20161217 Ver 2_Year 1 Monitoring Report_20200709

Windsor Solar Restoration Project
Year 1 Monitoring Report
Bertie County, NC
Roanoke River Basin
(Cataloging Unit #03010107)
Prepared for:
SunEnergyl
192 Raceway Drive
Mooresville, NC 28117
in cooperation with Duke Energy Renewables
Prepared by:
4LMG
LAND MANAGEMENT GROUP
a DAVEY-f. company
Wilmington, N.C.
January 2020

TABLE OF CONTENTS
1.0. EXECUTIVE SUMMARY............................................................................................................1
2.0. PROJECT OVERVIEW...............................................................................................................1
3.0 MONITORING REQUIREMENTS............................................................................................2
A. WETLAND RESTORATION SUCCESS CRITERIA.....................................................................2
4.0 MONITORING RESULTS (YEAR 1)......................................................................................4
A. VEGETATION MONITORING.......................................................................................................4
5.0 CONCLUSION..............................................................................................................................5
LIST OF FIGURES, TABLES, AND APPENDICES
Figure 1......................................................................................................................... Restoration Area Map
Figure2...................................................................................................................... Planting Area/Plot Map
Table 1............................................................................. Annual Monitoring Data Sheets, Year 1 — Planted
Table 1A..........................................................................Annual Monitoring Data Sheets, Year 1 —Volunteer
AppendixA.......................................................................................................................... Site Photographs
Appendix B.............................................................................................................. Agency Correspondence

1.0 EXECUTIVE SUMMARY
On behalf of SunEnergy1, Land Management Group (LMG) has completed Year 1 monitoring of
the Windsor Solar Site (-0.51-acres) located off Highway 308 behind Bertie Correctional Institute,
in the town of Windsor, Bertie County, NC. The Windsor Solar Site restoration project consists of
—0.51-acres of land consisting of wet hardwood flat and riverine swamp forest wetland systems in
the Roanoke River Basin (USGS 8-digit Hydrologic Unit 03010107; DWQ Subbasin 03-02-10).
The following Year 1 Monitoring Report (AMR) is specific to the —0.51-acres that were impacted via
mechanized land clearing and filling. Planting of these areas was completed on October 16th,
2018. Restoration work included planting of characteristic non -riparian wet hardwood flat and
riverine swamp forest trees and shrubs (3-gallon).
Per the approved restoration plan and correspondence with the NC Division of Water Resources
(DWR) and the US Army Corps of Engineers (USACE), monitoring of the site includes the
assessment of vegetative conditions over the course of a three-year monitoring period. Restoration
Area WA is located in the northeast section of the project area and is approximately 0.38-acre.
Restoration Area WC is located in the southeast section of the project area and is approximately
0.13-acre. Following the completion of the site planting, a total of three (3) permanent 0.02-acre
(30' x 30') plots were established throughout the planted —0.51-acre restoration areas. Two plots
are located within Restoration Area WA (Plots 1 & 2) and one plot is located within Restoration
Area WC (Plot 3).
Year 1 monitoring was conducted on October 241h, 2019 at each of the three (3) plots. A total of 44
individuals of the planted species were counted throughout the three (3) plots, which correlates to
an average of 733 stems/acre within the project area (Table 1). Site photographs documenting
Year 1 monitoring are included in Appendix A.
2.0 PROJECT OVERVIEW
On February 22nd 2017, SunEnergy1 received a Notice of Violation and Recommendation for
Enforcement (NOV-2017-WP-0002) from the North Carolina Division of Water Resources (DWR)
Windsor Solar Restoration Project 1
Year 1 —Monitoring Report

for a Wetland Standard Violation and failure to secure a 401 Water Quality Certification.
Unauthorized activities included grading, earthen fill, installation of solar panels, associated
infrastructure, and road improvements for the installation of a solar facility. On March 9t", 2017 a
written response was delivered to DWR to address NOV-2017-WP-0002. Subsequent information
was provided on April 17 (2017), May 5 (2017), May 12 (2017), May 15 (2017), September 5
(2017), December 9 (2017), January 24 (2018), February 5 (2018), and February 27 (2018). As
part of these responses, a wetland restoration plan (December 2017) and after -the -fact Pre -
Construction Notification application for a portion of the unauthorized wetland fill (0.39 acres) was
provided for approval. The plan indicated that the existing panels and piles would be removed
followed by clearing, grading, soil preparation, seeding and matting. The plan also included a
drainage system to reestablish the hydrologic connection from Restoration Area WA to the large
wetland complex to the south-southwest. On February 23rd, 2018 the USACE issued a Notification
of Unauthorized Activity and Permit Noncompliance letter. In addition to stating the requested
remedial action, the letter also addressed 0.39-acres of wetland fill to be left in place which was
authorized by NWP#39. On March 2nd 2018, DWR issued a letter approving the Restoration Plan
and set a date of December 31St, 2018 as the deadline for restoration completion. Site planting of
the —0.51 acre restoration area was initiated and completed on October 16t", 2018. Refer to Figure
1 for a depiction of the restoration areas. Restoration activities included planting of characteristic
non -riparian wet hardwood flat and riverine swamp forest trees. Relevant agency correspondence
is included in Appendix B.
3.0 MONITORING REQUIREMENTS
Annual monitoring is being conducted near the end of each growing season for a period of three
years. This monitoring includes only a vegetative component per the approved restoration plan.
The vegetative component for the Windsor Solar site includes an assessment of the conditions
within each of the three (3) permanent monitoring plots that have been established throughout the
project area (Figure 2).
Windsor Solar Restoration Project 2
Year 1 —Monitoring Report

A. Wetland Restoration Success Criteria
The wetland restoration effort is evaluated based upon performance criteria related to vegetative
density. As is typical for restoration sites, stems of non -planted species tend to volunteer within a
restored site. Volunteers of characteristic wetland species serve as indicators of appropriate
hydrologic regimes and provide increased diversity. This diversity in plant species enhances niche
microhabitat and is an important aspect of wetland restoration. Per the restoration plan, suitable
volunteers including native successional species such as red maple, tulip poplar, and sweet gum
may be counted towards the established success criteria.
The approved success criteria for the restored areas of the Windsor Solar project area are:
1. The minimum trees/shrubs per acre should be at least 597 stems per acre within
Restoration Area WA and 829 stems per acre for Restoration Area WC during the baseline
monitoring. Native successional species such as red maple, tulip poplar, sweet gum will be
allowed to count towards the success criteria of 260 stems at the end of three years (post -
planting). The agencies will allow for the counting of all volunteer species toward the 260-
stem per acre density.
2. Re-establishment of the historic hydrologic connection from the Restoration Area WA to
the larger wetland complex to the south-southwest shall be completed in accordance with
Figures C103A, C104, and C105 received by DWR on January 21St, 2018.
As stated in the restoration plan, a mixture of hardwood trees and shrub species were planted as
part of the restoration effort. Planted trees include species of: (1) bald cypress (Taxodium
distichum), (2) swamp tupelo (Nyssa biflora), (3) swamp white oak (Quercus bicolor) and (4)
American holly (Ilex opaca). Planted shrub species include species of: (1) inkberry (Ilex glabra),
(2) high bush blueberry (Vaccinium corymbosum), and (3) sweet pepperbush (Clethra alnifolia).
Pursuant to a nursery availability issue, swamp white oak (Quercus bicolor) was granted
permission as an acceptable species to replace swamp chestnut oak (Quercus michauxii) on April
20th, 2018.
Windsor Solar Restoration Project 3
Year 1 —Monitoring Report

4.0 MONITORING RESULTS (Year 1)
A. Vegetation Monitoring
A total of 33 individuals of the planted species were counted throughout the three (3) plots. This
correlates to an average of 425-stems/acre within Restoration Area WA (Plots 1 & 2) and 800-
stems/acre within Restoration Area WC (Plot 3) (Table 1). The observed number for Year 1
monitoring is well above the required minimum criteria of 260-stems/acre at the end of the third
year (post-plantingl Swamp white Oak (Quercus bicolor) was the most abundant woody species,
with a total of 16 individuals. Other planted species such as Bald Cypress (Taxodium distichum),
and swamp tupelo (Nyssa biflora) were also prevalent within the monitored plots.
TABLE 1. ANNUAL MONITORING DATA SHEET (YEAR 1) - PLANTED
SPECIES
PLOT 1
PLOT 2
PLOT 3
TOTAL
Quercus bicolor
9
7
0
16
Swamp White Oak
Nyssa biflora
0
0
7
7
(Swamp Tupelo)
Taxodium distichum
0
0
7
7
(Bald Cypress)
Ilex opaca
1
0
0
1
American Holly)
Ilex glabra
0
0
1
1
Inkberr
Vaccinium corymbosum
0
0
0
0
(High Bush Blueberry)
Clethra alnifolia
0
0
1
1
Sweet Pepperbush
TOTAL
10
7
16
33
Planted Stems Per Acre
500
350
800
5501 avg overall
425 / avg P1 & P2
TABLE 1A. ANNUAL MONITORING DATA SHEET (YEAR 11— VOLUNTEERS
SPECIES
PLOT 1
PLOT 2
PLOT 3
TOTAL
Acer rubrum
8
5
0
13
Red Maple)
Winged Sumac)
2
0
0
2
TOTAL
8
5
0
13
Combined Stems Per Acre*
900
600
800
7671 avg overall
750 / avg P1 & P2
* grey squares represent acceptable volunteer species / white squares represent unacceptable volunteer species. Acceptable
species will be included when determining if the minimum density success criteria has been met on an annual basis
Windsor Solar Restoration Project 4
Year 1 —Monitoring Report

In addition to the planted species, volunteers were also observed. Table 1 and Table 1A provide
species composition by plot for both planted and volunteer species, respectively. Overall, the
vegetative composition (including planted and observed volunteers) is characteristic of the targeted
wet hardwood flat and riverine swamp forest wetland communities.
Of particular note during Year 1 monitoring was the emergent densities of facultative wet (FACW)
and obligate (OBL) herbaceous vegetation within the plots. Herbaceous species composition was
dominated by characteristic wetland species such as cottongrass bulrush (Scirpus cyperinus),
common rush (Juncus effuses) and giant bristlegrass (Setaria magna). Refer to Appendix A for site
photos of the restoration area and site planting.
The combination of planted species and acceptable volunteers suggest that the site is posed well
for successful restoration of the target community. During the Year 1 monitoring event, each of
the three (3) plots readily exceeded the minimum density success criterion (i.e. equal to
260 stems/acre after three years). The overall density and composition of planted and
volunteer species is consistent with the target wetland community types. This diversity of
species will likely continue through the duration of the project due to the abundant native seed
source and natural dispersal patterns.
B. Hydrologic Connection of Restoration Area WA
Per the approved plans from Albemarle and Associates, LTD, the hydrologic connectivity swale
has been constructed to re -connect Restoration Area WA to the larger wetland complex to the
south-southwest. Photos of this area are included in Appendix A.
5.0 CONCLUSION
Based on the data collected in conjunction with the Year 1 monitoring event, the site appears to be
progressing well towards the target wet hardwood flat and riverine swamp forest community types.
Average stem densities in all plots are sufficient to meet the applicable success criteria. The
Windsor Solar Restoration Project 5
Year 1 —Monitoring Report

vegetative component of the project appears to be progressing well as evidenced by the
enumerated number of planted species and the recruitment of characteristic volunteer species.
Each of the three (3) plots exceeded the minimum success criteria during the Year 1 monitoring
event.
Windsor Solar Restoration Project 6
Year 1 —Monitoring Report

FIGURES

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Project Area

Existing fence will be removed during restoration
activities and replaced upon completion.
See Albemarle plans for grading/construction plan.
See Albemarle plans for sediment and erosion control plan.
See Albemarle plans for temporary seeding/stabilization plan.
Table 1. Vegetation to be Dlanted in restoration area
ExistiingWeltand to Remain Undisturbeii
41
j'
- - - - - - - - - - - - - - - - - - - - - - � -
�;-------------------------------- -
}
{ °7
Scientific Name
Common Name
Vegetation Type
Number of Trees
Spacing
Plant Size
Quercus nuchauxii
Swamp Chestnut Oak
Tree
32
10' x 10'
Container
Ilex o aca
American Holly
Tree
32
10' x 10'
Container
Ilex glabra
Inkberry
Shrub
47
10' x 10'*
Container
Vaccinium cor mbosum
Iflighbush Blueberry
Shrub
47
10' x 10'*
Container
Clethra aIni olia
I Sweet Pepperbush
Shrub
47
1 10' x 10'*
Container
Following panel removal and prior to planting the restoration area will be mowed (bush hogged).
Existing fence will be removed prior to construction and planting.
Shrubs to be randomly planted at locations depicted on plan.
Trees to be randomly planted at locations depicted on plan.
Plantings (container) will be performed at 19 x 10' spacing, no later than May 31st, 2018.
*Outermost row of shrubs will be planted at 5' spacing to protect against future disturbance.
Monitoring plots and success criteria will be evaluated in wetland areas only.
Two 39 x30' plots within restored wetlands will be established for monitoring and determination of project success.
N Project Area Shrub Location
CAROLINA Feet
ECOSYSTEMS 0 10 20 Restoration Site Tree Location
Fence Line PLOT LOCATlOn1
- •
y
41
}
41
4
Map Date: December 2017 Windsor Solar Tract B Wetland Restoration
Revised: December 15, 2017 Bertie County, NC
Revised:. Figure 2a: Planting Plan
Revised: for Restoration Area WA

APPENDIX A —
Site Photos

APPENDIX A. SITE PHOTOS
(1) Emergent Wetland Herbaceous Species Restoration Area WA (Plot 1).
(2) Swamp white oak in Restoration Area WA (Plot 1)
Windsor Solar — Year 1 Monitoring Report
Appendix A. Site Photos

-6•

APPENDIX A. SITE PHOTOS
(5) Swamp White Oak above Herbaceous Vegetation in Restoration Area WA (Plot 2)
(6) Plot 2 in Restoration Area WA
Windsor Solar — Year 1 Monitoring Report
Appendix A. Site Photos

APPENDIX A. SITE PHOTOS
(7) Bald Cypress in Restoration Area WC (Plot 3)
(8) Sweet Pepperbush in Restoration Area WC (Plot 3)
Windsor Solar — Year 1 Monitoring Report
Appendix A. Site Photos

APPENDIX A. SITE PHOTOS
(9) Aerial View of Restoration Area WC (Plot 3)
(10) Aerial View of Restoration Area WC (Plot 3)
Windsor Solar — Year 1 Monitoring Report 5
Appendix A. Site Photos

APPENDIX A. SITE PHOTOS
(11) View of constructed hydrologic connection for Restoration Area WA
(12) View of constructed hydrologic connection for Restoration Area WA
Windsor Solar — Year 1 Monitoring Report
Appendix A. Site Photos

APPENDIX 6 —
Agency Correspondence

Water Resources
Environmental Quality
February 22, 2017
ROY COOPER
Governor
MICHAEL S. REGAN
Seemlary
S. JAY ZIMMERMAN
Director
CERTIFIED MAIL #7016 2370 002 2184 6183 CERTIFIED MAIL #70161370 002 2184 6187
RETURN RECEIPT REQUESTED RETURN RECEIPT REQUESTED
Duke Energy Renewables NC Solar, LLC SunEnergyl, LLC
Attn: Mr. Tom McNay, Vice -President Attn: Mr. Kenny Habul, President
550 South Tyron Street 192 Raceway Drive
Charlotte, NC 28202 Mooresville, NC 28117
Subject: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT
NOV-2017-W P-0002
Windsor Solar Site
DWR Project # 2016-1217 (withdrawn)
Bertie County
Dear Messrs. McNay and Habul:
On February 16, 2017, Anthony Scarbraugh, Robert Tankard and Chris Pullinger of Division of Water
Resources (DWR) Washington Regional Office and Shelton Sullivan of DWR Central Office conducted a site
inspection of the constructed Windsor Solar Site, located off of Cooper Hill Road in Bertie County, NC.
Inspections were also conducted by Richard Peed, Gary Novak and Jay Edwards of NC Division of Energy,
Mineral and Land Resources (DEMLR) and Kyle Barnes and Krysta Stygarof the US Army Corps of Engineers
(USAGE). In attendance during the site visit were representatives from SunEnergyl, Duke Energy, Carolina
Ecosystems Inc., and Keller Environmental.
During the visit, the group observed the two areas of installed solar panels including the access road. On
the southern field of installed panels, the USACE confirmed that jurisdictional wetlands have been
impacted from grading, earthen fill and the installation of solar panels and associated infrastructure. A
review of DEMLR's Erosion & Sedimentation Control Plan files shows a wetland area in the southern field
of installed panels to be avoided, without panels installed. On December 9, 2016, DWR received an after -
the -fact 401 Water Quality Certification (WQC) application for wetland impacts, however, the application
did not propose the extent of impacts as observed on 2-16-17. On February 17. 2017, the 401 WQC
application was withdrawn at the request of SunEnergyl.
The site visit and file review have revealed over X acre of wetland impacts from grading, earthen fill, the
installation of solar panels, associated infrastructure, and road improvements. These impacts have
occurred without the issuance of a 401 Water Quality Certification.
As a result of the site inspections and file review, the following violations, detailed below, are noted:
(1) Failure to Secure a 401 Wat r Qual'tyy Certification
:Not�ing Compares-,,
State of North Carolina I Environmental Quality: Water Resources -Water Quality Regional Orcrairons Section -Washington Regional Office
943 Washington Square Mall, Washington, North Caml ire 27889
252.946-6481

(2) Wetland Standard Violation
1) Failure to Secure 401 Water Quality Certification (Title 15A NCAC 021-1.0500)
The impacts to the wetlands require permits from both the Army Corps of Engineers and the Division of
Water Resources. DWR site visits and file review confirmed that impacts occurred without a 404 Permit
from the U.S. Army Corps of Engineers. A file review indicates that the U.S. Army Corps of Engineers (COE)
has not authorized use of a 404 Permit for this activity nor has notification been provided to the COE for
this activity. The file review confirmed that the Division of Water Resources has not issued 401 Water
Quality Certification for the subject site. A 401 Water Quality Certification is required prior to the above -
mentioned impacts pursuant to 15A NCAC 02H .0500.
2) Wetland Standard Violation (15A NCAC 026 .0231)
The wetland impacts from clearing, grading, earthen fill, the installation of solar panels, associated
infrastructure, and road improvements represents violations of 15A NCAC 023.0231(b) (1) Liquids, fill or
other solids or dissolved gases may not be present in amounts which may cause adverse impacts on
existing wetland uses; (5) 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; (F)
Water levels or elevations.
Requested Response
This Office requests that you respond to this letter in writing within 15 calendar days of receipt of this
Notice. Your response should be sent to this Office at the letterhead address. Your response should
address the following:
1. Within 15 calendar days of receipt of this Notice, please provide a plan of action with specific time
frames and dates to accomplish the below items.
2. Please explain when construction (clearing, grading, earthen fill, the installation of solar panels,
associated infrastructure, and road improvements) began at the site and how these impacts
occurred.
3. Please clearly explain why appropriate 401 Water Quality Certification and a 404 Permit were not
secured.
4. Please provide documentation (including a detailed site map/survey) depicting all jurisdictional water
features (e.g. streams, wetlands and/or waters) on the site. This documentation should describe and
quantify the impacts to those jurisdictional features, and should include plans to avoid further
unauthorized impacts on the site.
5. Please submit a Restoration Plan to this Office for review and approval. You are encouraged to secure
a consultant to assist you with your plan development and with obtaining any permit, certification,
and/ or authorization necessary to achieve compliance. This plan should include the following:
a.) Permit Application —if you wish for any impacts to remain in place, you must contact the U.S.
Army Corps of Engineers (USACOE) for information on the type(s) of permit required.

Depending on the type of permits USACOE requires, application for a 401 Water Quality
Certification to DWR will also be required.
b.) Wetland Restoration Plan (Wetland Impacts) — The restoration plan must detail how the
unauthorized impacts to wetlands that cannot be permitted will be removed and how the
wetlands will be restored. This information must be clearly depicted on a map that you
provide as a part of this response. This map should also indicate all of the wetlands locations
on the tract as well as the wetland areas that have been impacted.
Satisfactory wetland restoration requires the replanting of at least 2 native hardwood wetland
species and the maintenance of a stem density/survivorship of at least 320 trees per acre at
the end of 3 years. This plan will also require an herbaceous wetland seed mix for all wetlands
that are disturbed.
c.) Please indicate in your response a schedule with dates detailing when the restoration will be
accomplished. This schedule should include a three-year monitoring plan to ensure that the
wetlands and stream are restored. It Is the expectation of this Office that the restoration
will be completed by December 1, 2017.
6. Finally, you should include in your response an explanation of how you propose to prevent these
problems from reoccurring on this project and on future projects.
***"You are encouraged to secure a consultant to assist you with your plan development, permit,
certification, and authorization necessary to achieve compliance. ****
Thank you for your attention to this matter. DWR requires that the violations, as detailed above, be
abated immediately and properly resolved. This Office is considering a recommendation for civil penalty
assessment to the Director of the Division of Water Resources and/or an injunction request to the
Attorney General's Office regarding the ongoing violations on your site.
Pursuant to G.5.143-215.6A, the above mentioned violations and any future violations are subject to a
civil penalty assessment of up to a maximum of $25,000.00 per day for each violation. Pursuant to G.S.
143-215.6C, DWR can request injunctive relief through the courts to obtain compliance on the site. Your
above -mentioned response to this correspondence will be considered in any further process that may
occur.
This Office appreciates your attention to this matter and efforts to resolve the above noted concerns.
Should you have any questions regarding these matters, please contact Anthony Scarbraugh at (252) 948-
3924 or myself at [phone].
Sincerely,
Rk '
Robert TankaTAssistanItegional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR

CC. Shelton Sullivan —401 & Buffer Permitting Branch
WaRO Files
Kyle Barnes — US ACOE- Washington Office (via e-mail)
Samir Dumpor— DELMR WaRO (via e-mail)
Jay Keller— Keller Environmental, LLC (via e-mail: [e-mail])
Chris Hooper, Carolina Ecosystems, Inc. (via e-mail: [e-mail])
Scott Saver, County Manager, Bertie County —Town of Windsor,
PO Box 530, Windsor, NC 27983

Water Resources
I:ne irtmntcmal Quality
March 2, 2018
Duke Energy Renewables NC Solar, LLC
Attn: Mr. Tom McNay, Vice -President
550 South Tyron Street
Charlotte, NC 28202
Subject: Restoration Plan
NOV-2017-WP-0002
Windsor Solar
Failure to Secure 401 and
Wetland Standard Violations
Pitt County
Dear Mr. McNay:
ROY COOPER
(onernnr
MICHAEL S. REGAN
Secre,arr
LINDA CULPEPPER
Interim Uirecmr
On March 9, 2017, this Office received a written response to NOV-2017-WP-0002. This Office received
subsequent information on April 17, May 5, 2017, May 12, 2017, May 15, 2017, September 5, 2017,
December 9, 2017, January 24, 2018, February 5, 2018, and February 27, 2018. As part of this responses,
a wetland restoration plan and after -the -fact Pre -Construction Notification application for a portion of the
unauthorized wetland fill (0.39 acres) was provided for approval. The plan indicated that the existing
panels and piles would be removed followed by clearing, grading, soil preparation, seeding and matting
as per Figures 3 and 4. The plan also includes a drainage system to reestablish the hydrologic connection
from Restoration Area WA to the large wetland complex to the south-southwest.
After site preparation has been completed, the planting of Quercas shumardii (Shumard oak), Ilex opaca
(American holly), Ilex glabra (Inkberry), Vaccinium corymbosum (highbush blueberry) and Clethra alnifolia
(sweet pepper bush) will be planted in Restoration Area WA. Restoration area WC will include Taxodium
distichum (bald cypress), Ilex glabra (Inkberry), Vaccinium corymbosum (highbush blueberry) and Clethra
alnifolia (sweet pepper bush) will be planted in Restoration Area WC. Please note, on December 12,
2017, this Office sent an email to Mr. Charles Johnston of Duke Energy Renewables INC Solar, LLC stating
that the Division of Water Resources does not accept red maple and sweet gum as an acceptable
restoration species. As such, the planting list will need to omit red maple from the planting list on Figure
4.
Following site preparation, native trees and plant species will be planted at a density of 597 stems per
acre for Restoration WA and 829 stems per Acre for Restoration Area WC during the dormant season
(December through February). Per the restoration plan, native successional species such as red maple,
tulip poplar, sweet gum will be allowed to count toward the success criteria of 260 stems at the end of
three year monitoring period. In addition, the plan indicated that three years of biological monitoring will
be conducted by the property owner.
By a copy of this letter, your restoration plan is approved. Per the plan, reestablishment of the historic
hydrologic connection from the Restoration Area WA to the larger wetland complex to the south-
�—Nothjm) Compares _
State of North Carolina I Environmental Quality I Water Resources -Water Quality Regional Operations Sec lion -Wash inglon Regional Office
943 Washington Square Mall, Washington. North Carolina 27889
252-946-6481

southwest shall be completed in accordance with Figures C103A, C104 and C105 received by this Office
on January 21, 2108. Please note, upon completion of the restoration, a written annual monitoring
report (including photos) must be submitted on or before June 1 of each year for a three-year period to
document that the trees and vegetation have survived and that the wetlands have been stabilized and
successfully restored. This Office will require an onsite meeting between Duke Energy Renewable NC
Solar, LLC staff, this Office and other agencies following the decommissioning of the solar arrays and
prior to replanting to inspect site conditions. Finally, it is the expectation of this Office that restoration
activities be completed by December 31, 2018.
This Office appreciates your attention to this matter and efforts to resolve the above noted concerns.
Should you have any questions regarding these matters, please contact Anthony Scarbraugh at (252) 948-
3924.
Sincerely,
David May, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
cc: Shelton Sullivan —401 & Buffer Permitting Branch (vi e-mail)
WaRO Files
Kyle Barnes — US ACOE — Washington Office (via e-mail)
Samir Dumpor— DEMLR WaRO (via e-mail)
Chris Hopper, Carolina Ecosystems, Inc. (via e-mail: [e-mail])

Existing fence will be removed during restoration
activities and replaced upon completion. \
APPROVED
North Carolina Environmental
Management Commission
Division of Water Resources
Date 0 / 1'
Permiti2-/7W- T
8
See Albemarle plans for grading/construction plan.
See Albemarle plans for sediment and erosion control plan.
See Albemarle plans for temporary seeding/stabilization plan.
Table 1. Veaetation to be slanted in restoration area
L.
I:
N;xtstin Weltand to Remain Undisturbed
• &_.
I
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-.. _ al,
----4-----------------
--
--
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----------------
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-------
#
#
#
#
#
+
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Y
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i
Scientific Name
Common Name
Vegetation Type
Number of Trees
Spacing
Container Size
Quercus shumardii
Shumard Oak
Tree
32
10' x 10'
Bare Root
Ilex o aca
American Holly
Tree
32
10' x 10'
Bare Root
Ilex glabra
Inkbeffy
Shrub
47
10' x 19*
Bare Root
Vaccinium cor mbosum
Hi hbush Blueberry
Shrub
47
10' x 19*
Bare Root
Clethra alni olia
Sweet Pe rbush
Shrub
47
10' x 10'*
Bare Root
4¢
fl�
�
Following panel removal and prior to planting the restoration area will be mowed (bush hogged). + 1
Shrubs to be randomly planted at locations depicted on plan. +
Trees to be randomly planted at locations depicted on plan.
Plantings (bare root) will be performed at 19 x 10' spacing during dormant season (December - February).
*Outermost row of shrubs will be planted at 5'spacing to protect against future disturbance. +
Monitoring plots and success criteria will be evaluated in wetland areas only.
Two 39 x30' plots within restored wetlands will be established for monitoring and determination of project success.
N Project Area Shrub Location Map Date: December 2017 Windsor Solar Tract B Wetland Restoration
CAROLINA mmomm== Fee[ Revised: Bertie County, NC
o l0 20 Restoration Site Tree Location Revised: Figure 3: Planting
ECOSYSTEMS g g Plan for
- • Fence Line Revised: Restoration Area WA

31z/6'
APPROVED
North Carolina Environmental
Management Commission
Division of Water Resources
Date 3 /z- 2C I Y
permit # 16 - l2 n V z
N)
See Albemarle plans for grading/construction plan.
See Albemarle plans for sediment and erosion control plan.
See Albemarle plans for temporary seeding/stabilization plan.
Table 1. Vegetation to be Wanted in restoration area
cientific Name
Common Name
Vegetation Type
Number of Trees
Spacing
Container Size
Taxodiunt distichum
Bald Cypress
Tree
14
10' x 10'
Bare Root
Qc
Bare -Root
Ilex glabra
Inkberry
Shrub
18
10' x 19*
Bare Root
Vaccinium corynthostan
Hi hbush Blueberry
Shrub
18
10' x 10'*
Bare Root
Clethra alni olia
Sweet Pepperbush
Shrub
18
10' x 10'*
Bare Root
Excavated soils will be deposited in on -site stockpiles. Silt fencing will be installed as needed for protection.
Newly created side slopes will be seeded and matted to ensure stability and erosion control.
Shrubs to be randomly planted at locations depicted on plan.
Trees to be randomly planted at locations depicted on plan.
Plantings (bare root) will be performed at 10' x 19 spacing during dormant season (December- February).
*Outermost row of shrubs will be planted at 5'spacing to protect against future disturbance.
Monitoring plots and success criteria will be evaluated in wetland areas only.
One 30' x30' plot within restored wetlands will be established for monitoring and determination of project success.
N
CAROLINA 000000==1 Feet Q Project Area
ECOSYSTEMS ° 7.5 15
Restoration Site
77
- _PisfielYRitdu
+ Shrub Location
U Tree Location
Map Date: December 2017
Revised:
Revised:
Revised:
Windsor Solar Tract B Wetland Restoration
Bertie Countv. NC
Figure 4: Planting Plan for
Restoration Area WC

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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
ORM ID. SAW-2016-02000 County: Bertie
NOTIFICATION OF UNAUTHORIZED ACTIVITY
PERMIT NONCOMPLIANCE
Responsible Party: Mr. Tom McNay
Duke Energy Renewables NC Solar, LLC.
Address: 550 South Tyron Street
Charlotte. North Carolina 28202
Telephone Number: [phone]
Size and location of property (include waterbody, road name/number, town, etc.): The project
area is a developed solar farm located off of Cooper Hill Road (NC 308) outside of the town
of Windsor in Bertie County, North Carolina on properties identified as Parcel
#6811735215 and #6811912894 with Bertie County tax records. The properties are
adjacent to the Cashie River, a Section 10 Navigable Water.
Description of Unauthorized Activity/Permit Noncompliance: On February 16, 2017, Mr.
Kyle Barnes of my staff met with you and representatives from the North Carolina Division
of Water Resources (NCDWR) and the North Carolina Division of Energy, Mineral and
Land Resources (DEMLR) to review development activities that had occurred to construct
the Windsor Solar Site. During this meeting Mr. Barnes observed the development of two
functioning solar installations with access roads. Within the installation identified as
Windsor Solar Tract B (Parcel # 6811912894) it was determined that unauthorized fill had
been placed in multiple jurisdictional wetland areas regulated by the U.S. Army Corps of
Engineers (USACE).
Followine the site investigation, the USACE reauested that a wetland delineation be
performed on the site to quantify the amount of fill placed within jurisdictional areas.
Your consultant, Carolina Ecosystems, LLC, identified three wetland areas where
unauthorized fill was placed and those wetlands were confirmed by the USACE to be 0.9
acres in size, (identified on the attached map).
Indicate which of the following apply:
X Unauthorized Activity _ Rivers and Harbors Act, Section 10 (33 USC 403)
_ Permit Noncompliance X Clean Water Act, Section 301 (33 USC 1311)
Unless you have a valid Department of the Army permit for the above described activity, it is
a violation of federal law as specified above. You have agreed to do no further work in waters or
wetlands without the required Department of the Army permit. Any further unauthorized work
in waters or wetlands will be considered an intentional violation of federal law.
If you do no further work in waters or wetlands and perform the remedial action requested
below, the Corps of Engineers will take no further action in this matter. If you continue to work

in waters and wetlands without the required authorization, and/or fail to perform the requested
remedial action, the Corps will take further administrative action and may request the U.S.
Attorney to file suit against you.
If you have any questions regarding this action or would like further information on the Corps
of Engineers Regulatory Program, please contact Kyle Barnes at [phone].
Remedial Action Requested: On October 11, 2017, you met with Mr. Barnes and Mr.
Anthony Scarbraugh from the NCDWR to discuss remedial actions to address the
unauthorized fill placed in jurisdictional wetlands on the Windsor Solar Site. During this
meeting it was agreed that 0.39 acres of the unauthorized fill could be permitted under
Nationwide Permit (NWP) #39 and the remaining unauthorized fill areas would be
restored. The resolution of this action would require the submittal of a PCN application
for utilization of NWP #39 and a restoration plan to address removal of the remaining
unauthorized fill and solar panel equipment placed in Jurisdictional wetlands.
On January 22, 2018, your PCN application and restoration plan entitled, Winsor Solar
Tract B, Wetland Restoration Plan (Plan), dated December 2017, was received by the
USACE Washington Field Office and deemed to be complete. Accordingly, you are to
undertake the remedial actions set forth in the subject Plan. This work must be completed
within 30 days of your receipt of this Notification of Unauthorized Activity. Should
additional time be needed to complete the restoration work, please contact Mr. Barnes at
(910-251-4584).
Regarding the 0.39 acre area of wetland fill that will be allowed to remain in place,
your work is authorized by NWP #39 provided it is accomplished in strict
accordance with the attached conditions and your submitted application, including
the following Special Condition 1:
The Permittee shall mitigate for 0.39 acre of Section 404 wetlands associated with this
project by payment to The Great Dismal Swamp Restoration Bank, LLC.-Timberlake
(GDSRB) in an amount determined by the GDSRB sufficient to perform 0.78 acre of
non -riparian wetland restoration mitigation in the 03010205 HUC. This permit is valid
only after the Permittee has made full payment to the GDSRB, and the GDSRB has
made written confirmation to the District Engineer, that it has received payment and
agrees to accept responsibilityfor the mitigation work required.

Any violation of the attached conditions or deviation from your submitted plans may
subiect the vermittee to a stop work order, a restoration order, a Class I administrative
penalty, and/or appropriate legal action.
If, prior to the expiration date, the nationwide permit authorization is reissued and/or
modified, this verification will remain valid until March 18, 2022, provided it complies with
all requirements of the modified nationwide permit. If the nationwide permit authorization
expires or is suspended, revoked, or is modified, such that the activity would no longer
comply with the terms and conditions of the nationwide permit, activities which have
commenced (i.e., are under construction) or are under contract to commence in reliance
upon the nationwide permit, will remain authorized provided the activity is completed within
twelve months of the date of the nationwide permit's expiration, modification or revocation,
unless discretionary authority has been exercised on a case -by -case basis to modify, suspend
or revoke the authorization.
Your signature acknowledges receipt of this notification.
Property Owner/ Responsible Party
Corps Regulatory Official Date
Sincerely,
For the District Engineer
Robert J. Clark
Colonel, U.S. Army
District Commander

lb
lap

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee: Duke Energy Renewables NC Solar, LLC./Tom McNay Action ID: SAW-2016-02000
Project Name: Windsor Solar Site County: Bertie
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure
that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this
form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be
used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one
8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor
and/or HUC must be provided to the appropriate mitigation Sponsors.
Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the
identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of
whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank
ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and
the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all
reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements
Permitted Impacts Requiring Mitigation*: 8-digit HUC and Basin: 03010205, Chowan River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
0.39
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03010205, Chowan River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
0.78
Mitigation Site Debited:
(List the name of the bank to be debited. For umbrella banks, also list the specific site
acceptance letter identifies a specific site, also list the specific site to be debited).
For NCDMS, list NCDMS. If the NCDMS
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are
currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the
required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor
Name of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative
Date of Signature
Page 1 of 2 Form Updated 14 September, 2017

FW: Windsor Restoration Tree Species
1 message
-----Original Message -----
From: Barnes, Kyle W CIV USARMY CESAW (US) <[e-mail]. mil>
Sent: Friday, April 20, 2018 11:33 AM
To: Kelly Hoyt <[e-mail]>; Scarbraugh, Anthony <[e-mail]>
Cc: Johnston, Charlie ([e-mail]) <[e-mail]>; Hooper, Matt
<[e-mail]>; Nick Tillson <[e-mail]>; Jeffrey McDermott
<[e-mail]>; McNay, Tom <[e-mail]>
Subject: RE: Windsor Restoration Tree Species
Kelly,
The tree species substitution is fine with me.
Kyle Barnes
Regulatory Project Manager
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: Kelly Hoyt[maiIto: [e-mail]]
Sent: Thursday, April 19, 2018 9:43 AM
To: Barnes, Kyle W CIV USARMY CESAW (US) <[e-mail]. mil>; Scarbraugh, Anthony
<[e-mail]>
Cc: Johnston, Charlie ([e-mail]) <[e-mail]>; Hooper, Matt
<[e-mail]>; Nick Tillson <[e-mail]>; Jeffrey McDermott

11 /21 /2018
<[e-mail]>; McNay, Tom <[e-mail]>
Subject: [Non-DoD Source] Windsor Restoration Tree Species
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: [phone] ext. 380 1 Cell: [phone]
192 Raceway Drive, Mooresville. NC. 28117
https://Iinkprotect.cudasvc.com/url?a=https%3a%2f%2fBIockedwww.SunEnergyl .com&c=E,1,ILrYFlxlHgHuH-
YBXj8rkmxgRRBW28nTLjfiSr3kkB7S-XJbDbS_KeH8IQ6MhCmMAMJgvUpha9Sy7A_
agBXbrkQQgCFRzlmg6tfDITBNVgMd1IKC8fZZbf4,&typo=1<Blockedhttps://linkprotect.cudasvc.com/url?a=http%3a%2f%
2fwww.sunenergy1.com%2f&c=E,1,RHIJD18A3zkQuZJxLiK3tFmbie5d6HIEe27NxwVmGLKtwY6iOsbRztnOFVMO
53ulCHnCei5gQkhBmLgYEYxyk7OzWS3TBcTYkIShN962CypByA„&typo=1> [e-mail]
<maiIto: [e-mail]>
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