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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; ,Seveld l M0gfi%S 0f we-"),Inl af- ecriJ 3) The effect on ground or surface water quantity or quality or on air quality; Wef)I'Ji FfOV;Je VaIOIIC bnc )'an -ro W40 re/ f udl�r�J 4) The cost/of rectifying the damage; Sl,q/;fjl,04i CdST Of %eMOV;�' SD;' OAAJ AgIf 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; V1O1aroI v J aiWAff sf Wft)AAJs 04 i'Ae Si1P before Can5-rUCi'.'O,) 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 13, 17, r � 308 r 'S r a Gce Windsor S KO^` �o c 308 a v a Q r ! t (13� °k t t4� ¢ 4094Nlrt. �I Lat 35.9627 / Long-76.9069 flu ckicsherry fy0 Su/ipu C"It a m .b yy°udaru ku Gee 0 7r Project Location: ry y Bertie County d' CAROLINA N Figure 1: ECOSYSTEMS �S � ®Mlle Study Area Vicinity Map 0 0.5 1 USGS Named Streams Windsor Solar September 2016 Bertie County CAROLINA . a SYSTE � INC. M ru. t * 1 , Parcel Identification Number(s) (PM HE 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: Crum ') `— W r--- (Est ci ��,,,',0,1-or Street Address: ,., '.p _ m 'a - 1 ou �.�...-._._.c _ City: -_y� State, Zip Code: ._. *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) -- {' 't""""`"- Irate T 3 - � , W' Jer a G3 �! .---.. mcafipnrh Tit � own �� W inv/ M-!- `AS�JlDe (vwo /6d^^inS}tQtdr-IZ4.02rt\ 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 communications by email, please so advise the sender immediately. \ 2 \ § \ 4 A' IN � - : ) I III to CQ w-a,.,n> c sue- 28 CL --F /v;�� o ln, n16 LL`L � i, S w�Mi-1'�, i °' T • . w HEM r { 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. 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[��✓1 /�'ic': Gi,��.o ,� (Z 5.! ryi / �G. �W'S.-cam+ O.'ZA4- " AAA/ ? � i_Li'/%—r- i�Yf }.::2 } c> ✓n_ � �\2' �l'r n^c :� % 5'{�,—Z7 / i1 SJ, r tiE.2C 7 2 /Z=' :-- II J L�-h-��'L �::G-,i.�57�- 5y!'ibt�{l!'�- a-'� 1rt,=SRn/A7,t✓ G'V tt-�1� �='r) "�1_' �i�—� It `� Co (. oa lTl fC(js^l�.'U, '"r/•:.(c.Z- ,K7G["c- ----Li',v✓c'l /l-nz/ { "S°..�c-.`�.i% l�P?v� e-1 A "E%/C;./ /�/ �✓l •%"i7� r �2j.-E1. --�-.._—�%k, �� ln-�C� '>'� 2�' c'ri,6 i;i ^'yr 'YL') 6a.C74�9 r�ICCJ r/Gr fr/i-�ii R�•l'�C2 r'�1 ��." -(L"'z. --. - _ ALI L(i)'re� y �,-. ':�/ r=GJ7y7i ' L �< < %c.= "Ti?yE;r� ti 7n .i�C'�cJu,•-i -it��l ty,.� r _.�,_�Z 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 3 ;(I 4 -. .�•,1v N ` u,.t-'( .Ad. �:l � '�An� dY. j1�` I�G jio'y{'[^�-.' . TH4 �.ti n ra 2:.z1 d+� r C it,I 'J L 0.0 Ei >•-1 Y. .L'tq �C Cf� 1:; A/iiut U� 9 E;-( i):v..,, ` i„y jb �.�."t� As A4;/ •j LT; 'I SSG^•lG�i i"'rL A✓7 C )c ohr C-fI _ . v �• rl �i .$ n �. ^L `\ rr TO tUIAZLD:c�7c14 c. ASI V s,i C— I �L- A --7AL4 6P-ULOTOI'l 5L✓"Lf 70 !Dra -Acr -nff c/4, CADlc" it ALQ A 4 oil - Aq'A �-t-t �,�LA-t- �(e �jezt, Z,!2jjjA4- Alvf) .pL4MC61VI;1- ct %Ei Pd'xl—oaa� AAV& In C14cCaf- �m(UmAla d0CL';-jG&-V OU44c KID %w %W 'iv Ui' %f w Vi w wf w 'Yf u WN mu Yi v no np vv 'vp vp w Cs''1-t F��n i10. (�j�¢.U�:�rS ArC2co�l 1+.�� ,� l�j�y�✓�j Rea rbl&tW 24AW pa UJ 44�iv FaeL �11�FeC Ar22 32�0- Ma 91R(- E l51Y�{c9 �7 t Alt ut&S i�.a"s-6mI?k LJ A �.7- C < J1.NLS✓�v FA->M Q urn fb1 Ali' alyC j 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. 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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 Agency Phone Email OM C CL, eae-/ S'�`20 ��2OZ `TL MM-MC-,Q �.`^�`l�2^PJ" CJr MA-r( Rooper Duke Encr 803. 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G �� 'o --PA � .(om NCDEQ WASHINGTON REGIONAL OFFICE 943 WASHINGTON SQUARE MALL WASHINGTON, NC 27889 252-946-6481, FAX 252-975-3716 1 of I 36 _ - ,Ir --r f /L..�Cr( ,wt. � 0�-� • � ,phi � ctF \,CU 1� � /� •ti c`G7 F,N i(�Cp C "\.c CAE I - tlGj - LVA i� " r SU^•r.GY 5(�0 Si) � I t,� ,�i•,�o:i,'4A\.c� itioc, r•, �� !2 6Cr.'2. �c"/Jur-u�,i d I i��;«c 12c�cz1� kZ 12n,S�eC,-i i� CCt wl (. a,+LC"Nt � ' r ate, • UNL�WriL :� a / S i : eyr% (�-LC Vi c LVAati (; '�ht y6 4 i, rC�E 1L i.NF.W1 lti) MH(( Hu a wm: i uuc R vde a�\ � • U M�'<kli-1 L%Xrr' ALI E .4Ci. 4 .4 37 Th r:cc;.✓ I)�i Ttt i— JuJ,yi : C..:;•✓ `d�c.:= S `I S`Z '� h.<<i R f1- $ V AL = k-LT 1 C v� ✓"'ti.,'� - i M\//rs. 11 .— .. -.� A. - � I� r i K: A vat, u;�r:n .� G:;.Vt' iSn�rL -i�� F "GLG'AL� 13�d'sLG 41 L.,a ('u =6" W"tN C-ACO VTtitti uu Rrlvaster In N'�li �J�c iT.i;SZMlIw lLl'b'21.W� Z kJ'R+7a r\ Z) n" S 6 e W An oZl 10; A I )n-L-6L Oa v A L A-- 1 - V} min cJ 3 6-nh: c RoS t^^�e�a sz / 2s' 3 of Ian &f Aw /Z ?Alb IC n 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. 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DEMI 1.i] CR MJROh9 FWH/BEiIfA) NIS d 77 -T� ll'i i / ^ e\ \ i �V 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" �) /0 E § ` ! ! § �12 \ | �� � | ® ■ ! /}■f � ( §} [ - ! |) 2icc 2 t 0 .. . , .. _- -- _• _- -- ` \ � 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> - / \ a \ / w \ ƒ w 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. §: f �~ |} \ \` § § a �\ / ) ) an § / ; _ cc (10 qO / _ id // q tz p» � ; Non § w Oz ®~- /)/ \E | ) ppp %= G § - / ! ,G` w W: 192 § �§ �t § )22 MUM F- a!~§"� ( l� i \ /i y ® ƒ _ZZ §_| ` ( _ ( / �z§r / ° . § \ g ! 4 \ o cc �) 0. g \ ƒ \ / z ) \ , ; \ `� §�(4 -`§| ; § E !°�/� \ `,� u § \� ` co �� \ �>\( . : 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 J PnIso Ra�cm rwm w am w a Z ` J a V N N r 2 m r H N a. fl O a 0 w W F H N sot 1 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. 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