HomeMy WebLinkAbout[External] RE: Notice of Potential Permit Violation (SAW-2021-00056)Baker, Caroline D
From: Hank Seltzer <hank.seltzer@apexcleanenergy.com>
Sent: Friday, November 17, 2023 4:08 PM
To: Scarbraugh, Anthony D CIV USARMY CESAW (USA)
Cc: Dumpor, Samir; Parr, Adam; Goss, Stephanie; Tankard, Robert; Lastinger, James C CIV
USARMY CESAW (USA); Blake Greenhalgh; Hamzah Djuned
Subject: [External] RE: Notice of Potential Permit Violation (SAW-2021-00056)
Attachments: Timbermill Wind Proposed Remediation and Revegetation Plan (Nov. 17, 2023).pdf
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Mr. Scarbraugh, et al.,
As indicated in our Nov 6t" notice of potential violation, Timbermill Wind has developed the attached Remediation and
Revegetation Plan for your review.
We are available to discuss this Plan at your nearest convenience. Thank you and representatives from NCDEQ for a
productive and safe site visit earlier this week.
I look forward to hearing back from you.
Hank
From: Scarbraugh, Anthony D CIV USARMY CESAW (USA) <Anthony.D.Scarbraugh@usace.army.mil>
Sent: Monday, November 6, 2023 7:20 AM
To: Hank Seltzer <hank.seltzer@apexcleanenergy.com>
Cc: Dumpor, Samir <samir.dumpor@ncdenr.gov>; adam.parr@ncdenr.gov; Goss, Stephanie
<stephanie.goss@ncdenr.gov>; Tankard, Robert <robert.tankard@ncdenr.gov>; Lastinger, James C CIV USARMY CESAW
(USA) <James.C.Lastinger@usace.army.mil>
Subject: RE: Notice of Potential Permit Violation (SAW-2021-00056)
Mr. Seltzer,
This email confirms receipt of the possible permit condition violations at the Timbermill Wind Facility in Chowan County,
Action I.D.: SAW-2021-0056.
V/r
Anthony Scarbraugh
Anthony Scarbraugh
Regulatory Specialist
US Army Corps of Engineers
Washington Regulatory Field Office
2407 W. 5th Street
Washington, NC 27889
Phone: (910) 251-4619
Email: anthony.d.scarbraugh@usace.army.mil
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: https://regulatory.ops.usace.army.mil/customer-service-survey/
Thank you for taking the time to visit this site and complete the survey.
From: Hank Seltzer <hank.seltzer@apexcleanenergy.com>
Sent: Wednesday, November 1, 2023 8:18 PM
To: Scarbraugh, Anthony D CIV USARMY CESAW (USA) <Anthony.D.Scarbraugh@usace.army.mil>
Cc: Dumpor, Samir <samir.dumpor@ncdenr.gov>; adam.parr@ncdenr.gov; Goss, Stephanie
<stephanie.goss@ncdenr.gov>; Tankard, Robert <robert.tankard@ncdenr.gov>
Subject: [Non-DoD Source] Notice of Potential Permit Violation (SAW-2021-00056)
Importance: High
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: 434-989-9343
hank.seltzer@apexcleanenergy.com I www.apexcleanenergy.com
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