20211271 Ver 1_Correspondence_20211221

Strickland, Bev
From: Cohn, Colleen M
Sent: Tuesday, December 21, 2021 12:20 PM
To: Randy Ficarrotta; Barnes, Kyle W CIV USARMY CESAW (USA); Sara Duquette
Subject: RE: [External] RE: Phobos Solar, LLC. - Phase II
Yes, thank you. As requested, the application for Phobos Solar LLC Phase II, DWR#20211271 Version 1 has been
withdrawn. Please reference DWR#20211271 on the resubmittal PCN to help our processing staff.
Thank you,
Colleen Cohn
Environmental Specialist II
North Carolina Department of Environmental Quality
Division of Water Resources
Raleigh Regional Office
380o Barrett Drive
Raleigh, NC 27609
Office: 919-791-4258
E-mail correspondence to and from this address may be subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Randy Ficarrotta <[e-mail]>
Sent: Tuesday, December 21, 2021 12:07 PM
To: Cohn, Colleen M <[e-mail]>; Barnes, Kyle W CIV USARMY CESAW (USA)
<[e-mail]>; Sara Duquette <[e-mail]>
Subject: RE: [External] RE: Phobos Solar, LLC. - Phase II
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Hi Colleen,
Yes, based on Kyle's response we would like to withdraw the current application and will resubmit with complete
information as soon as possible. Does that suffice for your records? Thank you,
Randy Ficarrotta
Wetland Scientist/Ecologist
5775 Glenridge Drive NE
Building B — Suite 585
Atlanta, GA 30328
d i 470.381.4234
o 1470.481.4512
m 1 678.358.9250
1

KLEINFELOER
3rvght People. Pfght Solutions.
From: Cohn, Colleen M <[e-mail]>
Sent: Tuesday, December 21, 2021 11:53 AM
To: Randy Ficarrotta <[e-mail]>; Barnes, Kyle W CIV USARMY CESAW (USA)
<[e-mail]>; Sara Duquette <[e-mail]>
Subject: RE: [External] RE: Phobos Solar, LLC. - Phase II
External Email
Hi Randy,
I want to make sure that I am understanding correctly. Are you requesting to withdraw the current application
(DWR20211271 Ver 1)? If you are withdrawing, I need a response that clearly states that you are withdrawing the
application for DWR records.
Thank you,
Colleen Cohn
Environmental Specialist II
North Carolina Department of Environmental Quality
Division of Water Resources
Raleigh Regional Office
380o Barrett Drive
Raleigh, NC 27609
Office: 919-791-4258
E-mail correspondence to and from this address may be subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Randy Ficarrotta <[e-mail]>
Sent: Tuesday, December 21, 2021 11:29 AM
To: Barnes, Kyle W CIV USARMY CESAW (USA) <[e-mail]>; Cohn, Colleen M
<[e-mail]>; Sara Duquette <[e-mail]>
Subject: RE: [External] RE: Phobos Solar, LLC. - Phase II
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That sounds like a reasonable plan, Kyle. Sorry for the back and forth. We'II submit a new PCN that captures the
complete request as soon as possible. Thank you,
Randy Ficarrotta
Wetland Scientist/Ecologist
5775 Glenridge Drive NE
Building B — Suite 585
Atlanta, GA 30328
2

d i 470.381.4234
o 1 470.481.4512
m 1 678.358.9250
�KLEINFELDER
aright oeopie. Tight Solutions.
From: Barnes, Kyle W CIV USARMY CESAW (USA) <[e-mail]>
Sent: Tuesday, December 21, 2021 9:46 AM
To: Randy Ficarrotta <[e-mail]>; Cohn, Colleen M <[e-mail]>; Sara Duquette
<[e-mail]>
Subject: RE: [External] RE: Phobos Solar, LLC. - Phase II
External Email
Randy,
At this point I feel it would be appropriate for Phobos Solar to withdraw the current request
and submit a new one with all of the information on one application. The Corps requires that
projects like this be submitted as a single and complete request. With all of the back and forth
with Danielle and the new information you have discussed, I'm having a hard time keeping
track of it all.
You should submit a new PCN with the fence crossings and the power line impacts or any
additional impacts proposed on one application. If you have questions please contact us pre -
submittal.
Kyle
From: Randy Ficarrotta <[e-mail]>
Sent: Monday, December 20, 2021 3:05 PM
To: Cohn, Colleen M <[e-mail]>; Barnes, Kyle W CIV USARMY CESAW (USA)
<[e-mail]>; Sara Duquette <[e-mail]>
Subject: [URL Verdict: Neutral][Non-DoD Source] RE: [External] RE: Phobos Solar, LLC. - Phase II
Good Afternoon Colleen,
I apologize for the time lapsed since your request for additional information (RAI). As you may have seen in my email to
Kyle below (I believe I copied you as well), there has been an unanticipated concern that the proposed underground
electrical line is no longer feasible due to subsurface conditions on site. I picked up this project right before Danielle was
going to send you her response to your RAI, and then was informed of the need to go aerial with the electrical line. I
wanted to make sure with you and Kyle that we are still ok to proceed under our original application (with revisions
based on the above situation) before submitting additional information, in order to capture everything needed and to
reduce our cumulative time spent submitting and reviewing documents. I'm waiting to hear back from Kyle with his
thoughts, but I'd appreciate hearing yours on the matter as well when you have a chance. Let me know if there is any
3

other information I can provide at this time and thank you again for your patience. Have a great day and I look forward
to hearing from you,
Randy Ficarrotta
Wetland Scientist/Ecologist
5775 Glenridge Drive NE
Building B — Suite 585
Atlanta, GA 30328
d i 470.381.4234
o 1 470.481.4512
m 1678.358.9250
KLEINFELDER
HngneP ,pr RgMSoiur .
From: Cohn, Colleen M <[e-mail]>
Sent: Thursday, December 16, 2021 12:04 PM
To: Randy Ficarrotta <[e-mail]>; Barnes, Kyle W CIV USARMY CESAW (USA)
<[e-mail]>; Sara Duquette <[e-mail]>
Subject: RE: [External] RE: Phobos Solar, LLC. - Phase II
External Email
Hello all,
Any updates on this and the response to the add info?
Thanks,
Colleen Cohn
Environmental Specialist II
North Carolina Department of Environmental Quality
Division of Water Resources
Raleigh Regional Office
380o Barrett Drive
Raleigh, NC 27609
Office: 919-791-4258
E-mail correspondence to and from this address may be subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Randy Ficarrotta <[e-mail]>
Sent: Wednesday, December 8, 2021 11:19 AM
To: Barnes, Kyle W CIV USARMY CESAW (USA) <[e-mail]>; Sara Duquette
<[e-mail]>
Cc: Cohn, Colleen M <[e-mail]>
Subject: RE: [External] RE: Phobos Solar, LLC. - Phase II
4

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Hello Kyle,
Thank you for forwarding the response from Colleen! I've been trying to familiarize myself as best I can with the
project's history to date and I believe I'm now mostly caught up on its status. I also apologize for any lapse in
communication during my transition onto the project, but I look forward to working with you and Colleen.
With that said, I believe what occurred since Colleen's request for additional information is that Danielle had put most of
her response together, when she received word that the Geotech crew now has concerns about subsurface conditions
on site precluding the use of HDD for the underground electrical cable line. The thought now is to go overhead with that
line, so I was going to bring that to your attention and see whether it is acceptable to modify our application to include
this detail, as well as any additional (though presumably minor) impacts to resources based on such. I'm waiting on
exhibits in order to determine the extent and locations of proposed overhead line resource crossings, but again I
thought it would be reasonable to bring this situation up now in order to establish an approach in moving forward.
If you could please let me know your thoughts on the implications of the above scenario, I'd greatly appreciate it. Thank
you in advance for your time and attention to this,
Randy Ficarrotta
Wetland Scientist/Ecologist
5775 Glenridge Drive NE
Building B — Suite 585
Atlanta, GA 30328
d i 470.381.4234
o 1470.481.4512
m 1 678.358.9250
KLEINFELDER
From: Barnes, Kyle W CIV USARMY CESAW (USA) <[e-mail]>
Sent: Wednesday, December 8, 2021 9:21 AM
To: Sara Duquette <[e-mail]>; Randy Ficarrotta <[e-mail]>
Cc: Cohn, Colleen M <[e-mail]>
Subject: FW: [External] RE: Phobos Solar, LLC. - Phase II
External Email
Sara and Randy,
5

As requested I am forwarding Colleen's response to Danielle's November 11th email. This email
is in response to a request for additional information regarding the fencing installation at the
Phobos Solar site. Let me know if you have any additional questions.
Kyle
From: Cohn, Colleen M <[e-mail]>
Sent: Monday, November 15, 2021 5:22 PM
To: Danielle Sank <[e-mail]>; Barnes, Kyle W CIV USARMY CESAW (USA)
<[e-mail]>
Subject: [Non-DoD Source] RE: [External] RE: Phobos Solar, LLC. - Phase II
Danielle,
I am reviewing the above referenced project, and in order to complete my review, some additional information is
required:
1. Multiple streams are depicted without buffers on the Wetland and Stream Impact Map -Overview included in the
response to the Request for Additional Information from the USACE. Please enumerate all riparian buffers as
overlays on the site plan. Please provide stream determinations for any stream features not subject to the Tar -
Pamlico Riparian Buffer Rules. [15A NCAC 02H .0502(a)(9)]
2. Impact maps do not differentiate between Zones 1 and 2 of the Tar -Pamlico Riparian Buffer. Please locate all of
the protected riparian buffers as overlays on the impact maps, clearly showing Zone 1 and Zone 2. [15A NCAC
02B .0611(b)(1(f)]
3. It appears that there is an additional fence crossing on sheet C-105 right under "Matchline Sheet C-102". Please
provide additional details on this fence crossing. [15A NCAC 02H .0502(c)]
4. Please provide an updated impact table that specifies the amount of fill and the amount of clearing for each
wetland impact. [15A NCAC 02H .0502(c)]
5. Please confirm that the applicant is requesting to change this submittal to a NWP 18.
6. Please provide an agent authorization letter delegating signature authority. A sample agent authorization letter
can be found on the USACE website. [15A NCAC 02H .0502(a)(11)]
Thank you,
Colleen Cohn
Environmental Specialist II
North Carolina Department of Environmental Quality
Division of Water Resources
Raleigh Regional Office
380o Barrett Drive
Raleigh, NC 27609
Office: 919-791-4258
E-mail correspondence to and from this address may be subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Danielle Sank [mailto:[e-mail]]
Sent: Thursday, November 11, 2021 4:25 PM
To: Barnes, Kyle W CIV USARMY CESAW (USA) <[e-mail]>; Cohn, Colleen M
<[e-mail]>
Subject: RE: [External] RE: Phobos Solar, LLC. - Phase II
6

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Hi Kyle,
Glad to hear we can make NWP 18 work to bypass the current hold on the 2020 NWPs. I'm sure that will make this go
smoother on both our ends :)
As requested, the total square footage of fill for the fence posts to be installed in wetlands are outlined below.
Information of the fill per post and number of fence posts to be installed was obtained from Attachment C — Fence Plan
Sheets from the RAI submittal. There were no wetlands at Fence Crossings 4 and 5 - fence posts will be installed within
the stream riparian buffers and along the stream banks outside of the OHWM.
Fill Per Fence Post: 'd' height x �.' diameter
Length of Fence
Crossing In Wetlands
)Linear Ft)
75
1c4
23
Typical Width Betty
Fence Posts (Ft)
10
10
10
No. Fence Posts To
Be Installed
10
2
Total
Total Fill (Sq. Ft,l
113.04
141.3
28.26
262.6
Thank you again for your coordination on this project!
Colleen — please let me know if you have any questions or need any follow-up information on your end.
Thanks!
Danielle Sank
Project Professional / Ecologist
9009 Perimeter Woods Dr., Suite E
Charlotte, NC 28216
(P) 443-618-0066
1 LK EINFELDER
Brighr Penple. F.gnr Sakifi01.
From: Barnes, Kyle W CIV USARMY CESAW (USA) <[e-mail]>
Sent: Wednesday, November 10, 2021 10:28 AM
To: Danielle Sank <[e-mail]>; Cohn, Colleen M <[e-mail]>
Subject: RE: [External] RE: Phobos Solar, LLC. - Phase II
External Email
Danielle,
Thank you for the follow up information. This clarifies how the fence will be installed and that
the vegetation will only be cut and maintained by cutting and no ground disturbing activities
will take place. The cutting isn't considered an impact with the Corps and the conversion is
7

minimal so I will not require mitigation because the wetland continues to function with
emergent vegetation. The only additional information I will need from you is the square
footage of fill associated with the fence post. Please give me the number of post within the
wetland at each crossing and the total amount of fill associated.
With this impact being so small I am changing the permit request to a Nationwide Permit #18.
If you haven't heard US Army Corps of Engineers HQ has placed a hold on issuing 16 permits
associated with Section 401 of the CWA that were renewed in 2020. NWP #51, of which you
requested to use for this project, is included in those 16. I can move forward with issuance
through the NWP #18 if you can get me the information indicated above. Also keep in mind
that this is only related to the Corps permit. You will need to continue to coordinate with the
DWR for impacts related to the protected riparian buffer. Let me know if you have any
questions.
Kyle
From: Danielle Sank <[e-mail]>
Sent: Friday, November 5, 2021 12:07 PM
To: Barnes, Kyle W CIV USARMY CESAW (USA) <[e-mail]>; Cohn, Colleen M
<[e-mail]>
Subject: [Non-DoD Source] RE: [External] RE: Phobos Solar, LLC. - Phase II
Hi Kyle/Colleen,
Please see the attached letter with the requested supplemental information. Apologies on the delay getting this back to
you, it took a while to get a response back from our client.
Please let me know if you have any questions or issues uploading the doc.
Thanks!
Danielle
Danielle Sank
Project Professional / Ecologist
9009 Perimeter Woods Dr., Suite E
Charlotte, NC 28216
(P) 443-618-0066
KLiC EINFELL)ER
Bnght People_ Right Sd rtienc
From: Barnes, Kyle W CIV USARMY CESAW (USA) <[e-mail]>
Sent: Wednesday, September 29, 2021 2:09 PM
8

To: Cohn, Colleen M <[e-mail]>; Danielle Sank <[e-mail]>
Subject: RE: [External] RE: Phobos Solar, LLC. - Phase II
External Email
Danielle,
I'm good with either submittal format as long as it works with Colleen and doesn't cause issues
with DWR's database.
Kyle
From: Cohn, Colleen M <[e-mail]>
Sent: Wednesday, September 29, 2021 8:48 AM
To: Danielle Sank <[e-mail]>; Barnes, Kyle W CIV USARMY CESAW (USA)
<[e-mail]>
Subject: [Non-DoD Source] RE: [External] RE: Phobos Solar, LLC. - Phase II
Hi Danielle,
I believe you can use that form, but you can also CC me on any supplemental information you submit to Kyle via email. I
can then upload the emailed supplemental information into DWR's online database when I review the project.
Thanks,
Colleen Cohn
Environmental Specialist II
North Carolina Department of Environmental Quality
Division of Water Resources
Raleigh Regional Office
380o Barrett Drive
Raleigh, NC 27609
Office: 919-791-4258
E-mail correspondence to and from this address may be subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Danielle Sank [mailto:[e-mail]]
Sent: Wednesday, September 29, 2021 6:21 AM
To: Barnes, Kyle W CIV USARMY CESAW (USA) <[e-mail]>
Cc: Cohn, Colleen M <[e-mail]>
Subject: [External] RE: Phobos Solar, LLC. - Phase II
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Hi Kyle,
Just wanted to provide an update following our conversation last Friday - I have reached out to our client to confirm
their long-term maintenance plans for the fence crossings at the wetland and stream areas. Once I hear back, I'll work to
9

submit a supplemental information request with the detailed impact maps, and additional BMP and
avoidance/minimization information as requested.
I believe you had said that the supplemental request needed to be submitted through DWR - could you please confirm if
this is the correct submittal and that I would want to check the "More Information Response" ? The DWR contact for this
project is Colleen Cohn. Once submitted, would Colleen forward the submittal to you?
New Submission (nc.gov)
Thank you!
Danielle
Danielle Sank
Project Professional / Ecologist
9009 Perimeter Woods Dr., Suite E
Charlotte, NC 28216
(P) 443-618-0066
KLE/NFELDER
Bright People. Night Sokokra
From: Barnes, Kyle W CIV USARMY CESAW (USA) <[e-mail]>
Sent: Thursday, September 23, 2021 11:00 AM
To: Danielle Sank <[e-mail]>
Cc: Cohn, Colleen M <[e-mail]>
Subject: RE: Phobos Solar, LLC. - Phase II
External Email
Danielle,
I left you a message on your voicemail today to discuss this project further. I am reviewing the
information and the impact zones are not clear on the maps. You submitted a large set of
plans and we need to define the specific sites. Additionally I need to know why the crossings
need to be cleared and grubbed. On other sites I have been involved with fence installation
was performed in jurisdictional areas by cutting the pathway and only disturbing the
jurisdictional areas with the poles leaving the root mat intact. The only impact would be the
pole and conversion of the wetland. Please let me know when you would be available to
discuss this project. Thank you.
Kyle
From: Danielle Sank <[e-mail]>
Sent: Wednesday, September 15, 2021 3:45 PM
To: Barnes, Kyle W CIV USARMY CESAW (USA) <[e-mail]>
Subject: [Non-DoD Source] RE: Phobos Solar, LLC. - Phase II
10

Hi Kyle,
Yes, for both the wetland and stream crossings the applicant proposes to mechanically clear trees and shrubs just within
the 10 ft wide corridors (impact areas) which would give them enough clearance for the fence installation equipment.
The majority of the fencing will sit at ground level, except for the fence posts which will be stabilized by concrete and
will incur permanent impacts. For the stream crossings, the fence posts will be installed along the stream banks and
outside of the OHWM and the pre -construction elevations will be maintained. Between fence posts, the fencing will
cross parallel to the stream bank elevations and sit above the stream channel as not to obstruct downstream
flow. Following the installation, it's assumed that the fence corridors will be annually maintained with tree/shrub
removal but still allow for natural recruitment of herbaceous vegetation in order to maintain soil stability in the area.
My sincere apologies for the missing info, but I hope this has helped you with your review. Please let me know if you
have any other questions moving forward.
Thank you!
Danielle Sank
Project Professional / Ecologist
9009 Perimeter Woods Dr., Suite E
Charlotte, NC 28216
(P) 443-618-0066
I� LK EINFELDER
Bnghr People. R.gln Somionm.
From: Barnes, Kyle W CIV USARMY CESAW (USA) <[e-mail]>
Sent: Wednesday, September 15, 2021 1:07 PM
To: Danielle Sank <[e-mail]>
Subject: Phobos Solar, LLC. - Phase II
External Email
Danielle,
I'm the Corps agent reviewing the PCN you submitted for the subject project in Nash County.
Within the project description I didn't see the proposed installation methodology. Within the
areas that the fencing will be crossing jurisdictional waters and wetlands will the applicant be
mechanically clearing the project area?
Kyle Barnes
Regulatory Project Manager
US Army Corps of Engineers
Wilmington District
Washington Field Office
910-251-4584
11

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