20220790 Ver 1_WRC Comments_20220614

Staff Review Form
NORTH CAROLINA
Envlronm¢ntcl Qvofiry
Updated September 4, 2020
Staff Review
Does this application have all the attachments needed to accept it into the review process?*
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ID#*
20220790
Version* 1
Is this project a public transportation project?*
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• No
Reviewer List: * Paul Wojoski:EADS\pawojoski
Select Reviewing Office: * Central Office - [phone]
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Project Submittal Form
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mandatory questions are answered.
Project Type: *
For the Record Only (Courtesy Copy)
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DCM Comments DCM Permit
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Project Contact Information
Name: Maria Dunn
Who is submitting the information?
Email Address: [e-mail]
Project Information
Existing ID #:
20220790
20170001 (no dashes)
Project Name: Timbermill Wind
Is this a public transportation project?
Yes
No
Existing Version:
1
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
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County (ies)
Chowan
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USACE_Timbermill LLC_NCWRC.pdf 139.2KB
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• I, the project proponent, hereby certifies that all information contained herein is true, accurate, and complete to the
best of my knowledge and belief.
• I, the project proponent, hereby requests that the certifying authority review and take action on this CWA 401
certification request within the applicable reasonable period of time.
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Statutes (the "Uniform Electronic Transactions Act");
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> North Carolina Wildlife Resources Commission
MEMORANDUM
TO:
Cameron Ingram, Executive Director
Anthony Scarbraugh
Washington Regulatory Field Office
US Army Corps of Engineers
FROM: Maria T. Dunn, Coastal Coordinator
Habitat Conservation Division
DATE: May 28, 2022
SUBJECT: Public Notice for Timbermill Wind, LLC, Chowan County, North Carolina.
SAW-2021-00056
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the April 28,
2022 public notice and referenced materials with regard to impacts on fish and wildlife resources. Our
comments are provided in accordance with provisions of Sections 401 and 404 of the Clean Water Act, as
amended, the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), the Fish and
Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.) and the Migratory Bird
Treaty Act.
Timbermill Wind, LLC (Timbermill) is seeking authorization to impact wetlands and jurisdictional water
bodies associated with the construction of a wind facility consisting of 45 turbines and their infrastructure.
Infrastructure includes temporary construction access needs (roads and laydown yards), permanent access
roads to each turbine, underground and overhead electrical lines, substation facilities, switching station,
maintenance facility, temporary batch plant, meteorological tower and 6.1 miles of transmission line to
interconnect the facility to Virginia Electric and Power Company via Dominion Energy North Carolina's
existing Winfall to Mackeys transmission line. To facilitate the construction of the project, the applicant
requests to temporarily impact 187.68 acres of wetlands, 0.15 acre of stream and 5.16 acres of
jurisdictional tributaries (ditches). In addition to temporary impacts, permanent impacts after project
completion include 27.03 acres of wetlands, 0.03 acre of stream, and 0.54 acre of jurisdictional stream
(ditches) within the 1,933-acre project site. The region surrounding the project area is generally known as
Bear Swamp. This area has been hydrologically modified to drain so as to allow agricultural and
silvicultural practices. The site drains to Goodwin Creek to the northeast and east and to Pollock Swamp
to the west. The soil type is dominated by hydric soils or are soils that include hydric components
considered prime farmland and farmland of statewide importance. The main habitat types found within
the project area during wetland delineation were managed pine plantations, agricultural areas, hardwood
and mixed forests, and recently harvested timber areas.
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

Page 2
Timbermill engaged state and resource agencies years ago to begin the scoping process for this project.
The applicant considered seven alternate site locations to address avoidance and minimization of impacts
and has proposed several onsite design features to address concerns raised during multiple coordination
efforts. These design features are referenced within the public notice and address reduction of project
footprint within wetlands, site hydrology, crossing of wetlands and jurisdictional water bodies,
sedimentation and erosion control BMPs, clear demarcation of sensitive habitat areas, buffers, and site
remediation plans. To compensate for unavoidable wetland impacts, Timbermill proposes to purchase 34
wetland credits and 169 stream credits from the Great Dismal Swamp Restoration Bank — Timberlake
Farm and/or the Hidden Lake Mitigation Bank to mitigate for 48.56 acres (21.53 acres of conversion and
27.03 acres of permanent) wetland impacts and 169' permanent stream functional losses.
The NCWRC has consulted with the applicant and several state and federal agencies throughout the
scoping process prior to permit application submittal. These efforts have resulted in several studies, data
presentations, and design modifications to help address concerns with potential project impacts to fish and
wildlife resources.
To determine the presence of bat species within the project area, Timberbmill contracted WEST to
conduct mist -net surveys from July 25 — August 6, 2021. The results of these efforts included the capture
of 160 bats that included eastern red bats, evening bats, big brown bats, tri-colored bats, southeastern bats,
Mexican free -tailed bats, and a Seminole bat. While not captured within the project area, northern long-
eared bats and Rafinesque's big -eared bat are also found within Chowan County. The northern long-eared
bat and Rafinesque's big -eared bat are both listed by the US Fish and Wildlife Service (USFWS) as
threatened under the Endangered Species Act (ESA). The northern long-eared bat is currently under
consideration by the US Fish and Wildlife Service to be reclassified from threatened to endangered. The
southeastern and tri-color bats are also species of concern for North Carolina and all bat species provide
important functions in pollination and insect control. The NCWRC understands Timbermill is currently
developing a Post -Construction Monitoring Plan and Bird and Bat Conservation Strategy. We are
interested in reviewing these documents along with the USFWS as soon as they become available to
ensure measures are in place to monitor and potentially remediate or mitigate if operation of the facility is
detrimental to certain populations. Additional comments and recommendations may be provided at that
time that include operational avoidance and minimization measures such as curtailment or placing certain
turbines offline if they are particularly detrimental to populations.
In addition to the concerns with bat conservation, the NCWRC would like the applicant to engage with
the USFWS regarding measures to protect and minimize interactions with bald eagles and golden eagles.
Eagle nests have been found within the protect area. We support the USFWS's recommendation to
Timbermill to apply for an Eagle Incidental Take Permit and take necessary measures to minimize
interactions.
The NCWRC also recommends a Post -Construction Monitoring Plan to monitor and understand
interactions with migratory and resident avian species in general. Detailed comments on this plan would
be provided by our agency once submitted by the applicant.
In conclusion, the NCWRC has reviewed the public notice and while we are waiting for several additional
plans for review, we do not foresee objection to the project if those plans detail means to avoid, minimize,
monitor, and potentially mitigate impacts to wildlife resources. Continued coordination with resource
agencies is encouraged after operation begins. While there are significant acreages of wetland impacts on
site, reasonable mitigation is proposed, though a commitment to not impact additional wetlands for
project development or operation would be appreciated.

Page 3
Thank you for the opportunity to provide comments during this public notice. We understand other
documents are forthcoming and look forward to reviewing those documents and providing comments as
appropriate. The NCWRC will also review and provide comment during the state of North Carolina's
permit application review process. If there are any comments, questions, or concerns please do not
hesitate to contact me at maria.dunnga,ncwildlife.org or 252-948-3916.