Notice of Potential Permit Violation (SAW-2021-00056)

From:Hank Seltzer
To:[e-mail]
Cc:Dumpor, Samir; Parr, Adam; Goss, Stephanie; Tankard, Robert
Subject:[External] Notice of Potential Permit Violation (SAW-2021-00056)
Date:Wednesday, November 1, 2023 8:18:36 PM
Attachments:Stock Pile Impact Map.pdf
Importance:High
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Dear Mr. Scarbraugh:

On February 10, 2023, the U.S. Army Corps of Engineers ("Corps") issued an individual Clean Water
Act Section 404 permit ("Permit") to Timbermill Wind, LLC ("Permittee") authorizing impacts to
230.05 acres of jurisdictional wetland area.

Special Condition 8 of the Permit requires the Permittee to report any violation of Permit conditions
to the Corps in writing within 24 hours of the Permittee’s discovery of the violation. I am writing this
email to satisfy this condition.

As discussed during my phone conversation with you, on November 1, 2023, the
Permittee discovered the potential violation of Special Condition 1 (Work Limits) and Special
Condition 2 (Unauthorized Dredge and/or Fill). Below is a summary and chronology of events,
followed by our proposal for how to address this situation. Finally, attached is a map providing the
location of this incident.

On or about October 19, 2023, construction crews working on wind project construction relocated
stockpiled topsoil about 180 feet, from within the area of permitted disturbance, to an area outside
of the area of permitted disturbance. A temporary road about 180 feet long and 12 feet wide was
constructed to allow machinery to move the topsoil from the project area to the adjacent
property. A culvert that is about 12 inches wide and 12 feet long was also placed in a ditch during
road construction. Topsoil was then moved and placed in an area that is about 0.5 acre in size. The
0.5-acre area of placement likely constitutes jurisdictional wetland area. A map identifying the
project area, the temporary road, and the area of topsoil placement, is attached for reference. This
work occurred to satisfy the request of an adjacent landowner, who requested the topsoil be moved
to his land so that he could utilize it.

Upon becoming aware of the topsoil movement, the Permittee directed construction crews to cease
operations in this area. Stormwater control structures, including silt fencing, were installed around
the area. Working with a qualified wetlands technician, the Permittee then assessed the area to
determine if a violation may have occurred.

The Permittee is developing a plan to move the topsoil back within the permitted area
of disturbance, remove the temporary road and culvert, and complete any necessary restoration
work. We will contact you to discuss this plan prior to its implementation. The Permittee has
already communicated to construction personnel that this type of work, and any work beyond the
area of permitted disturbance, is not authorized under the Permit; even if done at the request of an
adjacent landowner. We will follow-up with additional communications and/or trainings for all
personnel to ensure that our obligations under the Permit are thoroughly understood and that this
type of event does not happen again.

Consistent with Permit Condition 8, the Permittee is reporting this matter in writing and by phone.
The Permittee will continue to assess this matter and will work with the Corps to address this
situation.

Thank you for your consideration of this information. Please contact me if you have any additional
questions about this matter.

Sincerely,

Hank

Hank Seltzer
Environmental Permitting Director

Apex Clean Energy
120 Garrett Street, Suite 700, Charlottesville, VA 22902
Phone: [phone]
[e-mail] | www.apexcleanenergy.com

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