20231206_SAW-2021-00056 CD Permit Conditions

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
Washington Regulatory Field Office
2407 West 5th Street
Washington, North Carolina 27889

December 6, 2023

Regulatory Division

Action ID. SAW-2021-00056

Timbermill Wind, LLC
Attn: Mr. Ken Young
120 Garrett Street, Suite 700
Charlottesville, Virginia 22902-0005

Dear Mr. Young:

This correspondence confirms your November 14, 2023, onsite meeting between Mr.
Anthony Scarbraugh of my staff, Mr. Allen Stuart of the NC Division of Water
Resources, Messrs. Chris Pullinger and Richard Peed of the NC Division of Energy,
Mineral, and Land Resources, and your representative, Mr. Hank Seltzer of Apex Clean
Energy, LLC (Apex). Also present at this meeting were other Apex staff representatives,
and Messrs. Steve Vargo and Dustin Pringle of the Timmons Group, Inc. (your
environmental consultant). The purpose of this meeting was to address non-compliance
with the Department of the Army (DA) permit (Action ID: SAW 2021-00056) issued to
Timbermill Wind, LLC for work undertaken within DA regulatory jurisdictional waters and
wetlands for the construction of the Timbermill Wind Facility (Timbermill) located off US
Highway 17, near Center Hill Road and Greenhall Road, adjacent to Goodwin Creek,
Bear Swamp, and Pollock Swamp, near Edenton, in Chowan County, North Carolina.

Based on my staff’s investigation, we have determined that you are responsible for
0.58 acres of unauthorized mechanized land-clearing, deposition of spoil and fill
material, and installation of culverts within waters of the United States including
wetlands, associated with the construction of an access road and the offsite stockpiling
of for spoil material that originated from the associated construction activities at Phase II
Timbermill project. These activities occurred outside of the authorized project area and
without prior approval from this office in the form of a DA permit or a modification of the
permit issued to you for construction of the Timbermill project, is a violation of Section
301 of the Clean Water Act (33 USC 1311). Noncompliance with the special conditions
of the subject permit constitutes violations of Section 404 of the Clean Water Act (33
USC 1344).
-2-

Special Condition 1. of the subject permit states that, “Work Limits: All work
authorized by this permit shall be performed in strict compliance with the attached
permit plans dated August 5, 2022, and August 31, 2022, which are a part of this permit.
The Permittee shall ensure that the construction design plans for this project do not
deviate from the permit plans attached to this authorization. Any modification to the
attached permit plans must be approved by the U.S. Army Corps of Engineers (Corps)
prior to any active construction in waters or wetland.”

Special Condition 2. of the subject permit states that, “Unauthorized Dredge and/or
Fill: Except as authorized by this permit or any Corps-approved modification to this
permit, no excavation, fill or mechanized land-clearing activities shall take place at any
time in the construction or maintenance of this project, within waters or wetlands. This
permit does not authorize temporary placement or double handling of excavated or fill
material within waters or wetlands outside the permitted area. This prohibition applies to
all borrow and fill activities connected with this project.”

Special Condition 8. of the subject permit states that, “Maintain Flows and Circulation
Patterns of Waters: Except as specified in the plans attached to this permit, no
excavation, fill or mechanized land-clearing activities shall take place at any time in the
construction or maintenance of this project, in such a manner as to impair normal flows
and circulation patterns within waters or wetlands or to reduce the reach of waters
and/or wetlands.”

As discussed with Mr. Scarbraugh, the required actions necessary to bring your
project into compliance with the issued permit were explained to your representatives
during the onsite meeting. On November 17, 2023, this office received a Restoration
Plan (attached) entitled, “Timbermill Wind’s Proposed Remediation and Revegetation
Plan” from Mr. Seltzer outlining the required action to bring the project into compliance
with the permit. This office accepts the Restoration Plan and requires the restoration
work must be completed within 30 days from the date of your receipt of this
correspondence.

You are cautioned that failure to honor your commitment to cease and desist from
additional unauthorized activities within waters of the United States, including wetlands,
may result in revocation of your permit. Additionally, failure to comply with this request
may result in referral of this matter to the United States Attorney with a recommendation
for civil prosecution, and/or a civil penalty for a violation of permit conditions pursuant to
33 USCA Section 1319 (g) (1) (b).

-3-

Thank you for your time and cooperation in this matter. Questions may be
addressed to Mr. Anthony D. Scarbraugh at the Washington Regulatory Field Office,
email at [e-mail] or telephone at [phone].

FOR THE DISTRICT COMMANDER

Sincerely,

James Lastinger
Chief, Washington Regulatory Field Office
Wilmington District Corps of Engineers

-4-

Copies Furnished:

United States Attorney
Eastern District of North Carolina
310 New Bern Avenue
Suite 800, Federal Building
Raleigh, North Carolina 27601

Mr. Christopher Parker
Waterways and Wetlands Enforcement Section, Water Enforcement Branch
U.S. Environmental Protection Agency -Region IV
61 Forsyth Street, SW
Atlanta, Georgia 30303-8960
Email: [e-mail]

Mr. Pete Benjamin
Field Supervisor
United States Fish and Wildlife Service
Raleigh ES Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Email: [e-mail]

Mr. Pace Wilber
Branch Chief
National Marine Fisheries, NOAA
Habitat Conservation Division
101 Pivers Island Road
Beaufort, North Carolina 28516
Email: [e-mail]

Mrs. Stephanie Goss,
401 & Buffer Permitting Branch Supervisor
Division of Water Resources
North Carolina Department of Environmental Quality
1617 Mail Service Center, Raleigh, NC 27699-1617
Email: [e-mail]

Mr. David May,
Regional Supervisor
Division of Water Resources
North Carolina Department of Environmental Quality
943 Washington Square Mall
Washington, North Carolina 27889
Email: [e-mail]
-5-

Mr. Adam Parr
State Mining Engineer
Division of Energy, Mineral and Land Resources
North Carolina Department of Environmental Quality
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
Email: [e-mail]

Mr. Samir Dumpor, Regional Supervisor
Division of Energy, Mineral and Land Resources
North Carolina Department of Environmental Quality
943 Washington Square Mall
Washington, North Carolina 27889
Email: [e-mail]

Mr. Hank Seltzer
Apex Clean Energy, LLC
120 Garrett Street, Suite 700
Charlotteville, Virginia 22902
Email: [e-mail]
Page 1 of 5
November 17, 2023
VIA EMAIL AND U.S. MAIL
United States Army Corps of Engineers
Wilmington Regulatory Division
Attn: Mr. Anthony D. Scarbraugh
69 Darlington Avenue
Wilmington, North Carolina 28403
Email: [e-mail]
North Carolina Department of Environmental
Quality, Division of Water Resources
Attn: Ms. Stephanie Goss, Mr. Samir
Dumpor, Mr. Adam Parr, and
Mr. Robert Tankard
512 N. Salisbury Street,
Raleigh, North Carolina 27604
Email: [e-mail]
[e-mail];
[e-mail];
[e-mail]
Courtesy Copy:
M r. Hamzah Djuned, Project Manager
Wanzek Construction, Inc.
4850 32nd Ave S
Fargo, ND 58104
[phone]
[e-mail]
From: Hank Seltzer, Environmental Permitting Director
Timbermill Wind and Apex Clean Energy
120 Garrett Street, Suite 700, Charlottesville, VA 22902
Phone: [phone]
Email: [e-mail]
RE: U.S. Army Corps of Engineers Permit No. SAW-2021-00056
North Carolina Water Quality Certification # WQC005442
Timbermill Wind’s
Proposed Remediation and Revegetation Plan
On November 1, 2023, the Timbermill Wind, LLC (the “Permittee”) notified the U.S. Army
Corps of Engineers (the Corps), the North Carolina Department of Environmental Quality’s
Division of Water Resources (DWR), and the North Carolina Division of Energy, Mineral, and
Land Resources (DEMLR) that the Permittee discovered the potential violation of Special

Page 2 of 5

Condition 1 (Work Limits) and Special Condition 2 (Unauthorized Dredge and/or Fill) of the
above-referenced U.S. Army Corps of Engineers permit.
The purpose of this submission is to supplement the November 1, 2023, notification, and
to propose corrective action in the form of a Remediation and Revegetation Plan that the Permittee
will implement to address the potential permit violations. For brevity, the information contained
in the November 1st notification is incorporated by reference.
I. Additional Factual Information

As an initial matter, after notifying the Corp and State of the potential permit violations,
the Permittee investigated further the facts and circumstances that gave rise to this situation. As
previously stated, the Permittee’s construction contractor, Wanzek Construction, Inc., relocated
stockpiled topsoil about 180 feet outside the area of permitted disturbance identified in the permit.1
The contractor and onsite staff were not aware that the area of placement was in fact outside the
permitted area of disturbance. The Permittee’s onsite monitor discovered this placement about a
week after it occurred during site inspections. The Permittee’s onsite monitor then notified the
Permittee’s environmental staff, who then notified the Corps and State of this situation.
The contractor and onsite staff relocated this stockpiled topsoil at the request of an
adjoining landowner who desired to incorporate the topsoil into his ongoing agricultural
operations. Onsite staff mistakenly believed that, because this was at the request of a landowner,
and would occur on his private property for use in his ongoing agricultural operations, this
relocation was permissible. The adjoining landowner’s name is Mr. J.M. Parrish and he may be
contacted at [phone]. (The Permittee has obtained the landowner’s permission to share
this information with federal and state agencies.)
Upon becoming aware of the topsoil movement, the Permittee directed construction crews
to cease operations in this area. The Permittee then installed additional perimeter stormwater
control structures, including silt fencing, around the area. Attached as Exhibit A are photographs
of the impacted area, both before and after these control structures were installed.
Attached as Exhibit B is a Supplemental Wetland Delineation Memorandum, dated
November 15, 2023, prepared by the Permittee’s onsite monitor. The memorandum includes as
attachments field data sheets, site photographs, and other data from the monitor’s site assessment;
as well as a map identifying the project area and the area of topsoil placement.

1 The Project Manager for Wanzek’s work at Timbermill Wind is Mr. Hamzah Djuned. Mr.
Djuned’s contact information is listed above and he is receiving a copy of this Plan.

Page 3 of 5

II. Proposed Remediation and Revegetation Plan

To remediate this situation, the Permittee proposes to: (1) remove the unauthorized fill; (2)
revegetate the impacted area; (3) conduct inspections and verifications; and (4) implement
additional preventative measures. Each proposal is discussed in more detail below.
A. Removal of Unauthorized Fill

The Permittee will remove the approximately 0.5-acre soil stockpile that was placed in an
unauthorized area adjacent to the Project’s switchyard. All soil will be placed in a permitted area
of the Project. Soil removal and replacement will take about one week to complete. Soil removal
and replacement will commence after further consultation with the Corps and/or the State.
After soil removal and replacement is completed, the Permittee will then remove the
culvert that was placed in a ditch during road construction to access the stockpile location, and
recontour the area of placement, and the access road area.2
During the process of removing the soil stockpile and culvert, the Permittee will implement
the BMPs contained in Section 2.3 of the Project’s approved Wetland Mitigation and Revegetation
Plan. Such BMPs include marking sensitive areas, undertaking frequent inspections of erosion
and sedimentation control measures to ensure their effectiveness, and conducting equipment
refueling and maintenance operations at least 100 feet from wetland areas.
Once topsoil is relocated to the permitted area, appropriate stormwater BMPs will also be
implanted consistent with the Project’s Construction General Permit.
B. Revegetation

Consistent with Section 4 of the Project’s Wetland Mitigation and Revegetation Plan, the
Permittee will re-vegetate the impacted areas, including the soil stockpile location and access road.
All temporary or permanent conversion areas for the Project will be restored to pre-existing
contours and the site will then be revegetated with methods consistent with the NCDEQ DEMLR
Temporary and Permanent Seeding Specs.

2 Based on the results of a field assessment, it appears that the ditch where the culvert was installed
is potentially a jurisdictional stream. Accordingly, the Permittee will remove the culvert and
restore the ditch to its original contours and shape.

Page 4 of 5

Final grading will constitute re-establishment of pre-exiting contours and erosion control
measures. Additionally, topsoil will be segregated and stored at the initiation of site preparation
for construction.
During final recontouring, all stored topsoil will be replaced to the localized construction
disturbances to prepare the seedbed. For seedbed preparation, the Permittee will either conduct
soil testing to determine if amendments are needed, or follow recommendations from the DEQ’s
Temporary and Permanent Seeding Specifications for lime, fertilizer, and surface roughening.
C. Inspections and Verification

The Permittee’s environmental compliance monitor will inspect and document completed
work to verify that corrective actions have been completed consistent with this plan. The Permittee
will then provide a final report to the Corps and the State documenting in writing, and through
photographs, that all corrective actions have been completed.
D. Preventative Measures

Since reporting this incident to the Corps and State, the Permittee has worked with site
personnel, including the construction contractor and environmental compliance monitor, to
provide additional training regarding the Project’s permit compliance obligations. The Permittee
will conduct additional training for all onsite personnel. The Permittee will also ensure that
training is implemented throughout the full duration of construction activities so that any new
personnel are properly trained on permit compliance obligations. A document outlining key permit
compliance requirements, and contact information for the environmental monitor, will be provided
to each equipment operator to further emphasize the importance of this matter.
Finally, the Permittee’s environmental compliance monitor will participate in weekly
meetings with construction contractors to ensure that all permit requirements are followed, and
questions about permit compliance are addressed.
***
Thank you for your consideration of this information. Please contact me if you have any
questions, suggestions, or would like additional information. Otherwise, please let us know if this
proposed plan is acceptable.

Page 5 of 5

Sincerely,

Hank Seltzer
Environmental Permitting Director
Timbermill Wind
Apex Clean Energy
120 Garrett Street, Suite 700
Charlottesville, VA 22902
[phone]
Email: [e-mail]

Enclosures: Exhibit A: Photo Log
Exhibit B: Supplemental Wetland Delineation Memorandum
Timbermill Wind’s
Proposed Remediation and Revegetation Plan
Exhibit A: Photographs
Photographs of Impacted Area Prior to Installation of Stormwater Controls
Photographs of Impacted Area After Installation of Stormwater Controls
Timbermill Wind’s
Proposed Remediation and Revegetation Plan
Exhibit B: Supplemental Wetland Delineation
Memorandum

CIVIL ENGINEERING | ENVIRONMENTAL | SURVEYING | GIS | LANDSCAPE ARCHITECTURE | CONSTRUCTION SERVICES
1001 Boulders Parkway
Suite 300
Richmond, VA 23225
P 804.200.6500
F 804.560.1016
www.timmons.com

Supplemental Wetland Delineation Memorandum

TO: USACE Wilmington District (Attn: Anthony Scarbraugh)
FROM: Dustin Pringle – Timmons Group
DATE: November 15, 2023
RE: Supplemental Wetland Impact Delineation Memorandum

This memorandum serves as a supplemental wetland delineation for the Timbermill
Wind Farm Project (Permit # SAW-2021-00056 & DWR 2022-0790) located at Route 1319 –
Paradise Road, Chowan County. This wetland assessment was conducted per request of the
USACE Wilmington District in response to a self-reported permit violation of a stockpile
placement outside the permitted limits of disturbance. Timmons Group senior environmental
scientists Steve Vargo and Dustin Pringle completed a wetland assessment of the Site on
November 14, 2023 after the agency site visit. The purpose of the investigation was to
determine if jurisdictional wetlands and/or waters of the U.S (WOTUS) are present within the
proposed wetland impact area. The Site was delineated based upon the methodology outlined
in the 1987 U.S. Army Corps of Engineers (USACE) Wetland Delineation Manual, the Regional
Supplement to the USACE Wetland Delineation Manual: Atlantic and Gulf Coastal Plain Region
(Version 2.0). Field data stations were established along a transect line in order to document
wetland conditions existing within and outside the wetland impact boundary. Field data stations
were labeled and marked with blue flagging in the field. Field data sheets are included in
Appendix A. Features identified in the field were located using sub-meter GPS equipment.

Per the USACE Antecedent Precipitation Tool (Version 1.0), the site visit was conducted
within the wet season, during a period of ‘Moderate Drought’ in November 2023 (PDSI). The
USACE Antecedent Precipitation Tool (Version 1.0) has the Site within “Normal” conditions with
a precipitation normalcy index of 12 (See Appendix B). Photographs were taken at field data
stations to depict existing site conditions along the delineation boundary (Appendix C).

The hydrology indicators that are present within the wetland area include secondary
indicators Geomorphic Position (D2) and FAC-Neutral Test (D5). Additional data was collected
on hydrology observations of redox concentrations within the soil profile 15-24 inches. Wetland
vegetation is dominated loblolly pine (Pinus taeda), Water Oak (Quercus nigra), Groundsel tree
(Baccharis halimifolia), sweet bay (Magnolia virginiana), broomsedge (Andropogon virginicus),
and blackberry (rubus argutus). The soils observed within jurisdictional areas exhibit low chroma
matrix color consisting of a Umbric Surface (F13) soil characteristic of reducing anaerobic
conditions associated with the formation of hydric soils.

Please contact Dustin Pringle at [phone] [e-mail] if you have
any questions or if any further documentation is required regarding the supplemental wetland
delineation. Thank you in advance for the review of this package.

Sincerely,
Timmons Group

Dustin Pringle
Senior Environmental Scientist

MAPS
Figure 1 Wetlands and Waters Delineation Map

APPENDICES
Appendix A Field Data Sheets
Appendix B USACE Antecedent Precipitation Tool Data
Appendix C Representative Site Photographs

Appendix A Field Data Sheets

US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region – Version 2.0
WETLAND DETERMINATION DATA FORM – Atlantic and Gulf Coastal Plain Region

Project/Site: City/County: Sampling Date:
Applicant/Owner: State: Sampling Point:
Investigator(s): Section, Township, Range:
Landform (hillslope, terrace, etc.): Local relief (concave, convex, none): Slope (%):
Subregion (LRR or MLRA): Lat: Long: Datum:
Soil Map Unit Name: NWI classification:
Are climatic / hydrologic conditions on the site typical for this time of year? Yes No (If no, explain in Remarks.)
Are Vegetation , Soil , or Hydrology significantly disturbed? Are “Normal Circumstances” present? Yes No
Are Vegetation , Soil , or Hydrology naturally problematic? (If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS – Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes No
Hydric Soil Present? Yes No
Wetland Hydrology Present? Yes No

Is the Sampled Area
within a Wetland? Yes No
Remarks:

HYDROLOGY
Wetland Hydrology Indicators: Secondary Indicators (minimum of two required)
Primary Indicators (minimum of one is required; check all that apply) Surface Soil Cracks (B6)
Surface Water (A1) Sparsely Vegetated Concave Surface (B8)

Aquatic Fauna (B13)
Drainage Patterns (B10)

Marl Deposits (B15) (LRR U)
Moss Trim Lines (B16)

Hydrogen Sulfide Odor (C1)
Dry-Season Water Table (C2)

Oxidized Rhizospheres on Living Roots (C3)
Crayfish Burrows (C8)

Presence of Reduced Iron (C4)
Saturation Visible on Aerial Imagery (C9)

Recent Iron Reduction in Tilled Soils (C6)
Geomorphic Position (D2)

Thin Muck Surface (C7)
Shallow Aquitard (D3)
FAC-Neutral Test (D5)
Field Observations:
Surface Water Present? Yes No Depth (inches):
Water Table Present? Yes No Depth (inches):
Saturation Present? Yes No Depth (inches):
(includes capillary fringe)

Wetland Hydrology Present? Yes No
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:

Remarks:

High Water Table (A2)
Saturation (A3)
Water Marks (B1)
Sediment Deposits (B2)
Drift Deposits (B3)
Algal Mat or Crust (B4)
Iron Deposits (B5) Other (Explain in Remarks)
Inundation Visible on Aerial Imagery (B7)
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region – Version 2.0
VEGETATION (Five Strata) – Use scientific names of plants. Sampling Point:
Dominance Test worksheet:
Number of Dominant Species
That Are OBL, FACW, or FAC: (A)

Total Number of Dominant
Species Across All Strata: (B)

Percent of Dominant Species
That Are OBL, FACW, or FAC: (A/B)

Prevalence Index worksheet:
Total % Cover of: Multiply by:
OBL species x 1 =
FACW species x 2 =
FAC species x 3 =
FACU species x 4 =
UPL species x 5 =
Column Totals: (A) (B)
Prevalence Index = B/A =
Hydrophytic Vegetation Indicators:

2 - Dominance Test is >50%
3 - Prevalence Index is ≤3.0 1
Problematic Hydrophytic Vegetation1 (Explain)
1Indicators of hydric soil and wetland hydrology must
be present.
Absolute Dominant Indicator
Tree Stratum (Plot sizes: ) % Cover Species? Status
1.
2.
3.
4.
5.
6.

= Total Cover

Sapling Stratum ( )
1.
2.
3.
4.
5.
6.
= Total Cover

Shrub Stratum ( )
1.
2.
3.
4.
5.
6.

= Total Cover

Herb Stratum ( )
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
= Total Cover

Woody Vine Stratum ( )
1.
2.
3.
4.
5.
= Total Cover Hydrophytic
Vegetation
Present? Yes No

Remarks: (If observed, list morphological adaptations below).
Definitions of Vegetation Strata:

Tree – Woody plants, excluding woody vines,
approximately 20 ft (6 m) or more in height and
3 in. (7.6 cm) or larger in diameter at breast
height (DBH).

Sapling – Woody plants, excluding woody vines,
approximately 20 ft (6 m) or more in height and less
than 3 in. (7.6 cm) DBH.

Shrub – Woody plants, excluding woody vines,
approximately 3 to 20 ft (1 to 6 m) in height.

Herb – All herbaceous (non-woody) plants, including
herbaceous vines, regardless of size. Includes
woody plants, except woody vines, less than
approximately 3 ft (1 m) in height.

Woody vine – All woody vines, regardless of height.
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region – Version 2.0
SOIL Sampling Point:
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth Matrix Redox Features
(inches) Color (moist) % Color (moist) % Type1 Loc2 Texture Remarks

1Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix.
Hydric Soil Indicators: $SSOLFDEOHWRDOO/55VXQOHVVRWKHUZLVHQRWHG Indicators for Problematic Hydric Soils3:
Histosol (A1) Polyvalue Below Surface (S8) (LRR S, T, U) 1 cm Muck (A9) (LRR O)
Histic Epipedon (A2) Thin Dark Surface (S9) (LRR S, T, U) 2 cm Muck (A10) (LRR S)
Black Histic (A3) Loamy Mucky Mineral (F1) (LRR O) Reduced Vertic (F18) (outside MLRA 150A,B)
Hydrogen Sulfide (A4) Loamy Gleyed Matrix (F2) Piedmont Floodplain Soils (F19) (LRR P, S, T)
Stratified Layers (A5) Depleted Matrix (F3) Anomalous Bright Loamy Soils (F20)
Organic Bodies (A6) (LRR P, T, U) Redox Dark Surface (F6) (MLRA 153B)
5 cm Mucky Mineral (A7) (LRR P, T, U) Red Parent Material (TF2)
Muck Presence (A8) (LRR U) Redox Depressions (F8)
Other (Explain in Remarks)

1 cm Muck (A9) (LRR P, T) Marl (F10) (LRR U)
Depleted Below Dark Surface (A11) Depleted Ochric (F11) (MLRA 151)
3Indicators of hydrophytic vegetation and Thick Dark Surface (A12) Iron-Manganese Masses (F12) (LRR O, P, T)
wetland hydrology must be present, Coast Prairie Redox (A16) (MLRA 150A) Umbric Surface (F13) (LRR P, T, U)
Sandy Mucky Mineral (S1) (LRR O, S) Delta Ochric (F17) (MLRA 151)
Sandy Gleyed Matrix (S4) Reduced Vertic (F18) (MLRA 150A, 150B)
Sandy Redox (S5) Piedmont Floodplain Soils (F19) (MLRA 149A)
Stripped Matrix (S6) Anomalous Bright Loamy Soils (F20) (MLRA 149A, 153C, 153D)
Dark Surface (S7) (LRR P, S, T, U)
Restrictive Layer (if observed):
Type:
Depth (inches):

Hydric Soil Present? Yes No
Remarks:

Very Shallow Dark Surface (TF12) (LRR T, U) Depleted Dark Surface (F7)
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region – Version 2.0
WETLAND DETERMINATION DATA FORM – Atlantic and Gulf Coastal Plain Region

Project/Site: City/County: Sampling Date:
Applicant/Owner: State: Sampling Point:
Investigator(s): Section, Township, Range:
Landform (hillslope, terrace, etc.): Local relief (concave, convex, none): Slope (%):
Subregion (LRR or MLRA): Lat: Long: Datum:
Soil Map Unit Name: NWI classification:
Are climatic / hydrologic conditions on the site typical for this time of year? Yes No (If no, explain in Remarks.)
Are Vegetation , Soil , or Hydrology significantly disturbed? Are “Normal Circumstances” present? Yes No
Are Vegetation , Soil , or Hydrology naturally problematic? (If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS – Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes No
Hydric Soil Present? Yes No
Wetland Hydrology Present? Yes No

Is the Sampled Area
within a Wetland? Yes No
Remarks:

HYDROLOGY
Wetland Hydrology Indicators: Secondary Indicators (minimum of two required)
Primary Indicators (minimum of one is required; check all that apply) Surface Soil Cracks (B6)
Surface Water (A1) Sparsely Vegetated Concave Surface (B8)

Aquatic Fauna (B13)
Drainage Patterns (B10)

Marl Deposits (B15) (LRR U)
Moss Trim Lines (B16)

Hydrogen Sulfide Odor (C1)
Dry-Season Water Table (C2)

Oxidized Rhizospheres on Living Roots (C3)
Crayfish Burrows (C8)

Presence of Reduced Iron (C4)
Saturation Visible on Aerial Imagery (C9)

Recent Iron Reduction in Tilled Soils (C6)
Geomorphic Position (D2)

Thin Muck Surface (C7)
Shallow Aquitard (D3)
FAC-Neutral Test (D5)
Field Observations:
Surface Water Present? Yes No Depth (inches):
Water Table Present? Yes No Depth (inches):
Saturation Present? Yes No Depth (inches):
(includes capillary fringe)

Wetland Hydrology Present? Yes No
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:

Remarks:

High Water Table (A2)
Saturation (A3)
Water Marks (B1)
Sediment Deposits (B2)
Drift Deposits (B3)
Algal Mat or Crust (B4)
Iron Deposits (B5) Other (Explain in Remarks)
Inundation Visible on Aerial Imagery (B7)
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region – Version 2.0
VEGETATION (Five Strata) – Use scientific names of plants. Sampling Point:
Dominance Test worksheet:
Number of Dominant Species
That Are OBL, FACW, or FAC: (A)

Total Number of Dominant
Species Across All Strata: (B)

Percent of Dominant Species
That Are OBL, FACW, or FAC: (A/B)

Prevalence Index worksheet:
Total % Cover of: Multiply by:
OBL species x 1 =
FACW species x 2 =
FAC species x 3 =
FACU species x 4 =
UPL species x 5 =
Column Totals: (A) (B)
Prevalence Index = B/A =
Hydrophytic Vegetation Indicators:

2 - Dominance Test is >50%
3 - Prevalence Index is ≤3.0 1
Problematic Hydrophytic Vegetation1 (Explain)
1Indicators of hydric soil and wetland hydrology must
be present.
Absolute Dominant Indicator
Tree Stratum (Plot sizes: ) % Cover Species? Status
1.
2.
3.
4.
5.
6.

= Total Cover

Sapling Stratum ( )
1.
2.
3.
4.
5.
6.
= Total Cover

Shrub Stratum ( )
1.
2.
3.
4.
5.
6.

= Total Cover

Herb Stratum ( )
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
= Total Cover

Woody Vine Stratum ( )
1.
2.
3.
4.
5.
= Total Cover Hydrophytic
Vegetation
Present? Yes No

Remarks: (If observed, list morphological adaptations below).
Definitions of Vegetation Strata:

Tree – Woody plants, excluding woody vines,
approximately 20 ft (6 m) or more in height and
3 in. (7.6 cm) or larger in diameter at breast
height (DBH).

Sapling – Woody plants, excluding woody vines,
approximately 20 ft (6 m) or more in height and less
than 3 in. (7.6 cm) DBH.

Shrub – Woody plants, excluding woody vines,
approximately 3 to 20 ft (1 to 6 m) in height.

Herb – All herbaceous (non-woody) plants, including
herbaceous vines, regardless of size. Includes
woody plants, except woody vines, less than
approximately 3 ft (1 m) in height.

Woody vine – All woody vines, regardless of height.
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region – Version 2.0
SOIL Sampling Point:
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth Matrix Redox Features
(inches) Color (moist) % Color (moist) % Type1 Loc2 Texture Remarks

1Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix.
Hydric Soil Indicators: $SSOLFDEOHWRDOO/55VXQOHVVRWKHUZLVHQRWHG Indicators for Problematic Hydric Soils3:
Histosol (A1) Polyvalue Below Surface (S8) (LRR S, T, U) 1 cm Muck (A9) (LRR O)
Histic Epipedon (A2) Thin Dark Surface (S9) (LRR S, T, U) 2 cm Muck (A10) (LRR S)
Black Histic (A3) Loamy Mucky Mineral (F1) (LRR O) Reduced Vertic (F18) (outside MLRA 150A,B)
Hydrogen Sulfide (A4) Loamy Gleyed Matrix (F2) Piedmont Floodplain Soils (F19) (LRR P, S, T)
Stratified Layers (A5) Depleted Matrix (F3) Anomalous Bright Loamy Soils (F20)
Organic Bodies (A6) (LRR P, T, U) Redox Dark Surface (F6) (MLRA 153B)
5 cm Mucky Mineral (A7) (LRR P, T, U) Red Parent Material (TF2)
Muck Presence (A8) (LRR U) Redox Depressions (F8)
Other (Explain in Remarks)

1 cm Muck (A9) (LRR P, T) Marl (F10) (LRR U)
Depleted Below Dark Surface (A11) Depleted Ochric (F11) (MLRA 151)
3Indicators of hydrophytic vegetation and Thick Dark Surface (A12) Iron-Manganese Masses (F12) (LRR O, P, T)
wetland hydrology must be present, Coast Prairie Redox (A16) (MLRA 150A) Umbric Surface (F13) (LRR P, T, U)
Sandy Mucky Mineral (S1) (LRR O, S) Delta Ochric (F17) (MLRA 151)
Sandy Gleyed Matrix (S4) Reduced Vertic (F18) (MLRA 150A, 150B)
Sandy Redox (S5) Piedmont Floodplain Soils (F19) (MLRA 149A)
Stripped Matrix (S6) Anomalous Bright Loamy Soils (F20) (MLRA 149A, 153C, 153D)
Dark Surface (S7) (LRR P, S, T, U)
Restrictive Layer (if observed):
Type:
Depth (inches):

Hydric Soil Present? Yes No
Remarks:

Very Shallow Dark Surface (TF12) (LRR T, U) Depleted Dark Surface (F7)
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region – Version 2.0
WETLAND DETERMINATION DATA FORM – Atlantic and Gulf Coastal Plain Region

Project/Site: City/County: Sampling Date:
Applicant/Owner: State: Sampling Point:
Investigator(s): Section, Township, Range:
Landform (hillslope, terrace, etc.): Local relief (concave, convex, none): Slope (%):
Subregion (LRR or MLRA): Lat: Long: Datum:
Soil Map Unit Name: NWI classification:
Are climatic / hydrologic conditions on the site typical for this time of year? Yes No (If no, explain in Remarks.)
Are Vegetation , Soil , or Hydrology significantly disturbed? Are “Normal Circumstances” present? Yes No
Are Vegetation , Soil , or Hydrology naturally problematic? (If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS – Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes No
Hydric Soil Present? Yes No
Wetland Hydrology Present? Yes No

Is the Sampled Area
within a Wetland? Yes No
Remarks:

HYDROLOGY
Wetland Hydrology Indicators: Secondary Indicators (minimum of two required)
Primary Indicators (minimum of one is required; check all that apply) Surface Soil Cracks (B6)
Surface Water (A1) Sparsely Vegetated Concave Surface (B8)

Aquatic Fauna (B13)
Drainage Patterns (B10)

Marl Deposits (B15) (LRR U)
Moss Trim Lines (B16)

Hydrogen Sulfide Odor (C1)
Dry-Season Water Table (C2)

Oxidized Rhizospheres on Living Roots (C3)
Crayfish Burrows (C8)

Presence of Reduced Iron (C4)
Saturation Visible on Aerial Imagery (C9)

Recent Iron Reduction in Tilled Soils (C6)
Geomorphic Position (D2)

Thin Muck Surface (C7)
Shallow Aquitard (D3)
FAC-Neutral Test (D5)
Field Observations:
Surface Water Present? Yes No Depth (inches):
Water Table Present? Yes No Depth (inches):
Saturation Present? Yes No Depth (inches):
(includes capillary fringe)

Wetland Hydrology Present? Yes No
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:

Remarks:

High Water Table (A2)
Saturation (A3)
Water Marks (B1)
Sediment Deposits (B2)
Drift Deposits (B3)
Algal Mat or Crust (B4)
Iron Deposits (B5) Other (Explain in Remarks)
Inundation Visible on Aerial Imagery (B7)
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region – Version 2.0
VEGETATION (Five Strata) – Use scientific names of plants. Sampling Point:
Dominance Test worksheet:
Number of Dominant Species
That Are OBL, FACW, or FAC: (A)

Total Number of Dominant
Species Across All Strata: (B)

Percent of Dominant Species
That Are OBL, FACW, or FAC: (A/B)

Prevalence Index worksheet:
Total % Cover of: Multiply by:
OBL species x 1 =
FACW species x 2 =
FAC species x 3 =
FACU species x 4 =
UPL species x 5 =
Column Totals: (A) (B)
Prevalence Index = B/A =
Hydrophytic Vegetation Indicators:

2 - Dominance Test is >50%
3 - Prevalence Index is ≤3.0 1
Problematic Hydrophytic Vegetation1 (Explain)
1Indicators of hydric soil and wetland hydrology must
be present.
Absolute Dominant Indicator
Tree Stratum (Plot sizes: ) % Cover Species? Status
1.
2.
3.
4.
5.
6.

= Total Cover

Sapling Stratum ( )
1.
2.
3.
4.
5.
6.
= Total Cover

Shrub Stratum ( )
1.
2.
3.
4.
5.
6.

= Total Cover

Herb Stratum ( )
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
= Total Cover

Woody Vine Stratum ( )
1.
2.
3.
4.
5.
= Total Cover Hydrophytic
Vegetation
Present? Yes No

Remarks: (If observed, list morphological adaptations below).
Definitions of Vegetation Strata:

Tree – Woody plants, excluding woody vines,
approximately 20 ft (6 m) or more in height and
3 in. (7.6 cm) or larger in diameter at breast
height (DBH).

Sapling – Woody plants, excluding woody vines,
approximately 20 ft (6 m) or more in height and less
than 3 in. (7.6 cm) DBH.

Shrub – Woody plants, excluding woody vines,
approximately 3 to 20 ft (1 to 6 m) in height.

Herb – All herbaceous (non-woody) plants, including
herbaceous vines, regardless of size. Includes
woody plants, except woody vines, less than
approximately 3 ft (1 m) in height.

Woody vine – All woody vines, regardless of height.
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region – Version 2.0
SOIL Sampling Point:
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth Matrix Redox Features
(inches) Color (moist) % Color (moist) % Type1 Loc2 Texture Remarks

1Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix.
Hydric Soil Indicators: $SSOLFDEOHWRDOO/55VXQOHVVRWKHUZLVHQRWHG Indicators for Problematic Hydric Soils3:
Histosol (A1) Polyvalue Below Surface (S8) (LRR S, T, U) 1 cm Muck (A9) (LRR O)
Histic Epipedon (A2) Thin Dark Surface (S9) (LRR S, T, U) 2 cm Muck (A10) (LRR S)
Black Histic (A3) Loamy Mucky Mineral (F1) (LRR O) Reduced Vertic (F18) (outside MLRA 150A,B)
Hydrogen Sulfide (A4) Loamy Gleyed Matrix (F2) Piedmont Floodplain Soils (F19) (LRR P, S, T)
Stratified Layers (A5) Depleted Matrix (F3) Anomalous Bright Loamy Soils (F20)
Organic Bodies (A6) (LRR P, T, U) Redox Dark Surface (F6) (MLRA 153B)
5 cm Mucky Mineral (A7) (LRR P, T, U) Red Parent Material (TF2)
Muck Presence (A8) (LRR U) Redox Depressions (F8)
Other (Explain in Remarks)

1 cm Muck (A9) (LRR P, T) Marl (F10) (LRR U)
Depleted Below Dark Surface (A11) Depleted Ochric (F11) (MLRA 151)
3Indicators of hydrophytic vegetation and Thick Dark Surface (A12) Iron-Manganese Masses (F12) (LRR O, P, T)
wetland hydrology must be present, Coast Prairie Redox (A16) (MLRA 150A) Umbric Surface (F13) (LRR P, T, U)
Sandy Mucky Mineral (S1) (LRR O, S) Delta Ochric (F17) (MLRA 151)
Sandy Gleyed Matrix (S4) Reduced Vertic (F18) (MLRA 150A, 150B)
Sandy Redox (S5) Piedmont Floodplain Soils (F19) (MLRA 149A)
Stripped Matrix (S6) Anomalous Bright Loamy Soils (F20) (MLRA 149A, 153C, 153D)
Dark Surface (S7) (LRR P, S, T, U)
Restrictive Layer (if observed):
Type:
Depth (inches):

Hydric Soil Present? Yes No
Remarks:

Very Shallow Dark Surface (TF12) (LRR T, U) Depleted Dark Surface (F7)

Appendix B USACE Antecedent Precipitation Tool Data

Apr
2023
May
2023
Jun
2023
Jul
2023
Aug
2023
Sep
2023
Oct
2023
Nov
2023
Dec
2023
Jan
2024
Feb
2024
Mar
2024
0
2
4
6
8
10
12
14
Ra
i
n
f
a
l
l

(
I
n
c
h
e
s
)
2023-11-13
2023-10-14
2023-09-14
Antecedent Precipitation vs Normal Range based on NOAA's Daily Global Historical Climatology Network
Daily Total
30-Day Rolling Total
30-Year Normal Range
30 Days Ending 30th %ile (in)70th %ile (in)Observed (in)Wetness Condition Condition Value Month Weight Product
2023-11-13 2.222047 4.210236 0.220472 Dry 1 3 3
2023-10-14 2.638976 5.509055 7.84252 Wet 3 2 6
2023-09-14 4.109055 7.144488 7.377953 Wet 3 1 3
Result Normal Conditions - 12
Coordinates 36.092613, -76.582161
Observation Date 2023-11-13
Elevation (ft)16.347
Drought Index (PDSI)Moderate drought (2023-10)
WebWIMP H2O Balance Wet Season
Weather Station Name Coordinates Elevation (ft)Distance (mi)Elevation Weighted Days Normal Days Antecedent
PLYMOUTH 5 E 35.8722, -76.6592 20.013 15.826 3.666 7.18 11329 89
ROPER 2.4 NE 35.8983, -76.5822 9.843 4.672 10.17 2.15 1 1
EDENTON 4.3 SE 36.0114, -76.5484 8.858 11.442 11.155 5.277 1 0
EDENTON 36.0164, -76.5517 9.843 11.637 10.17 5.355 19 0
ELIZABETH CITY CGAS 36.2578, -76.1717 5.906 38.094 14.107 17.68 1 0
ELIZABETH CITY 36.3097, -76.205 7.874 39.457 12.139 18.235 1 0

Appendix C Representative Site Photographs

Stockpile Impact Area Delineation
November 2023
Timbermill Wind Farm

Photo 1: FDS-57A1-1 Representative hydric soils (11/14/2023, S. Vargo)

Photo 2: FDS-57A1-1 Representative wetland vegetation (11/14/2023, S. Vargo)

Stockpile Impact Area Delineation
November 2023
Timbermill Wind Farm

Photo 3: FDS-57A1-2 Representative hydric soils (11/14/2023, S. Vargo)

Photo 4: FDS-57A1-2 Representative hydric vegetation (11/14/2023, S. Vargo)

Stockpile Impact Area Delineation
November 2023
Timbermill Wind Farm

Photo 5: FDS-57A1-3 Representative hydric soils of impact area (11/14/2023, S. Vargo)

Photo 6: FDS-57A1-3 Representative of significantly disturbed vegetation (11/14/2023, S. Vargo)

10/23 Impacts
10/23 Culvert
AR
E
A

O
F

I
M
P
A
C
T

M
A
P