20181148 Ver 3_Kelford Solar Restoration Project_Baseline Monitoring Report_20230815

L.
Kelford Solar Restoration Project
Baseline Monitoring Report
Bertie County, NC
Roanoke River Basin
(Cataloging Unit #03010107)
Prepared for:
SunEnergyl
192 Raceway Drive
Mooresville, NC 28117
Prepared by.•
LMG
LAND MANAG EM ENT GROUP -
E,O'o-ell0f co, f010-f%
Wilmington, N.C.
May 2017

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 (Baseline)....................................................................................3
A. VEGETATION MONITORING.......................................................................................................3
5.0 CONCLUSION..............................................................................................................................5
Figure 1.
Figure 2
Table 1 .
Table 1A
Appendix A
Appendix B
LIST OF FIGURES, TABLES, AND APPENDICES
................................................................. Impact Map
............................................... Planting Area/Plot Map
.. Annual Monitoring Data Sheets, Baseline — Planted
Annual Monitoring Data Sheets, Baseline — Volunteer
.......... Site Photographs
Agency Correspondence

1.0 EXECUTIVE SUMMARY
On behalf of SunEnergyl, Land Management Group (LMG) has completed baseline monitoring of
the Kelford Solar Site (-270.9 acres) located approximately 0.15 miles north of the intersection of
SR 1134 (Griffins Quarter Road) and NC Highway 308 (Governors Road) near the town of Kelford,
Bertie County, NC. The Kelford Solar Site restoration project consists of five (5) areas totaling 38
acres of land consisting of a wet hardwood flat wetland system in the Roanoke River Basin (USGS
8-digit Hydrologic Unit 03010107; DWQ Subbasin 03-02-10). The following Baseline Monitoring
Report (AMR) is specific to the 38 acres that were impacted via mechanized land clearing.
Planting of these areas was completed on March 3rd, 2017. Restoration work included planting of
characteristic non -riparian wet hardwood flat tree seedlings.
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. Following
the completion of the site planting, a total of eight (8) permanent 0.10 acre plots were established
throughout the planted 38 acre restoration areas.
Baseline monitoring was conducted over two days in April 2017 at each of the eight (8) plots. A
total of 352 individuals of the planted species were counted throughout the eight (8) plots, which
correlates to an average of 440 stems/acre within the project area (Table 1). Site photographs
documenting the site planting and baseline monitoring are included in Appendix A.
2.0 PROJECT OVERVIEW
On April 28th, 2015, SunEnergyl received a Notice of Violation and Recommendation for
Enforcement (NOV-2015-PC-0078) from the North Carolina Division of Water Resources (DWR)
for a Wetland Standard Violation and failure to secure a 401 Water Quality Certification.
Unauthorized activities included the excavation, grading, grubbing, and clearing of jurisdictional
wetlands during the on -site land clearing for the installation of a solar facility. On June 10, 2015, a
written response and Restoration Plan was submitted to NCDWR as a follow-up to address
Kelford Solar Restoration Project 1
Baseline —Monitoring Report

unauthorized impacts to jurisdictional wetlands. On July 17th, 2015, NCDWR issued a letter
approving the Restoration Plan and set a date of January 1, 2016 as the deadline for restoration
completion. Due to project delays, bad weather, and lack of acceptable tree stock, the completion
date was granted an extension until March 15th, 2017. On June 7th, 2016 a letter was written to
Kyle Barnes to notify the US Army Corps of Engineers of the redistributing of the graded stumps
and establishment of groundcover. Site planting of the 38 acre restoration area was initiated on
March 3rd, 2017. Refer to Figure 1 for a depiction of the five (5) restoration areas. Restoration
activities included planting of characteristic non -riparian wet hardwood flat trees. Planting was
completed on March 4th, 2017. 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 Kelford Solar site includes an assessment of the conditions
within each of the eight (8) permanent monitoring plots that have been established throughout the
project area (Figure 2).
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 (i.e. "suitable" or "desirable" 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. Therefore, suitable volunteers may be counted towards the established success
criteria upon discretion of the agencies.
The proposed success criteria for the restored areas of the Kelford Solar project area are:
Kelford Solar Restoration Project 2
Baseline —Monitoring Report

1. Demonstrated density of planted species to meet or exceed 320 trees per acre at the end
of three years (post -planting). The agencies may allow for the counting of acceptable
volunteer species toward the 320-tree per acre density upon the review and evaluation of
the annual monitoring data.
As stated in the restoration plan, a mixture of oak species and understory tree species were
planted as part of the restoration effort. Planted trees include species of: (1) swamp chestnut oak
(Quercus michauxii), (2) cherrybark oak (Quercus pagoda), (3) laurel oak (Quercus laurifolia), (4)
river birch (Betula nigra), and (5) ironwood (Carpinus caroliniana).
4.0 MONITORING RESULTS (Baseline)
A. Vegetation Monitoring
A total of 352 individuals of the planted species were counted throughout the eight (8) plots, which
correlated to an average of 440-stems/acre within the project area (Table 1). The observed number
for Baseline monitoring is well above the required 320-stems/acre at the end of the third year (post -
planting). Cherrybark oak (Quercus pagoda) was the most abundant woody species, with a total of
111 individuals. Other planted species such as swamp chestnut oak (Quercus michauxii), and river
birch (Betula nigra) were also prevalent within the monitored plots.
In addition to the planted species, numerous volunteers were also observed within each plot. A
majority of these individuals were representative of the target vegetative communities, including
river birch, sweet pepper bush (Clethra alnifolia), and highbush blueberry (Vaccinium
corymbosum). 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 target wet hardwood flat wetland community.
Kelford Solar Restoration Project 3
Baseline —Monitoring Report

TABLE 1. ANNUAL MONITORING DATA SHEET (Baseline) - PLANTED
SPECIES
PLOT 1
PLOT 2
PLOT 3
PLOT 4
PLOT 5
PLOT 6
PLOT 7
PLOT 8
TOTAL
Betula nigra
1
10
0
11
22
5
31
1
81
(River Birch)
Quercus laurifolia
6
14
7
2
6
5
0
6
46
(Laurel Oak)
Quercus pagoda
23
12
27
6
0
24
5
14
ill
Cherr bark Oak
Quercus michauxii
21
4
2
22
6
4
3
28
90
(Swamp Chestnut Oak)
Carpinus caroliniana
0
1
10
3
2
2
4
2
24
Ironwood
TOTAL
51
1 41
1 46
1 44
1 36
1 40
1 43
1 51
1 352
TABLE IA. ANNUAL MONITORING DATA SHEET (Baseline) —
VOLUNTEERS*
SPECIES
PLOT 1
PLOT 2
PLOT 3
PLOT 4
PLOT 5
PLOT 6
PLOT 7
PLOT 8
TOTAL
Betula nigra
0
0
0
0
33
0
0
0
33
(River Birch)
Quercus laurifolia
0
0
0
0
2
0
0
0
2
(Laurel Oak)
Quercus pagoda
0
0
0
0
0
0
0
1
1
(Cher bark Oak)
Cyrilla racemiffora
0
0
0
2
0
0
0
0
2
(Titi)
Magnolia virginiana
0
0
1
1
0
0
0
1
3
(Sweet Bay)
Clethra alnifolia
0
0
0
5
1
40
0
0
46
(Sweet Pe erbush)
Vaccinium corymbosum
1
0
7
12
1
12
2
25
60
Hi hbush Blueberry)
Ulmus alata
0
1
0
0
0
0
0
0
1
(Winged Elm
Salix nigra
1
0
0
0
0
0
0
0
1
(Black Willow)
Liquidambar styraciflua
0
9
8
4
4
0
2
15
42
(Sweet Gum)
Pinus taeda
0
16
43
1
15
0
1
0
76
Lobloll Pine
Rhus copallinum
0
6
8
3
0
0
0
0
17
(Winged Sumac
Baccharis halimifolia
0
2
0
0
1
0
0
0
3
(Grounseltree)
Acer rubrum
0
0
0
0
0
0
5
0
5
(Red Maple)
TOTAL
1 2
1 34
67
1 28
1 57
52
1 10
1 42
1 292
* 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
Kelford Solar Restoration Project 4
Baseline —Monitoring Report

Of particular note during Baseline monitoring was the sustained densities of facultative wet
(FACW) and obligate (OBL) herbaceous vegetation within the plots. Herbaceous species
composition was dominated by characteristic wetland species such as beakrush (Rhynchospora
spp.), soft rush (Juncus effusus), sedge (Carex spp.), spike-rush (Eleocharis spp.), and bulrush
(Scirpus cyperinus). 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 Baseline monitoring event, each of
the 8 plots readily exceeded the minimum density success criterion (i.e. equal to 320 stems after
three years). The overall density and composition of planted and desirable volunteer species is
consistent with the target wetland community type. This diversity of species will likely continue
through the duration of the project due to the abundant native seed source and natural dispersal
patterns.
5.0 CONCLUSION
Based on the data collected in conjunction with the Baseline monitoring event, the site appears to
be progressing well towards the target wet hardwood flat community. Baseline plot monitoring
within the restored wet hardwood flat areas indicate that the trees have bud -burst and are
acclimating to their new planting areas. Average stem densities on all of the plots are sufficient to
meet the applicable success criteria. The 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 eight (8) plots exceeded the minimum success
criteria during the Baseline monitoring event.
Kelford Solar Restoration Project 5
Baseline —Monitoring Report

FIGURES

r►r
U I�EN �R C� Y1
KELFORD SOLAR, LLC
WETLAND IMPACT MAP
TOTAL IMPACTED AREA = 37.96 ACRES
i
r
i y
r i y
ri
ri r y y PINEY WOODS RD
WETLAND AREA 5
ACRES IMPACTED = 0.56
Pi
r�
y'
i WETLAND AREA 4
ACRES IMPACTED = 0.11
i/
i WETLAND AREA 3
r ACRES IMPACTED = 14
Yi
it
y
i Y
r i i
i
WETLAND AREA 6
ACRES IMPACTED = 0.49 tii y r
i
l�n i iy
\r
}
r
WETLAND AREA 2
ACRES IMPACTED = 22.52
GOVERNORS RD�
NOTE:
REMEDIATION WILL BE PERFORMED
IN ALL CLEARED AND GRUBBED AREAS
LEGEND
PROPERTY LINE
RIGHT-OF-WAY - - --
TREE LINE - - - - - - -
DELINIATED WETLAND
CLEARED AND GRUBBED AREA
cnvl®c uu.�-ter
Figure 1

TR.
� t
® - Planting Areas (-38-acres)
O - Plot Location (8- (0.10 ac) Plots)
Map Source: 2016 NC OneMap Aerial Photography
SCALE 1" = 800'
Kelford Solar
LMG
County, NC
LANBertie
E__, :,,�, Tt",n"
E n v,D MA "AGE coN I; O U
Figure 2
www.lmgroup.net
Planting Areas w/
April 2017
3806 Wrightsville Avenue
Plot Locations
LMG # 40-17-111
Wilmington, NC 28403
Phone:[phone] Fax:[phone]

APPENDIX A -
SITE PHOTOS

i
L,
View of planting crew loading trees
View of planting crew planting trees
Kelford Solar LMG
Restoration Project IA KA MANAGEM.ENYGAi7Gi'
Bertie Count NC — Appendix A:
Y� www.LMGroup.net Site Photographs
40-17-111 Phone: [phone] • Fax: [phone]
April 2017 3805 Wrightsville Ave
Wilmington, NC 28403

Wow
0"- M-M&A
View of planting crew planting trees
View of planting crew planting trees
Kelford Solar LMG
Restoration Project IANDMANAUEM�NTGROUP-
Bertie County, NC — .... Appendix A:
40-17-111 www.LMGroup.net Site Photographs
Phone: [phone] • Fax [phone]
April 2017 3805 Wrightsville Ave
Wilmington, NC 28403

Baseline monitoring: Plot 1
Baseline monotoring: Plot 2
Kelford Solar LMG
Restoration Project IA NA MANAUEMEN:GROUT'
Bertie Count NC — Appendix A:
Y� www.LMGroup.net Site Photographs
40-17-111 Phone: [phone] • Fax: [phone]
April 2017 3805 Wrightsville Ave
Wilmington, NC 28403

View of Ironwood in Plot 3
View of swamp chestnut oak in Plot 4
Kelford Solar LMG
Restoration Project IhKAMANAUEMEN:GROUP �-
,-mtnralionudrner, Appendix A:
Bertie County, NC �www.LMGroup.net
40-17-111 Phone: [phone] • Fax: [phone] Site Photographs
April 2017 3805 Wrightsville Ave
Wilmington, NC 28403

View of FACW/OBL herbaceous vegetation in Plot 6
� 1
!
View of cherrybark oak in Plot 7
Kelford Solar LMG
Restoration Project IhKAMANAUEMEN:GROUP �-
,-mtnlalionudrne!! Appendix A:
Bertie County, NC �www.LMGroup.net
40-17-111 Phone: [phone] • Fax: [phone] Site Photographs
April 2017 3805 Wrightsville Ave
Wilmington, NC 28403

View of cherrybark oak bud -burst and inundation in Plot 7
View of Plot 8
Kelford Solar LMG
Restoration Project IA NA MANAUEMEN:GROUT'
Bertie Count NC — Appendix A:
Y� www.LMGroup.net Site Photographs
40-17-111 Phone: [phone] • Fax: [phone]
April 2017 3805 Wrightsville Ave
Wilmington, NC 28403

APPENDIX B -
AGENCY CORRESPONDENCE

U.S. ARMY CORPS OF ENGINEERS
WILMiNGTON DISTRICT
ORM ID. SAW-2015-00691 County: Bertie
NOTIFICATION OF UNAUTHORIZED ACTIVITY
PERMIT NONCOMPLIANCE
Responsible Party: SUNENERGYI c/o Eric Schudt
Address: 192 Raceway Drive
Mooresville North Carolina 28117
Telephone Number: [phone]
Size and location of property (include waterbody, road name/number, town, etc.). The subject property
identified as Kelford Solar is a 73_acre portion of a 315 acre parcel located on the north side of NC
308, 3.5 Wailes west of the town of Lewiston Woodville in Bertie County, North Carolina.
Description of Unauthorized Activity/Permit Noncompliance: Unauthorized mechanized land clearin
and filling of jurisdictional wetlands in preparation of construction of a solar farm.
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 may be a
violation of federal law as specified above. We are currently working with your consultant to determine
the extent of the unauthorized work and to pursue options to bring your project into compliance. We
recommend that you immediately cease activities within jurisdictional areas until the existing work can be
brought into compliance with federal law. As you have been notified that the prior work is
potentially a violation of federal law, any further unauthorized work in waters or wetlands may be
considered an intentional violation of federal law. If you continue to work in waters and wetlands without
the required authorization, and/or fail to perform the requested remedial action, the Corps may take
further administrative action and may request the U.S. Attorney to file suit against you.
If you have an questions regarding this action or would like further information on the Corps of
Engineers Regulatory Program, please contact Me Barnes at [phone].
Remedial Action Requested Identifyjurisdictional areas and develop a plan to restore im acted
resources or pursue after the fact permits.
Your signature acknowledges receipt of this notification
Property Owner/ Responsible Party
Corps Regulatory Official Kk Date April 9, 2015

Pat McCrory Donald R. van der Vaart
Governor Secretary
April 28, 2015
CERTIFIED MAIL'##7014 0150 0000 7802 0401
SunEnergy 1, LLC
Attn: Mr. Kenny Habul
192 Raceway Drive
Mooresville, North Carolina 28117
Subject: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
NOV-2015-PC-0078
Kelford Solar
Failure to Secure 401 and
Wetland Standard Violation
Bertie County
Dear Mr. Habul:
This letter is to notify you that the Washington Regional Office of the Division of Water Resources (DWR) is
considering taking an enforcement action for violations observed during recent site visits by staff from the
DWR Washington Regional Office. On April 8, 2015, Anthony Scarbraugh of the DWR and Kyle Barnes of US
Army Corps of Engineers met with Jay Keller of Keller Environmental, David Harris, Tim Turner, Joe
Sossamon and Eric Schudt with SunEnergy 1, LLC and Bob Denton, contractors for Duke Energy Renewables
at the subject property located approximately 0.15 miles north.of intersection of SR 1134 (Griffins Quarter
Road) and NC Highway 308 (Governors Road) near the town of Kelford, Bertie County. An initial inspection
was conducted on February 23, 2015 by Mr. Scarbraugh and David May and a follow-up inspection was
conducted on April 1, 2015 by Robert Tankard and Mr. Scarbraugh of DWR. Messrs. Barnes, Keller, Schudt
of US ACE, Keller Environmental, and SunEnergy 1 were also onsite during the April 1, 2015 inspection.
During the most recent site inspections, the investigator observed impacts to jurisdictional wetlands from
the excavation, grading, grubbing, and clearing from land clearing activities resulting in approximately 30
aces of 401 wetland impacts.
As a result of the site inspections and file review, the following violations, detailed below, are noted:
(1) Failure to Secure a 401 WQC
(2) Wetland Standard violation
1) Failure to Secure 401 WQC
Division of Water Resources — Water Quality Regional Operations Section — Washington Regional Office
943 Washington Square Mall, Washington, NC 27889
Phone: [phone] Fax: [phone] Internet: w m.ncdenr,gov
An Equal OpportunitylAffirmative Action Employer — Made in part by recycled paper

Kelford Solar
Bertie County
Page 2 of 3
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 a Pre -construction Notification has not been received by the
Division of Water Resources for this project and that a 401 Water Quality Certification has not been issued.
A Pre -Construction Notification submitted to DWR is required prior to the above -mentioned impacts
pursuant to 15A NCAC 2H .0500.
2) Wetland Standard Violation (15A NCAC 02B .0231)
The excavation, grading, grubbing and clearing of jurisdictional wetland during the on -site land disturbing
activities represents violations of 15A NCAC 02B .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 30 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 items:
1. Please explain when construction (excavation, grading, grubbing, and clearing) began at the site.
2. Please clearly explain why appropriate 401 Water Quality Certification and a 404 Permit were not
secured.
3. 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.
4. 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.

Kelford Solar
Bertie County
Page 3 of 3
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 January 1, 2026.
5. 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 sending a recommendation for enforcement
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.S. 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, the degree and extent of harm to the environment and
the duration and gravity of the violation(s) 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,
Robert Tankard, AssistaYRgional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
cc: Shelton Sullivan — 401 & Buffer Permitting Unit
WaRO Files
Kyle Barnes — US ACOE- Washington Office (via e-mail)
Pat McClain — DELMR WaRO (via e-mail)
Jay Keller — Keller Environmental, LLC,
7291 Haymarket Lane, Raleigh, NC 27615
Eric Schudt — SunEnergy 1, LLC (via email)

KE
KELLER ENVIRONMENTAL
ENVIRONMENTAL CONSULTANTS
Mr. Robert Tankard
Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
943 Washington Square Mall
Washington, NC 27889
Re: Kelford Solar
Bertie County, North Carolina
Notice of Violation Remediation
NOV-2015-PC-0078
Dear Mr. Tankard and Mr. Barnes:
Mr. Kyle Barnes
Regulatory Specialist
Washington Regional Office
US Army Corps of Engineers
2407 West Fifth Street
Washington, NC 27889
June 9, 2015
Thank you for meeting with us on April 1 and 8, 2015. 1 am responding on behalf
of Duke Energy Renewables and SunEnergy1 concerning remediation of the impacted
jurisdictional wetland areas. As a result of our site meetings and subsequent
communication and correspondence, we have outlined the recommended course of
action below.
Jurisdictional Wetland Remediation and Plantings:
There are five (5) jurisdictional wetland areas (WA) that were impacted by non -
authorized mechanical grubbing activities. They include part of WA-3 and all of WA-2,
WA-4, WA-5, and WA-6. Keller Environmental staff recommends conducting the
following activities this summer and fall to remediate these areas.
• Carefully spread the grubbed material evenly over the impacted areas utilizing
mechanical equipment.
• Install approximately 16,500 bare -root hydrophytic tree species in the approximately
38-acre impact area. These 500 trees per acre should achieve the required 320
trees per acre at 5-years.
• Since there is an abundant seed source of tree species immediately to the south,
this should further contribute to the vegetative success.

Kelford Solar
NOV Remediation
June 6, 2015
Page 2 of 3
• Tree species will include the following native terminal forest species.
0 1 oak species
0 1 understory tree or shrub
o No red maple (Ater rubrum) or sweetgum (Liquidambar styraciflua)
• Install the trees/shrubs randomly to mimic a natural forest.
• At least five (5) species will be used with no species compromising more than
35% of the trees planted.
• Tree/shrub species will be obtained from a similar physiographic region.
Jurisdictional Wetland Seedin
KE staff will uniformly broadcast the following wetland seed mix at an approximate rate
of 10# per acre throughout the 38-acre jurisdictional wetland area. KE staff will monitor
the germination to ensure that it properly germinates. Additional seeding will be
conducted, if needed, after communication with involved parties concerning
subsequent seeding modifications.
Botanical Name
Common Name
Percent
Elymus riparius
Riverbank wild rye
20
Agrostis stolonifera
Creeping bentgrass
15
Carex vulpinoidea
Fox sedge
12
Panicum virgatum
Switchgrass
15
Poa palustris
Fowl bluegrass
15
Dichanthelium clandestinum
Deer tongue
8
Bidens aristosa
Bidens
7
Juncus effusus
Soft rush
4
Sagittaria latifolia
Duck potato
2
Saururus cernuus
Lizards tail
2
100

Kelford Solar
NOV Remediation
June 6, 2015
Page 3of3
Planting Schedule
The plantings will be conducted in the first half of November of 2015, weather permitting.
risdictional Waters Monitori
To ensure the success of these jurisdictional waters restoration, KE staff will monitor the
restoration areas at least quarterly during 2015 and annually during 2016-19. An annual
photographic record report will be provided to involved parties in November of 2015-18
and final in 2019. A final site inspection will be conducted in September 2019 with
involved parties.
We recommend reconvening when these proposed remediation activities are
successfully completed. Upon successful remediation, we are requesting written
approval of the corrective measures and being in compliance with the violated water
quality rules. If you should have questions or require additional clarification during the
review please feel free to contact me immediately at [phone] or email-
jA)[e-mail]
Sincerely,
Keller Environmental, LLC
Jay Keller
Principal
Cc: Vanessa Goff; Duke Energy Renewables
Kenny Habul, CEO; SunEnergyl
Attachments:
• April 28, 2015 NCDENR NOV
• June 9, 2015 Jurisdictional Survey
• June 9, 2015 Wetland Impact Exhibit

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
Washington Regulatory Field Office
2407 West 5"' Street
Washington, North Carolina 27889
9�f0 STATES O� ��PIN REPLY REFER'62
July 13, 2015
Regulatory Division
Action ID: SAW-2015-00691
Mr. Eric Schudt
SUNENERGY 1
192 Raceway Drive
Mooresville, North Carolina 28117
Dear Mr. Schudt:
Please reference the Notification of Unauthorized Activity Permit Noncompliance
correspondence issued to you on April 9, 2015, for the unauthorized mechanized land clearing and
filling activities you undertook within jurisdictional waters and wetlands on your property
identified as Kelford Solar located on the north side of NC 308 approximately 3.5 miles west of the
town of Lewiston Woodville in Bertie County, North Carolina. This letter also confirms our April
1, 2015 and April 8, 2015 meeting and subsequent receipt of your restoration plan entitled,
SunEnergyl Solar Site Near Kelford, NC (Restoration Plan), dated June 10, 2015.
The subject activities you have undertaken within waters and wetlands on your property
without the prior approval of this office in the form of a Department of the Army permit,
constitute violations of Section 301 of the Clean Water Act (33 USC 1311). As you agreed, you
are to cease and desist from any further unauthorized work within waters and wetlands.
Review of the subject Restoration Plan and jurisdictional determination revealed that you have
made the requested revisions and it is now acceptable. Accordingly, you are to begin the remedial
actions as described in the Restoration Plan. Prior to beginning the implementation of the
restoration plan you must contact Mr. Kyle Barnes of my staff at telephone [phone] to
schedule a prescribed preconstruction meeting.
Failure to comply with this directive may result in referral to the United States Attorney with
a recommendation for appropriate action.
Thank you for your time and cooperation. If you have any questions, please contact Mr.
Barnes at the Washington Regulatory Field Office, telephone [phone]. The Wilmington
District is committed to providing the highest level of support to the public. To help us ensure

we continue to do so, please complete the Customer Satisfaction Survey located at our website
at http://regulatory.usacesurvey.com/.
Sincerely
7/13/2015
x Kyle W. Barnes
Kyle W. Barnes
Kyle W. Barnes
Regulatory Specialist
Washington Regulatory Field Office
E copies Furnished:
Mr. Robert Tankard, NCDENR-DWR
Mr. Anthony Scarbraugh, NCDENR-DWR
Mr. Patrick McClain, NCDENR-LQS

P
C *4E
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
July 17, 2015
CERTIFIED MAIL. #7015 0640 0007 2358 9147
SunEnergy 1, LLC
c/o Mr. Eric Schudt
192 Raceway Drive
Mooresville, North Carolina.28117
Subject: Restoration Plan
NOV-2015-OP-0078
Kelford Solar
Failure to Secure 401 and
Wetland Standard Violation
Bertle County
Dear Mr. Schudt:
Donald R. van tier Vaart
Secretary
On June 10, 2015, the Division of Water Resources (DWR) received a written response to NOV-2015-OP-
0078 for subject property located approximately 0.15 miles north of intersection of SR 1134 (Griffins
Quarter Road) and NC Highway 308 (Governors Road) near the town of Kelford, Bertie County. The
response outlines a proposed plan of action to address unauthorized impacts to jurisdictional wetlands
associated with onsite development. activities. As part of this response, a wetland restoration plan was
provided for approval. The restoration plan indicated that grubbed material will be carefully spread evenly
over the impacted areas utilizing mechanical equipment and 16, 500 bare. root hydrophytic tree species
(WI th a minimum of S species) will be planted on the 38-acres of impacted wetlands. In addition, the plan
Indicates that a wetland seed mix will be spread over the impacts area at a rate of 10 pound per acre. The
plan also indicates that monitoring will occur on at least a quarterly basis for the remainder of 2015 and
annually during 2016-2019.
By copy of this letter, your restoration plan is approved and wetland restoration acthdtles should be
completed by January 1, 2016. Please note, a written annual monitoring report shall be submitted on
June 1 of each year for a three-year period after the restoration to document that the trees have
survived
Please contact the DWR personnel indicated below after completing the above -mentioned scopes of work
so a site visit can be scheduled to verify that restoration is complete.
This Office appreciates your attention to this matter and efforts to resolve the above noted violations.
Should you have any questions regarding these matters, please contact Anthony Scarbraugh at (252) 948'
3924.
Division -of Water Resources- Water Quality Regional Operations Section - Washington Regional Office
943 Washington Square Mail, Washington, NG 27689
Phone: [phone] Fax: [phone] Internet: www,nrdenr.goov
An Equal Opport=4 tAfflnnaflve Aallan Employer— Made in part by renyded paper

Kelford solar
Bertie County
Page 2 of 2
Sincerely,
Robert Tankard,_ Assistant egional.Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
cc: ' WaRO Files
Shelton Sullivan -- 401 & Buffer Permitting Unit
Kyle Barnes — USACE Washington Office
Pat McClain -- DEMLR WaRO

Scarbrau h, Anthon
From: Eric Schudt <[e-mail]>
Sent: Friday, July 01, 2016 4:16 PM
To: Scarbraugh, Anthony
Subject: Kelford planting delay
Attachments: Kelford ACOE planting delay letter(1).pdf
Anthony,
Attached is the letter I sent to Kyle. As we discussed yesterday, we are asking for a delay until November so that the stock will
be available and the trees are more likely to survive.
Thanks and have a good weekend.
Eric Schudt
i-vivw>f�Naa Ii-1 4:4:�H r-1€=rxc; rf-ii._ fi"-."V4
Eric Schudt I Environmental Civil Engineer
0: [phone] 1 F: [phone] 1 M: [phone]
6750 NC Highway 30 East, Bethel, NC 27812
www.sunenergyl.com I [e-mail]
CONFIDENTIALITY NOTICE: This email message and any attachments are intended only for the person ore ntity 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.

5UME=—hlL--1- 1
June 7, 2016
Mr. Kyle Barnes
U.S. Army Corp of Engineers
Washington Regional Office
2407 West Fifth St.
Washington, NC 27889
RE: SunEnergyl Solar Site near Kelford, NC.
Mr. Barnes,
REGENEDINCDENRloWR
JUL Y Z016
Water ouality R99to"'
Ww1146,n flogtonei oSiio4
As you are aware, SunEnergyl has been trying to rectify and mitigate the problems at our site near
Kelford. Unfortunately, the initial step of redistributing the stumps was delayed due to the unusually wet
conditions and a desire to not impact the area more by moving heavy machinery across the soft, wet
ground. The work is now complete as you saw during your site inspection. Ground cover has been
established.
The delay, however, has made it extremely difficult to find sufficient quantities of vegetation to finish the
planting. The nurseries are recommending we don't move forward until November and won't warranty
their work or stock.
We would like to delay planting until November, 2016. We realize that extends the date that monitoring
would be required. Please let us know how you would like us to proceed.
If you have any questions, please feel free to contact me.
Sincerely,
Eric Schudt
[phone]
[e-mail]
192 Ftacewa Dri a MOOT ail 28 • P o4.fiB2.o 7& •info nSurtPnergyl.com

Scarbraugh, Anthony
From:
Scarbraugh, Anthony
Sent:
Tuesday, July 05, 2016 8:52 AM
To:
'Eric Schudt'
Cc:
Kyle Barnes, Tankard, Robert
Subject:
RE: Kelford planting delay
Mr. Schudt,
Per your extension request received via email on July 1, 2016, this Office will extend the restoration deadline till
November 30, 2016 due to potential for high mortality from replanting within the growing season.
Thanks,
Anthony Scarbraugh
Anthony Scarbraugh
Environmental Senior Specialist
Division of Water Resources — Water Quality Regional Operations
Department of Environmental Quality
252 948 3924 office
[e-mail]
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: Eric Schudt[mailto:[e-mail]]
Sent: Friday, July 01, 2016 4:16 PM
To: Scarbraugh, Anthony <[e-mail]>
Subject: Kelford planting delay
Anthony,
Attached is the letter I sent to Kyle. As we discussed yesterday, we are asking for a delay until November so that the stock will
be available and the trees are more likely to survive.
Thanks and have a good weekend.

Eric Schudt
surrr� ��Irt
LiP°ID�R+�--� Inl �gMM�RGr-�1.. �i[al-..Rli
Eric Schudt ( Environmental Civil Engineer
0: [phone] J F: [phone] j M: [phone]
6750 NC Highway 30 East, Bethel, NC 27812
www.sunener yp 1.com j [e-mail]
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.

From: Scarbrauah, Anthony
To: Wes Fryar
Cc: "Eric.schudt(absunenerayl.com"; Rob Moul; Kyle Barnes
Subject: RE: SunEnergy - Amended Kelford Planting List
Date: Wednesday, December 21, 2016 3:10:41 PM
Attachments: imaae002.ioa
imaae003.ona
imaae004.ona
Wes,
After review of the amended planting plan, this Office approves plan with the modifications. Please
note, the required planting will need to be completed on or before March 15, 2017.
Thanks,
Anthony Scarbraugh
Anthony Scarbraugh
Environmental Senior Specialist
Division of Water Resources — Water Quality Regional Operations
Department of Environmental Quality
252 948 3924 office
[e-mail]
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: Wes Fryar [mailto:[e-mail]]
Sent: Wednesday, December 21, 2016 3:03 PM
To: Scarbraugh, Anthony <[e-mail]>
Cc:'[e-mail]' <[e-mail]>; Rob Moul
<[e-mail]>; Kyle Barnes <[e-mail]>
Subject: SunEnergy - Amended Kelford Planting List
Hi Anthony,
Thanks for the feedback. After our talk this afternoon I have amended the planting list to replace the

bald cypress and black gum with cherrybark oak and have replaced the wax myrtle with Ironwood
(see amended list below). My initial thoughts on including the bald cypress and black gum were to
plant these in the lower inundated areas because we know oaks will typically show high mortality in
inundated areas. If next year is a wet year these inundated areas could die out and will just have to
rely on natural species recruitment. I plan on getting the trees ordered today or tomorrow and will
confirm when we have a planting date secured with the planters (likely late Feb to first week in
March). All planting work will be completed prior to the March 15th, 2017 deadline. Thanks and
Merry Christmas!
River Birch (Betula nigm) — 4,000
Laurel Oak (Quercus laurifolia) —4,000
Cherrybark Oak (Quercus pagoda) —4,000
Swamp Chestnut Oak (Quercus michauxii) — 3,000
Ironwood (Carpinus caroliniana) — 2,000 (*understory species)
Total Stems — 17,000
Wes Fryar I Environmental Scientist — Project Manager
Direct: 452-0001 x 1927 1 Cell: 910.471.0018 1 Fax: [phone]
Email: wfryarCaD.lmgroup.net I Website: www.lmgroup.net
Land Management Group, Inc I Environmental Consultants
3805 Wrightsville Ave I Suite 15 1 Wilmington, NC 28403
From: Scarbraugh, Anthony [maiIto: anthony.scarbraugh(a) ncdenr.gov]
Sent: Wednesday, December 21, 2016 7:39 AM
To: Wes Fryar
Cc: '[e-mail]'; Rob Moul; Kyle Barnes
Subject: RE: SunEnergy - Proposed Kelford Planting List
Wes,
After reviewing the plant list, this Office request that Black Gum (Nyssa biflora), Bald Cypress

(Taxodium distichum) and Wax Myrtle (Morelia cerifera) be removed. Supplement these plants with
more of the remaining species on the list. If you have any questions I will be glad to discuss the
project further.
Thanks,
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 @ricdenr.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: Wes Fryar [mailto:wfryar(@Im.Qroup.net]
Sent: Monday, December 19, 2016 5:47 PM
To: Scarbraugh, Anthony <anthony.scarbrau.QhPncdenr..Qov>; Kyle.W.Barnespusace.army.mil
Cc: Rob Moul <rmoul(@Imgroup.net>; Eric.schudt(@sunenergvl.com
Subject: SunEnergy - Proposed Kelford Planting List
Hi Anthony & Kyle,
I have formulated a proposed planting list for the Kelford Solar site based upon my findings at my
site evaluation and general wetland type (i.e. non-riverine wet hardwood forest). This list fulfils the
planting criteria set forth in the approved restoration plan. Please review and let me know of your
thoughts and if you are OK with this mix. I would like to get the order placed this week. Thanks!
River Birch (Betula nigra) —4,000 (*natural specimens observed on -site)
Laurel Oak (Quercus laurifolia) —4,000
Swamp Chestnut Oak (Quercus michauxii) — 3,000

Black Gum (Nyssa biflora) — 2,000 (Please remove This is not an appropriate species for the site)
Bald Cypress (Taxodium distichum) — 2,000 (to be planted in lower/inundated areas)
Wax Myrtle (Morelia cerifera) — 2,000 (*understory species)
Total Stems — 17,000
Wes Fryar I Environmental Scientist — Project Manager
Direct: 452-0001 x 1927 1 Cell: 910.471.0018 1 Fax: [phone]
Email wfryar(a).lmgroup.net 1 Website: www.lmgroup.net
Land Management Group, Inc I Environmental Consultants
3805 Wrightsville Ave I Suite 15 1 Wilmington, NC 28403
❑®

From:
Scarbraugh, Anthony
To:
Lindsey Hesch; Barnes. Kyle W SAW
Cc:
Kelly Hoyt; Wes Fryar; Denton Jr. Bob; Sullivan. Shelton; Tankard. Robert; May, David
Subject:
RE: Kelford Wetland Seed Mix
Date:
Friday, April 21, 2017 3:31:55 PM
Attachments:
imaae001.Dna
Ms. Hesch,
This Office has no objection to the proposed seed mix and application rate for the Wetland Area #6.
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
[e-mail]
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: Lindsey Hesch [mailto:[e-mail]]
Sent: Friday, April 21, 2017 9:16 AM
To: Scarbraugh, Anthony<[e-mail]>; Barnes, Kyle W SAW
<[e-mail]>
Cc: Kelly Hoyt <[e-mail]>; Wes Fryar <[e-mail]>; Denton Jr, Bob
<Bob.Denton @duke-energy.com>
Subject: Kelford Wetland Seed Mix
Good morning, Anthony and Kyle.
Thank you for your time and review of the Kelford site on Tuesday. I know that you will be following up with SE1 on
next steps with the site overall. However, in the interim, I was hoping to get your approval of a seed mix for the
small wetland area by the front gate (approximately 0.5-acre in size) that is currently dominated by early -
successional, upland species so that we may get it seeded as soon as possible prior to the weather heating up.
Our consultant has advised us that the mix listed below would be appropriate. He recommended 8-10 lbs. to be
seeded as soon as possible with a hand spreader and before a rain event.
NC Coastal Plain FACW Mix

Item #: ERNMX-302 Cost: $60.19/lb
Categories: Wet Meadows & Wetlands
Please advise if you concur with the seed mix and recommendation, or if you have any other suggestions to ensure
the successful establishment of hydrophytic vegetation.
Thanks again and have a great weekend!
Lindsey
0
Lindsey Hesch ISenior Environmental Specialist
0: [phone] x607
C: [phone]
6750 NC Hwy 30 E
Bethel, NC 27812
www.SunEnergyl.com lindsev.hesch(aSunEnergwLcom
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.