20220790 Ver 1_Complaint Investigation_20240131

Baker, Caroline D
From: Hank Seltzer <[e-mail]>
Sent: Wednesday, January 31, 2024 4:37 PM
To: Scarbraugh, Anthony D CIV USARMY CESAW (USA)
Cc: Dumpor, Samir; Goss, Stephanie; Parr, Adam; Tankard, Robert; Lastinger, James C CIV
USARMY CESAW (USA)
Subject: [External] RE: update on Timbermill Wind: Remediation and Revegetation Plan
Attachments: Timbermill Switchyard Stockpile Remediation 01-30-24.pdf
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Good afternoon, Mr. Scarbraugh,
I am writing to confirm that we have completed remediation and restoration activities at the soil stockpile area.
The stockpile has been removed and disposed of in a permitted location, the site has been stabilized and
reseeded, and the culvert and perimeter erosion controls have been removed. A photo log is attached for your
records.
Please let me know if there is additional information I can provide or if I can be of assistance coordinating a visit to
inspect this area.
Thankyou,
Hank
From: Hank Seltzer <[e-mail]>
Sent: Thursday, January 11, 2024 5:44 PM
To: Scarbraugh, Anthony D CIV USARMY CESAW (USA) <[e-mail]>
Cc: Dumpor, Samir <[e-mail]>; Goss, Stephanie <[e-mail]>; Parr, Adam
<[e-mail]>; Tankard, Robert <[e-mail]>; Lastinger, James C CIV USARMY CESAW
(USA) <[e-mail]>
Subject: RE: update on Timbermill Wind: Remediation and Revegetation Plan
Mr. Scarbraugh,
I wanted to provide you with an update before week's end. As anticipated, significant precipitation over the last week
delayed our progress on moving the stockpile.
We will continue to prioritize this work as conditions allow and will complete remediation and restoration activities on
or before February 1"
I will keep this group apprised of our progress over the coming weeks.
Thanks,
Hank

From: Scarbraugh, Anthony D CIV USARMY CESAW (USA) <[e-mail]>
Sent: Monday, January 8, 2024 5:38 AM
To: Hank Seltzer <[e-mail]>
Cc: Dumpor, Samir <[e-mail]>; Goss, Stephanie <[e-mail]>; Parr, Adam
<[e-mail]>; Tankard, Robert <[e-mail]>; Lastinger, James C CIV USARMY CESAW
(USA) <[e-mail]>
Subject: RE: update on Timbermill Wind: Remediation and Revegetation Plan
Mr. Seltzer,
Thank you for providing this office with an update on the restoration activities completed as January 5t" to bring the site
into compliance with Department of the Army permit (Action ID: SAW-2021-00056). As discussed, the approved
Restoration Plan required the restoration work to be completed by January 5, 2024 (30 days from receipt of the
correspondence). Within your response you explained that inclement weather has delayed restoration activities. As
such, this office will require the restoration be completed on or before February 1, 2024.
If you have any questions or wants to discuss the matter further, please feel free to contact.
Respectfully,
Anthony Scarbraugh
Anthony Scarbraugh
Regulatory Specialist
US Army Corps of Engineers
Washington Regulatory Field Office
2407 W. 5th Street
Washington, NC 27889
Phone: [phone]
Email: [e-mail]
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 <[e-mail]>
Sent: Friday, January 5, 2024 3:43 PM
To: Scarbraugh, Anthony D CIV USARMY CESAW (USA) <[e-mail]>
Cc: Dumpor, Samir <[e-mail]>; Goss, Stephanie <[e-mail]>; Parr, Adam
<[e-mail]>; Tankard, Robert <[e-mail]>; Lastinger, James C CIV USARMY CESAW
(USA) <[e-mail]>
Subject: [Non-DoD Source] update on Timbermill Wind: Remediation and Revegetation Plan
U.S. Army Corps of Engineers Permit No. SAW-2021-00056
North Carolina Water Quality Certification # WQC005442
Mr. Scarbraugh, et al.,
This note is to provide a written update to the USACE and NCDEQ in accordance with our phone conversation
yesterday. As discussed yesterday, Timbermill Wind, LLC is actively implementing the proposed Remediation and

Revegetation Plan (dated November 17, 2023). But, because of significant rainfall events, Timbermill has not yet
completed removing the soil stockpile or remediation activities referenced in the December 06, 2023, Notification of
Non -Compliance. Weather permitting, we expect all such activities to be complete in the very near future.
Since identifying an acceptable disposal area for the soil stockpile and confirming this plan with the Corps and NCDEQ on
December 20t" and 15t", respectively, the project site has received significant rainfall. Specifically, on December 17tn
more than five inches of rain was measured at the site. This rain prevented removing the stockpile prior to construction
crews leaving the area for the holiday break in late December.
Since resuming construction activities this week, the crew has made considerable progress hauling the soil stockpile to
the approved location. As of today, the construction crews report that approximately half of the soil stockpile has been
successfully removed.
Unfortunately, several precipitation events are forecasted in the area over the next week, which could further delay
progress. Specifically, large amounts of rain are currently forecasted for the project site from Saturday until Tuesday.
Timbermill will endeavor to complete the activities in its proposed Remediation and Revegetation Plan in a timely
fashion and keep the USACE and NCDEQ apprised of progress. I plan to be in touch with you again later next week, after
we have assessed the impacts of these latest rainfall events, to provide an update.
Please let me know if you have any questions, concerns, or would like additional information.
Thank you,
Hank
Hank Seltzer
Environmental Permitting Director
Apex Clean Energy
120 Garrett Street, Suite 700, Charlottesville, VA 22902
Phone: [phone]
[e-mail] I www.al2excleanenergy.com
�1APEX
CLEAN ENERGY
Safety • Integrity • Entrepreneurship • Sustainability • Professionalism
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