE on September 14,
® Yes ❑ No ❑ Unknown
2016, found 0.3 acres of existing wetlands on the northern
boundary. Subsequent soil boring investigations in April
2017 identified an additional 0.6 acres of filled wetlands
along a central drainageway and in the southeastern corner.
4b.
If the Corps
made the jurisdictional determination, what type
® Preliminary ❑ Final
of determination
was made?
4c.
If yes, who delineated the jurisdictional areas?
Agency/Consultant Company: Carolina Ecosystems, Inc.
Name (if known): Brian Smith
Other:
4d.
If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
Pending; to be co -submitted with this impact application. Field
work conducted in Sept. 2016 and April 2017.
6.
Project History
5a.
Have permits or certifications been requested or obtained for
❑Yes ®No El Unknown
this project (including all prior phases) in the past?
5b.
If yes, explain in detail according to "help file" instructions.
n/a
6.
Future Project Plans
6a.
Is this a phased project?
❑ Yes ® No
6b.
If yes, explain.
n/a
Page 4 of 11
C. Proposed Impacts Inventory
1. Impacts Summary
la. Which sections were completed below for your project (check all that apply):
® Wetlands ❑ Streams - tributaries ❑ Buffers
❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
2b.
2c.
2d.
2e.
2f.
Wetland impact
Type of jurisdiction
number—
Type of impact
Type of wetland
Forested
(Corps - 404, 10
Area of impact
Permanent (P) or
(if known)
DWQ — non-404, other)
(acres)
Temporary
W1 ®P ❑ T
Fill
PFO
® Yes
®Corps
0.37
❑ No
❑ DWQ
W2 ® P ❑ T
Fill
PFO
9-Yes
®Corps
0.02
❑ No
❑ DWQ
W3 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W4 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W5 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W6 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
2g. Total wetland impacts
0.39
2h. Comments: Wetland type (Palustrine, Forested) based on composition of adjacent undisturbed wetlands.
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
3 b.
3c.
3d.
3e.
3f.
3g.
Stream impact
Type of impact
Stream name
Perennial
Type of jurisdiction
Average
Impact
number -
Permanent (P) or
(PER) or
intermittent
(Corps - 404, 10
DWQ — non-404,
stream
width
length
(linear
Temporary (T)
(INT)?
other)
(feet)
feet)
S1 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S2 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S3 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S4 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S5 ❑ P ❑ T
❑ PER
El Corps
El INT
[I DWQ
S6 ❑ P El
❑ PER
❑ Corps
❑ INT
❑DWQ
3h. Total stream and tributary Impacts
3i. Comments:
Page 5 of 11
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
4b.
4c.
4-d
4e.
Open water
Name of waterbody
impact number—
(if applicable)
Type of impact
Waterbody type
Area of impact (acres)
Permanent (P) or
Tem ora
01 ❑P[IT
02 ❑P❑T
03 ❑P❑T
04 ❑P❑T
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5a.
5b.
5c.
5d.
5e.
Pond ID
Proposed use or purpose
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
number
of pond
(acres)
Flooded
Filled
Excavated
Flooded
F Filled
Excavated
Flooded
P1
P2
6f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWq)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a.
❑ Neuse ❑ Tar -Pamlico ❑ Other:
Project is in which protected basin?
❑ Catawba ❑ Randleman
6b.
6-c
6d.
6e.
6f.
6g.
Buffer impact
number—
Reason
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
for
Stream name
mitigation
(square feet)
(square feet)
Temporary
impact
required?
131 ❑P❑T
El Yes
❑ No
B2 ❑P❑T
El Yes
❑ No
B3 ❑P❑T
❑Yes
❑ No
6h. Total buffer impacts
6i. Comments:
Page 6 of 11
D.
Impact Justification and Mitigation
1.
Avoidance and Minimization
la.
Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
In consultation with USACE and as referenced in Section B. 4..a. above, the jurisdictional extent of wetlands on the
project site was derived from a combination of a September 2016 field review and the results of a May 2017 soil boring
investigation, as given in Figure A and the co -submitted Jurisdictional Determination Request. Total jurisdictional
wetlands on the Project site are 0.90 acres.
The Applicant is proposing to permit, after the fact, 0.39 acres of wetlands under NWP 39. In requesting this amount of
impact, the Applicant evaluated the Project layout in light of (i) the jurisdictional waters, (ii) the technical needs of a viable
solar project (which include maintaining practicable and effective vehicle traffic and electrical and mechanical connectivity
across the Project site), (iii) avoiding and minimizing permitted impacts by ensuring that the minimum amount of wetland
impacts (as necessary to maintain access and connectivity) remain after restoration, and (iv) ensuring that wetland
impacts are reduced to below the 0.5 acre threshold in NWP 39. With these factors in mind, the 0.39 acres of proposed
impact includes two areas. First, the Applicant proposes to retain and permit 0.37 acres of impact in the feature at Wt,
which bisects the site. As shown on Figure A, that impacted area extends from the access area along the southwestern
perimeter of the Project site to just above the northernmost internal access corridor across the site. Retaining these
impacts will allow the necessary access and connectivity and avoid isolating the eastern portion of the Project — absent
preserving these access points, maintaining the electrical and mechanical connectivity of the Tract B solar arrays would
prove very challenging from an engineering standpoint. The Applicant proposes to remove approximately 300 solar
panels (and associated equipment) from the uppermost 0.38 acres of that feature and then restore and enhance that
area. The Applicant will also create a surface drainage way along the 0.37 acres of impacted waters that will convey
overflow water between and under solar arrays to the south of the Project site. This created drainage way will be
providing a similar water conveyance function as the original wetland drainage feature that was filled.
As regards Impact W2 and the southeastern corner, this wetland feature was discovered during the 2017 soil boring
investigation. The Applicant now proposes leaving the small area (0.02 acre impacted) as is in order to allow continued
vehicle access along the fenced perimeter. The larger impacted area (0.10 acre restored) outside the fence abutting the
floodplain will be excavated and restored. An additional 0.03 acres of undisturbed wetlands will remain undisturbed.
b.
Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
The details of the restoration plan are supplied as a supplement or appendix to this application. In summary, the
northern area will have the solar panels removed by hand within the restoration area. Extraction of the pilings will be
done using tracked or wide -tire equipment. In areas where wetland vegetation is not currently established, any remaining
fill will be removed and replaced with organic soil suitable for re-establishment of wetland vegetation. Planting density,
species selection, and annual monitoring will then be conducted to meet DWR mitigation specifications. A low berm and
water control structure will be employed to maintain adequate hydrology and the engineering specifications for the
surface drainageway submitted for USACE/DWR review. The southeastern corner will be excavated to pre -construction
contours to restore floodplain connectivity and replanted as given above.
2.
Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a.
Does the project require Compensatory Mitigation for
® Yes ❑ No
impacts to Waters of the U.S. or Waters of the State?
2b.
If yes, mitigation is required by (check all that apply):
® DWQ ® Corps
❑ Mitigation bank
2c.
If yes, which mitigation option will be used for this
project?
® Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
Page 7 of 11
PCN Form —Version 1.3 December 10, 2008 Version
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type
Quantity
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
❑ warm ❑ cool ❑cold
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non -riparian wetland mitigation requested:
(to be determined) acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments:
6. Complete If Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) —required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation? If yes, you will have to fill out this entire form — please
contact the State for more information
❑yes ®No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 8 of 11
E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1 a.
Does the project include or is it adjacent to protected riparian buffers identified
❑Yes ®No
within one of the NC Riparian Buffer Protection Rules?
1 b.
If yes, then is a diffuse flow plan included? If no, explain why.
Comments:
El Yes ❑ No
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
< 1
2b.
Does this project require a Stormwater Management Plan?
❑ Yes ®No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why: The overall impervious coverage of this
project is below the stormwater management plan threshold.
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
❑ Certified Local Government
2e.
Who will be responsible for the review of the Stormwater Management Plan?
❑ DWQ Stormwater Program
❑ DWQ 401 Unit
3.
Certified Local Government Stormwater Review
3a.
In which local government's jurisdiction is this project?
❑ Phase II
3b.
Which of the following locally -implemented stormwater management programs
❑ NSW
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
4. DWQ Stormwater Program Review
® Coastal counties
4a.
Which of the following state -implemented stormwater management programs apply
❑ HQW
❑ ORW
(check all that apply):
❑ Session Law 2006-246
❑ Other:
4b.
Has the approved Stormwater Management Plan with proof of approval been
attached?
❑ Yes ❑ No
5. DWQ 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b.
Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 9 of 11
PCN Form —Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
la. Does the project involve an expenditure of public (federal/state/local) funds or the
❑yes No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.)
❑ Yes ❑ No
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
® Yes ❑ No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after -the -fact permit application?
® Yes ❑ No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): The presence of
unpermitted impacts to jurisdictional waters was self -reported to DWR and the Corps. The Applicant (and its contractor)
subsequently received DWR's Notice of Violation and Recommendation for Enforcement, dated February 22, 2017. The
Applicant provided its response to DWR, and its explanation of the impacts, by letter dated March 8, 2017. The Corps was
copied on the NOV and the Applicant's response. The Applicant now proposes to permit, after the fact, 0.39 acres of the
wetland impacts under NWP-39.
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
❑Yes ®No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
No wastewater is produced by this facility.
Page 10 of 11
PCN Form — Version 1.3 December 10, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
El Yes ®No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
® Yes ❑ No
impacts?
Sc. If yes, indicate the USFWS Field Office you have contacted.
® Raleigh
❑ Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
USFWS website (httos:/hvww fws aov/raleigh/soecies/cntylist/bertie html) for Bertie County. North Carolina Natural
Heritage Program GIS data updated June 2016.
S. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ®No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
NOAA EFH Mapper
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ®No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
HPOWEB Map Service (htto://ais.ncdcr.aov/hooweb) and National Register of Historic Places
(http:/Avww.nps.gov/nr/research).
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
❑ Yes ® No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? Bartle County GIS floodplain mapping, NC Floodplain
Mapping program (http://www.ncfloodmaps.com).
Applicant/Agent's Printed Name
Date
Applicant/Agent's Signature
(Agent's signature is valid only d an authorization letter from the applicant
is rovided.
Page 11 of 11
Scarbraugh, Anthon
From: Hayes, Tim <Tim.Hayes@duke-energy.com>
Sent: Tuesday, September 05, 2017 2:43 PM
To: Barnes, Kyle; Scarbraugh, Anthony, Tankard, Robert
Cc: Johnston, Charlie; McNay, Tom; Hooper, Matt
Subject: RE: Duke Energy Renewables September 7 2017 Meeting with ACOE and NC DWR Email
2of3
Attachments: 08086A3 - Windsor Cooper Hills Solar Farm - Drainage Plans - 2017-08-09.pdf
Attached to this e-mail (2 of 3) are the latest drainage plans that outline details of the proposed wetland restoration
(grading plan only), water conveyance, soil deposition area and other details. We plan to bring with us, large printouts
of these plans for ease of review at the meeting.
Tim
Timothy A. Hayes
Director, Environmental
Duke Energy Renewables
301 Home Avenue
Terre Haute, IN 47803
Office: (812)231-6771
Cell: (317)902-2432
tim.havest@duke-energy.com
From Hayes, Tim
Sent: Tuesday, September 05, 2017 2:37 PM
To: Barnes, Kyle ; Scarbraugh, Anthony; Tankard, Robert
Cc: Johnston, Charlie; McNay, Tom; Hooper, Matt
Subject: Duke Energy Renewables September 7 2017 Meeting with ACOE and NC DWR Email 1 of 3
Good afternoon gentlemen. In preparation for our upcoming meeting on Thursday, September 5 at 9:00 a.m., I've
attached some information to this e-mail and will send 2 more a -mails out here today (due to file size). Attached to this
e-mail is a proposed agenda and a working draft of the Pre -Construction Notification (PCN). Please note some
highlighted areas on the draft PCN to discuss. Thanks we look forward to meeting with you all this Thursday.
Tim
Timothy A. Hayes
Director, Environmental
Duke Energy Renewables
301 Home Avenue
Terre Haute, IN 47803
Office: (812)231-6771
Cell: (317)902-2432
tim.haves(@duke-enerev.com
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Scarbraugh, Anthon
From: Hayes, Tim <Tim.Hayes@duke-energy,com>
Sent: Tuesday, September 05, 2017 2:46 PM
To: Barnes, Kyle ; Scarbraugh, Anthony; Tankard, Robert
Cc: Johnston, Charlie; McNay, Tom; Hooper, Matt; 'Mike Morway'
Subject: RE: Duke Energy Renewables September 7 2017 Meeting with ACOE and NC DWR Email
3of3
Attachments: Windsor Cooper Hills Drainage Calculations Report - 2017-08-09.pdf
Attached to this e-mail (3 of 3) is a copy of the Drainage Calculation Report to support the design of the water
conveyance feature proposed for the project.
Tim
Timothy A. Hayes
Director, Environmental
Duke Energy Renewables
301 Home Avenue
Terre Haute, IN 47803
Office: (812)231-6771
Cell: (317)902-2432
tim.haves(dtduke-energy.com
From: Hayes, Tim
Sent: Tuesday, September 05, 2017 2:43 PM
To: Barnes, Kyle ; Scarbraugh, Anthony; Tankard, Robert
Cc: Johnston, Charlie; McNay, Tom; Hooper, Matt
Subject: RE: Duke Energy Renewables September 7 2017 Meeting with ACOE and NC DWR Email 2 of 3
Attached to this e-mail (2 of 3) are the latest drainage plans that outline details of the proposed wetland restoration
(grading plan only), water conveyance, soil deposition area and other details. We plan to bring with us, large printouts
of these plans for ease of review at the meeting.
Tim
Timothy A. Hayes
Director, Environmental
Duke Energy Renewables
301 Home Avenue
Terre Haute, IN 47803
Office: (812)231-6771
Cell: (317)902-2432
tim.havesOduke-enerev.com
From: Hayes, Tim
Sent: Tuesday, September 05, 2017 2:37 PM
To: Barnes, Kyle ; Scarbraugh, Anthony; Tankard, Robert
Cc: Johnston, Charlie; McNay, Tom; Hooper, Matt
Subject: Duke Energy Renewables September 7 2017 Meeting with ACOE and NC DWR Email 1 of 3
Good afternoon gentlemen. In preparation for our upcoming meeting on Thursday, September 5 at 9:00 a.m., I've
attached some information to this e-mail and will send 2 more a -mails out here today (due to file size). Attached to this
e-mail is a proposed agenda and a working draft of the Pre -Construction Notification (PCN). Please note some
highlighted areas on the draft PCN to discuss. Thanks we look forward to meeting with you all this Thursday.
Tim
Timothy A. Hayes
Director, Environmental
Duke Energy Renewables
301 Home Avenue
Terre Haute, IN 47803
Office: (812)231-6771
Cell: (317)902-2432
ti m.haves0cluke-enerev.com
Drainage Calculations
For
Windsor Cooper Hill Solar Farm
Wetland Restoration Drainage Systems
Prepared for:
Duke Energy Renewables
t
�1L
August 9, 2017�l
Prepared By:
Albemarle & Associates, Ltd.
115 West St. Clair Street
P.O. Box 3989
Kill Devil Hills, North Carolina
252-441-2113
e-mail: info(a_albemarleassociates.com
North Carolina License No. C-1027
Content pages
Drainage Narrative 4
Appendix A: Wetland Restoration 'WA"
- Figure 1 - Soils Map 2
- Figure 2 - Overall Drainage Area Map (WA) 1
- Figure 3 - Delineation of Drainage Segments (WA) 1
- Figure 4 - SW MM Skelton Model (WA) 1
- Table 1 - Swale Flow, Depth and Velocity (10-yr/24-hr event) 3
- Table 2 — Culvert Flow, Depth and Velocity (10-yr/24-hr event) 3
- Table 3 -Swale Flow, Depth and Velocity (50-yr/24-hr event) 3
- Table 4 — Culvert Flow, Depth and Velocity (50-yr/24-hr event) 3
Appendix B: Wetland Restoration 'WC"
- Figure 5 - Overall Drainage Area Map (WC) 1
- Figure 6 - Delineation of Drainage Segments (WC) 1
- Figure 7 - Hydrology Report - Flow (10-yr/24-hr event) 1
- Figure 8 - Diversion Swale - Depth and Velocity (10-yr,24-hr) 1
- Figure 9 - Hydrology Report - Flow (10-yr/24-hr event) 1
- Figure 10 - Culvert - Depth and Velocity (10-yr/24-hr event) 1
- Figure 11 - Outfall Swale - Depth and Velocity (10-yr/24-hr event) 1
- Figure 12 - Hydrology Report - Flow (50-yr/24-hr event) 1
- Figure 13 - Diversion Swale - Depth and Velocity (50-yr,24-hr) 1
- Figure 14 - Hydrology Report - Flow (10-yr/24-hr event) 1
- Figure 15 - Culvert - Depth and Velocity (50-yr/24-hr event) 1
- Figure 16 - Outfall Swale - Depth and Velocity (50-yr/24-hr event) 1
Appendix C: Support Data
- Figure 17 - Maximum Permissible Velocities (lined channels) 1
- Figure 18 - Soil Type Erosion Factors 1
- Figure 19 - Maximum Permissible Velocities (unlined channels) 1
- Figure 20 - Allowable Shear Stress (unlined channels) 3
Drainage Calculations
For
Windsor Cooper Hill Solar Farm
Wetland Restoration Drainage Systems
Prepared for:
Duke Energy Renewables
August 9, 2017
Prepared By:
Albemarle & Associates, Ltd.
115 West St. Clair Street
P.O. Box 3989
Kill Devil Hills, North Carolina
252-441-2113
e-mail: info(cD-albemarleassociates.com
North Carolina License No. C-1027
Content pages
Drainage Narrative 4
Appendix A: Wetland Restoration "WA"
- Figure 1 - Soils Map 2
- Figure 2 - Overall Drainage Area Map (WA) 1
- Figure 3 - Delineation of Drainage Segments (WA) 1
- Figure 4 - SW MM Skelton Model (WA) 1
- Table 1 - Swale Flow, Depth and Velocity (10-yr/24-hr event) 3
- Table 2 — Culvert Flow, Depth and Velocity (10-yr/24-hr event) 3
- Table 3 -Swale Flow, Depth and Velocity (50-yr/24-hr event) 3
- Table 4 — Culvert Flow, Depth and Velocity (50-yr/24-hr event) 3
Appendix B: Wetland Restoration 'WC"
- Figure 5 - Overall Drainage Area Map (WC) 1
- Figure 6 - Delineation of Drainage Segments (WC) 1
- Figure 7. - Hydrology Report - Flow (10-yr/24-hr event) 1
- Figure 8 - Diversion Swale - Depth and Velocity (10-yr,24-hr) 1
- Figure 9 - Hydrology Report - Flow (10-yr/24-hr event) 1
- Figure 10 - Culvert - Depth and Velocity (10-yr/24-hr event) 1
- Figure 11 - Outfall Swale - Depth and Velocity (10-yr/24-hr event) 1
- Figure 12 - Hydrology Report - Flow (50-yr/24-hr event) 1
- Figure 13 - Diversion Swale - Depth and Velocity (50-yr,24-hr) 1
- Figure 14 - Hydrology Report - Flow (10-yr/24-hr event) 1
- Figure 15 - Culvert - Depth and Velocity (50-yr/24-hr event) 1
- Figure 16 - Outfall Swale - Depth and Velocity (50-yr/24-hr event) 1
Appendix C: Support Data
- Figure 17 - Maximum Permissible Velocities (lined channels) 1
- Figure 18 - Soil Type Erosion Factors 1
- Figure 19 - Maximum Permissible Velocities (unlined channels) 1
- Figure 20 - Allowable Shear Stress (unlined channels) 3
Windsor Cooper Hills Solar Farm
Tract B Drainage System Narrative
Tract B of the Windsor Cooper Hill Solar Farm is located south of the Bertie Correctional Facility.
The site generally slopes from north to the south. Predeveloped LiDAR data indicates elevations
along the north site boundary ranging between 20 and 28 feet above mean sea level with the
south side ranging between 22 and 8 feet above mean sea level. The property was wooded prior
to development as a solar farm in 2013. This development included grading although drainage
patterns were generally maintained. In 2017, Duke Energy Renewables requested Albemarle &
Associates to assist with drainage and erosion control issues associated with proposed wetland
restoration efforts. This scope includes two areas within Tract B referred to as WA and WC.
Wetland Restoration Area WA
Wetland restoration area WA is located on the north edge of Tract B. Runoff from the north is
conveyed onto the project area and is directed through the site to the east within a natural swale.
The construction of the solar farm maintained this drainage pattern, although the site was cleared
and grading was performed which did result in modifications to the elevations in addition to altered
ground cover. The current drainage pattern from the wetland mitigation area meanders through
the solar arrays to the south and is directed into a 24" culvert which conveys runoff beneath the
gravel driveway and onto a rip -rap apron south of the site. Ultimately runoff flows into a
wetland/swamp area prior to being discharged into the Cashie River (stream classification C, Sw,
stream index 24-2-(1)). The drainage route between the wetland restoration area and the outfall
culvert was not graded as a defined channel and crosses arrays and access aisles at random. In
addition, the land is currently not stabilized very well in portions of this drainage way. This
combination has resulted in erosion along the southern half of the drainage way. This has been
further exacerbated by service vehicles rutting the access paths creating random and changing
points of concentrated flow as well as the effects of support pilings incurring additional erosion
issues.
It is desirable to establish a defined and protected drainage way for runoff to cross Tract B. The
project has low -density stormwater management permit that precludes this runoff from being
conveyed in a discrete (closed / underground) system, so an open swale system is deemed
necessary. The intent of the engineered swale system is to create a defined drainage way
between the solar arrays to reduce the potential for erosion at support posts and maintain access
for mowing and other maintenance. The location of the swale system follows the general route of
the existing drainage way in order to limit land disturbance and required grading. The swale
system utilizes culverts at drive access aisles to eliminate the potential for rutting to disrupt
drainage system at these locations as well as to shift the swale system west to align with existing
topographic conditions.
LiDAR data was utilized to establish overall drainage patterns within the areas to determine the
size of the drainage area that contributes to the system and for the preliminary design of the
drainage system. With this data it was determined that approximately 13.68 acres from the north
and east is directed into the wetland restoration area WA. Most of this area is off -site & wooded
and the soil type is defined as Leaf Loam (Lf) and Craven Fine Sandy Loam (1 % to 4% - CrB).
The soils map in included within this report (Figure 1). As the swale system proceeds south from
WA, additional drainage area (mostly from within the site) contributes to the system. These areas
have been broken down at each drive access aisle/culvert, with the upstream drainage area
referred to as "Area 5' and the lowest/last additional downstream drainage area referred to a
"Area 1". This is illustrated in the map in this report (Figure 2) and summarized in the table below.
Cumulative
Drainage Area
Area (ac)
Area (ac)
DA 5
13.68
13.68
DA 4
1.54
15.22
DA 3
1.84
17.06
DA 2
0.81
17.87
DA 1
1.42
19.29
Topographic survey data of the drainage system project area was obtained by JH Miller Jr. Land
Surveying and utilized for the final design of the drainage system. A 24-hour extended dynamic
model was created for the drainage system using EPA SWMM to calculate the discharge values
at each of the reaches noted above as well the corresponding depth and velocity of the flow within
the swales and culverts. Figures 3 & 4 illustrate the segments (swales & culverts) in plan view
and the corresponding modeling links. The dynamic modeling analyzes the drainage
characteristics within the system and reports the flow, depth and velocity for each link (swale
and/or culvert). These values are reported at 10-minute increments throughout the duration of the
24-hour event system and account for attenuation. Tables 1 through 4 include the peak flow,
depth and velocity of the 10-year (5.73 inches) and 50-year (8.51 inches) rainfall events. The
tables below includes the maximum flow, depth and velocities for each section of swale within the
10-year and 50-year rainfall event.
Swale Stability (10 - Year Discharge)
Maximum
Peak
Peak
Peak
Allowable
Peak Shear
Allowable
Slope
Discharge
Depth
Velocity
Velocity
Stress
Shear Stress
(ft/ft)
(cfs)
(ft/sec)
(ft/sec)
(ft/sec)
(Ibs/sf)
(Ibs/sf)
Swale 4
0.0088
6.01
1.08
1.32
5.0
0.30
1.25
Swale 3
0.0139
8.14
1.23
1.93
5.0
0.53
1.25
Swale 2
0.0103
9.38
1.25
2.09
5.0
0.40
1.25
Swale 1
0.0157
11.13
1.03
3.49
5.0
0.50
1.25
Swale Stability
(50-Year Discharge)
Maximum
Peak
Peak
Peak
Allowable
Peak Shear
Allowable
Slope
Discharge
Depth
Velocity
Velocity
Stress
Shear Stress
(ft/ft)
(cfs)
(ft/sec)
(ft/sec)
(ft/sec)
(Ibs/sf)
(Ibs/sf)
Swale 4
0.0088
13.27
1.54
1.36
5.0
0.42
1.25
Swale 3
0.0139
16.33
1.54
2.06
5.0
0.67
1.25
Swale 2
0.0103
17.52
1.59
2.02
5.0
0.51
1.25
Swale 1
0.0157
19.5
1.28
3.99
5.0
0.63
1.25
As shown in in Figures 17 & 18, the accepted maximum permissible velocity for vegetative lined
channels (grass mixture) on soils with a K value less than 0.37 is 5.0 ft/sec. The maximum velocity
within the swale system is calculated to be 3.49 ft/sec for the 10-year rainfall event and 3.99 ft/sec
for the 50-year rainfall event which is well below this accepted value for vegetated channels.
However, the accepted maximum velocity for unvegetated channels (prior to the establishment of
permanent vegetation) is 2.0 ft sec. To address this issue, a Rolled Erosion Control Product
(RECP) with a permissible channel velocity of at least 5 ft/sec will be utilized to maintain stability
within the channel and hold seeding in place until permanent vegetation is achieved. The selected
minimum liner maintains compliance with this condition (see Figure 19). Figure 20 also includes
permissible shear stress for the RECP which complies with the calculated values below. Appendix
A contains the figures and analysis summary tables for this drainage system associated with the
restoration area "WA".
Wetland Restoration Area WC
Wetland restoration area WC is located near the southeast corner of Tract B and receives runoff
from a combination of on -site land on the southeast corner of Tract B as well as and off -site land
to the east for a total drainage area of approximately 4.1 acres (see Figure 5). The area referred
to as WC was filled during construction and stabilized with a rip -rap armored slope that conveys
the runoff from the site to the swamp area to the south. This area will be excavated to restore
wetlands and a 3(H):1(V) slope will be established from the toe of the restoration area back up to
the existing grade.
Topographic conditions will continue the direct runoff to this portion of the site. To accommodate
this runoff, a "diversion swale" will intercept the runoff that would otherwise be directed to the re-
established slope (approximately 0.9 acres) and convey the runoff to the east. A culvert (referred
to as "diversion swale culvert") will be installed to collect runoff from the "diversion swale" plus the
terrain to the north and east (total drainage area approximately 4.1 acres) and convey it beneath
the fence. The culvert will discharge into a swale (referred to as "ouffall swale") which will convey
the runoff to a newly established rip -rap flume that will provide an armored path to direct runoff
down the slope and onto an rip -rap pad below to dissipate energy at the toe of the slope. These
elements are shown and labeled on Figure 6. A second rip -rap flume will be installed on the west
side of WC to collect and convey and runoff from the small drainage area in the immediate vicinity.
Because this drainage system is much smaller, Hydroflow software was used to develop
hydrographs for the "diversion swale" and "diversion swale culvert" and "outfall swale" for the 10-
year/24-hour and 50-year/24-hour rainfall events. These hydrographs are in the "Hydrology
Reports" contained in Appendix B. The resulting swale and culvert depths and velocities resulting
from these peak discharge values were then analyzed in the "Channel Reports" and "Culvert
Reports" that are also contained in Appendix B. The tables below includes the maximum flow,
depth and velocities for each section of swale within the 10-year and 50-year rainfall event.
Swale Stability (10-Year Discharge)
Maximum
Peak
Peak
Peak
Allowable
Peak Shear
Allowable
Slope
Discharge
Depth
Velocity
Velocity
Stress
Shear Stress
(ft/ft)
(cfs)
(ft/sec)
(ft/sec)
(ft/sec)
(Ibs/sf)
(Ibs/sf)
Diversion
Swale
0.0250
1.23
0.34
2.66
5.0
0.27
1.25
Outfall
Swale
0.0125
5.6
0.68
3.03
5.0
0.27
1.25
Swale Stability (50 - Year Discharge)
Maximum
Peak
Peak
Peak
Allowable
Peak Shear
Allowable
Slope
Discharge
Depth
Velocity
Velocity
Stress
Shear Stress
(ft/ft)
(cfs)
(ft/sec)
(ft/sec)
(ft/sec)
(Ibs/sf)
(Ibs/sf)
Diversion
Swale
0.0250
2.04
0.41
3.03
5.0
0.32
1.25
Outfal l
Swale
Swale
0.0125
9.31
0.0.73
4.37
5.0
0.28-6
1.25
As shown in in Figures 17 & 18, the accepted maximum permissible velocity for vegetative lined
channels (grass mixture) on soils with a K value less than 0.37 is 5.0 ft/sec. The maximum velocity
within the swale system is calculated to be 3.03 ft/sec for the 10-year rainfall event and 4.37 ft/sec
for the 50-year rainfall event which is well below this accepted value for vegetated channels.
However, the accepted maximum velocity for unvegetated channels (prior to the establishment of
permanent vegetation) is 2.0 ft sec. To address this issue, a Rolled Erosion Control Product
(RECP) with a permissible channel velocity of at least 5.0 ft/sec will be utilized to maintain stability
within the channel and hold seeding in place until permanent vegetation is achieved. The selected
minimum liner maintains compliance with this condition (see Figure 20). Figure 10 also includes
permissible shear stress for the RECP which complies with the calculated values below. Appendix
B contains the figures for this drainage system associated with the restoration area 'WC".
Appendix A
Wetland Restoration Area "WA"
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Soil Map—Bertie County, North Carolina
Map Unit Legend
Bartle County, North Carolina (NC016)
Map Unit Symbol
Map Unit Name
Acres in AOI
Percent of AOI
CrA
Craven fine sandy loam, 0 to 1
percent slopes
0.2
0.2%
CrB
Craven fine sandy loam, 1 to 4
percent slopes
60.7
61.2 %
Dk
Dorovan mucky peat,
frequently flooded
0.2
0.2%
Lf
Leaf loam
24.6
24.7%
Ro
Roanoke fine sandy loam,
frequently flooded
10.8
10.8%
WkB
Wickham fine sandy loam, 2 to
6 percent slopes
2.8
2.9%
Totals for Area of Interest
99.3
100.0%
USON Natural Resources Web Soil Survey 6/2/2017
Conservation Service National Cooperative Soil Survey Page 3 of 3
Figure 2
DRAINAGE AREA MAP
"WA --
tT y�^auVlM � � � ✓ ,-
.i
n' /—
i
O
Table 1
Windsor Tract B Drainage Routing Swale Flow, Depth & Velocity
(SWMM Model Results)
10-year/24-hour Event
Windsor Tract B Drainage Routing -10 year rainfall event (SWMM Model Results)
Table
- Link Swale-4
Table - Link Swale-3
Table - Link Swale-2
Table - Link Swale-1
Flow
Depth
Velocity
Flow
Depth
Velocity
Flow
Depth
Velocity
Flow
Depth
Velocity
Hours
(CFS)
(ft)
(fps)
(CFS)
(ft)
(fps)
(CFS)
(ft)
(fps)
(CFS)
(ft)
(fps)
0:10:00
0
0
0
0
0
0
0
0
0
0
0
0
0:20:00
0
0
0
0
0
0
0
0
0
0
0
0
0:30:00
0
0
0
0
0
0
0
0
0
0
0
0
0:40:00
0
0
0
0
0
0
0
0
0
0
0
0
0:50:00
0
0
0
O
0
0
0
0
0
0
0
0
1:00:00
0
0
0
0
0
0
0
0
0
0
0
0
1:10:00
0
0
0
0
0
0
0
0
0
0
0
0
1:20:00
0
0
0
0
0
0
0
0
0
0
0
0
1:30:00
0
0
0
0
0
0
0
0
0
0
0
0
1:40:00
0
0
0
0
0
0
0
0
0
0
0
0
1:50:00
0
0
0
0
0
0
0
0
0
0
0
0
2:00:00
0
0
0
0
0
0
0
0
0
0
0
0
2:10:00
0
0
0
0
0
0
0
0
0
0
0
0
2:20:00
0
0
0
0
0
0
0
0
0
0
0
0
2:30:00
0
0
0
0
0
0
0
0
0
0
0
0
2:40:00
0
0
0
0
0
0
0
0
0
0
0
0
2:50:00
0
0
0
0
0
0
0
0
0
0
0
0
3:00:00
0
0
0
0
0
0
0
0
0
0
0
0
3:10:00
0
0
0
0
0
0
0
0
0
0
0
0
3:20:00
0
0
0
0
0
0
0
0
0
0
0
0
3:30:00
0
0
0
0
0
0
0
0
0
0
0
0
340.00
0
0
0
0
0
0
0
0
0
0
0
0
3:50.00
0
0
0
0
0
0
0
0
0
0
0
0
4:00:00
0
0
0
0
0
0
0
0
0
0
0
0
4:10:00
0
0
0
0
0
0
0
0
0
0
0
0
4:20:00
0
0
0
0
0
0
0
0
0
0
0
0
4:30:00
0
0
0
0
0
0
0
0
0
0
0
0
4:40:00
0
0
0
0
0
0
0
0
0
0
0
0
4:50:00
0
0
0
0
0
0
0
0
0
0
0
0
5:00:00
0
0
0
0
0
0
0
0
0
0
0
0
5:10:00
0
0
0
0
0
0
0
0
0
0
0
0
5:20:00
0
0
0
0
0
0
0
0
0
0
0
0
5:30.00
0
0
0
0
0
0
0
0
0
0
0
0
5:40:00
0
0
0
0
0
0
0
0
0
0
0
0
5:50:00
0
0
0
0
0
0
0
0
0
0
0
0
6:00:00
0
0
0
0
0
0
0
0
0
0
0
0
6:10:00
0
0
0
0
0
0
0
0
0
0
0
0
6:20:00
0
0
0
0
0
0
0
0
0
0
0
0
6:30:00
0
0
0
0
0
0
0
0
0
0
0
0
6:40:00
0
0
0
0
0
0
0
0
0
0
0
0
6:50:00
0
0
0
0
0
0
0
0
0
0
0
0
7:00:00
0
0
0
0
0
0
0
0
0
0
0
0
7:10:00
0
0
0
0
0
0
0
0
0
0
0
0
7:20:00
0
0
0
0
0
0
0
0
0
0
0
0
7:30:00
0
0
0
0
0
0
0
0
0
0
0
0
7:40:00
0
0
0
0
0
0
0
0
0
0
0
0
7:50:00
0
0
0
0
0
0
0
0.01
0
0
0.01
0
8:00:00
0
0.02
0.63
0
0.03
0.77
0
0.03
0.72
0
0.05
0.51
8:10:00
0.01
0.05
0.71
0.01
0.06
0.92
0.01
0.08
0.56
0.01
0.1
0.41
8:20:00
0.01
0.07
O.S3
0.02
0.09
0.96
0.03
0.11
0.8
0.04
0.15
0.64
8:30:00
0.02
0.08
0.59
0.03
0.1
1.06
0.05
0.13
0.93
0.06
0.17
0.76
8:40:00
0.02
0.09
0.64
0.05
0.12
1.14
0.06
0.15
0.99
0.09
0.18
0.84
8:50:00
0.03
0.1
0.71
0.07
0.13
1.26
0.09
0.17
1.1
0.12
0.2
0.96
9:00:00
0.04
0.11
0.77
0.08
0.14
1.34
0.11
0.18
1.15
0.16
0.22
1.02
9:10:00
0.05
0.12
0.82
0.11
0.16
1.41
0.14
0.2
1.22
0.19
0.24
1.09
9:20:00
0.06
0.13
0.87
0.13
0.18
1.39
0.18
0.21
1.29
0.24
0.26
1.18
9:30:00
0.07
0.14
0.9
0.15
0.19
1.42
0.2
0.22
1.32
0.27
0.27
1.22
Windsor Tract B Drainage Routing
(SWMM Model Results)
Win11 dsor Tract B Drainage Routing- 30 year rainfall event (SWMM Model Results)
Table - Link Swale-4
Table - Link Swale-3
Table - Link Swale-2
Table - Link Swale-1
Flow
Depth
Velocity
Flow
Depth
Velocity
Flow
Depth
Velocity
Flow
Depth
Velocity
Hours
(CFS)
(ft)
(fps)
(CFS)
(it)
(fps)
(CFS)
(ft)
(fps)
(CFS)
(ft)
(fps)
9:40:00
0.08
0.14
0.93
0.17
0.19
1.47
0.23
0.24
1.36
0.31
0.29
1.26
9:50:00
0.09
0.15
0.96
0.2
0.2
1.53
0.26
0.25
1.41
0.35
0.3
1.32
10:00:00
0.1
0.16
0.97
0.22
0.21
1.59
0.29
0.26
1.44
0.4
0.31
1.37
10:10:00
0.11
0.16
0.99
0.25
0.22
1.64
0.32
0.27
1.47
0.43
0.32
1.4
10:20:00
0.13
0.17
1.02
0.28
0.23
1.71
0.36
0.28
1.51
0.49
0.33
1.44
10:30:00
0.16
0.18
1.06
0.33
0.25
1.74
0.43
0.3
1.57
0.57
0.35
1.52
10:40:00
0.19
0.2
1.1
0.38
0.27
1.77
0.48
0.32
1.61
0.65
0.37
1.57
10:50:00
0.22
0.21
1.14
0.44
0.28
1.77
0.55
0.33
1.66
0.73
0.39
1.62
11:00:00
0.27
0.23
1.19
0.52
0.31
1.8
0.64
0.35
1.71
0.85
0.4
1.72
11:10:00
0.31
0.24
1.21
0.58
0.33
1.8
0.72
0.37
1.75
0.95
0.42
1.78
11:20:00
0.38
0.27
1.25
0.71
0.36
1.81
0.86
0.4
1.82
1.13
0.45
1.87
11:30:00
0.48
0.3
1.28
0.86
0.39
1.86
1.05
0.43
1.89
1.36
0.48
1.97
11:40:00
0.57
0.33
1.26
1
0.42
1.87
1.22
0.46
1.92
1.57
0.51
2.05
11:50:00
1.28
0.48
1.32
2.12
0.6
1.93
2.53
0.63
2.09
3.25
0.66
2.51
12:00:00
2.2
0.64
1.28
3.63
0.81
1.84
4.35
0.83
2.05
5.47
0.79
2.89
12:10:00
3.19
0.76
1.29
5.05
0.98
1.76
5.95
0.97
1.42
7.27
0.88
3.12
12:20:00
4.13
0.86
1.18
6.15
1.11
1.67
7.24
1.08
1.02
8.78
0.94
3.28
12:30:00
5.13
0.95
0.95
7.19
1.18
1.71
8.37
1.16
0.81
10.07
0.99
3.4
12:40:00
6.01
1.04
0.71
8.14
1.23
1.78
9.38
1.23
0.68
11.13
1.03
3.49
12:50:00
5.93
1.08
0.53
7.72
1.22
1.72
8.82
1.25
0.61
10.69
1.02
3.45
13:00:00
5.4
1.06
0.53
7.36
1.2
1.7
8.19
1.22
0.63
10.01
0.99
3.39
13:10:00
5.2
1.05
0.58
6.95
1.18
1.67
7.62
1.17
0.7
9.19
0.96
3.32
13:20:00
5.03
1.03
0.61
6.56
1.15
1.64
7.12
1.12
0.8
8.41
0.93
3.24
13:30:00
4.87
1.01
0.66
6.21
1.13
1.63
6.65
1.08
0.91
7.71
0.9
3.17
13:40:00
4.8
0.99
0.71
5.94
1.09
1.65
6.35
1.05
1.01
7.22
0.88
3.11
13:50:00
4.7
0.98
0.76
5.7
1.06
1.67
6.06
1.02
1.11
6.81
0.86
3.06
14:00:00
4.61
0.96
0.8
5.49
1.04
1.69
5.81
1
1.21
6.46
0.84
3.02
14:10:00
4.54
0.95
0.83
5.33
1.02
1.71
5.61
0.98
1.29
6.19
0.83
2.99
14:20:00
4.41
0.94
0.85
5.14
1
1.72
5.4
0.96
1.38
5.91
0.82
2.95
14:30:00
4.33
0.93
0.89
4.99
0.98
1.73
5.22
0.94
1.47
5.67
0.8
2.92
14:40:00
4.23
0.91
0.92
4.84
0.96
1.74
5.04
0.92
1.55
5.45
0.79
2.89
14:50:00
4.13
0.9
0.96
4.69
0.94
1.76
4.88
0.91
1.64
5.25
0.78
2.86
15:00:00
4.08
0.89
0.99
4.59
0.93
1.76
4.77
0.9
1.69
5.12
0.78
2.84
15:10:00
4.01
0.88
1.01
4.5
0.92
1.77
4.67
0.89
1.74
4.99
0.77
2.82
15:20:00
3.94
0.88
1.03
4.4
0.91
1.77
4.56
0.88
1.8
4.87
0.76
2.8
15:30:00
3.9
0.87
1.06
4.34
0.9
1.78
4.5
0.87
1.84
4.8
0.76
2.79
15:40:00
3.85
0.86
1.07
4.27
0.89
1.78
4.43
0.86
1.86
4.72
0.75
2.77
15:50:00
3.82
0.86
1.09
4.23
0.89
1.78
4.39
0.86
1.88
4.67
0.75
2.77
16:00:00
3.84
0.86
1.1
4.23
0.89
1.78
4.4
0.86
1.88
4.69
0.75
2.77
16:10:00
3.83
0.86
1.1
4.23
0.89
1.78
4.4
0.86
1.87
4.7
0.75
2.77
16:20:00
3.7
0.85
1.12
4.13
0.88
1.78
4.29
0.85
1.89
4.57
0.74
2.75
16:30:00
3.6
0.83
1.16
4
0.86
1.79
4.15
0.83
1.95
4.41
0.73
2.72
16:40:00
3.49
0.82
1.2
3.86
0.85
1.8
3.98
0.82
1.97
4.21
0.72
2.69
16:50:00
3.37
0.81
1.21
3.7
0.83
1.8
3.81
0.8
1.98
4.02
0.71
2.65
17:00:00
3.3
0.79
1.23
3.58
0.81
1.81
3.68
0.79
1.99
3.87
0.7
2.63
17:10:00
3.21
0.78
1.23
3.47
0.8
1.82
3.56
0.77
1.99
3.73
0.69
2.6
17:20:00
3.15
0.77
1.24
3.38
0.79
1.82
3.47
0.76
1.99
3.63
0.68
2.58
17:30:00
3.07
0.76
1.24
3.29
0.78
1.82
3.38
0.75
1.99
3.53
0.68
2.57
17:40:00
3.01
0.75
1.25
3.22
0.77
1.83
3.31
0.74
1.99
3.46
0.67
2.55
17:50:00
2.97
0.75
1.25
3.18
0.76
1.83
3.26
0.74
1.99
3.41
0.67
2.54
18:00:00
2.9
0.74
1.25
3.1
0.75
1.83
3.19
0.73
1.99
3.33
0.66
2.52
18:10:00
2.85
0.73
1.25
3.05
0.74
1.83
3.13
0.72
1.99
3.27
0.66
2.51
18:20:00
2.81
0.73
1.25
3.01
0.74
1.83
3.09
0.72
1.99
3.23
0.66
2.5
18:30:00
2.75
0.72
1.25
2.94
0.73
1.83
3.02
0.71
1.99
3.16
0.65
2.48
18:40:00
2.71
0.71
1.26
2.9
0.72
1.84
2.97
0.71
1.99
3.11
0.65
2.47
18:50:00
2.68
0.71
1.26
2.87
0.72
1.84
2.95
0.7
1.99
3.09
0.64
2.47
19:00:00
2.62
0.7
1.26
2.81
0.71
1.84
2.89
0.7
1.99
3.02
0.64
2.45
Windsor Tract B Drainage Routing
(SWMM Model Results)
Windsor Tract B Drainage Routing -10 year rainfall event (SWMM Model Results)
Table - Link Swale-4
Table - Link Swale-3
Table - Link Swale-2
Table - Link Swale-1
Flow
Depth
Velocity
Flow
Depth
Velocity
Flow
Depth
Velocity
Flow
Depth
Velocity
Hours
(CFS)
(ft)
(fps)
(CFS)
(ft)
(fps)
(CFS)
(ft)
(fps)
(CFS)
(ft)
(fps)
19:10:00
2.59
0.69
1.26
2.77
0.71
1.84
2.84
0.69
1.99
2.98
0.64
2.45
19:20:00
2.56
0.69
1.26
2.74
0.7
1.84
2.82
0.69
1.99
2.96
0.64
2.44
19:30:00
2.53
0.69
1.26
2.72
0.7
1.84
2.8
0.69
1.99
2.94
0.63
2.44
19:40:00
2.51
0.68
1.26
2.7
0.7
1.84
2.78
0.68
1.99
2.92
0.63
2.43
19:50:00
2.48
0.68
1.26
2.68
0.69
1.84
2.76
0.68
1.99
2.91
0.63
2.43
20:00:00
2.46
0.68
1.26
2.65
0.69
1.84
2.74
0.68
1.99
2.89
0.63
2.43
20:10:00
2.44
0.67
1.26
2.63
0.69
1.85
2.72
0.68
1.99
2.87
0.63
2.42
20:20:00
2.39
0.67
1.26
2.58
0.68
1.84
2.66
0.67
1.98
2.8
0.62
2.41
20:30:00
2.36
0.66
1.26
2.54
0.68
1.85
2.62
0.66
1.99
2.76
0.62
2.4
20:40:00
2.31
0.66
1.26
2.49
0.67
1.85
2.57
0.66
1.98
2.71
0.62
2.38
20:50:00
2.26
0.65
1.26
2.43
0.66
1.85
2.51
0.65
1.98
2.63
0.61
2.36
21:00:00
2.24
0.65
1.26
2.41
0.66
1.85
2.48
0.65
1.98
2.61
0.61
2.36
21:10:00
2.2
0.64
1.26
2.37
0.65
1.85
2.44
0.64
1.98
2.56
0.6
2.34
21:20:00
2.16
0.63
1.26
2.31
0.64
1.86
2.38
0.63
1.98
2.5
0.6
2.33
21:30:00
2.14
0.63
1.26
2.3
0.64
1.86
2.36
0.63
1.98
2.48
0.6
2.32
21:40:00
2.1
0.63
1.26
2.26
0.64
1.86
2.33
0.63
1.98
2.44
0.59
2.31
21:50:00
2.03
0.62
1.26
2.18
0.62
1.86
2.24
0.61
1.97
2.34
0.58
2.29
22:00:00
2
0.61
1.27
2.12
0.62
1.86
2.18
0.61
1.97
2.27
0.58
2.27
22:10:00
1.94
0.6
1.27
2.06
0.61
1.86
2.11
0.6
1.97
2.2
0.57
2.25
22:20:00
1.9
0.59
1.27
2.01
0.6
1.86
2.06
0.59
1.97
2.14
0.56
2.23
22:30:00
1.87
0.59
1.27
1.98
0.59
1.86
2.03
0.59
1.97
2.11
0.56
2.22
22:40:00
1.84
0.58
1.27
1.95
0.59
1.86
2
0.58
1.97
2.08
0.56
2.21
22:50:00
1.81
0.58
1.27
1.92
0.59
1.86
1.97
0.58
1.97
2.05
0.56
2.2
23:00:00
1.81
0.58
1.27
1.93
0.59
1.86
1.97
0.58
1.97
2.06
0.56
2.21
23:10:00
1.79
0.58
1.27
1.91
0.58
1.86
1.96
0.58
1.97
2.05
0.56
2.21
23:20:00
1.76
0.57
1.27
1.88
0.58
1.86
1.93
0.57
1.96
2.02
0.55
2.2
23:30:00
1.74
0.57
1.27
1.85
0.57
1.87
1.9
0.57
1.96
1.99
0.55
2.19
23:40:00
1.71
0.56
1.27
1.83
0.57
1.87
1.88
0.56
1.96 1
1.96
0.55
2.18
Windsor Tract B Drainage Routing Table 2
(SWMM Model Results) Culvert Flow, Depth & Velocity
10-year/24-hour Event
Culverts -10 year rainfall event (SWMM Model Results)
culvert-5to4
Culvert-4to3
Culvert-3to2
Culvert-2tol
Flow
Depth
Velocity
Flow
Depth
Velocity
Flow
Depth
Velocity
Flow
Depth
Velocity
Hours
(CFS)
(ft)
(fps)
(CFS)
(ft)
(fps)
(CFS)
(ft)
(fps)
(CFS)
(ft)
(fps)
0:10:00
0
0
0
0
0
0
0
0
0
0
0
0
0:20:00
0
0
0
0
0
0
0
0
0
0
0
0
0:30:00
0
0
0
0
0
0
0
0
0
0
0
0
0:40:00
0
0
0
0
0
0
0
0
0
0
0
0
0:50:00
0
0
0
0
0
0
0
0
0
0
0
0
1:00:00
0
0
0
0
0
0
0
0
0
0
0
0
1:10:00
0
0
0
0
0
0
0
0
0
0
0
0
1:20:00
0
0
0
0
0
0
0
0
0
0
0
0
1:30:00
0
0
0
0
0
0
0
0
0
0
0
0
1:40:00
0
0
0
0
0
0
0
0
0
0
0
0
1:50:00
0
0
0
0
0
0
0
0
0
0
0
0
2:00:00
0
0
0
0
0
0
0
0
0
0
0
0
2:10:00
0
0
0
0
0
0
0
0
0
0
0
0
2:20:00
0
0
0
0
0
0
0
0
0
0
0
0
2:30:00
0
0
0
0
0
0
0
0
0
0
0
0
2:40:00
0
0
0
0
0
0
0
0
0
0
0
0
2:50:00
0
0
0
0
0
0
0
0
0
0
0
0
30000
0
0
0
0
0
0
0
0
0
0
0
0
3:10:00
0
0
0
0
0
0
0
0
0
0
0
0
3:20:00
0
0
0
0
0
0
0
0
0
0
0
0
3:30:00
0
0
0
0
0
0
0
0
0
0
0
0
3:40:00
0
0
0
0
0
0
0
0
0
0
0
0
3:50:00
0
0
0
0
0
0
0
0
0
0
0
0
4:00:00
0
0
0
0
0
0
0
0
0
0
0
0
4:10:00
0
0
0
0
0
0
0
0
0
0
0
0
4:20:00
0
0
0
0
0
0
0
0
0
0
0
0
4:30:00
0
0
0
0
0
0
0
0
0
0
0
0
4:40:00
0
0
0
0
0
0
0
0
0
0
0
0
4:50:00
0
0
0
0
0
0
0
0
0
0
0
0
5:00:00
0
0
0
0
0
0
0
0
0
0
0
0
5:10:00
0
0
0
0
0
0
0
0
0
0
0
0
5:20:00
0
0
0
0
0
0
0
0
0
0
0
0
5:30.00
0
0
0
0
0
0
0
0
0
0
0
0
5:40:00
0
0
0
0
0
0
0
0
0
0
0
0
5:50:00
0
0
0
0
0
0
0
0
0
0
0
0
6:00:00
0
0
0
0
0
0
0
0
0
0
0
0
6:10:00
0
0
0
0
0
0
0
0
0
0
0
0
6:20:00
0
0
0
0
0
0
0
0
0
0
0
0
6:30:00
0
0
0
0
0
0
0
0
0
0
0
0
6:40:00
0
0
0
0
0
0
0
0
0
0
0
0
6:50:00
0
0
0
0
0
0
0
0
0
0
0
0
7:00:00
0
0
0
0
0
0
0
0
0
0
0
0
7:10:00
0
0
0
0
0
0
0
0
0
0
0
0
7:20:00
0
0
0
0
0
0
0
0
0
0
0
0
7:30:00
0
0
0
0
0
0
0
0
0
0
0
0
7:40:00
0
0
0
0
0
0
0
0
0
0
0
0
7:50:00
0
0
0
0
0
0
0
0.01
0
0
0.01
0
8:00.00
0
0.02
0
0
0.02
0.01
0
0.03
0.03
0
0.03
0.06
8:10:00
0
0.03
0
0
0.06
0.17
0.01
0.07
0.23
0.01
0.06
0.23
8:20:00
0
0.05
0
0.01
0.08
0.24
0.02
0.1
0.4
0.03
0.1
0.5
8:30:00
0
0.06
-0.07
0.02
0.1
0.31
0.03
0.12
0.52
0.05
0.12
0.63
8:40:00
0
0.07
-0.08
0.02
0.11
0.35
0.04
0.13
0.6
0.06
0.13
0.7
8:50:00
0
0.08
-0.09
0.03
0.12
0.42
0.06
0.15
0.7
0.09
0.15
0.8
9:00:00
0
0.09
-0.05
0.04
0.13
0.48
0.08
0.16
0.8
0.11
0.17
0.89
9:10:00
0
0.1
-0.05
0.05
0.15
0.53
0.1
0.18
0.89
0.14
0.18
0.96
9:20:00
0
0.11
-0.04
0.06
0.16
0.58
0.13
0.19
0.99
0.17
0.2
1.05
Windsor Tract B Drainage Routing
(SWMM Model Results)
Culverts - 30 Year rainfall event f5W MM Model Resultsl
culvert-St04
Culvert-4to3
Culvert-3to2
Culvert-2to1
Flow
Depth
Velocity
Flow
Depth
Velocity
Flow
Depth
Velocity
Flow
Depth
Velocity
Hours
(CFS)
(ft)
(fps)
(CFS)
(ft)
(fps)
(CFS)
(ft)
(fps)
(CFS)
(ft)
(fps)
9:30:00
0
0.12
-0.02
0.07
0.17
0.62
0.15
0.2
1.07
0.2
0.21
1.11
9:40:00
0
0.13
-0.03
0.08
0.18
0.65
0.17
0.21
1.14
0.23
0.23
1.16
9:50:00
0
0.13
-0.02
0.09
0.19
0.7
0.2
0.22
1.21
0.26
0.24
1.23
10:00:00
0
0.14
-0.02
0.1
0.2
0.74
0.22
0.23
1.28
0.29
0.25
1.29
10:10:00
0
0.14
-0.01
0.11
0.21
0.78
0.25
0.24
1.35
0.32
0.26
1.34
10:20:00
0
0.15
0.01
0.13
0.22
0.82
0.28
0.25
1.42
0.36
0.27
1.4
10:30:00
0.01
0.17
0.06
0.16
0.23
0.9
0.33
0.27
1.54
0.42
0.29
1.49
10:40:00
0.02
0.18
0.16
0.18
0.25
0.96
0.38
0.28
1.64
0.48
0.31
1.57
10:50:00
0.03
0.19
0.24
0.22
0.27
1.01
0.43
0.3
1.7
0.54
0.32
1.65
11:00:00
0.05
0.2
0.34
0.26
0.29
1.1
0.51
0.33
1.79
0.63
0.34
1.76
11:10:00
0.07
0.21
0.48
0.31
0.31
1.18
0.58
0.35
1.87
0.72
0.36
1.85
11:20:00
0.1
0.23
0.6
0.37
0.33
1.28
0.69
0.38
1.98
0.85
0.39
1.98
11:30:00
0.14
0.25
0.72
0.47
0.36
1.41
0.85
0.42
2.11
1.04
0.42
2.13
11:40:00
0.2
0.28
0.86
0.56
0.39
1.55
0.99
0.45
2.24
1.21
0.46
2.23
11:50:00
0.43
0.4
1.13
1.14
0.55
1.95
1.97
0.63
2.8
2.39
0.64
2.75
12:00:00
0.83
0.52
1.53
2.05
0.72
2.42
3.47
0.84
3.39
4.1
0.84
3.27
12:10:00
1.36
0.63
1.92
2.9
0.86
2.77
4.87
1.01
3.85
5.45
0.97
3.59
12:20:00
1.98
0.73
2.3
3.58
0.95
3.02
6
1.14
4.17
6.66
1.08
3.83
12:30:00
2.71
0.84
2.67
4.26
1.04
3.25
6.49
1.21
4.26
7.69
1.17
4.01
12:40:00
3.5
0.93
3.02
4.98
1.13
3.49
6.73
1.23
4.34
8.61
1.25
4.16
12:50:00
3.72
0.96
3.11
5.41
1.16
3.7
6.71
1.22
4.34
8.94
1.27
4.26
13:00:00
3.83
0.94
3.27
5.52
1.16
3.78
6.62
1.22
4.31
8.65
1.23
4.25
13:10:00
3.93
0.94
3.35
5.43
1.14
3.78
6.51
1.19
4.32
8.08
1.18
4.18
13:20:00
3.97
0.94
3.4
5.3
1.11
3.77
6.39
1.17
4.32
7.49
1.13
4.1
13:30:00
3.99
0.94
3.42
5.14
1.09
3.75
6.23
1.14
4.31
6.94
1.08
4.02
13:40:00
4.02
0.94
3.45
4.99
1.07
3.72
5.98
1.11
4.26
6.53
1.04
3.95
13:50:00
4.01
0.94
3.46
4.87
1.05
3.7
5.74
1.08
4.2
6.21
1.01
3.89
14:00:00
3.99
0.93
3.47
4.75
1.03
3.67
5.52
1.06
4.15
5.92
0.99
3.84
14:10:00
3.98
0.93
3.47
4.65
1.02
3.65
5.35
1.04
4.11
5.69
0.96
3.8
14:20:00
3.92
0.92
3.46
4.55
1
3.63
5.17
1.01
4.07
5.48
0.94
3.76
14:30:00
3.88
0.91
3.46
4.44
0.99
3.61
5.01
0.99
4.03
5.28
0.92
3.72
14:40:00
3.82
0.9
3.44
4.34
0.97
3.59
4.86
0.98
3.99
5.1
0.91
3.68
14:50:00
3.76
0.89
3.43
4.24
0.96
3.56
4.71
0.96
3.95
4.93
0.89
3.64
15:00:00
3.72
0.89
3.42
4.16
0.95
3.54
4.6
0.95
3.92
4.8
0.88
3.61
15:10:00
3.67
0.88
3.41
4.09
0.94
3.52
4.51
0.93
3.89
4.7
0.87
3.59
15:20:00
3.62
0.87
3.39
4.01
0.93
3.5
4.41
0.92
3.87
4.59
0.86
3.56
15:30:00
3.59
0.87
3.38
3.95
0.92
3.48
4.34
0.92
3.85
4.51
0.85
3.54
15:40:00
3.54
0.86
3.36
3.9
0.91
3.46
4.28
0.91
3.83
4.45
0.84
3.52
15:50:00
3.51
0.86
3.35
3.85
0.91
3.45
4.23
0.9
3.81
4.39
0.84
3.51
16:00:00
3.51
0.86
3.35
3.84
0.91
3.44
4.23
0.9
3.81
4.39
0.84
3.51
16:10:00
3.5
0.86
3.34
3.83
0.91
3.44
4.23
0.9
3.81
4.4
0.84
3.51
16:20:00
3.41
0.85
3.32
3.79
0.9
3.43
4.15
0.89
3.79
4.32
0.83
3.49
16:30:00
3.34
0.84
3.3
3.69
0.88
3.4
4.02
0.88
3.75
4.17
0.82
3.46
16:40:00
3.25
0.82
3.27
3.58
0.87
3.37
3.87
0.86
3.71
4.01
0.8
3.42
16:50:00
3.17
0.81
3.24
3.45
0.85
3.33
3.72
0.84
3.66
3.84
0.78
3.37
17:00:00
3.1
0.8
3.22
3.34
0.84
3.29
3.59
0.82
3.62
3.7
0.77
3.33
17:10:00
3.03
0.79
3.19
3.25
0.82
3.26
3.48
0.81
3.58
3.58
0.75
3.3
17:20:00
2.97
0.79
3.17
3.17
0.81
3.24
3.39
0.8
3.55
3.48
0.74
3.27
17:30:00
2.9
0.78
3.15
3.1
0.8
3.21
3.3
0.79
3.52
3.39
0.73
3.24
17:40:00
2.85
0.77
3.13
3.03
0.79
3.19
3.23
0.78
3.49
3.31
0.73
3.22
17:50:00
2.81
0.76
3.11
2.98
0.79
3.17
3.18
0.77
3.48
3.27
0.72
3.2
18:00:00
2.74
0.75
3.08
2.92
0.78
3.15
3.11
0.76
3.45
3.19
0.71
3.18
18:10:00
2.7
0.75
3.06
2.86
0.77
3.12
3.05
0.75
3.43
3.13
0.71
3.16
18:20:00
2.66
0.74
3.05
2.82
0.77
3.11
3.01
0.75
3.41
3.09
0.7
3.15
18:30:00
2.6
0.73
3.02
2.77
0.76
3.09
2.95
0.74
3.39
3.03
0.69
3.13
18:40:00
2.56
0.73
3.01
2.72
0.75
3.07
2.9
0.73
3.37
2.98
0.69
3.11
18:50:00
2.53
0.72
2.99
2.69
0.75
3.05
2.87
0.73
3.36
2.95
0.69
3.1
Table 3
Windsor Tract B Drainage Routing Swale Flow, Depth & Velocity
(SWMM Model Results)
50-year/24-hour Event
$wales - 50 year rainfall event (SWMM Model Results)
Swale-4
Swale-3
Swale-2
Swale-1
Flow
Depth
Velocity
Flow
Depth
Velocity
Flow
Depth
Velocity
Flow
Depth
Velocity
Hours
(CFS)
(ft)
(fps)
(CFS)
(ft)
(fps)
(CFS)
(ft)
(fps)
(CFS)
(ft)
(fps)
0:10:00
0
0
0
0
0
0
0
0
0
0
0
0
0:20:00
0
0
0
0
0
0
0
0
0
0
0
0
0:30:00
0
0
0
0
0
0
0
0
0
0
0
0
0:40:00
0
0
0
0
0
0
0
0
0
0
0
0
0:50:00
0
0
0
0
0
0
0
0
0
0
0
0
1:00:00
0
0
0
0
0
0
0
0
0
0
0
0
1:10:00
0
0
0
0
0
0
0
0
0
0
0
0
1:20:00
0
0
0
0
0
0
0
0
0
0
0
0
1:30:00
0
0
0
0
0
0
0
0
0
0
0
0
1:40:00
0
0
0
0
0
0
0
0
0
0
0
0
1:50:00
0
0
0
0
0
0
0
0
0
0
0
0
2:00:00
0
0
0
0
0
0
0
0
0
0
0
0
2:10:D0
0
0
0
0
0
0
0
0
0
0
0
0
2:20:00
0
0
0
0
0
0
0
0
0
0
0
0
2:30:00
0
0
0
0
0
0
0
0
0
0
0
0
2:40:00
0
0
0
0
0
0
0
0
0
0
0
0
2:50:00
0
0
0
0
0
0
0
0
0
0
0
0
3:00:00
0
0
0
0
0
0
0
0
0
0
0
0
3:10:00
0
0
0
0
0
0
0
0
0
0
0
0
3:20:00
0
0
0
0
0
0
0
0
0
0
0
0
3:30:00
0
0
0
0
0
0
0
0
0
0
0
0
3:40:D0
0
0
0
0
0
0
0
0
0
0
0
0
3:50:00
0
0
0
0
0
0
0
0
0
0
0
0
4:00:00
0
0
0
0
0
0
0
0
0
0
0
0
4:10:00
0
0
0
0
0
0
0
0
0
0
0
0
4:20:00
0
0
0
0
0
0
0
0
0
0
0
0
4:30:00
0
0
0
0
0
0
0
0
0
0
0
0
4:40:00
0
0
0
0
0
0
0
0
0
0
0
0
4:50:00
0
0
0
0
0
0
0
0
0
0
0
0
5:00:00
0
0
0
0
0
0
0
0
0
0
0
0
5:10:00
0
0
0
0
0
0
0
0
0
0
0
0
5:20:00
0
0
0
0
0
0
0
0
0
0
0
0
530:00
0
0
0
0
0
0
0
0
0
0
0
0
5:40:00
0
0
0
0
0
0
0
0
0
0
0
0
5:50:00
0
0
0
0
0
0
0
0
0
0
0
0
6:00:00
0
0
0
0
0
0
0
0
0
0
0.01
0
6:10:00
0
0.01
0.44
0
0.01
0.56
0
0.02
0.6
0
0.03
0.66
6:20:00
0
0.03
0.68
0
0.04
0.81
0
0.04
0.38
0.01
0.07
0.37
6:30:00
0.01
0.05
0.54
0.01
0.06
0.91
0.01
0.08
0.58
0.01
0.11
0.41
6:40:00
0.01
0.06
0.52
0.02
0.08
0.87
0.02
0.1
0.72
0.03
0.13
0.57
6:50:00
0.01
0.08
0.56
0.03
0.1
1
0.04
0.12
0.87
0.05
0.16
0.71
7:00:00
0.02
0.08
0.62
0.04
0.11
1.11
0.06
0.14
0.96
0.08
0.18
0.8
7:10:00
0.03
0.09
0.68
0.06
0.12
1.21
0.08
0.16
1.04
0.1
0.19
0.9
7:20:00
0.03
0.1
0.73
0.07
0.14
1.29
0.1
0.17
1.12
0.13
0.21
0.99
7:30:00
0.04
0.11
0.78
0.09
0.15
1.36
0.12
0.18
1.17
0.16
0.23
1.03
7:40:00
0.05
0.12
0.81
0.1
0.16
1.41
0.14
0.2
1.21
0.19
0.24
1.09
7:50:00
0.06
0.13
0.86
0.13
0.17
1.39
0.17
0.21
1.27
0.23
0.26
1.16
8:00:00
0.07
0.14
0.91
0.16
0.19
1.44
0.21
0.23
1.34
0.29
0.28
1.23
8:10:00
0.09
0.15
0.95
0.19
0.2
1.51
0.25
0.24
1.4
0.34
0.29
1.3
8:20:00
0.1
0.15
0.97
0.22
0.21
1.57
0.28
0.26
1.43
0.38
0.31
1.35
8:30:00
0.11
0.16
0.98
0.24
0.22
1.62
0.31
0.27
1.46
0.42
0.32
1.39
8:40:00
0.12
0.17
1
0.26
0.23
1.67
0.34
0.27
1.49
0.46
0.33
1.42
8:50:00
0.14
0.18
1.03
0.3
0.24
1.74
0.38
0.29
1.53
0.51
0.34
1.47
9:00:00
0.17
0.19
1.08
0.35
0.26
1.75
0.45
0.31
1.58
0.6
0.36
1.54
9:10:00
0.2
0.2
1.11
0.4
0.27
1.77
0.5
0.32
1.62
0.67
0.37
1.59
Windsor Tract B Drainage Routing
(SWMM Model Results)
Swales - 50 year rainfall event (SWMM Model Resultsl
Swale-4
Swale-3
Swale-2
Swale -I
Flow
Depth
Velocity
Flow
Depth
Velocity
Flow
Depth
Velocity
Flow
Depth
Velocity
Hours
(CFS)
(ft)
(fps)
(CFS)
(ft)
(fps)
(CFS)
(ft)
(fps)
(CFS)
(ft)
(fps)
9:20:00
0.23
0.22
1.15
0.45
0.29
1.78
0.57
0.34
1.67
0.75
0.39
1.63
9:30:00
0.26
0.23
1.18
0.5
0.3
1.79
0.62
0.35
1.7
0.82
0.4
1.7
9:40:00
0.3
0.24
1.2
0.56
0.32
1.8
0.69
0.36
1.73
0.9
0.41
1.76
9:50:00
0.34
0.25
1.23
0.62
0.34
1.8
0.76
0.38
1.77
0.99
0.43
1.8
10:00:00
0.38
0.26
1.25
0.68
0.35
1.8
0.83
0.39
1.8
1.07
0.44
1.84
10:10:00
0.41
0.27
1.25
0.72
0.36
1.8
0.87
0.4
1.82
1.12
0.45
1.86
10:20:00
0.48
0.3
1.28
0.82
0.38
1.84
0.98
0.42
1.86
1.25
0.47
1.93
10:30:00
0.56
0.32
1.26
0.94
0.41
1.86
1.12
0.44
1.9
1.43
0.49
1.99
10:40:00
0.64
0.34
1.26
1.06
0.43
1.88
1.26
0.47
1.92
1.59
0.51
2.06
10:50:00
0.76
0.37
1.28
1.23
0.46
1.9
1.45
0.5
1.96
1.83
0.53
2.14
11:00:00
0.86
0.4
1.26
1.38
0.49
1.88
1.62
0.52
1.99
2.04
0.56
2.2
11:10:00
0.99
0.43
1.26
1.55
0.52
1.88
1.81
0.55
2.01
2.26
0.58
2.27
11:20:00
1.18
0.47
1.27
1.82
0.57
1.88
2.12
0.59
2.02
2.64
0.61
2.37
11:30:00
1.41
0.51
1.27
2.16
0.62
1.87
2.51
0.64
2.02
3.11
0.65
2.48
11:40:00
1.64
0.55
1.26
2.48
0.67
1.85
2.87
0.69
2.02
3.55
0.68
2.57
11:50:00
3.39
0.77
1.36
4.91
0.95
1.82
5.61
0.92
1.72
6.66
0.85
3.05
12:00:00
5.37
0.94
1.06
7.24
1.18
1.73
8.54
1.13
0.94
9.91
0.99
3.39
12:10:00
7.01
1.11
0.51
9.05
1.27
1.86
10.66
1.27
0.67
12.38
1.07
3.58
12:20:00
9.2
1.26
0.34
10.89
1.35
2
12.62
1.39
0.55
14.15
1.13
3.71
12:30:00
11.23
1.41
0.27
12.63
1.41
2.12
14.42
1.5
0.46
15.62
1.17
3.8
12:40:00
13.27
1.52
0.24
16.4
1.52
1.62
17.52
1.58
0.42
17.89
1.23
3.92
12:50:00
12.27
1.54
0.22
16.33
1.54
1.44
18.1
1.59
0.43
19.5
1.28
3.99
13:00:00
11.52
1.52
0.21
14.78
1.5
1.74
16.41
1.59
0.39
18.93
1.26
3.96
13:10:00
11.15
1.51
0.21
13.7
1.46
1.89
15.07
1.57
0.38
17.61
1.23
3.9
13:20:00
10.74
1.5
0.21
12.85
1.43
2.05
13.79
1.56
0.36
16.09
1.18
3.82
13:30:00
10.42
1.49
0.21
12.2
1.41
2.06
12.98
1.55
0.35
14.93
1.15
3.76
13:40:D0
10.2
1.48
0.21
11.75
1.39
2.03
12.43
1.55
0.34
14.11
1.13
3.7
13:50:00
9.87
1.47
0.2
11.28
1.37
2
11.9
1.54
0.33
13.41
1.11
3.66
14:00:00
9.62
1.46
0.2
10.88
1.36
1.97
11.43
1.52
0.34
12.86
1.09
3.62
14:10:00
9.37
1.45
0.2
10.54
1.34
1.95
11.03
1.5
0.35
12.42
1.07
3.59
14:20:00
9.05
1.44
0.2
10.14
1.33
1.92
10.61
1.47
0.36
12.14
1.07
3.56
14:30:D0
8.75
1.43
0.2
9.76
1.31
1.89
10.17
1.43
0.39
11.74
1.05
3.54
14:40:00
8.49
1.42
0.2
9.42
1.3
1.86
9.79
1.39
0.42
11.25
1.04
3.5
14:50:00
8.25
1.41
0.2
9.12
1.28
1.84
9.47
1.35
0.46
10.75
1.02
3.45
15:00:00
8.04
1.4
0.2
8.86
1.27
1.82
9.19
1.31
0.51
10.28
1
3.42
15:10:00
7.84
1.39
0.2
8.64
1.26
1.81
8.94
1.28
0.55
9.87
0.99
3.38
15:20:00
7.66
1.38
0.2
8.43
1.25
1.79
8.73
1.25
0.58
9.54
0.97
3.35
15:30:00
7.5
1.37
0.2
8.25
1.24
1.77
8.54
1.23
0.62
9.26
0.96
3.32
15:40:00
7.34
1.36
0.2
8.09
1.24
1.76
8.37
1.21
0.65
9
0.95
3.3
15:50:00
7.24
1.35
0.2
7.98
1.23
1.75
8.26
1.2
0.68
8.81
0.95
3.28
16:00:00
7.16
1.34
0.2
7.92
1.23
1.75
8.19
1.19
0.7
8.71
0.94
3.27
16:10:00
7.12
1.34
0.2
7.89
1.23
1.75
8.18
1.19
0.71
8.68
0.94
3.27
16:20:00
6.9
1.32
0.21
7.73
1.22
1.73
8.01
1.18
0.71
8.52
0.93
3.25
16:30:00
6.62
1.3
0.21
7.53
1.21
1.72
7.77
1.16
0.74
8.28
0.92
3.23
16:40:00
6.37
1.28
0.22
7.3
1.2
1.7
7.53
1.14
0.77
8
0.91
3.2
16:50:00
6.14
1.26
0.23
7.06
1.18
1.68
7.28
1.12
0.82
7.72
0.9
3.17
17:00:00
5.93
1.23
0.24
6.82
1.17
1.66
7.01
1.1
0.87
7.43
0.89
3.14
17:10:00
5.73
1.2
0.26
6.58
1.15
1.65
6.75
1.08
0.93
7.13
0.88
3.1
17:20:00
5.55
1.18
0.28
6.34
1.14
1.64
6.5
1.06
0.99
6.85
0.86
3.07
17:30:00
5.41
1.15
0.31
6.16
1.12
1.64
6.32
1.04
1.05
6.63
0.85
3.04
17:40:00
5.26
1.13
0.34
5.96
1.09
1.66
6.12
1.02
1.11
6.43
0.84
3.02
17:50:00
5.14
1.11
0.37
5.78
1.07
1.68
5.94
1.01
1.18
6.24
0.83
2.99
18:00:00
5.01
1.09
0.4
5.6
1.05
1.69
5.75
0.99
1.25
6.04
0.82
2.97
18:10:00
4.9
1.07
0.45
5.45
1.03
1.71
5.6
0.98
1.31
5.87
0.82
2.94
18:20:00
5.52
1.05
0.61
5.35
1.02
1.72
5.46
0.96
1.37
5.71
0.81
2.92
Windsor Tract B Drainage Routing
(SWMM Model Results)
Swales - 50 year rainfall event (SWMM Model Results)
Swale-4
Swale-3
Swale-2
Swale-1
Flow
Depth
Velocity
Flow
Depth
Velocity
Flow
Depth
Velocity
Flow
Depth
Velocity
Hours
(CFS)
(ft)
(fps)
(CFS)
(ft)
(fps)
(CFS)
(ft)
(fps)
(CFS)
(ft)
(fps)
18:30:00
4.7
0.99
0.7
5.35
1.02
1.71
5.52
0.97
1.36
5.75
0.81
2.93
18:40:00
4.57
0.97
0.79
5.1
0.99
1.72
5.26
0.95
1.44
5.55
0.8
2.9
18:50:00
4.49
0.95
0.83
4.93
0.97
1.74
5.08
0.93
1.54
5.34
0.79
2.87
19:00:00
4.39
0.93
0.87
4.79
0.95
1.75
4.93
0.91
1.62
5.18
0.78
2.85
19:10:00
4.31
0.92
0.9
4.69
0.94
1.76
4.83
0.9
1.67
5.06
0.77
2.83
19:20:00
4.22
0.91
0.94
4.59
0.93
1.76
4.72
0.89
1.72
4.95
0.77
2.81
19:30:00
4.16
0.9
0.97
4.51
0.92
1.77
4.64
0.88
1.76
4.87
0.76
2.8
19:40:00
4.1
0.89
0.99
4.45
0.91
1.77
4.58
0.88
1.8
4.81
0.76
2.79
19:50:00
4.05
0.89
1.01
4.4
0.91
1.77
4.53
0.87
1.83
4.76
0.76
2.78
20:00:00
4
0.88
1.03
4.35
0.9
1.78
4.48
0.87
1.85
4.72
0.75
2.77
20:10:00
3.95
0.87
1.04
4.3
0.9
1.78
4.44
0.86
1.86
4.68
0.75
2.77
20:20:00
3.87
0.87
1.06
4.23
0.89
1.78
4.36
0.86
1.88
4.6
0.75
2.75
20:30:00
3.79
0.86
1.09
4.13
0.88
1.79
4.26
0.85
1.91
4.49
0.74
2.74
20:40:00
3.71
0.85
1.12
4.04
0.87
1.79
4.16
0.84
1.94
4.38
0.73
2.72
20:50:00
3.63
0.84
1.16
3.95
0.86
1.8
4.07
0.83
1.97
4.28
0.73
2.7
21:00:00
3.56
0.83
1.2
3.86
0.85
1.8
3.98
0.82
1.98
4.18
0.72
2.69
21:10:00
3.49
0.82
1.22
3.78
0.84
1.8
3.89
0.81
1.98
4.09
0.71
2.67
21:20:00
3.43
0.81
1.22
3.71
0.83
1.81
3.81
0.8
1.98
4
0.71
2.65
21:30:00
3.37
0.8
1.22
3.63
0.82
1.81
3.74
0.79
1.99
3.92
0.7
2.64
21:40:00
3.31
0.79
1.23
3.57
0.81
1.81
3.67
0.78
1.99
3.85
0.7
2.62
21:50:00
3.22
0.78
1.23
3.47
0.8
1.82
3.57
0.77
1.99
3.74
0.69
2.6
22:00:00
3.1
0.77
1.24
3.32
0.78
1.82
3.41
0.76
1.99
3.56
0.68
2.57
22:10:00
3.01
0.75
1.25
3.21
0.76
1.83
3.28
0.74
1.99
3.41
0.67
2.54
22:20:00
2.94
0.74
1.25
3.12
0.75
1.83
3.19
0.73
1.99
3.31
0.66
2.52
22:30:00
2.9
0.74
1.26
3.07
0.75
1.83
3.14
0.73
1.99
3.27
0.66
2.51
22:40:00
2.83
0.73
1.25
3.01
0.74
1.83
3.08
0.72
1.99
3.2
0.65
2.49
22:50:00
2.8
0.72
1.26
2.97
0.73
1.83
3.04
0.71
1.99
3.16
0.65
2.49
23:00:00
2.77
0.72
1.26
2.95
0.73
1.84
3.02
0.71
1.99
3.15
0.65
2.48
23:10:00
2.74
0.72
1.26
2.92
0.73
1.84
3
0.71
1.99
3.14
0.65
2.48
23:20:00
2.71
0.71
1.26
2.9
0.72
1.84
2.98
0.71
1.99
3.12
0.65
2.48
23:30:00
2.65
0.7
1.25
2.84
0.72
1.84
2.92
0.7
1.99
3.06
0.64
2.46
23:40:00 1
2.62
0.7
1.26 1
2.8
0.71
1.84 1
2.88
0.7
1.99 1
3.02
0.64
2.45
Windsor Tract B Drainage Routing
(SWMM Model Results)
Culverts - 30 near rainfall event (SWMM Model Results)
culvert-5to4
Culvert-4to3
Culvert-3to2
Culvert-2to1
Flow
Depth
Velocity
Flow
Depth
Velocity
Flow
Depth
Velocity
Flow
Depth
Velocity
Hours
(CFS)
(ft)
(fps)
(CFS)
(ft)
(fps)
(CFS)
(ft)
(fps)
(CFS)
(ft)
(fps)
19:00:00
2.48
0.72
2.97
2.64
0.74
3.03
2.81
0.72
3.34
2.89
0.68
3.08
19:10:00
2.44
0.71
2.95
2.59
0.73
3.01
2.77
0.72
3.32
2.84
0.67
3.06
19:20:00
2.41
0.71
2.94
2.57
0.73
3
2.74
0.71
3.31
2.82
0.67
3.05
19:30:00
2.38
0.7
2.92
2.54
0.73
2.99
2.72
0.71
3.3
2.8
0.67
3.04
19:40:00
2.36
0.7
2.91
2.51
0.72
2.98
2.7
0.71
3.29
2.78
0.67
3.04
19:50:00
2.33
0.7
2.89
2.49
0.72
2.97
2.68
0.71
3.28
2.76
0.66
3.03
20:00:00
2.3
0.69
2.88
2.47
0.72
2.96
2.66
0.7
3.27
2.74
0.66
3.02
20:10:00
2.28
0.69
2.87
2.44
0.71
2.95
2.63
0.7
3.26
2.72
0.66
3.01
20:20:00
2.24
0.68
2.85
2.4
0.71
2.93
2.58
0.69
3.24
2.67
0.65
3
20:30:00
2.21
0.68
2.84
2.36
0.7
2.91
2.55
0.69
3.23
2.63
0.65
2.98
20:40:00
2.17
0.67
2.82
2.32
0.7
2.9
2.5
0.68
3.21
2.58
0.64
2.96
20:50:00
2.13
0.67
2.8
2.27
0.69
2.88
2.44
0.67
3.18
2.51
0.63
2.94
21:00:00
2.11
0.66
2.79
2.25
0.68
2.87
2.41
0.67
3.17
2.48
0.63
2.93
21:10:00
2.07
0.66
2.77
2.21
0.68
2.85
2.37
0.66
3.16
2.44
0.63
2.91
21:20:00
2.03
0.65
2.76
2.16
0.67
2.83
2.32
0.65
3.13
2.38
0.62
2.89
21:30:00
2.01
0.65
2.74
2.14
0.67
2.82
2.3
0.65
3.12
2.36
0.62
2.88
21:40:00
1.98
0.64
2.73
2.11
0.66
2.81
2.26
0.65
3.11
2.33
0.61
2.87
21:50:00
1.93
0.63
2.71
2.05
0.65
2.78
2.18
0.63
3.07
2.25
0.6
2.84
22:00:00
1.89
0.63
2.69
2
0.64
2.76
2.13
0.63
3.05
2.18
0.59
2.81
22:10:00
1.84
0.62
2.67
1.95
0.63
2.73
2.06
0.62
3.02
2.11
0.58
2.78
22:20:00
1.81
0.62
2.65
1.9
0.63
2.71
2.01
0.61
3
2.06
0.57
2.76
22:30:00
1.78
0.61
2.63
1.87
0.62
2.7
1.98
0.6
2.98
2.03
0.57
2.75
22:40:00
1.75
0.61
2.62
1.84
0.62
2.68
1.95
0.6
2.97
2
0.57
2.73
22:50:00
1.72
0.6
2.6
1.82
0.61
2.67
1.93
0.59
2.96
1.97
0.56
2.72
23:00:00
1.72
0.6
2.59
1.81
0.61
2.66
1.93
0.59
2.95
1.97
0.56
2.72
23:10:00
1.69
0.6
2.58
1.79
0.61
2.66
1.91
0.59
2.95
1.96
0.56
2.72
23:20:00
1.67
0.59
2.57
1.77
0.61
2.64
1.88
0.59
2.93
1.93
0.56
2.7
23:30:00
1.64
0.59
2.55
1.74
0.6
2.63
1.86
0.58
2.92
1.91
0.55
2.69
23:40:00
1.62
0.58
2.54
1.72
0.6
2.62
1.83
0.58
2.9
1.88
0.55
2.68
Table 4
Windsor Tract B Drainage Routing
(SWMM Model Results) Culvert Flow, Depth & Velocity
50-year/24-hour Event
Culvert & Overflow Weir - 50 year rainfall event (SWMM Model Results)
culvert-5to4
Culvert-4to3
Culvert-3to2
Culvert-2tol
Flow
Depth
Velocity
Flow
Depth
Velocity
Flow
Depth
Velocity
Flow
Depth
Velocity
Hours
(CFS)
(ft)
(fps)
(CFS)
(ft)
(fps)
(CFS)
(ft)
(fps)
(CFS)
(it)
(fps)
0:10:00
0
0
0
0
0
0
0
0
0
0
0
0
0:20:00
0
0
0
0
0
0
0
0
0
0
0
0
030:00
0
0
0
0
0
0
0
0
0
0
0
0
0:40:00
0
0
0
0
0
0
0
0
0
0
0
0
0:50:00
0
0
0
0
0
0
0
0
0
0
0
0
1:00:00
0
0
0
0
0
0
0
0
0
0
0
0
1:10:00
0
0
0
0
0
0
0
0
0
0
0
0
1:20:00
0
0
0
0
0
0
0
0
0
0
0
0
1:30:00
0
0
0
0
0
0
0
0
0
0
0
0
1:40:00
0
0
0
0
0
0
0
0
0
0
0
0
1:50:00
0
0
0
0
0
0
0
0
0
0
0
0
2:00:00
0
0
0
0
0
0
0
0
0
0
0
0
2:10:00
0
0
0
0
0
0
0
0
0
0
0
0
2:20:00
0
0
0
0
0
0
0
0
0
0
0
0
'. 2:30:00
0
0
0
0
0
0
0
0
0
0
0
0
2:40:00
0
0
0
0
0
0
0
0
0
0
0
0
2:50:00
0
0
0
0
0
0
0
0
0
0
0
0
3:00:00
0
0
0
0
0
0
0
0
0
0
0
0
3:10:00
0
0
0
0
0
0
0
0
0
0
0
0
3:20:00
0
0
0
0
0
0
0
0
0
0
0
0
3:30:00
0
0
0
0
0
0
0
0
0
0
0
0
3:40:00
0
0
0
0
0
0
0
0
0
0
0
0
3:50:00
0
0
0
0
0
0
0
0
0
0
0
0
4:00:00
0
0
0
0
0
0
0
0
0
0
0
0
4:10:00
0
0
0
0
0
0
0
0
0
0
0
0
4:20:00
0
0
0
0
0
0
0
0
0
0
0
0
4:30:00
0
0
0
0
0
0
0
0
0
0
0
0
4:40:00
0
0
0
0
0
0
0
0
0
0
0
0
4:50:00
0
0
0
0
0
0
0
0
0
0
0
0
5:00:00
0
0
0
0
0
0
0
0
0
0
0
0
5:10:00
0
0
0
0
0
0
0
0
0
0
0
0
5:20:00
0
0
0
0
0
0
0
0
0
0
0
0
5:30:00
0
0
0
0
0
0
0
0
0
0
0
0
5:40:00
0
0
0
0
0
0
0
0
0
0
0
0
5:50:00
0
0
0
0
0
0
0
0
0
0
0
0
6:00:00
0
0
0
0
0
0
0
0
0
0
0.01
0
6:10:00
0
0.01
0
0
0.01
0.01
0
0.02
0.01
0
0.02
0.02
6:20:00
0
0.02
0
0
0.03
0.05
0
0.04
0.1
0
0.04
0.12
6:30:00
0
0.03
0
0
0.06
0.19
0.01
0.08
0.25
0.01
0.06
0.3
6:40:00
0
0.04
0
0.01
0.08
0.22
0.02
0.09
0.34
0.02
0.09
0.46
6:50:00
0
0.05
-0.04
0.01
0.09
0.28
0.03
0.11
0.46
0.04
0.11
0.56
7:00:00
0
0.06
-0.09
0.02
0.1
0.33
0.04
0.13
0.56
0.06
0.13
0.67
7:10:00
0
0.07
-0.08
0.02
0.12
0.39
0.05
0.14
0.65
0.07
0.14
0.75
7:20:00
0
0.08
-0.06
0.03
0.13
0.44
0.07
0.15
0.74
0.1
0.16
0.84
7:30:00
0
0.09
-0.04
0.04
0.14
0.49
0.09
0.16
0.82
0.12
0.17
0.9
7:40.00
0
0.1
-0.03
0.05
0.15
0.53
0.1
0.18
0.89
0.14
0.18
0.96
7:50:00
0
0.11
-0.04
0.06
0.16
0.57
0.12
0.19
0.97
0.17
0.2
1.03
8:00:00
0
0.12
-0.04
0.07
0.18
0.62
0.16
0.21
1.09
0.21
0.22
1.13
8:10:00
0
0.13
-0.02
0.09
0.19
0.68
0.19
0.22
1.18
0.25
0.23
1.21
8:20:00
0
0.14
-0.02
0.1
0.2
0.73
0.21
0.23
1.26
0.28
0.25
1.27
8:30:00
0
0.14
-0.02
0.11
0.2
0.76
0.24
0.24
1.32
0.31
0.26
1.32
8:40:00
0
0.15
-0.01
0.12
0.21
0.8
0.26
0.25
1.38
0.34
0.27
1.37
8:50:00
0
0.16
0.03
0.14
0.22
0.85
0.29
0.26
1.46
0.38
0.28
1.43
9:00:00
0.01
0.17
0.08
0.16
0.24
0.91
0.35
0.27
1.58
0.44
0.3
1.52
9:10:00
0.02
0.18
0.19
0.19
0.25
0.98
0.39
0.29
1.66
0.5
0.31
1.6
9:20:00
0.03
0.19
0.27
0.23
0.27
1.03
0.45
0.31
1.72
0.56
0.33
1.67
9:30:00
0.05
0.2
0.36
0.25
0.28
1.09
0.49
0.32
1.78
0.62
0.34
1.74
Windsor Tract B Drainage Routing
(SWMM Model Results)
Culvert & Overflow Weir- 50 veer rainfall event (SWMM Model Resultsl
culvert-5to4
Culvert-4to3
Culvert-3to2
Culvert-2tol
Flow
Depth
Velocity
Flow
Depth
Velocity
Flow
Depth
Velocity
Flow
Depth
Velocity
Hours
(CFS)
(ft)
(fps)
(CFS)
(ft)
(fps)
(CFS)
(ft)
(fps)
(CFS)
(ft)
(fps)
9:40:00
0.07
0.21
0.48
0.29
0.3
1.16
0.55
0.34
1.85
0.68
0.35
1.81
9:50:00
0.09
0.22
0.59
0.33
0.32
1.23
0.61
0.36
1.91
0.75
0.37
1.89
30:00:00
0.12
0.23
0.69
0.37
0.33
1.3
0.67
0.37
1.97
0.82
0.38
1.96
10:10:00
0.14
0.24
0.78
0.4
0.34
1.35
0.71
0.38
2.01
0.86
0.39
2
10:20:00
0.18
0.26
0.86
0.46
0.36
1.44
0.81
0.41
2.09
0.97
0.41
2.09
10:30:00
0.22
0.28
0.97
0.55
0.38
1.54
0.93
0.43
2.2
1.11
0.44
2.18
10:40:00
0.28
0.3
1.07
0.63
0.4
1.65
1.05
0.46
2.3
1.25
0.46
2.27
30:50:00
0.34
0.33
1.18
0.74
0.43
1.76
1.21
0.49
2.42
1.43
0.5
2.37
11:00:00
0.41
0.36
1.29
0.85
0.46
1.84
1.36
0.52
2.54
1.61
0.52
2.46
11:10:00
0.5
0.38
1.39
0.97
0.49
1.94
1.53
0.54
2.64
1.79
0.55
2.55
11:20:00
0.61
0.42
1.52
1.15
0.53
2.05
1.79
0.59
2.78
2.1
0.59
2.67
11:30:00
0.75
0.46
1.65
1.38
0.58
2.19
2.12
0.64
2.93
2.47
0.65
2.82
11:40:00
0.91
0.5
1.78
1.61
0.62
2.32
2.45
0.69
3.07
2.84
0.69
2.95
11:50:00
1.64
0.67
2.14
2.86
0.85
2.77
4.56
0.98
3.75
4.88
0.92
3.45
12:00:00
2.71
0.85
2.64
4.02
1.02
3.13
6.46
1.21
4.24
7.18
1.14
3.89
12:10:00
3.97
1.06
2.96
4.95
1.15
3.4
6.89
1.25
4.39
8.99
1.3
4.16
12:20:00
5.42
1.22
3.53
6.19
1.27
3.88
7.24
1.26
4.56
10.35
1.42
4.33
12:30:00
6.72
1.24
4.31
7.4
1.3
4.54
7.53
1.28
4.7
11.55
1.54
4.44
12:40:00
7.16
1.25
4.54
8.21
1.36
4.88
8
1.3
4.92
12.4
1.6
4.6
12:50:00
7.21
1.25
4.6
8.41
1.36
5
8.16
1.3
5.01
13
1.62
4.77
13:00:00
7.23
1.24
4.63
8.33
1.34
5.01
7.97
1.3
4.89
13
1.61
4.79
13:10:00
7.25
1.24
4.65
8.27
1.32
5.02
7.81
1.28
4.86
12.82
1.6
4.77
13:20:00
7.24
1.23
4.65
8,21
1.31
5.03
7.68
1.27
4.8
12.57
1.58
4.74
13:30:00
7.23
1.23
4.65
8.16
1.3
5.03
7.57
1.27
4.76
12.36
1.56
4.7
13:40:00
7.21
1.23
4.65
8.11
1.29
5.03
7.5
1.26
4.73
12.18
1.55
4.67
13:50:00
7.17
1.23
4.64
8.07
1.28
5.03
7.42
1.26
4.7
12.02
1.54
4.64
14:00:00
7.15
1.22
4.63
8.02
1.27
5.02
7.35
1.25
4.66
11.86
1.53
4.6
14:10:00
7.11
1.22
4.62
7.97
1.27
5.01
7.29
1.25
4.64
11.69
1.52
4.56
14:20:00
7.06
1.22
4.59
7.92
1.26
5
7.23
1.25
4.61
11.51
1.49
4.57
14:30:00
7.01
1.21
4.57
7.86
1.25
4.99
7.15
1.24
4.58
11.17
1.45
4.57
14:40:00
6.96
1.21
4.55
7.8
1.24
4.98
7.09
1.24
4.55
10.73
1.41
4.54
14:50:00
6.9
1.21
4.52
7.74
1.24
4.96
7.03
1.23
4.52
10.26
1.36
4.51
15:00:00
6.85
1.21
4.5
7.69
1.23
4.94
6.97
1.23
4.5
9.81
1.32
4.47
15:10:00
6.8
1.21
4.47
7.63
1.23
4.92
6.92
1.23
4.47
9.42
1.28
4.43
15:20:00
6.75
1.2
4.44
7.57
L22
4.9
6.88
1.22
4.46
9.1
1.25
4.39
15:30:00
6.7
1.2
4.42
7.52
1.22
4.88
6.83
1.22
4.44
8.83
1.23
4.35
15:40:00
6.65
1.2
4.39
7.46
1.22
4.86
6.8
1.22
4.42
8.58
1.21
4.32
15:50:00
6.61
1.2
4.37
7.4
1.21
4.83
6.77
1.22
4.41
8.38
1.19
4.29
16:00:00
6.57
1.2
4.34
7.34
1.21
4.79
6.75
1.22
4.4
8.26
1.18
4.27
16:10:00
6.54
1.2
4.33
7.28
1.21
4.75
6.74
1.22
4.4
8.2
1.18
4.26
16:20:00
6.41
1.19
4.25
7.2
1.21
4.72
6.71
1.21
4.38
8.12
1.17
4.26
16:30:00
6.19
1.19
4.12
7.07
1.2
4.65
6.66
1.21
4.36
7.93
1.15
4.23
16:40:00
5.99
1.19
4
6.89
1.2
4.55
6.6
1.2
4.34
7.7
1.13
4.2
16:50:00
5.79
1.18
3.88
6.69
1.19
4.43
6.55
1.19
4.35
7.45
1.11
4.16
17:00:00
5.61
1.18
3.77
6.47
1.19
4.31
6.48
1.18
4.36
7.18
1.09
4.12
17:10:00
5.44
1.17
3.69
6.26
1.18
4.19
6.4
1.16
4.36
6.9
1.06
4.07
17:20:00
5.27
1.15
3.63
6.04
1.18
4.06
6.3
1.15
4.35
6.63
1.04
4.02
17:30:D0
5.14
1.13
3.59
5.85
1A5
4.02
6.19
1.13
4.33
6.41
1.02
3.98
17:40:00
5
1.12
3.54
5.67
1.13
3.98
5.99
1.11
4.29
6.22
1
3.94
17:50:00
4.89
1.11
3.5
5.49
1.1
3.93
5.81
1.08
4.25
6.02
0.99
3.9
18:00:00
4.76
1.09
3.45
5.32
1.08
3.89
5.63
1.06
4.2
5.83
0.97
3.87
18:10:D0
4.66
1.08
3.42
5.16
1.06
3.85
5.47
1.04
4.16
5.66
0.95
3.83
18:20:00
4.56
1.05
3.44
5.09
1.05
3.84
5.35
1.03
4.13
5.5
0.94
3.79
18:30:00
4.45
0.97
3.67
5.06
1.05
3.83
5.38
1.04
4.14
5.54
0.94
3.8
18:40:00
4.34
0.96
3.64
4.83
1.02
3.76
5.13
1.01
4.08
5.35
0.93
3.76
18:50:00
4.26
0.95
3.62
4.65
1
331
4.95
0.98
4.03
5.13
0.91
3.71
19:00:00
4.16
0.94
3.59
4.53
0.99
3.68
4.81
0.97
3.99
4.98
0.89
3.67
Windsor Tract B Drainage Routing
(SWMM Model Results)
Culvert & Overflow Weir - 50 vear rainfall event ISW MM Mndel NeudtcI
culvert-Sto4
Culvert-4to3
Culvert-3to2
Culvert-2tol
Flow
Depth
Velocity
Flow
Depth
Velocity
Flow
Depth
Velocity
Flow
Depth
Velocity
Hours
(CFS)
(ft)
(fps)
(CFS)
(ft)
(fps)
(CFS)
(ft)
(fps)
(CFS)
(ft)
(fps)
19:10:00
4.08
0.93
3.56
4.42
0.97
3.65
4.7
0.96
3.96
4.85
0.88
3.64
19:20:00
3.99
0.92
3.54
4.33
0.96
3.62
4.6
0.94
3.93
4.75
0.87
3.62
19:30:00
3.93
0.91
3.51
4.24
0.95
3.59
4.52
0.93
3.91
4.66
0.86
3.59
19:40:00
3.87
0.9
3.49
4.17
0.94
3.57
4.45
0.93
3.89
4.59
0.86
3.57
19:50:00
3.81
0.89
3.47
4.11
0.94
3.55
4.4
0.92
3.87
4.54
0.85
3.56
20:00:00
3.76
0.89
3.45
4.06
0.93
3.53
4.35
0.92
3.85
4.5
0.85
3.55
20:10:00
3.71
0.88
3.44
4
0.92
3.51
4.3
0.91
3.84
4.45
0.84
3.53
20:20:00
3.63
0.87
3.41
3.94
0.91
3.49
4.24
0.9
3.82
4.38
0.84
3.52
20:30:00
3.56
0.86
3.39
3.86
0.9
3.47
4.15
0.89
3.79
4.28
0.83
3.49
20:40:00
3.49
0.85
3.36
3.78
0.89
3.44
4.05
0.88
3.76
4.18
0.82
3.47
20:50:00
3.42
0.84
3.34
3.7
0.88
3.42
3.96
0.87
3.74
4.08
0.81
3.44
21:00:00
3.35
0.84
3.31
3.62
0.87
3.39
3.87
0.86
3.71
3.99
0.8
3.42
21:30:00
3.29
0.83
3.29
3.54
0.86
3.37
3.79
0.85
3.68
3.91
0.79
3.39
21:20:00
3.23
0.82
3.27
3.47
0.85
3.34
3.71
0.84
3.66
3.83
0.78
3.37
21:30:00
3.17
0.81
3.25
3.4
0.84
3.32
3.64
0.83
3.63
3.75
0.77
3.35
21:40:00
3.12
0.81
3.23
3.34
0.84
3.3
3.57
0.82
3.61
3.68
0.77
3.33
21:50:00
3.04
0.8
3.2
3.26
0.83
3.27
3.48
0.81
3.58
3.58
0.75
3.3
22:00:00
2.95
0.78
3.17
3.14
0.81
3.23
3.34
0.79
3.54
3.43
0.74
3.26
22:10:00
2.87
0.77
3.14
3.04
0.79
3.2
3.22
0.77
3.49
3.29
0.72
3.21
22:20:00
2.8
0.76
3.11
2.96
0.78
3.17
3.13
0.76
3.46
3.2
0.71
3.18
22:30:00
2.76
0.76
3.09
2.91
0.78
3.15
3.07
0.76
3.44
3.14
0.71
3.17
22:40:00
2.7
0.75
3.07
2.85
0.77
3.13
3.02
0.75
3.42
3.09
0.7
3.15
22:50:00
2.66
0.74
3.05
2.8
0.76
3.1
2.97
0.74
3.4
3.04
0.7
3.13
23:00:00
2.62
0.74
3.03
2.77
0.76
3.09
2.95
0.74
3.39
3.02
0.69
3.12
23:10!00
2.59
0.73
3.02
2.75
0.76
3.08
2.92
0.74
3.38
3
0.69
3.12
23:20:00
2.56
0.73
3
2.72
0.75
3.06
2.9
0.74
3.37
2.99
0.69
3.11
23:30:D0
2.51
0.72
2.98
2.67
0.74
3.05
2.85
0.73
3.35
2.93
0.68
3.09
23:40:00
2.47
0.72
2.97
2.63
0.74
3.03
2.81
0.72
3.33
2.89
0.68
3.07
Appendix B
Wetland Restoration Area "WC"
Figure 5
Drainage Area Map (WC)
m;.
i
I � I � I, � I i I ,•I
�•Mp � / *nLrp
/
\ xm.
Figure 7
Hydrology Report Hydrology Report - Diversion Swale (10-yr)
Hydraflow Express by Intelisolve Wednesday, Aug 2 2017, 7:14 PM
Windsor Solar Farm - SE Corner - diversion swale
Hydrograph type
= SCS
Peak discharge (cfs)
= 1.229
Storm frequency (yrs)
= 10
Time interval (min)
= 1
Drainage area (ac)
= 0.900
Curve number (CN)
= 79
Basin Slope (%)
= See Worksheet
Hydraulic length (ft)
= See Worksheet
Tc method
= TR55
Time of conc. (min)
= 31
Total precip. (in)
= 5.74
Storm Distribution
= Type III
Storm duration (hrs)
= 24
Shape factor
= 200
Hydrograph Volume = 11,301 (cuft); 0.259 (aeft)
Runoff Hydrograph
Q (cfs) 10-yr frequency Q (cfs)
2.00 2.00
1.00 1.00
0.00 0.00
0.0 2.0 4.0 6.0 8.0 10.0 12.0 14.0 16.0 18.0 20.0 22.0 24.0 26.0
Time (hrs)
— Runoff Hyd - Qp = 1.23 (cfs)
TR55 Tc Worksheet
SCS
Windsor Solar Farm - SE Corner - diversion swale
Description
Sheet Flow
Manning's n-value
Flow length (ft)
Two-year 24-hr precip. ((in))
Land slope (%)
Travel Time (min)
Shallow Concentrated Flow
Flow length (ft)
Watercourse slope (%)
Surface description
Average velocity (ft/s)
Travel Time (min)
Channel Flow
A
B
= 0.240
0.011
= 300.0
0.0
= 3.74
0.00
= 2.20
0.00
= 30.60
+ 0.00
= 50.00
= 2.20
= Unpaved
= 2.39
= 0.35
C
0.011
0.0
0.00
0.00
+ 0.00
0.00
0.00
0.00
0.00
Paved
Paved
0.00
0.00
+ 0.00 + 0.00
X sectional flow area ((sqft))
= 0.00
0.00
0.00
Wetted perimeter ((ft))
= 0.00
0.00
0.00
Channel slope (%)
= 0.00
0.00
0.00
Manning's n-value
= 0.015
0.015
0.015
Velocity (ft/s)
= 0.00
0.00
0.00
Flow length (ft)
= 0.0
0.0
0.0
Travel Time (min) = 0.00 + 0.00 + 0.00
TotalTravel Time, Tc..........................................................................
Hydraflow Express by Intelisolve
Totals
30.60
0.35
MI]
31.00 min
Figure 8
Channel Report
Channel Report - Diversion Swale (10-yr)
Hydraflow Express by Intelisolve
Wednesday, Aug 2 2017, 7:17 PM
Windsor Solar Farm - SE Corner - Diversion Swale (10-yr event)
Triangular
Highlighted
Side Slope (z:1) = 4.00
Depth (ft)
= 0.34
Total Depth (ft) = 1.00
Q (cfs)
= 1.230
Area (sqft)
= 0.46
Invert Elev (ft) = 15.00
Velocity (ft/s)
= 2.66
Slope (%) = 2.50
Wetted Perim (ft)
= 2.80
N-Value = 0.026
Crit Depth, Yc (ft)
= 0.36
Top Width (ft)
= 2.72
Calculations
EGL (ft)
= 0.45
Compute by: Known Q
Known Q (cfs) = 1.23
Elev (ft)
17.00
16.50
MiIN
15.50
15.00
14.50
0
Section
1 2 3 4 5 6
Reach (ft)
Depth (ft)
2.00
1.50
1.00
0.50
0.50
7 8 9 10
Hydrology Report
Hydraftow Express by Intelisolve
Figure 9
Hydrology Report - Culvert (10-year)
Windsor Solar Farm - SE Corner - diversion swale culvert
Hydrograph type
= SCS
Storm frequency (yrs)
= 10
Drainage area (ac)
= 4.100
Basin Slope (%)
= See Worksheet
Tc method
= TR55
Total precip. (in)
= 5.74
Storm duration (hrs)
= 24
Q (Cfs)
6.00
5.00
MoDl
2.00
1.00
Runoff Hydrograph
10-yr frequency
Wednesday, Aug 9 2017, 12:6 PM
Peak discharge (cfs)
Time interval (min)
Curve number (CN)
Hydraulic length (ft)
Time of conc. (min)
Storm Distribution
Shape factor
= 5.599
=1
= 79
= See Worksheet
= 31
= Type III
= 200
Hydrograph Volume = 51,484 (ouft); 1.182 (aeft)
Q (cfs)
6.00
5.00
4.00
3.00
wil
1.00
0.00 0.00
0.0 2.0 4.0 6.0 8.0 10.0 12.0 14.0 16.0 18.0 20.0 22.0 24.0 26.0
Time (hrs)
— Runoff Hyd - Op = 5.60 (cfs)
Figure 10
Culvert Report Culvert Report (10-year)
Hydraflow Express by Intelisolve
Wednesday, Aug 9 2017, 1:7 PM
Windsor Solar Farm - SE Corner - diversion swale culvert (10-yr)
Invert Elev Dn (ft) =
13.50
Calculations
Pipe Length (ft) =
20.00
Qmin (cfs)
= 4.10
Slope (%) =
1.50
Qmax (cfs)
= 4.10
Invert Elev Up (ft) =
13.80
Tailwater Elev (ft)
= Normal
Rise (in) =
15.0
Shape =
Cir
Highlighted
Span (in) =
15.0
Qtotal (cfs)
= 4.10
No. Barrels =
1
Qpipe (cfs)
= 4.10
n-Value =
0.010
Qovertop (cfs)
= 0.00
Inlet Edge =
Projecting
Veloc Dn (ft!s)
= 6.73
Coeff. K,M,c,Y,k =
0.0045, 2, 0.0317, 0.69, 0.5
Veloc Up (f /s)
= 4.87
HGL Dn (ft)
= 14.12
Embankment
HGL Up (ft)
= 14.61
Top Elevation (ft) =
16.50
Hw Elev (ft)
= 14.79
Top Width (ft) =
10.00
Hw/D (ft)
= 0.80
Crest Width (ft) =
10.00
Flow Regime
= Outlet Control
Elev (ft) Profile Hw Depth (ft)
17.00 3.20
T
16.00 2.20
Embai ikment
15.00 1.20
Hw
HGL o (in) .50%
14.00 0.20
13.00 -0.80
12.00 -1.80
0 2 4 6 8 10 12 14 16 18 20 22 24 26 28
Reach (ft)
Channel Report
Figure 11
Channel Report - Outfall Swale (10-year)
Hydraflow Express by Intelisolve
Wednesday, Aug 9 2017, 1:23 PM
Windsor Solar
Farm - SE Corner - Outfall Swale (10-yr)
Triangular
Highlighted
Side Slope (z:1)
= 4.00
Depth (ft)
= 0.68
Total Depth (ft)
= 1.00
Q (cfs)
= 5.600
Area (sqft)
= 1.85
Invert Elev (ft)
= 13.00
Velocity (fUs)
= 3.03
Slope (%)
= 1.25
Wetted Perim (ft)
= 5.61
N-Value
= 0.026
Crit Depth, Yc (ft)
= 0.66
Top Width (ft)
= 5.44
Calculations
EGL (ft)
= 0.82
Compute by:
Known Q
Known Q (cfs)
= 5.60
Elev (ft)
15.00
14.50
14.00
13.50
13.00
12.50
0 1
2 3 4
Section
5 6
Reach (ft)
7
Depth (ft)
2.00
1.50
1.00
0.50
ME
-0.50
8 9 10
Hydrology Report
Hydraftow Express by Intelisolve
Figure 12
Hydrology Report - Diversion Swale (50-yr)
Wednesday, Aug 9 2017, 7:16 PM
Windsor Solar Farm - SE Corner - diversion swale
Hydrograph type
= SCS
Peak discharge (cfs)
= 2.043
Storm frequency (yrs)
= 50
Time interval (min)
= 1
Drainage area (ac)
= 0.900
Curve number (CN)
= 79
Basin Slope (%)
= See Worksheet
Hydraulic length (ft)
= See Worksheet
Tc method
= TR55
Time of conc. (min)
= 31
Total precip. (in)
= 8.26
Storm Distribution
= Type III
Storm duration (hrs)
= 24
Shape factor
= 200
Hydrograph Volume = 18,846 (cult); 0.433 (acft)
Q (cfs)
3.00
`rr
1.00
— Runoff Hyd - Qp = 2.04 (cfs)
Runoff Hydrograph
50-yr frequency
Q (cfs)
3.00
2.00
1.00
' � ' 0.00
22.0 24.0 26.0
Time (hrs)
Figure 13
Channel Report Channel Report - Diversion Swale (10-year)
Hydraflow Express by Intelisolve
Wednesday, Aug 2 2017, 7:16 PM
Windsor Solar
Farm - SE Corner - Diversion Swale (50-yr event)
Triangular
Highlighted
Side Slope (z:1)
= 4.00
Depth (ft)
= 0.41
Total Depth (ft)
= 1.00
Q (cfs)
= 2.040
Area (sqft)
= 0.67
Invert Elev (ft)
= 15.00
Velocity (ft/s)
= 3.03
Slope (%)
= 2.50
Wetted Perim (ft)
= 3.38
N-Value
= 0.026
Crit Depth, Yc (ft)
= 0.44
Top Width (ft)
= 3.28
Calculations
EGL (ft)
= 0.55
Compute by:
Known Q
Known Q (cfs)
= 2.04
Elev (ft)
17.00
16.50
16.00
15.50
15.00
14.50
0
Section
1 2 3 4 5 6 7
Reach (ft)
Depth (ft)
2.00
1.50
0.50
141D1
-0.50
8 9 10
Hydrology Report Figure 14
Hydrology Report - Culvert (50-year)
Hydraflow Express by Intelisolve Wednesday, Aug 9 2017, 1:8 PM
Windsor Solar Farm - SE Corner - diversion swale culvert
Hydrograph type
= SCS
Peak discharge (cfs)
= 9.308
Storm frequency (yrs)
= 50
Time interval (min)
= 1
Drainage area (ac)
= 4.100
Curve number (CN)
= 79
Basin Slope (%)
= See Worksheet
Hydraulic length (ft)
= See Worksheet
Tc method
= TR55
Time of conc. (min)
= 31
Total precip. (in)
= 8.26
Storm Distribution
= Type III
Storm duration (hrs)
= 24
Shape factor
= 200
Hydrograph Volume = 85.854 (cuft); 1.971 (acft)
Q (cfs)
10.00
: ►►
4.00
2.00
2.0 4.0 6.0 8.0
— Runoff Hyd - Qp = 9.31 (cfs)
Runoff Hydrograph
50-yrfrequency
Q (cfs)
10.00
. ►►
fADY
0.00
10.0 12.0 14.0 16.0 18.0 20.0 22.0 24.0 26.0
Time (hrs)
Culvert Report
Figure 15
Culvert Report (50-year)
Hydraflow Express by Intelisolve
Wednesday, Aug 9 2017, 7:19 PM
Windsor Solar Farm - SE Corner - diversion Swale culvert (50-yr)
Invert Elev Dn (ft) =
13.50
Calculations
Pipe Length (ft) =
20.00
Qmin (cfs) =
9.31
Slope (%) =
1.50
Qmax (cfs) =
9.31
Invert Elev Up (ft) =
13.80
Tailwater Elev (ft) =
Normal
Rise (in) =
15.0
Shape =
Span (in) =
No. Barrels =
n-Value =
Inlet Edge =
Coeff. K,M,c,Y,k =
Cir
15.0
1
0.010
Projecting
0.0045, 2, 0.0317, 0.69, 0.5
Highlighted
Qtotal (cfs) =
Qpipe (cfs) =
Qovertop (cfs) =
Veloc Dn (ft/s) =
Veloc Up (ft/s) =
9.31
9.31
0.00
8.63
7.81
HGL Dn (ft) =
14.53
Embankment
HGL Up (ft) =
14.97
Top Elevation (ft) =
16.50
Hw Elev (ft) =
16.48
Top Width (ft) =
10.00
Hw/D (ft) =
2.14
Crest Width (ft) =
10.00
Flow Regime =
Inlet Control
Elev (ft)
Profile
Hw Depth (ft)
17.00
3.20
Hw
16.00
2.20
Embankment
15.00
1.20
HGL
20.00
Lf of 1
(in) @
1.50%
14.00
0.20
13.00
-0.80
12.00
0 2 4
6 8 10 12 14 16 18
-1.80
20 22 24 26 28
Reach (ft)
Channel Report
Figure 16
Channel report - Outfall
Swale (50-yr)
Hydraflow Express by Intelisolve
Wednesday, Aug 9 2017, 7:19 PM
Windsor Solar Farm - SE Corner - Diversion Swale (50-year)
Triangular
Highlighted
Side Slope (z:1) = 4.00
Depth (ft) =
0.73
Total Depth (ft) = 1.00
Q (cfs) =
9.310
Area (sqft) =
2.13
Invert Elev (ft) = 15.00
Velocity (ft/s) =
4.37
Slope (%) = 2.50
Wetted Perim (ft) =
6.02
N-Value = 0.026
Crit Depth, Yc (ft) =
0.81
Top Width (ft) =
5.84
Calculations
EGL (ft) =
1.03
Compute by: Known Q
Known Q (cfs) = 9.31
Elev (ft)
17.00
16.50
itX1h]
15.50
ib 141f,
14.50
0
1 2 3 4
Section
5
Reach (ft)
6 7 8 9
Depth (ft)
2.00
1.50
i9fill
0.50
LIT]
Appendix C
Support Data
Figure 17
Maximum Permissible Velocities
(lined channels)
Table 3-5. Maximum permissible velocities for vegetation lined channels. (Modified from Ree, 1949
and PA -DER, 1990).
Maximum Permissible Velocities
Erosion Resistant Soils
Easily Eroded Soils
K<0.37
K>0.37
(percent sloe(percent
slope)
0-5
5-10
Over 10
0-5
5-10
Over 10
Cover
fps
fps
fps
fps
fps
fps
Bermuda Grass 8
7
6
6
5
4
Buffalo Grass
Kentucky Bluegrass
Smooth Bromegrass 7
6
5
5
4
3
Blue Grama
fl _.
Tall Fescue
4
NRa
4
3
NR
Grass Mixture 1 1 5 1
Reed Canarygrass 5
4
NR
4
3
NR
Lespedeza
Weeping Lovegrass
ii
Red Top
_Kudzu _ 3.5
NR NR
2.5 NR
NR
Alfalfa
l - - - ------
RedFe scue
Crabgrass
Annuals for Temporary 3.5
NR NR
2.5 NR
NR
Protection
Sudangrass
3.5 1
NR
NR
2.5 NR I
NR
allot Recommeded.
Maximum Allowable Shear Stress or Tractive Force, Tau
Maximum allowable tractive force is a measure of the shear stress exerted by the
flowing water on the channel lining. If the actual shear stress, in Ibs/ftz, exceeds the
Bertie County, North Carolina
Figure 18
Soil Type Erosion Factors
TABLE 15.--PHYSICAL AND CHEMICAL PROPERTIES OF THE SOILS
(The symbol < means less than; ) means more than. Entries under "Erosion factors--T" apply to the entire
profile. Entries under "Organic matter" apply only to the surface layer. Absence of an entry indicates
that data were not available or were not estimated)
111
Soil name and lDepthl
map symbol !
Clay
; Moist ]Permeability !Available Soil ;Shrink -swell factors ; Organic
( bulk ; water ireaction i potential i�-i matter
densit ' !ca cit ) ! ' K ' T '
n
_ i
PC
�
n hr
n n 1 �
AtA--------------) 0-141
10-24
! ;
11.30-1.501
2.0-6.0
;
10.12-0.2013.E-6.5
; ! !
!Low ----------- l0.241 5
!
'
Altavista �14-401
18-35
11.30-1.501
0.6-2.0
10.12-0.20i 3.6-6.0
!Low---------- 0.241
.5-3
I
40-601
-__
___ ;
___
; ___ ! __ _
_____________i____!
Au---------------
--------� 0-6 �
5-20
I
11.40-1.70!
2.0-6.0
!
10.10-0.1519.5-6.0
1
[Low ---------- 10.20! 4
!
!
Augusta 1 6-461
146-681
20-35
11.35-1.6o!
0.6-2.0
10.12-0.1814.5-6.0
!Low ---------- 10.241
.5-2
i
___!_____________1____i
BB:
Bibb------------! 0-8
2-18
11.20-1.55!
0.6-2.0
10.15-0. 2014.5-5.5
!LOW ---------- 10.281 5
!
! 8-601
2-18
11.30-1.60!
0.6-2.0
l0,12-0.20l4.5-5.5
!Low----------1 0.371
.5-2
!
1
Johnston--------! 0-281
5-18
! I
11.30-1.55!
2.0-6.0
1 I
l0.10-0.20!4.5-5.5
' 1 i
!Low ---------- �0.201 5
i
! 3-8
128-601
2-12
11.55-1.651
6.0-20
10.02-0.07i4.5-5.5
!Low ---------- 10.171
!
BIB, BoC---------i 0-28i
5-15
i1.30-1.701
6.0-20
10.05-0.1114.5-6.0
!Low ---------- 10.15! 5
i
Bonneau 128-751
18-35
11.40-1.601
0.6-2.0
10.10-0.15!4.5-5.5
!Low ---------- 10.201
.5-2
'
Ch---------------i 0-4 !
10-27
11.30-1.60'
0.6-2.0
10.15-0.2414.5-6.5
!Low ---------- 10.281 5
! 1-4
Chewacla ! 4-421
18-35
11.30-1.60,
0.6-2.0
10.12-0.20!4.5-6.5
lLow----------l0. 28!
!
142-651
18-35
11.30-1.50!
0.6-2.0
10.15-0.24l 4.5-7.8
!Low ---------- 10.321
!
CnB-------------- 1 0-231
2-10
11.60-1.75!
6.0-20
10.05-0.10'4.5-6.0
Low ---------- I0.15' 5
'
Conetoe 123-42!
10-22
11.40-1.60!
2.0-6.0
10.10-0.15l9.5-6.0
!Low----------1 0. 15,
.5-2
!
42-80!
2-10
11.60-1.701
6.0-20
10.05-0.1014.5-6.0
'
!Low----------'0Q0.32
l
I
I '
CrA, CrB, CrC----! 0-ill
7-27
�1.30-1.451
0.2-2.0
10,12-0:1513.6-5.5
!Low---------
'
!
Craven ill-67!
35-60
11.30-1.451
0.0E-0.2
10.12-0.1513.E-5.5
!Moderate----
.5-2
!
!
DgA, DgB, DgC ---- ! 0-7 !
5-10
!
11.35-1.501
2.0-6.0
l0.08-0.15l3.6-5.5
!Low ---------- 10.281 4
i
Dogue ! 7-50!
50-82!
35-50
11.45-1.601
0.2-0.6
10.12-0.1913.6-5.5
!Moderate -----l0.28!
.5-1
!
5-30
1.30-1.501
0.6-6.0
10.05-0.1413.6-5.5
!Low-- -------- 10,171
!
Dk_______________I '
i 0-5 I
-__
1
10.25-0.401
0.6-2.0
' ---- ___
Dorovan i 5-851
---
10.35-0.55� '
0.6-2.0
10.20-0.2513.6-4.4
'
�0.20-0.25i3.6-4.4
�
i 20-80
85-951
5-20
11.40-1.65,
6.0-20
10.05-0.0814.5-5.5
lLow---------- I----�
i
EExB---------! 0-7
Ex l
Exum
6-18
! !
11.30-1.501
2.0-6.0
! !
10.15-0.2014.5-6.0
!
!Low ------- ---1o.371 5
! 5-2
7-651
18-35
11.30-1.401
0.2-0.6
10.15-0.2014.5-5.5
!Low ----------10.371
!
GoA--------------1 0-1110
5-15
11.40-1.601
2.0-6.0
10.10-0.1513.6-6.0
!Low ---------- io.201 5
!
Goldsboro 111-721
172-801
20-34
---
i1.30-1.401
0.6-2.0
10.11-0.2013.6-5.5
'Low ---------- 10.24!
.5-2
!
! --- !
-__
! ___ ; _--
;------------- ;____!
Gt-______ i
--------i 0-7 I
_
6 18
! !
i1.30-1.50�
2.0-6.0
!
i0.13-0.2013.E-5.5
!Low ---------- 10.37! 5
!
!
Grantham 7-721
18-35
11.30-1.401
0.2-0.6
10.15-0.2013.6-5.5
lLow---------- 10.43!
2-4
!
Lf---------------0-5 i
12-20
1
.1.30-1.50!
0.06-0.2
10.12-0.1813.6-5.5
1Low ------ --- 10.281
Leaf ; 5-72i
35-60
11.50-1.601
0.06
10.18-0.2113.6-5.5
9
High-------- i0.321
1 1-3
!
In----1 0-7
6-20
�1.40-1.551
2.0-6.0
!0.10-0.1413.6-5.5
!Low ---------- 10.281 5
1 2-4
Lenoir ! 7-721
35-60
11.20-1.351
0.06-0.2
10.13-0.1513.6-5.5
;Moderate ----- 10.321
LY_________ _! 0-10'
""""-
Lynchburg 110-65�
S-20
!
'
i1.30-1.601
2.0-6.0
!
� !
i0.09-0.13 3.6-5.5
!
!Low----------' ' 5
•5-5
18-35
11.30-1.501
0.6-2.0
10.12-0.1613.6-5.5
!Low ---------- 10.201
Na---------------! 0-6 !
Nahunta 1 6-641
6-18
11.30-1.501
2.0-6.0
110.15-0.2014, 5-6.0
'Low ------- ---l0.43! 5
! 2-4
18-35
�1.30-1.401
0.2-0.6
10.15-0.2013.6-5.5
!Low----------; 0.431
'
Figure 19
Maximum Permissible Velocities
(unlined channels)
Table 3-4. Maximum permissible velocities for non -vegetated channel linings.
(Adapted from USDA-SCS. 1972b and PA -DER. 19901.E
Channel Linings
Maximum Permissible
Velocity
ft/sec
Earth Lined Channels
Fine Sand
1.50
Sandy Loam
1.75
Silt Loam non -colloidal
2.00
Ordinary Firm Loam, Fine gravel
2.50
Stiff Clay (very colloidal
3.75
Graded, Loam
3.75
Alluvial Silts colloidal
3.75
Graded, Silt
4.0
Coarse Gravel non -colloidal
4.0
Cobbles and Shingles
5.0
Shales and Hard ans
6.0
Durable Bedrock
8.0
Rolled Erosion Control Products RECP
Am. Excelsior Co.; Curlex Net Free
3.0
Am. Excelsior Co.; Straw; 1 net
3.5
N. Am. Green; Straw; single net
5.0
Am. Excelsior Co.; Curlex 1.73; 1 net
5.0
N. Am. Green; Straw; double net
6.0
Am. Excelsior Co.; Curlex 1.98; 1 net
6.0
Am. Excelsior Co.; Curlex 11.73; 2 nets
7.0
N. Am. Green; 70% straw: 30% Coconut; double net
8.0
Geocoir/Dekowe; 400
8.0
Geocoir/Dekowe; Straw; RS-2
8.0
Am. Excelsior Co.; Curlex 11.98; 2 nets
8.5
N. Am. Green; Polypropylene; double net; Bare soil
9.0
Geocoir/Dekowe; 70% Straw 30% Coconut; RSS/C-3
10.0
Company names are used for clarity and do not imply endorsement by NCSU or NC DOT.
Figure 20
Allowable Shear Stress
Allowable Tractive Force; D, < 6.35 mm
1.00
Clear Water
_ Low Content
- - High Content
o.m
s
a
0.01
0.1 1.0 1UA
nmaien PsftN Sin low) mm
Figure 3.4. Allowable tractive forces for non -cohesive soils; D75 < 6.35 mm or 0.25 inches
(Adapted from USDASCS, 1964).
Finally, it is important to note that the tractive force, or shear stress in a channel
does not remain constant across the entire channel. Figure 3-6 shows how the shear
stress changes across a trapezoidal channel. The important thing to keep in mind is that
shear stress is almost always maximum at the point in the channel where the depth of
flow is the greatest.
Table 3-6. Allowable Tractive Forces and Manning's n Values for Various Channel Linings
tvnnFa gnnm 1
Channel Lining Category
Lining Type
Allowable
Tractive
Force,T
Ibs/ft2
Unlined - Erodible Soils K > 0.37
Silts, Fine - Medium Sands
0.03
Coarse Sands
0.04
Very Coarse Sands
0.05
Fine Gravel
0.10
Erosion Resistant Soils K < 0.37
Sandy loam
0.02
Gravely, Stony, Channery loam
0.05
Stony or Channery silt loam
0.07
Loam
0.07
Sandy clay loam
0.10
Silt loam
0.12
Silty clay loam
0.18
Clay loam
0.25
Shale & Hardpan
1.00
Durable Bedrock
2.00
RECP
Jute Netting
0.45
Geocoir/Dekowe; Straw; RS-1
0.83
Profile; Futerra
1.00
Am. Excelsior Co.; Straw; 1 net
1.25
eocoir a owe; raw;
E. Coast Ero. Blank.; Straw/Coir, 2 Jute
nets
1.35
N. Am. Green; Straw; single net
1.55
E. Coast Ero. Blank.; Straw, 1 net
1.55
E. Coast Ero. Blank.; Coir, 2 Jute nets
1.63
Am. Excelsior Co.; Curlex 1.98; 1 net
1.65
Am. Excelsior Co.; Curlex 11.73; 2 nets
1.75
N. Am. Green; Straw; double net
1.75
E. Coast Ero. Blank.; Excelsior, 1 net
1.80
Geocoir/Dekowe; 70% Straw 30% Coconut;
RSS/C-3
1.85
N. Am. Green; 70% straw: 30% Coconut;
double net
2.00
N. Am. Green; Polypropylene; double net;
Bare soil
2.00
Am. Excelsior Co.; Curlex 11.98; 2 nets
2.00
Geocoir/Dekowe; Poly/Fiber; RSP-5
2.00
Geocoir/Dekowe; Coconut, RSC-4
2.00
E. Coast Ero. Blank.; Excelsior, 2 nets
2.00
E. Coast Ero. Blank.; Straw, Jute net
2.10
E. Coast Ero. Blank.; Straw, 2 nets
2.10
N. Am. Green; Coconut; double net
2.25
Am. Excelsior Co.; Curlex 111; 2 nets
2.30
Am. Excelsior Co.; Curlex Enforcer; 2 nets;
Bare soil
2.30
E. Coast Ero. Blank.; Straw/Coir, 2 nets
2.60
Am. Excelsior Co.; Curlex High Velocity; 2
nets
3.00
Geocoir/Dekowe; 400
3.10
E. Coast Ero. Blank.; Coir, 2 nets
3.20
E. Coast Ero. Blank.; Polypropylene, 2 nets
3.21
Geocoir/Dekowe; 700
4.46
Geocoir/Dekowe; 900
4.63
N. Am. Green; Polypropylene; double net;
Vegetated
8.00
Turf Reinforced Mats TRM
North Am. Green SC250; Bare soil
2.50
North Am. Green C350; Bare soil
3.00
North Am. Green P550; Bare soil
3.25
E. Coast Ero. Blank.; Coir, 3 nets
3.50
Profile/Enkamat; 7003, seed w/ bonded
fiber matrix BFM
5.00
Profile/Enkamat; 7010, seed and
h dromulch
6.00
Profile/Enkamat; 7010 - 7220, seed and
BFM; Ve e.
6.0-8.0
Profile/Enkamat; 7010 - 7220, seed and
BFM; Bare
6.7-11.2
Profile/Enkamat; 7018, seed and
h dromulch
7.00
North Am. Green SC250; Vegetated
8.00
Profile/Enkamat; 7020, seed and
h dromulch
8.00
Profile/Enkamat II; seed and BFM; Ve e.
8.00
Profile/Enkamat; 7920, seed and BFM;
Ve e.
8.00
North Am. Green C350; Vegetated
10.0
Profile/Enkamat II; seed and BFM; Bare
10.0
Am. Excelsior Co.; Rec clex
10.0+
North Am. Green P550; Vegetated
12.5
Grass Liners
Class C; a = 5
1.00
Class B; a = 2
2.10
Aggregate & Ri ra
See Table 3-7
#5
0.50
Class A
1.00
Class B
2.00
Class 1
3.00
Class 2
4.00
Reno Mattress & Gabion
8.35
Concrete
100.
Table 3-7. Aggregate and Riorao aradation
Graded Rock Size in
Class or#
Maximum
135o
Minimum
#57
1
/
No.8
#5
1
3/4
3/8
A
6
4
2
B
12
8
5
1
17
10
5
2
23
14
9
G
r
M� in
a 1�
i
Scarbraugh, Anthony
From: Scarbraugh, Anthony
Sent: Monday, April 24, 2017 2:20 PM
To: 'Hayes, Tim'; Tankard, Robert
Cc: McNay, Tom; Barnes, Kyle; Shelton Sullivan
Subject: RE: Duke Energy Renewables Windsor Solar Follow-up
Mr. Hayes,
This Office approves the submittal date of May 5, 2017
Thanks,
Anthony Scarbraugh
Environmental Senior Specialist
Division of Water Resources — Water Quality Regional Operations
Department of Environmental Quality
252 948 3924 office
anthony.scarbraugh@ncdenr.gov
943 Washington Square Mall
Washington, NC 27889
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Hayes, Tim [mailto:Tim.Hayes@duke-energy.com]
Sent: Friday, April 21, 2017 4:51 PM
To: Tankard, Robert <robert.tankard@ncdenr.gov>; Scarbraugh, Anthony <anthony.scarbraugh@ncdenr.gov>
Cc: McNay, Tom <Tom.McNay@duke-energy.com>; Barnes, Kyle <Kyle.W.Barnes@usace.army.mil>
Subject: Duke Energy Renewables Windsor Solar Follow-up
Robert and Anthony: Thanks again for talking to Tom and I earlier this week. Per our discussion, the field work (soil
borings) to determine the wetland boundaries and extent at the Windsor solar site should have wrapped up today. We
expect to receive a draft report by mid -next week. We will need some time to review it, so we propose to provide a
copy of the report to NC DWR (and the Army Corps) by COB Friday, May 5. Let me know if that proposed schedule is
satisfactory. In the meantime, if something changes on this schedule, I will let you know. Thanks and have a good
weekend.
Tim
Timothy A. Hayes
Director, Environmental
Duke Energy Renewables
301 Home Avenue
Terre Haute, IN 47803
Office: (812)231-6771
Cell: (317)902-2432
tim.haves@duke-enerev.com
Scarbraugh, Anthony
From: Scarbraugh, Anthony
Sent: Thursday, April 27, 2017 9:40 AM
To: 'Hayes, Tim'; Tankard, Robert
Cc: 'McNay, Tom';'Barnes, Kyle'; May, David; Shelton Sullivan; Higgins, Karen; Dumpor,
Samir
Subject: RE: Duke Energy Renewables Windsor Solar Follow-up
Mr. Hayes,
Per discussion between Division of Water Resources staff and Duke Renewables personnel on April 19, 2017 regarding
the responses to the Notice of Violation and Recommendation for Enforcement issued for violation at the Windsor and
Bethel Solar facilities, this Office requests any additional information to clarify the party responsible for citing and
addressing state and federal regulations be provided to this Office by May 5, 2017. If you have any further questions,
please feel free to contact me.
Regards,
Anthony Scarbraugh
Environmental Senior Specialist
Division of Water Resources — Water Quality Regional Operations
Department of Environmental Quality
252 948 3924 office
anthony.scarbraugh@ncdenr.gov
943 Washington Square Mall
Washington, NC 27889
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Scarbraugh, Anthony
Sent: Monday, April 24, 2017 2:20 PM
To: 'Hayes, Tim' <Tim.Hayes@duke-energy.com>; Tankard, Robert <robert.tankard@ncdenr.gov>
Cc: McNay, Tom <Torn.McNay@duke-energy.com>; Barnes, Kyle <Kyle.W.Barnes@usace.army.mil>; Shelton Sullivan
<Shelton.Sullivan@ncdenr.gov>
Subject: RE: Duke Energy Renewables Windsor Solar Follow-up
Mr. Hayes,
This Office approves the submittal date of May 5, 2017.
Thanks,
Anthony Scarbraugh
Environmental Senior Specialist
Division of Water Resources — Water Quality Regional Operations
Department of Environmental Quality
252 948 3924 office
anthonv.scarbraughCcD.ncdenraov
943 Washington Square Mall
Washington, NC 27889
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and maybe disclosed to third parties.
From: Hayes, Tim [mailto:Tim.Haves@duke-enerev.com]
Sent: Friday, April 21, 2017 4:51 PM
To: Tankard, Robert <robert.tankard@ncdenr.eov>; Scarbraugh, Anthony <anthonv.scarbraueh@ncdenr.gov>
Cc: McNay, Tom <Tom.McNav@duke-enerev.com>; Barnes, Kyle<KvIe.W.Barnes(causace.armv.mil>
Subject: Duke Energy Renewables Windsor Solar Follow-up
Robert and Anthony: Thanks again for talking to Tom and I earlier this week. Per our discussion, the field work (soil
borings) to determine the wetland boundaries and extent at the Windsor solar site should have wrapped up today. We
expect to receive a draft report by mid -next week. We will need some time to review it, so we propose to provide a
copy of the report to NC DWR (and the Army Corps) by COB Friday, May 5. Let me know if that proposed schedule is
satisfactory. In the meantime, if something changes on this schedule, I will let you know. Thanks and have a good
weekend.
Tim
Timothy A. Hayes
Director, Environmental
Duke Energy Renewables
301 Home Avenue
Terre Haute, IN 47803
Office: (812)231-6771
Cell: (317)902-2432
tim.haves@duke-enerev.com
Scarbraugh, Anthony
From: Scarbraugh, Anthony
Sent: Friday, May 05, 2017 8:51 AM
To: Hayes, Tim
Cc: McNay, Tom; Tankard, Robert; 'Barnes, Kyle W CIV USARMY CESAW (US)'
Subject: RE: Duke Energy Renewables Windsor Solar Follow-up
Mr. Hayes,
Thank you for the update.
Anthony Scarbraugh
Environmental Senior Specialist
Division of Water Resources — Water Quality Regional Operations Department of Environmental Quality
252 948 3924 office
anthony.scarbraugh@ncdenr.gov
943 Washington Square Mall
Washington, NC 27889
Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed
to third parties.
-----Original Message -----
From: Barnes, Kyle W CIV USARMY CESAW (US) [mailto:Kyle.W.Barnes@usace.army.mil]
Sent: Friday, May 05, 2017 8:17 AM
To: Hayes, Tim <Tim. Hayes@d uke-energy.com>; Tankard, Robert <robert.tankard@ncdenr.gov>; Scarbraugh, Anthony
<a nthony.sca rbra ugh @ncde nr.gov>
Cc: McNay, Tom <Tom.McNay@duke-energy.com>
Subject: RE: Duke Energy Renewables Windsor Solar Follow-up
Tim,
Thank you for the update.
Kyle Barnes
Regulatory Specialist
US Army Corps of Engineers
Wilmington District
Washington Field Office
910-251-4584
We at the U.S. Army Corps of Engineers Regulatory Branch are committed to improving service to our customers. We
would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is
located at:
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 <http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0>
Thank you for taking the time to visit this site and complete the survey.
-----Original Message -----
From: Hayes, Tim [mailto:Tim.Hayes@duke-energy.comj
Sent: Friday, May 05, 2017 8:15 AM
To: Tankard, Robert <robert.tankard@ncdenr.gov>; Scarbraugh, Anthony <anthony.scarbraugh@ncdenr.gov>
Cc: McNay, Tom <Tom.McNay@duke-energy.com>; Barnes, Kyle W CIV USARMY CESAW (US)
<Kyle. W.Barnes@usace.army.mil>
Subject: [Non-DoD Source) RE: Duke Energy Renewables Windsor Solar Follow-up
Good morning guys. I wanted to drop you a note and let you know that we are still reviewing the soils investigation
report for the Windsor solar project. As such, we need a little more time to complete our review of it. Note that we
committed to having this report to you by June 1 in our NOV response - however, it will likely be before this date. We'll
get it to you all as soon as we can. Let me know if you have any concerns or questions. Thanks and have a good
weekend.
Tim
Timothy A. Hayes
Director, Environmental
Duke Energy Renewables
301 Home Avenue
Terre Haute, IN 47803
Office: (812)231-6771
Cell: (317)902-2432
tim.hayes@duke-energy.com <mailto:tim.hayes@duke-energy.com>
From: Hayes, Tim
Sent: Friday, April 21, 2017 4:51 PM
To: Tankard, Robert; Scarbraugh, Anthony
Cc: McNay, Tom; Barnes, Kyle
Subject: Duke Energy Renewables Windsor Solar Follow-up
Robert and Anthony: Thanks again for talking to Tom and I earlier this week. Per our discussion, the field work (soil
borings) to determine the wetland boundaries and extent at the Windsor solar site should have wrapped up today. We
expect to receive a draft report by mid -next week. We will need some time to review it, so we propose to provide a
copy of the report to NC DWR (and the Army Corps) by COB Friday, May S. Let me know if that proposed schedule is
satisfactory. In the meantime, if something changes on this schedule, I will let you know. Thanks and have a good
weekend.
11n
Timothy A. Hayes
Director, Environmental
Duke Energy Renewables
301 Home Avenue
Terre Haute, IN 47803
Office: (812)231-6771
Cell: (317)902-2432
tim.hayes@duke-energy.com <mailto:tim.hayes@duke-energy.com>
-
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Scarbrauqh, Anthon
From: Scarbraugh, Anthony
Sent: Thursday, April 19, 2018 4:06 PM
To: 'Kelly Hoyt'; Barnes, Kyle W CIV USARMY CESAW (US)
Cc: Johnston, Charlie (Charlie.Johnston@duke-energy.com); Hooper, Matt; Nick Tillson;
Jeffrey McDermott; McNay, Tom
Subject: RE: [External] Windsor Restoration Tree Species
Mr. Hoyt,
The substitution of Swamp White Oak for Swamp Chestnut Oak will be fine
Thanks,
Anthony Scarbraugh
Environmental Senior Specialist
Division of Water Resources — Water Quality Regional Operations
Department of Environmental Quality
252 948 3924 office
anthonv.scarbrauah(cDncdenr aov
943 Washington Square Mall
Washington, NC 27889
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Kelly Hoyt [mailto:kelly.hoyt@sunenergyl.com]
Sent: Thursday, April 19, 2018 9:43 AM
To: Barnes, Kyle W CIV USARMY CESAW (US) <Kyle.W.Barnes@usace.army.mil>; Scarbraugh, Anthony
<anthony.sca rbra ugh @ncden r.gov>
Cc: Johnston, Charlie (Charlie.Johnston@duke-energy.com) <Charlie.Johnston@duke-energy.com>; Hooper, Matt
<Matt.Hooper@duke-energy.com>; Nick Tillson <nick.tillson@sunenergyl.com>; Jeffrey McDermott
<jeffrey.mcdermott@sunenergyl.com>; McNay, Tom <Torn.McNay@duke-energy.com>
Subject: [External] Windsor Restoration Tree Species
•Tfdll- UV rIUL VICK IInKS or open atrachMs unless verified. Send all suspicio
Good Morning,
We have had difficulty procuring the Swamp Chestnut Oak as restorative species for the Windsor Site. Allegedly, the
nurseries do not carry this species due to its low success rates and lack of demand. We would like to swap out this tree
with the Swamp White Oak which is more readily available with higher success rates.
Please let us know if this allowable at your earliest convenience.
Thanks,
Kelly Hoyt, PMP I Environmental Program Manager
Office: (704) 662-0375 ext. 380 1 Cell: (307) 752-4301
192 Raceway Drive, Mooresville. NC. 28117
www.SunEnergyl.com kelly.ho3q@SunEnergyl.com
L �ln?1�Wi61IH CIJHML-NGIHI_ �A It I I"
CONFIDENTIALITY NOTICE: This email message and any attachments are intended only for the person or
entity to which it is addressed and may contain confidential and/or privileged information. Any unauthorized
review, use, disclosure or distribution is prohibited. If you are not the intended recipient of this email, please
contact the sender by reply email and delete the original and any copy of this email. If you are the intended
recipient but do not wish to receive communications by email, please so advise the sender immediately.
XR
ON IN 2011
192 Raceway Drive
Mooresville, NC 28117
October 28, 2013
Re: Windsor Solar Project
To Whom It May Concern:
Please be advised that it is the intention of SunEnergyl, LLC ("SunEnergy") to assign its options for the
properties currently under contract for the above referenced solar project to Duke Energy Renewables
NC Solar, LLC ("Duke")or one of its wholly owned subsidiaries.
SunEnergy will construct the system and Duke will be the long term owner and lessee of the land.
Please contact me if you have any questions.
Sincerely,
Kenny Habul
President and CEO
(704)654-7075
®ECERVED
OCT 3'U2013
LAND QUALITY SECTION
WASHINGTON REGIONAL OFFICE
a
LIMITED LIABILITY COMPANY ANNUAL REPORT
NAME OF LIMITED LIABILITY COMPANY: SunEnergyl, LLC
SECRETARY OF STATE ID NUMBER: 1132010 STATE OF FORMATION: NC
REPORT FOR THE YEAR: 2017
SECTION A: REGISTERED AGENT'S INFORMATION
Use Only
E-Fled Annual Report
1132010
CA201710205298
4/1212017 03:51
Changes
1. NAME OF REGISTERED AGENT: Habul, Kenny
2. SIGNATURE OF THE NEW REGISTERED AGENT:
SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT
3. REGISTERED OFFICE STREET ADDRESS & COUNTY 4. REGISTERED OFFICE MAILING ADDRESS
192 Raceway Drive 192 Raceway Drive
Mooresville, NC 28117-6509 Iredell County Mooresville, NC 28117-6509
SECTION B: PRINCIPAL OFFICE INFORMATION
1. DESCRIPTION OF NATURE OF BUSINESS: Solar Installation
2. PRINCIPAL OFFICE PHONE NUMBER: 704-662-0376
4. PRINCIPAL OFFICE STREET ADDRESS & COUNTY
3. PRINCIPAL OFFICE EMAIL: Privacy Redaction
5. PRINCIPAL OFFICE MAILING ADDRESS
192 Raceway Drive 192 Raceway Drive
Mooresville, NC 28117-6509 Mooresville, NC 28117-6509
SECTION C: COMPANY OFFICIALS (Enter additional Company Officials in Section E.)
NAME: Kenny Habul NAME:
TITLE: Manager TITLE:
ADDRESS:
192 Raceway Drive
Mooresville, NC 28117
ADDRESS:
NAME:
TITLE:
ADDRESS:
SECTION D: CERTIFICATION OF ANNUAL REPORT Section D must be completed in its entirety by a person/business entity.
Kenny Habul 4/12/2017
SIGNATURE DATE
Form must be signed by a Company Official listed under Section C of this form.
Kenny Habul Manager
Print or Type Name of Company Official Print or Type The Tdle of the Company Official
This Annual Report has been filed electronically.
MAIL TO: Secretary of State, Corporations Division, Post Office Box 29525. Raleigh, NC 27626-0525
SOSID: 1132010
Date Filed: 1/15/2010 5:17:00 PM
Elaine F. Marshall
State of North Carolina North Carolina Secretary of State
Department of the Secretary of State C201001500194
Limited Liability Company
ARTICLES OF ORGANIZATION
Pursuant to §57C-2-20 of the General Statutes of North Carolina, the undersigned does hereby submit
those Articles of Organization for the purpose of forming a limited liability company.
1. The name of the limited liability company is: SUNENERGY 1, LLC
2. If the limited liability company is to dissolve by a specific date, the latest date on which the
limited liability company is to dissolve: (If no date for dissolution is specified, there shall be no
limit on the duration of the limited liability company.)
3. The name and address of each person executing these articles of organization is as fo:lows:
(State whether each per is executing these articles of organization in the capacity of a
member, organizer o both. Note: This document must be signed by all persons listed here).
KENNY HABUL, 1271 RIVER HIGHWAY, MOORESVILLE, NORTH CAROLINA 28117
ROY WILLIAMS, 3820 TURKEY OAK DRIVE, VALRICO, FLORIDA 33596
4. The street address and county of the initial registered office of the limited liability company is:
Number and Street 1271 RIVER HIGHWAY
City, State, Zip Code MOORESVILLE, NORTH CAROLINA 28117 County IREDELL
5. The mailing address, if different from the street address, of the initial registered office is:
6. The name of the initial registered agent is: KENNY HABUL
7. Principal office information: (Select either a or b.)
a. R✓ The limited liability company has a principal office.
The street address and county of the principal office of the limited liability company is:
Number and Sh
City, State, Zip
HIGHWAY
The mailing address, if dfferent from the street address, of the principal office of the corporation is:
b. ❑ The limited liability company does not have a principal office.
Check one of the following:
(i) Member -managed LLC: all members by virtue of their status as members skull be
managers of this limited liability company.
✓ (ii) Manager -managed LLC: except as provided by N.C.G.S. Section 57C-3-2(Ka), the
members of this limited liability company shall not be managers by virtue of their status as
members.
9. Any other provisions which the limited liability company elects to include are attached.
10. These articles will be effective upon filing, unless a date and/or time is specified:
71is is the 14 day of JANUARY 20 10
S GY 1, LC
i
Signature ORGANIZER
ROY WILLIAMS, MANAGEgjrk--nGER
Type or Print Name and Title
SUNENERGY I, LLC
Signotare NI M P E R
KENNYHABUL,MANAGER ORGANIZER
Type or Print Name and Title
(ORPORATIONS DIVISION P.O. Box 29622 RALEIGH, NC 27626-0622
(2evireJJanuary 2002) (Form 6-Ol)
.��..a..> SOSID: 1274365
Date Filed: 8/20/201211:20:00 AM
Elaine F. Marshall
State of North Carolina North Carolina Secretary of State
Department of the Secretary of State —_ _ _ _ _ _ _ _ _ _ _ .
APPLICATION FOR CERTIFICATE OF AUTHORITY
FOR LIMITED LIABILITY COMPANY
Pursuant to §57C-7-04 of the General Statutes of North Carolina, the undersigned limited liability company hereby applies for a
Certificate of Authority to transact business in the State of North Carolina, and for that purpose submits the following:
1. The name of the limited liability company is DEGS NC Solar, LLC
and if the limited liability company name is unavailable for use in the State of North Carolina, the name the limited
liability company wishes to use is
2. The state or country under whose laws the limited liability company was formed is: Delaware
3. The date of formation was 02/25/2010 ; its period of duration is: perpetual
4. Principal office information: (.Select either a or b)
a. ✓] The limited liability company has a principal office.
The street address and county of the principal office of the limited liability company is:
Number and Street 550 South Tryon Street, Mail Code: DEC/45A
City, State, Zip Code Charlotte, NC 28202 County Mecklenburg
The mailing address, if differentfrom the street address, of the principal office of the corporation is:
b. ❑ The limited liability company does not have a principal office.
5. The street address and county of the registered office in the State of North Carolina is:
Number and Street 150 Fayetteville Street, Box 1011
City, State, Zip Code Raleigh, NC 27601 County Wake
6. The mailing address, if different from the street address, of the registered office in the State of North Carolina is:
7. The name of the registered agent in the State of North Carolina is: C T Corporation System
CORPORATIONS DIVISION
(Revised January 2002)
P. 0. BOX 29622
RALEIGH, NC 27626-0622
(Form L-09)
-,a
APPLICATION FOR CERTIFICATE OF AUTHORITY
Page 2
8. The names, titles, and usual business addresses of the current managers of the limited liability company are:
(use attachment fjnecessary)
Name Business Address
Duke Energy Corporation -Sole Member 550 South Tryon Street, Charlotte, NC 28202
9. Attached is a certificate of existence (or document of similar import), duly authenticated by the secretary of state or other official
having custody of limited liability company records in the state or country of formation. The Certificate of Existence must be
less than six months old A photocopy of the certification cannot be accepted
10. If the limited liability company is required to use a fictitious name in order to transact business in this State, a copy of the
resolution of its managers adopting the fictitious name is attached.
11. This application will be effective upon filing, unless a delayed date and/or time is specified
ThistheL4 day,of August 2012
DEGS NC Solar, LLC
r jLir iced Liability Company
gnature of Manager
Richard G. Beach, Assistant Secretary
Type or Print Name
Notes:
I. Filing fee is $250. This document must be filed with the Secretary of State.
CORPORATIONS DIVISION P. 0. BOX 29622 RALEIGH, NC 27626.0622
(Revised January 2002) (Form L-09)
Defaware
PAGE 1
The First State
I, JEFFREY W_ BULLOCK, SECRETARY OF STATE OF THE STATE OF
DELAWARE' DO HEREBY CERTIFY "DEGS NC SOLAR, LLC" IS DULY FORMED
UNDER THE LAWS OF THE STATE OF DELAWARE AND IS IN GOOD STANDING
AND HAS A LEGAL EXISTENCE SO FAR AS THE RECORDS OF THIS OFFICE
SHOW, AS OF THE NINTH DAY OF AUGUST, A.D. 2012.
AND I DO HEREBY FURTHER CERTIFY THAT THE ANNUAL TAXES HAVE
BEEN PAID TO DATE.
4792695 8300
120922469
You may verify this certificate aniine
at corp.delavare.gov/authvor.shtnl
Jeffrey W. Bullock Secretary of State
AUTHEN C TION: 9770441
DATE: 08-09-12
aLIMITED LIABILITY COMPANY ANNUAL REPORT
NAME OF LIMITED LIABILITY COMPANY: Duke Energy Renewables NC Solar, LLC
SECRETARY OF STATE ID NUMBER: 1274365
REPORT FOR THE YEAR: 2017
SECTION A: REGISTERED AGENT'S INFORMATION
STATE OF FORMATION: DE
1. NAME OF REGISTERED AGENT: CT Corporation System
2. SIGNATURE OF THE NEW REGISTERED AGENT:
3. REGISTERED OFFICE STREET ADDRESS & COUNTY
160 Mine Lake Ct Ste 200
E-Filed Annual Report
1274365
CA201700600239
1161201710:44
SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT
4. REGISTERED OFFICE MAILING ADDRESS
160 Mine Lake Ct Ste 200
Raleigh, NC 27615-6417 Wake County Raleigh, NC 27615-6417
SECTION B: PRINCIPAL OFFICE INFORMATION
1. DESCRIPTION OF NATURE OF BUSINESS: Holding Company
2. PRINCIPAL OFFICE PHONE NUMBER: 704-382-8251
4. PRINCIPAL OFFICE STREET ADDRESS & COUNTY
Changes
3. PRINCIPAL OFFICE EMAIL: Privacy Redaction
5. PRINCIPAL OFFICE MAILING ADDRESS
550 South Tryon Street, DEC45A 550 South Tryon Street, DEC45A
Charlotte, NC 28202-4200 Charlotte, NC 28202-4200
SECTION C: COMPANY OFFICIALS (Enter additional Company Officials in Section E.)
NAME: Duke Energy Corporation NAME: Richard G. Beach
TITLE: Member
NAME: Stephen G. De May
TITLE: Assistant Secretary TITLE: Treasurer
ADDRESS: 550 South Tryon Street ADDRESS:
ADDRESS:
Mail Code: DEC/45A 550 South Tryon Street 550 South Tryon St.
Charlotte, NC 28202 Charlotte, NC 28202 Charlotte, NC 28202
SECTION D: CERTIFICATION OF ANNUAL REPORT Section D must be completed in its entirety by a person/business entity.
Duke Energy Corporation, by Nancy M. Wright - Asst. Secre
SIGNATURE
Form must be signed by a Company Official listed under Section C of this form.
Duke Energy Corporation, by Nancy M. Wright - Asst. Secre
Print or Type Name of Company Official
1 /6/2017
DATE
Member
Print or Type The TWO of the Company Official
MAIL TO: Secretary of State, Corporations Division, Post Office Box 29525, Raleigh, NC 27626-0525
SECTION E: ADDITIONAL COMPANY OFFICIALS
NAME: Stephen G. De May
TITLE: Senior Vice President
ADDRESS:
550 South Tryon St.
Charlotte, NC 28202
NAME: Kris C. Duffy
TITLE: Assistant Treasurer
ADDRESS:
NAME: George Dwight, II
TITLE: Assistant Secretary
ADDRESS:
550 South Tryon Street 139 East Fourth Street
Charlotte, NC 28202 Cincinnati, OH 45202
NAME:
David S. Maltz
NAME:
Thomas C. MCNay
NAME:
Robert J. Ringel
TITLE:
Secretary
TITLE:
Vice President
TITLE:
Assistant Secretary
ADDRESS:
550 South Tryon Street
Charlotte, NC 28202
ADDRESS:
ADDRESS:
315 Main Street 139 East Fourth Street
Cincinnati, OH 45202 Cincinnati, OH 45202
NAME: William E. Currens Jr. NAME: William E. Currens Jr
TITLE: Chief Financial Officer TITLE: Controller
ADDRESS:
ADDRESS:
NAME: Brian K. Stallman
TITLE: Vice President
ADDRESS:
550 South Tryon Street 550 South Tryon Street 315 Main Street
Charlotte, NC 28202 Charlotte, NC 28202 Charlotte, NC 28202
NAME: Nancy M. Wright
TITLE: Assistant Secretary
ADDRESS:
550 South Tryon Street DEC 45A
Charlotte, NC 28202
NAME: John L. Sullivan, III NAME: Robert F. Caldwell
TITLE: Assistant Treasurer
ADDRESS:
TITLE: President
ADDRESS:
550 South Tryon Street 550 South Caldwell Street
Charlotte, NC 28202 Charlotte, NC 28202
NAME:
Jeffrey W. Wehner
NAME:
Thomas Cooper Monroe III
TITLE:
Vice President
TITLE:
Vice President
ADDRESS:
550 South Caldwell Street
Charlotte, NC 28202
NAME: Janet M. Bridges
TITLE: Vice President
ADDRESS:
550 South Caldwell Street
Charlotte, NC 28202
ADDRESS:
Name: Bruce M. Peacock
TITLE: Vice President
ADDRESS:
550 South Tryon Street 550 South Caldwell Street
Charlotte, NC 28202 Charlotte, NC 28202
NAME: NAME:
TITLE:
ADDRESS:
TITLE:
ADDRESS:
BRA
NCDOW
North Carolina Department of Environment and Natural Resources
Division of Energy, Wineral, and Land Resources
Land Quality Section
Tracy E. Davis, PE, CPM Pat McCrory, Governor
Director John E. Skvarla, III, Secretary
November 1, 2013
LETTER OF APPROVAL WITH MODIFICATIONS
Duke Energy Ren McNas N Solar, LLC FILE
COPY
ATTN: Mr. Tom McKay, Vice -President
550 South Tryon Street
Charlotte, North Carolina 28202
RE: Erosion and Sedimentation Control Plan No.: Berti-2014-003
Project Name: Windsor Solar Project
Location: NC 308 County: Bertie
River Basin: Roanoke
Date Received by LQS: October 30, 2013
Acres Approved: 52.2 Project Type: New
Project Description: Grubbing and light grading for the installation of photoelectric panels.
Dear Sir:
This office has reviewed the subject erosion and sedimentation control plan. We find the plan to be
acceptable and hereby issue this Letter of Approval with Modifications. The modifications required
for approval are listed on the attached page. This plan approval shall expire three (3) years following
the date of approval, if no land -disturbing activity has been undertaken, as required by 15A NCAC
4B.0129, unless modified by other legislation.
Please be advised that 15A NCAC 4B.0118(a) requires that a copy of the approved erosion and
sedimentation control plan be on file at the job site. Also, you should consider this letter as giving the
Notice required by G.S. 113A-61. l (a) of our right of periodic inspection to ensure compliance with
the approved plan.
North Carolina's Sedimentation Pollution Control Program is performance oriented, requiring
protection of existing natural resources and adjoining properties. X following the commencement of
this project, it is determined that the erosion and sedimentation control plan is inadequate to meet the
requirements of the Sedimentation Pollution Control Act of 1973 (G.S. 113A-51 through 66), this
office may require revisions to the plan and implementation of the revisions to ensure compliance with
the Act.
Acceptance and approval of this plan is conditioned upon your compliance with Federal and State
water quality laws, regulations and rules. In addition, local city or county ordinances or rules may
also apply to this land -disturbing activity. This approval does not supersede any other permit or
approval.
Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889 • Phone: 252-946-64811 FAX: 252-975-3716
Internet ht4Y./lwww.portal.ncdencorglwebllr4and-quality
An Equal Opportunity /AffinnaNe Action Employer - W I Recycledllp^/, Post Consumer Paper
Duke Energy Renewables NC Solar, LLC
ATTN: Mr. Tom McNay, Vice -President
November 1, 2013
Page 2
Please note that this approval is based in part on the accuracy of the information provided in the
Financial Responsibility/Ownership Form, which you have submitted. You are required to file an
amended form if there is any change in the information included on the form. NOTE: Neither this
approval nor the financial responsibility/liability cited in it automatically transfer with a change in
project ownership. In addition, 15A NCAC 4B.0127(c) requires that you notify this office of the
proposed starting date for this project (using the enclosed Project Information Sheet). Please notify
us if you plan to have a preconstruction conference.
Please be aware that your project will be covered by the enclosed NPDES General Stormwater
Permit NCGO10000 (Construction Activities). You should first become familiar with all of the
requirements for compliance with the enclosed permit.
Sincerely
Patrick . McClain, PE
Regional Engineer
Enclosures
cc w/o enc: Scott D. Stone, PE, American Engineering (via e-mail)
Amy Adams, Regional Supervisor, Division of Water Resources
Erosion and Sedimentation Control Plan No.: Berti-2014-003
Project Name: Windsor Solar Project
November 1, 2013
MODIFICATIONS
Page A
AS THE DECLARED RESPONSIBLE PARTY, YOURLEGAL RESPONSIBHMYis
to understand the Act and comply with the following minimum requirements of the Act:
A. In the event of a conflict between the requirements of the Sedimentation Pollution
Control Act, the submitted plan and/or the contract specifications, the more restrictive
requirement shall prevail;
B. The land disturbing activity shall be conducted in accordance with the approved
erosion and sedimentation control plan;
C. The LATEST APPROVED erosion and sediment control plan will be used during
periodic unannounced inspections to determine compliance and a copy of the plan
must be on file at the job site. If it is determined that the implemented plan is
inadequate, this office may require the installation of additional measures and/or that
the plan be revised to comply with state law.
D. All site revisions, including those required by other local, state or federal agencies,
which affect site layout, drainage patterns, limits of disturbance and/or disturbed
acreage must be submitted to this office for approval a minimum of 15 day prior
implementing the revision;
E. Revisions exceeding the approved scope of this project without this office's prior
approval of the plan showing the changes can be considered a violation. Failure to
comply with any part of the approved plan or with any requirements of this program
could result in appropriate legal action (civil or criminal) against the financially
responsible party. Legal actions could include Stop Work Orders, the assessing of a
civil penalty of up to $5000 for the initial violation and/or a civil penalty of up to
$5000 per day for each day the site is out of compliance.
F. The CERTIFICATE OF PLAN APPROVAL must be posted at the primary
entrance to the job site and remain until the site is permanently stabilized
G. In cases of natural disaster related changes to the proposed land disturbing activity, all
appropriate actions and adequate measure installations may be performed to prevent
sediment damage, prior to submitting and receiving approval of the revised plan. A
revised plan must be submitted for approval as soon as possible, but no later than 15
days after all emergency actions have been performed;
Erosion and Sedimentation Control Plan No.: Berti-2014-003
Project Name: Windsor Solar Project
November 1, 2013
MODIFICATIONS
Page B
H. Erosion and sediment control measures or devices are to be constructed and/or
installed to safely withstand the runoff resulting from a 10 year storm event (25 year
storm event in I3igh Quality Zones). The 10 year storm event is generally equivalent
to a storm producing 6.5 - 7 inches in 24 hours or at the rate of 6.5 - 7 inches in 1
hour, depending on the location of the project within the region;
I. No earthen material is to be brought on or removed from the project site, until the off -
site borrow and/or disposal sites are identified as part of the erosion control plan. If
an off -site borrow and/or disposal site is to be utilized, submit the name and
identification number (E&SCP# or Mme Permit 9), prior to use.
A buffer zone, sufficient to restrain visible sedimentation within the 25% ofthe width
closest to the land disturbance, must be provided and maintained between the land -
disturbing activity and any adjacent property or watercourse.
K. In order to comply with the intent of the Act, the scheduling of the land -disturbing
activities is to be such that both the area of exposure and the time between the land
disturbance and the providing of a ground cover is minimized.
L. Unless a temporary, manufactured, lining material has been specified, a clean straw
mulch must be applied, at the minimum rate of 2 tons/acre, to all seeded areas. The
mulch must cover at least 75% of the seeded area after it is either tacked, with an
acceptable tacking material, or crimped in place.
M. New or affected cut or filled slopes must be at an angle that can be retained by
vegetative cover or other adequate erosion -control devices or structures appropriate,
AND must be Provided with a around cover sufficient to restrain erosion within
21 calendar days of completion of any Phase (rough or final) of grading
(ANNUAL RYE GRASS IS NOT in the APPROVED seeding specifications NOR
is it an ACCEPTABLE substitute for the providing of a temporary ground cover).
N. A permanent around cover, sufficient restrain erosion, must be provided within the
shorter of 15 working or 90 calendar days (if in a High Quality Zone, the shorter of
15 working or 60 calendar days) after completion of construction or development on
any portion of the tract (ANNUAL RYE GRASS IS NOT in the APPROVED
seeding specifications NOR is it an ACCEPTABLE substitute for the providing of a
nurse cover for the permanent grass cover).
Erosion and Sedimentation Control Plan No.: Berti-2014-003
Project Name: Windsor Solar Project
November 1, 2013
MODIFICATIONS
Page C
O. All sediment and erosion control details for this project must conform to the standards
as shown in the current Erosion & Sediment Control Planning and Design Manual;
These details must be utilized for construction and incorporated in the plan. The
Design Manual maybe found on-line at: http://portal ncdenr or web/lr/publications
2. Adequate and appropriate measures must be properly installed downstream, within the limits
of disturbance, of any land disturbing activity to prevent sediment from leaving the limits of
disturbance, entering existing drainage systems, impacting an on -site natural watercourse or
adjoining property.
3. As discussed at the pre -application meeting on October 29, revised plan sheets C 3.1 and C
4.1 showing no installation of"panels" north of the lease line on Tract "B" must be submitted
prior to developing this tract.
fntrgy, aMinerat &
6aad.Resources
EWRONMENTALOUhLRY.
May 19, 2017
LETTER OF APPROVAL WITH GUIDELINES
ROY COOPER
s�r
MICHAEL S. REGAN
9er rvry
TRACY DAVIS
,uem'Or
Duke Energy Renewables NC Solar, LLC
ATTN: Mr. Tom McNay, Vice President
550 South Tryon Street
Charlotte, North Carolina 28202
06
RE: Erosion and Sedimentation Control Plan No.: Berti-2014-*
Project Name: Windsor Solar Project
Location: NC 308 County: Bettie
River Basin: Roanoke
Date Received by LQS: May 10, 2017
Acres Approved: Additional 8 Project Type: Revised
Project Description: Revised grading plan for additional clearing (tree cutting only no
grubbing) associated with the construction of a solar farm.
Dear Sir:
This office has reviewed the subject erosion and sedimentation control plan. We find the plan to
be acceptable and hereby issue.this Letter of Approval. (NOTE: Attached is a list of guidelines
and statutory requirements for conducting land disturbance activities) This plan approval shall
expire three (3) years following the date of approval, if no land -disturbing activity has been
undertaken, as required by 15A NCAC 4B.0129, unless modified by other legislation.
Please be advised that 15A NCAC 4B.0118(a) requires that a copy of the approved erosion and
sedimentation control plan be on file at the job site. Also, you should consider this letter as
giving the Notice required by G.S. 113A-61.1(a) of our right of periodic inspection to ensure
compliance with the approved plan.
North Carolina's Sedimentation Pollution Control Program is performance oriented, requiring
protection of existing natural resources and adjoining properties through the use of reasonable
and appropriate Best Management Practices throughout the course of the project. If, following
the commencement of this project, it is determined that the erosion and sedimentation control
plan is inadequate to meet the requirements of the Sedimentation.Pollution Control Act of 1973
(G.S. 113A-51 through 66), this office may require revisions to the plan and implementation of
the revisions to ensure compliance with the Act.
Acceptance and approval of this plan is conditioned upon your compliance with Federal and
State water quality laws, regulations and rules. In addition, local city or county ordinances or
Nothing Compares_
State of NorthCarofala I En,*entaf Qvaltty I Lna qy, ALneral and Land Resources
Washington Regional O€flce 1 943 Washington Square Mall I Washington, NC 2M9
2521466491
Duke Energy Renewables NC Solar, LLC
ATTN: Mr. Tom McNay, Vice President
May 19, 2017
Page 2
rules may also apply to this land -disturbing activity. This approval does not supersede any other
permit or approval.
Please note that this approval is based in part on the accuracy of the information provided in the
Financial Responsibility/Ownership Form, which you have submitted. You are required to file
an amended form if there is any change in the information included on the form. NOTE:
Neither this approval nor the financial responsibility/liability cited in it automatically transfer
with a change in project ownership. In addition, 15A NCAC 413.0127(c) requires that you notify
this office of the proposed starting date for this project (using the enclosed Project Information
Sheet). Please notify us if you plan to have a preconstruction conference.
Please be advised that all land -disturbing activities affecting 1 or more acres are required to have
a (Federal) NPDES permit. The original letter of approval was accompanied by the Construction
Activities General NPDES Permit - NCGO10000 for this project. The responsibility for
understanding and complying with this permit rests with you, the financially responsible party.
Sincerely,
f
t< J
Richard Peed, CPESC
Regional Engineering Associate
Enclosures
cc w/o enc: WaRO Surface Water Operation Section Supervisor, Division of Water Resources
Erosion and Sedimentation Control Plan No. Berti-2014-003
Project Name: Windsor Solar Project
May 19, 2017
Guidelines and Statutory Requirements
Page 1
1. AS THE DECLARED RESPONSIBLE PARTY, YOUR LEGAL
RESPONSIBILITY is to understand the Act and comply with the following minimum
requirements of the Act:
A. In the event of a conflict between the requirements of the Sedimentation Pollution
Control Act, the submitted plan and/or the contract specifications, the more
restrictive requirement shall prevail;
B. The land -disturbing activity shall be conducted in accordance with the approved
erosion and sedimentation control plan;
C. The LATEST APPROVED erosion and sediment control plan will be used
during periodic unannounced inspections to determine compliance and a copy of
the plan must be on file at the job site. If it is determined that the implemented
plan is inadequate, this office may require the installation of additional measures
and/or that the plan be revised to comply with state law;
D. All revisions, including those required by other local, state or federal agencies,
which affect site layout, drainage patterns, limits of disturbance and/or disturbed
acreage must be submitted to this office for approval a minimum of 15 days prior
to the start of construction;
E. Revisions exceeding the approved scope of this project without prior approval of
the plan showing the changes can be considered a violation. Failure to comply
with any part of the approved plan or with any requirements of this program could
result in appropriate legal action (civil or criminal) against the financially
responsible party. Legal actions include Stop Work Orders and the assessing of a
civil penalty of up to $5000 for the initial violation plus an additional penalty of
up to $5000 per day for each day the site is out of compliance;
F. The CERTIFICATE OF PLAN APPROVAL must be posted at the primary
entrance to the job site and remain until the site is permanently stabilized;
G. In cases of natural disaster related changes to the proposed land disturbing
activity, all appropriate actions and adequate measure installations may be
performed to prevent sediment damage, prior to submitting and receiving
approval of the revised plan. A revised plan must be submitted for approval as
soon as possible, but no later than 15 days after all emergency actions have been
performed;
Erosion and Sedimentation Control Plan No. Berti-2014-003
Project Name: Windsor Solar Project
May 19, 2017
Guidelines and Statutory Requirements
Page 2
H. Erosion and sediment control measures or devices are to be constructed and/or
installed to safely withstand the runoff resulting from a 10 year storm event (25
year storm event in High Quality Zones). The 10 year storm event is generally
equivalent to a storm producing 6.5 - 7 inches of rain in 24 hours or at the rate of
6.5 - 7 inches of rain in 1 hour, depending on the location of the project within the
region;
I. No earthen material is to be brought on or removed from the project site, until the
off -site borrow and/or disposal sites are identified as part of the erosion control
plan. If an off -site borrow and/or disposal site is to be utilized, prior to the start of
construction submit the name and identification number (E&SCP # or Mine
Permit #) using the enclosed Project Information Sheet;
J. Buffer zone, sufficient to restrain visible sedimentation within the 25% of the
width closest to the land disturbance, must be provided and maintained between
the land -disturbing activity and any adjacent property or watercourse;
K. In order to comply with the intent of the Act, the scheduling of the land -disturbing
activities is to be such that both the area of exposure and the time between the
land disturbance and the providing of a ground cover is minimized;
L. Unless a temporary, manufactured, lining material has been specified, a clean
straw mulch must be applied, at the minimum rate of 2 tons/acre, to all seeded
areas. The mulch must cover at least 75% of the seeded area after it is either
tacked, with an acceptable tacking material, or crimped in place;
M. New or affected cut or filled slopes must be at an angle that can be retained by
vegetative cover, AND must be provided with a ground cover sufficient to
restrain erosion within 21 calendar days of completion of any phase (rough or
fmall of grading (ANNUAL RYE GRASS IS NOT in the APPROVED seeding
specifications NOR is it an ACCEPTABLE substitute for the providing of a
temporary ground cover);
N. A permanent ground cover, sufficient restrain erosion, must be provided
within the shorter of 15 working or 90 calendar days (if in a High Quality Zone, the
shorter of 15 working or 60 calendar days) after completion of construction or
development on any portion of the tract (ANNUAL RYE GRASS IS NOT in the
APPROVED seeding specifications NOR is it an ACCEPTABLE substitute for
the providing of a nurse cover for the permanent grass cover);
Erosion and Sedimentation Control Plan No. Berti-2014-003
Project Name: Windsor Solar Project
May 19, 2017
Guidelines and Statutory Requirements
Page 3
O. All sediment and erosion control details for this project must conform to the
standards as shown in the current Erosion & Sediment Control Planning and
Design Manual; these details must be utilized for construction and incorporated in
the plan. The manual can be found online at
httn://portal.nedenr.org/webik/publications
2. Adequate and appropriate measures must be properly installed downstream, within the
limits of disturbance, of any land disturbing activity to prevent sediment from leaving the
limits of disturbance, entering existing drainage systems, impacting an on -site natural
watercourse or adjoining property.
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FINANCIAL RESPONSIBILITY/OWNERSHIP FORM
SEDIMENTATION POLLUTION CONTROL ACT
EXPRESS PERMITTING OPTION 0801201117
No person may initiate any land -disturbing activity on one or more acres as covered by the Act before this
form and an acceptable erosion and sedimentation control plan have been completed and approved by the
Land Quality Section, N.C. Department of Environment and Natural Resources. (Please type or print and, if
the question is not applicable or the e-mail and/or fax information unavailable, place N/A in the blank.)
Part A.
1. Project Name Windsor Solar Project
2. Location of land -disturbing activity: County Bertie City or Township Windsor
Highway/Street Off 214 Cooper Hill Rd -(NC 308) Latitude 35° 5T 56.21" Longitude 760 54' 41.50"
3. Approximate date land -disturbing activity will commence: 11/4/13
4. Purpose of development (residential, commercial, industrial, institutional, etc.): utility
5. Total acreage disturbed or uncovered (including off -site borrow and waste areas): 52.18
6. Amount of fee enclosed: $3 445 + $2 000 = $5,445 . The Express Permitting application fee is a dual
charge. The normal fee of $65.00 per acre is assessed without a ceiling amount. In addition, the
Express Permitting supplement is $250.00 per acre up to eight acres, after which the Express
Permitting supplemental fee is a fixed $2,000.00 (Example: 9 acres total is $2,585). NOTE: Both fees
are rounded up to the next whole acre and need to be paid by separate checks to NCDENR.
7. Has an erosion and sediment control plan been filed? Yes X No Enclosed X
8. Person to contact should erosion and sediment control issues arise during land -disturbing activity:
Name Steve Rutledoe E-mail Address R Rutledge a@—duke-enerov.com
Telephone 980-373-6962 Cell # 704-517-6891 Fax #
9. Landowner(s) of Record (attach accompanied page to list additional owners):
Bertie County - Town of Windsor
Name Telephone
Fax Number
PO Box 530
Current Mailing Address Current Street AddrestD) ' - U
Windsor NC 27983 OCT 3 u 2013
City State Zip City Stat�eNDOUALITSECTION Zip
l
WASHhiGSON REGIONAL OFFICE
10. Deed Book No. 815 Page No. 288 Provide a copy o1 the most current deed.
Part B.
1. Person(s) or firm(s) who are financially responsible for the land -disturbing activity (Provide a
comprehensive list of all responsible parties on an attached sheet):
Duke Energy Renewables NC Solar LLC Tom McNay0duke-eneray.com
Name E-mail Address
550 S. Tryon Street 139 E Fourth Street
Current Mailing Address Current Street Address
Charlotte NC 28202 Cincinnati OH 45202
City State Zip City State Zip
Telephone 513-287-2029 Fax Number 513-629-5512
2. (a) If the Financially Responsible Party is not a resident of North Carolina, give name and street address
Of the designated North Carolina Agent:
Name
Current Mailing Address
City State Zip
Telephone
E-mail Address
Current Street Address
Fax Number
State Zip
(b) If the Financially Responsible Party is a Partnership or other person engaging in business under an
assumed name, attach a copy of the Certificate of Assumed Name. If the Financially Responsible
Party is a Corporation, give name and street address of the Registered Agent:
Name of Registered Agent
Current Mailing Address
City State Zip
Telephone
E-mail Address
Curre r t d s
_ OCT 3 8 2013
City State Zip
LAND QUALITY SECTION
Fax NunV1 1NGTON REGIONAL OFFICE
(c) In order to facilitate Express Permitting, it is necessary to be able to contact the Engineer or other
consultant who can assist in providing any necessary information regarding the plan and its preparation:
Engineering Firm or other consultant E-mail Address
Individual contact person (type or print) Telephone
Fax Number
The above information is true and correct to the best of my knowledge and belief and was provided by me
under oath (This form must be signed by the Financially Responsible Person if an individual or his attorney -in -
fact, or if not an individual, by an officer, director, partner, or registered agent with the authority to execute
instruments for the. Financially Responsible Person). I agree to provide corrected information should there be
any change in the information provided herein.
o� 0. ti ie d.r. JL_
Type or print name �/� Title orAuthority �� rr
_ C_ -/ "� io/Z%t l?
Signature Date
I, -- �=ky , a Notary Public of the County of
State of North Carolina, hereby certify that LE{BN/Ae, C, /� itls4y appeared personally
before me this day and being duly sworn acknowledged that the above form was executed by him.
Witness my hand and notarial seal, this day of
Seal x0tary
My commission expires__4&a/24'r 8
North Carolina Department of Environment and Natural Resources
Land Quality Section: 943 Washington Square Mall, Washington, NC 27889, (252) 946-6481
county: Bertie Project. Windsor Solar Project River basin:
Person financially responsible: Duke Energy Renewables NC
Address:
Case #
1. Project location: NC 308 Pictures: No: ® Yes: ❑ Video: ❑ Digital: ❑
2. Weather and soil conditions: Cool, Sunny, Wet First inspection: Yes: ® No: ❑
3. Is site currently under notice of violation? Yes: ❑ No:
4. Is the site in compliance with S.P.C.A. and rules? Yes: ® No: ❑
❑ a. No approved plan, G.S. 1I3A-57 (4) and 15A N.C.A.0 4B.0107(c)
❑ b. Failure to follow approved plan, G.S. 113A-57(5)
❑ c. Failure to submit revised plan, G.S. 113A-54.1(b) and
15AN.C.A.C. 4B.0I 18(a)
❑ d. Failure to provide adequate groundcover, G.S. 113A-57(3) and
15A N.C.A.C. 4B.0107(b) or 15A N.C.A.C. 4B.0124(e)
❑ e. Insufficient measures to retain sediment on site, G.S. 113A-57(3)
❑ f. Failure to take all reasonable measures, 15A N.C.A.C. 413.0105
Project #: 2014-013
If no, check violations below:
❑g. Inadequate buffer zone, G.S. 113A-57(I)
❑ h. Graded slopes and fills too steep,
G.S. 113A-57(2) or 15AN.C.A.C. 4B.0124(d)
❑ I. Unprotected exposed slopes, G.S. 113A-57(2)
❑ j. Failure to maintain measures, 15A N.C.A.C. 4B.0113
❑ k. Failure to self -inspect G.S. 113A-54.Ile) and
15A N.C.A.C. 413.0131
❑l. Other (describe)
5. Is the site in compliance with NPDES Permit NCG 010000? Yes: ❑ No: ❑ Not applicable: ❑ If no, check violations below:
❑ in. Failure to manage construction site pollutants, ❑ r. Failure to have approved plan and NPDES
NCG 010000 Sec. II, B.1
❑ n. Failure to provide ground stabilization, NCG 010000 Sec. II, B.2
❑ o. Failure to maintain rain gauge or record daily rainfall
NCG 010000 Sec. 11, 13.3(a,b)
❑ p. Failure to meet self -inspection and reporting requirements,
NCG 010000 Sec. II, B.3(c-i)
❑ q. Failure to dewater sediment basin from surface,
permit on site, NCG 010000 Sec. III, 3(d)
❑ s. Failure to install and maintain BNT's,
NCG 010000 Sec. III, 4
❑ t. Failure to operate and maintain control
measures, NCG 010000 Sec. IV, I
❑ u. Bypass of stormwater control facilities,
NCG 010000, Sec. IV, 3
NCG 010000 Sec. 1I, B.4 ❑ v. Other (describe)
6. Has sedimentation damage occurred since last inspection or at I" inspection? Yes: ❑ If yes, where? (check all that apply) No:
Lake/natural watercourse on the tract: ❑ Lake/natural watercourse off the tract: ❑ Other property: ❑
Description:
Stormwater Discharge Outfall with sediment loss:
Degree of damage: slight: ❑ moderate : ❑ severe : ❑
7. Contact made with (name): Duey Johnson Title: Duke Energy EHS MG�R���
Inspection report given:❑ or sent: ❑ to person financially responsible. Date given/sent: !', E— y,¢ -4.
8. Comments: Suggested using coir waddles in areas of hioh n,nnff
places where additional measures had been provided to "check" flow. Overall site in good order
considering the rainfall this year.
❑ Permanent ground cover sufficient to restrain erosion has been established No additional self monitoring or self inspections are
required. Project is released and coverage under NPDES General Stormwater Permit for Construction Activities is terminated
❑ See page 2 for Corrective ti
Report by: Pat MCClaln Others present: Ken Habul. Steve.Rutledge Andy,
Date of inspection: 8/29/14 Time arriving on site: gam Time leaving site: 10:30a
cc:
Page 1 of 1
Revision Date 09272013
611
Land Quality Section: 943 Washington Square Mall Washington, AM 2788g, Phone: 252-946-6481
COUNTY: Berne PROJECT: WINDSOR SOLAR PROJECT RIVER BASIN: ROANOKE
PERSON FINANCIALLY RESPONSIBLE: Mr. Tom McNay, Duke Energy Renewables NC PROJECT # BERTI-2014-003
ADDRESS: 560 SOUTH TRYON ST
28202
1. PROJECT LOCATION: NC 308-EAST WINDSOR NC
Pictures: YES Video: Digital: X
2. Weather and Soil Conditions:
CASE #
First Inspection:NO
3. Is site currently under Notice of Violation? NO
4. Is the site in compliance with S.P.C.A. and rules? NO
5. Violations:
b. Failure to follow approved plan - G.S. 113A-57(5)and Failure to implement the erosion and sedimentation control
plan, NCG 010000 Section III. 3) (a)
d. Failure to provide adequate groundcover - Failure to provide adequate groundcover, G.S. 113A-57(3) and 15A N.C.
A.C. 4B.0107(b) or 15A N.C.A.C. 4B.0124(e)
j. Failure to maintain measures - 15A N.C.A.C. 413.0113
6. Is the site in compliance with NPDES Permit NCG 010000?: NO
o. Failure to maintain a rain gauge or record daily rainfall NCG 010000 Section II. B. (3)(a-b)
p. Failure to meet self inspection and reporting requirements NCG 010000 Section II. B: 3)(c-i)
7. Has Sedimentation Damage occurred since last inpections? NO
Lake/natural watercourse on the tract: NO
Description:
Degree of Damage:
Lake/natural watercourse off the tract: NO Other Property: NO
Stormwater Discharge Outfall with high turbidity or sedimentation loss:
8. Contact Made with (name): NO ONE ON SITE
(
Title: )
Inspection Report: SENT TO PERSON FINANCIALLY RESPONSIBLE Date Given/Sent: JAN 18, 2017
9. Corrective Actions Needed:
Provide adequate permanent ground cover on all areas where development has been completed according to the time
limits in the approved plan, including the following areas: tract B along the southwestern area inside the fence and on the
roadway area.
Maintain all sedimentation and erosion control measures as specified in the approved plan and as required to prevent
sedimentation damage including the following: end of ditch tract A northwest corner. tract B at and near the culvert
installations and at the southern most corner around the drainage swale
Maintain a rain gauge in good working order and record daily rainfall amounts
Inspect all erosion and sedimentation control measures and storm discharge outfalls at least weekly and within 24 hours
of a rainfall event of 1/2 inch or greater and complete self -inspection reports
Report By: Gary Novak
Others Present: NONE
Date of Inspection: JAN 12, 2017 Time Arriving on Site: 10:OOAM
cc;
Time Leaving Site: 11:20AM
Revision Date 10/16/2015 Page 1 of 2
10.
V
Revision Date 10/16/2015 Page 2 of 2
Land Quality Section: 943 Washington Square Mall Washington, NC 27889, Phone: 252-946-6481
COUNTY: Berne PROJECT: WINDSOR SOLAR PROJECT RIVER BASIN: ROANOKE
PERSON FINANCIALLY RESPONSIBLE: gMr. To�m�MCcNay, Duke Energy Renewables NC PROJECT # BERTI-2014-003
ADDRESS: 550 SOUTH TRYON ST CHAAWWE RC 28202 CASE #
I. PROJECT LOCATION: NC 308-EAST WINDSOR NC
Pictures: YES Video: Digital: X
2. Weather and Soil Conditions: CLOUDY WARM WET IN PLACES First Inspection NO
3. Is site currently under Notice of Violation? NO
4. Is the site in compliance with S.P.C.A. and rules? YES
5. Violations:
6. Is the site in compliance with NPDES Permit NCG 010000?: YES
7. Has Sedimentation Damage occurred since last inpections? NO
Lake/natural watercourse on the tract: NO Lake/natural watercourse off the tract: NO Other Property: NO
Description:
Degree of Damage:
Stormwater Discharge Outfall with high turbidity or sedimentation loss:
8.
Contact Made with (name): JIM BARFIELD, DUKE ENERGY; KEITH LLOYD, KELLY HTitle:
Inspection Report: SENT TO PERSON FINANCIALLY RESPONSIBLE Date Given/Sent: APR
9. Corrective Actions Needed:
10.
Report By: Gary Novak Others Present: SEE
Date of Inspection: APR 05, 2017 Time Arriving on Site: 1:0013M
cc;
2017
;NONE
Time Leaving Site: 2:30PM
mewsion uate lun B/zu15
Page i of 1
Scarbraugh, Anthony RECEIVED/NCDENR/DWR
From:
Tankard, Robert
Sent:
Wednesday, April 19, 2017 7:24 AM APR 13 2017
To:
Scarbraugh, Anthony; Sullivan, Shelton
Subject:
ww
FW: Windsor Solar NOV of Sedimentation Pollution Cont ef¢r94�itY�P_ei7l V
Attachments:
DER_Windsor Reply to DEMLR NOV Response Review WRlNA0Q 41W$ 9►Y
Attachment A - Landowner Approvals.pdf; 08086A-3a Windsor Solar -Overall
2017-04-05 s.pdf, 08086A-3a Windsor Solar -Tract A 2017-04-05 s.pdf; 08086A-3a
Windsor Solar -Tract B 2017-04-05 s.pdf
FYI
From: McNay, Tom (mailto:Tom.McNay@duke-energy.com]
Sent: Thursday, April 13, 2017 11:45 AM
To: Dumpor, Samir <samir.dumpor@ncdenr.gov>
Cc: Peed, Richard <richard.peed@ncdenr.gov>; Kyle.W.Barnes@usace.army.mil; Tankard, Robert
<robert.tankard@ncdenr.gov>; Hayes, Tim <Tim.Hayes@duke-energy.com>; Barfield, Jim L <Jim.Barfield@duke-
energy.com>
Subject: Windsor Solar NOV of Sedimentation Pollution Control Act Follow Up
Mr. Dumpor,
Please find attached a follow up regarding the NOV and our conversation on March 29. A hard copy should have been
received by your office today. Please let us know if any questions or concerns.
Thank you,
Tom McNay
Thomas McNay
General Manager, Engineering
DUKE
*'ENERGY.
RENEWABLE5
Office: (513) 287-2029
Mobile: (513) 509-1514
(� DUKE
ENERGY®
RENEWABLES
April 12, 2017
Samir Dumpor, PE
Regional Engineer
Land Quality Section
Division of Energy, Mineral & Land Resources
Environmental Quality
943 Washington Square Mall
Washington, North Carolina 27889
I um MCNa%
Bice President
Duke Lnergr Renewable; NC. Solar, I.LC
139 1— I uurlh St. I M32
Cincinnati, n11 4S202
Re: Notice of Violation of Sedimentation Pollution Control Act
and General Permit — NCG 010000
Windsor Solar Project
Project ID: Bertie-2014-003
Bertie County
Dear Mr. Dumpor:
This letter serves as a follow up to our telephone conversation of March 29, 2017
between Mr. Richard Peed, you and me concerning Duke Energy Renewables NC Solar,
LLC's ("DER") response to the noted NOV related to the Sedimentation Pollution Control Act
and the construction stormwater general permit -- NCGO10000 for the Windsor Solar Project.
During our discussion you requested a number of revisions and additional information related
to our original submittal. The following are in response to your requests:
1. The Forested Tracts. In our original response, DER stated our position that
while the timber removal activities may have been conducted for the benefit of the solar
facility, `land disturbing activities" as defined by the SPCA did not occur on the Forested
Tracts. We understand your interpretation of this activity based upon our recent conversation.
While we maintain our position that this timber removal work should not be considered a
"land disturbing activity", we are complying with your request to provide an expansion of the
original project site plan to include the Forested Tracts where trees were removed. Please find
enclosed the following:
a. A check for the amount of $ 520.00 to cover the application fee for
plan reviews of the expanded site. The additional Forested Tracts add
to approximately 7.56 acres. Rounding to the higher number of 8 acres
x $ 65/acre fee = $ 520.00
b. Landowner letters and email correspondence submitted as evidence of
approvals and knowledge of the timbering activity performed on their
land. There were five tracts of land located on four separate parcels of
land. Each parcel has separate land owners. Attachment A includes
the correspondence with these land owners. The work is now
complete on these tracts of land.
2. E&SC Plan Revisions DER previously submitted a revised set of Erosion and
Sediment Control plan drawings that showed the Forested Tracts, as well as current erosion
control and best management practice measures that are now in place to stabilize the site.
During our recent call we discussed several areas where the plans could be improved to better
show the current conditions and applied measures. Enclosed are three (3) copies of anew
revision to these plans to include the following changes:
a. The potential "wetland" area that was defined in the original E&SC
plans is shown in Tract B and noted as an area still being evaluated.
b. The Forested Tracts that were shown only on the first sheet of the
overall plan in the last revision are now shown on all three sheets
comprising the E&SC plan.
c. All matting and other BMP measures that have been installed on the
site are now shown on the drawings to be as complete as practical and
to show the extensive work that has now been performed to stabilize
the site.
d. In addition to the BMP measures, grass seed has also been sown in the
areas outside of the potential "wetland" area to stabilize the site. In
our discussion it was suggested that we might also include a history of
the work that has been done previously in an attempt to establish
vegetation growth at the site. The following is a historical timeline of
those efforts as provided by our EPC Contractor Sunenergyl, LLC (SE1):
• Spring 2014 — SE1 seeded the site and fertilized with rate of 10-
10-10: 300 Ibs / acre. Lime application was not performed
• Fall 2014—SEI's contractor, JED landscaping, applied lime at
the rate of 1000lbs/acre
• Spring 2015 —JED landscaping reseeded area
• Fall 2015 —JED Landscaping applied lime at the rate of 1000
Ibs/acre
• Spring 2016 — JED landscaping reseeded area
• Spring 2017, 2/16-2/24/17 & 3/21/17: SE1 applied lime at the
rate of 600 Ibs/acre, reseeded, installed straw mulch, and
repaired and installed additional erosion control measures,
including silt fences, check dams, and geotextile fabric.
3. Site Insnection — As you had indicated, a Site Inspection was conducted by Mr.
Gary Novak from your office on April 5, 2017. Mr. Novak was met and accompanied by
representatives from both DER and SEl. The Site was walked and inspected to review the
measures that have been put into place, as well as to note any additional areas which may need
attention. Personnel were available to address any areas in need of further attention. This
work was performed immediately and pictures were emailed later to Mr. Novak to verify its
completion. Our representatives believed that Mr. Novak was satisfied with the work that has
been conducted and the progress at the Site in accordance with the E&SC plan. In addition,
the storage of Self Inspection reports and rain gauge logs were reviewed onsite. DER has
installed a weather station onsite that transmits data such as rainfall to a webserver. This was
done to facilitate the needs for monitoring Sites such as Windsor Solar where there are not
regularly personnel at the Sites on a daily basis.
We hope that our actions continue to show that DER and Windsor Cooper Hill Solar,
LLC have taken this matter seriously, worked to address the Division's concerns, acted
quickly to respond to and correct concerns and implemented actions to prevent a recurrence of
the alleged violations. Accordingly, DER respectfully reiterates our requests that no civil
penalties be directed to DER/WCHS in connection with the Notice.
Sincerely,
Tom McNay
Vice President
Enclosures: - Application Check to NCDENR for $ 520
- Attachment A — Land Owner Approvals / Notices
- E&SC Plan Revisions — Three (3) Sets for Review
Cc: Tim Hayes — Environmental Director, Duke Energy Renewables (EMAIL)
Richard Peed — NCDEQ DEMLR (EMAIL)
James Barfield, Manager, EHS Field Support (EMAIL)
Kenny Habul, President, SunEnergyl, LLC (EMAIL)
Kyle Barnes — US ACOE - Washington Office (EMAIL)
Robert Tankard, NCDWR (EMAIL)
ATTACHMENT A
Landowner Approvals / Correspondence
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PAT MCCRORY
Governor
KATHRYNJOHNSTON
Secretary
State Property Offlce
ADMINISTRATION
September 14, 2016
Bryan Stempowski
SunEnergy 1, LLC
6750 NC Highway 30 East
Bethel, NC 27812
Re: Right of Entry — Bertie Correctional Institution, 218 Cooper HIII Road, Windsor
Bertie County
Dear Mr. Stempowski:
Please consider this letter authorization for SunEnergy 1, LLC to go upon the above -referenced State
lands allocated to the Department of Public Safety, for the purpose of timber removal on 0.5894 acres, as
depicted by the attached exhibit. By acceptance of this right of entry, SunEnergy 1, LLC indemnifies and holds
harmless the State of North Carolina for injury, loss or damage arising out of the actions of SunEnergy 1, LLC
its agents or invitees on the premises,
This right of entry is being granted in the interest of time and is subject to all necessary Federal, State
and local permits.
In the interim, please advise if we can be of further assistance.
TW:em
Enclosure
Sincerely,
i a_ gh,64--
Tim Walton
Director
Nothing Compares;
State of North Carolina I Administration I State Property Office
1321 Mail Service Center 1116 W. Jones Street I Raleigh, NC 27699-1321
tt17w.f�Yncspo.org19198074650 T19197331431 F
S;4 2
From: "Bryan.Stempowski"
Date: Wednesday, October 5, 2016 at 9:45 AM
To: "billCd)pnuts.net"
Cc: Joel Sossamon
Subject: FW: SunEnergyl timber evaluation of Windsor property
Good Morning Mr. Powell,
I just wanted to update the status of the timber removal project at your property adjacent to the Windsor,
NC Solar Plant. We have completed the work on your property per our agreement. Fortunately, we we're
able to remove most of the felled timber rather than leaving it on site as originally agreed. This of course
leaves your property in a better esthetic and usable condition (rather than felled timber strewn about). The
temporary safety fence will be replaced with permanent fence over the next two business days.
Thanks again to you and your family for allowing SunEnergyl to resolve our tree shading performance issues
This work will prompt a final performance test for Duke and Dominion Power and the Town of Windsor.
Have a great week!
Regards,
SUNi- C-JEFRGYI
i r . It wt •a ram. e.,a
Bryan Stempowski I Asst. Director of Field Operations I
Corporate: (704) 662-0375 ext.104 1 F:(704) 360 4982 1 M:(984) 215-8060
Bethel Office: (252) 825-1731 1 F:(252) 825-0018
6750 NC Highway 30 East
Bethel, NC 27812
From: "Bryan.Stempowski"
Date: Thursday, September 15, 2016 at 2:16 PM
To: Bill Powell
Subject: FW: SunEnergyl timber evaluation of Windsor property
Good Afternoon Mr. Powell,
SunEnergyl has received all of the adjacent land owners approval to resolve our tree shading issues at the
Windsor Solar Facility. The NCDPS gave us their permission yesterday. We have contracted with a regional
timber company to remove the agreed areas. They are mobilizing today and commencing work tomorrow;
Friday at the rear solar field West side property. We expect to get to your property within several days. I have
arranged for seven fence panels to be removed at the North Solar Array field which allows the access we
need to fell the timber on your property per our agreement. Temporary fence will be installed as we
complete the work each day. Once the project is complete the permanent fence will be reinstalled.
Thanks again for your support and assistance in helping SunEnergyl to resolve the shading performance
issues for Duke/Dominion Power and the Town of Windsor.
.-
SLJIdENEF?C Y1
l 6�OtRp' PI �[Y-W lL ei<.I i� Cilf#i
permanent
Bryan Stempowski )Asst. Director of Field Operations)
Corporate: (704) 662-0375 ezt.104 ) F:(704) 360.4982 ) M:(984) 215-8060
Bethel Office: (252) 825-17311 F:(252) 825-0018
6750 NC Highway 30 East
Bethel, NC 27812
s; 4 4/
From: "Bryan.Stempowski"
Date: Friday, September 16, 2016 at 10:29 AM
To: Dykeman Bally
Cc: Jerry Leonard, Tim Lewis, Terry Leonard, John Burnett
Subject: Re: Windsor property
Gentlemen,
Good Morningl 1 assume each'of you have received payments this week for the value of trees at your
property in Windsor, NC.
Thanks again to each of you allowing SunEnergyl to remove the 100' swath of trees adjacent to our solar site
in Windsor. The logging company: Coastal Plain Timber Co. has mobilized this morning and may start work
today; weather pending. The owner's name is Hugh Kennedy. Eddie Vanderford has marked the agreed area
to be removed. They are fully aware of the hunting stands and other equipment and will protect them. They
are also aware of the taped trees that are to be protected; unless as agreed, cast shadows towards the solar
panels and will also be removed.
The State of NC has granted written permission to utilize the roadway around Bertie Correctional to Cooper
Hill Rd. Bert!e Correctional's Superintendent and the Manager of the Town of Windsor have also been
notified of our entire maintenance operation.
Thanks again for your assistance in helping to resolve the non-performance issues for Duke/ Dominion Power
and the Town of Windsor. Have a great day!
Regards,
SUN E=INERGYI
<<xunn wtrn. cca Nr"
Bryan Stempowski I Asst. Director of Field Operationsl
Corporate: (704) 662-0375 ext.104 1 F:(704) 360-4982 1 M:(984) 215-8060
Bethel Office: (252) 825-1731 I F:(252) 825-0018
6750 NC Highway 30 East
Bethel, NC 27812
From: Dykeman Bally
Date: Friday, September 9, 2016 at 8:28 AM
To: "Bryan.Stempowski"
Cc: Jerry Leonard, Tim Lewis, Terry Leonard, John Burnett
Subject: RE: Windsor property
On behalf of ALL of the property owners of the "Windsor Property", I hereby grant permission to cut and
remove the trees as outlined in the proposal identified as Windsor Tract B-2[2]. Our understanding is a
"strip" 100 feet deep and following the road adjacent to the Solar Farm SE1 Solar Plant will be removed
due to shading Issues. The map Identifying the area as well as the agreed price is attached. Payment is
to be paid in five (5) individual checks to each property owner. The checks should be made out as
follows:
Jerry D. Leonard
Terry G. Leonard
Dykeman W. Bally, IV
Timothy P. Lewis
John Burnett
Sincerely,
Dykeman Baily
Assistant Chief/Fire Marshal
Morehead City Fire Department
252-726-5040, ext 4
252-240-0480 fax
Wildlife Resources Commission
`"""' Game Land Access Permit
North Carolina Wlldllfe Resources Commission
Land and Water Access Section
Tele: (919) 707.0150 1720 Mail Service Center
FAX: (919)707-0162 Raleigh, NC 27699-1720
SunEnergyl
C/O Bryan Stempowski,
Assistant Director of Field Operations
6570 NC Hwy 30 East
Bethel, NC 27812
Office: (252) 825-1731 Cell: (984) 215-8060
Email: bryan.stemnowskiOsuneneravl.com
CONDITIONS AND AUTHORIZATIONS:
So li
AUTHORITY
STATUTES
GS 113-129(ld)
RULES
ISA NCAC 10D
EFFECTIVE I EXPIRES
07/06/2016 08/31/2016
COUNTY I DISTRICT
Bertie 1
The above named permittee and employees, contractors, and/or others acting on behalf of SunEnergyl are
authorized to enter Bertie County Game Land in Bertie County for the purpose of removing no more than 52
trees from along approximately 1,000 feet of game land boundary to facilitate operation of an adjacent solar
farm, subject to the following conditions:
1. Authorization provided under this permit is limited to the above stated purpose and no other
authorization is intended or implied.
2. All cut trees shall be removed from state property.
3. SunEneregyl shall provide compensation for stems removed in the form of a Cashier's check, certified
check, or money order made payable to the North Carolina Wildlife Resources Commission in the
amount of $250.42.
4. Along the length of the affected area, SunEnergyl shall provide and set every 100 feet an 8-foot-long, 3
lb./ft. galvanized U-channel sign post, 2 feet in the ground. Upon each post, SunEnergyl shall affix
with 2 screws a game land boundary sign provided by NC Wildlife Resources Commission (WRC),
facing out from the boundary, where designated by the local agent of the WRC.
S. SunEnergyl will contact the local agent of the WRC a minimum of two days prior to initiating removal
project and will advise same upon completion: Brent Wilson, (252) 402-6347.
6. SunEnergyl and its contractors shall take appropriate measures to avoid damage to standing timber not
targeted for removal and shall not use the game land property as a log loading area.
This permit/license is nontransferable and expire%at midnight on the above specified expiration date.
Lands Program Coordinator 1 07/06/2016
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