NCW_Design Change and Permit Compliance Meeting Summary_2024-03-22

March 14, 2024, Meeting Summary Business Confidential and Proprietary
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TIMBERMILL WIND PROJECT - MEETING SUMMARY

Meeting Attendees:
Lyn Biles – NCDEQ
Brad Cole - NCDEQ
Samir Dumpor – NCDEQ
Stephanie Goss – NCDEQ
Jordan Pappas – NCDEQ
Randall Jones – NCDEQ
Adam Parr – NCDEQ
Ricky Peed - NCDEQ
Samantha Wooten – NCDEQ
James Lastinger – USACE
Anthony Scarbraugh – USACE
Kathy Matthews – USFWS
Kaleb Jeske – Mastec
Shawn Stanislawski – Mastec
Case Kittel – Timbermill Wind
Hank Seltzer – Timbermill Wind

Notes Prepared by: Timbermill Wind, LLC

Date: March 22, 2024
______________________________________________________________________________

On March 14, 2024, Timbermill Wind, LLC (Timbermill Wind) met with the North Carolina
Department of Environmental Quality (NCDEQ), the U.S. Army Corps of Engineers (USACE), and
the U.S. Fish and Wildlife Service (USFWS) at the NCDEQ’s Washington Regional Office to discuss
the Timbermill Wind project (Project) in Chowan County, North Carolina. The purpose of the
meeting was to discuss the March 08, 2024, site inspection by USACE and NCDEQ. The group also
discussed proposed design changes that were visited during the site inspection and discussed in
the February 21, 2024, meeting in Washington.

The following is a summary of the topics discussed.

Notice of Violations
NCDEQ summarized the results of its February 2024 inspection of the second permit violation
areas. Representatives from NCDEQ notified the Project of the issuance of a Notice of Violations
of the Sedimentation Pollution Control Act and General Permit – NCG 010000, dated March 13,
2024, that was sent to the Project via Certified Mail. This Notice of Violations was prompted by
the second and third self-reported permit violations. NCDEQ representatives provided a hard copy
of the Notice of Violation to Timbermill representatives. NCDEQ representatives requested the
Project provide an updated Financial Responsibility Form.

NCDEQ noted during the meeting it has not released the first permit violation (soil stockpile) yet
and that it is still monitoring progress of establishing vegetation. NCDEQ plans to inspect the first

March 14, 2024, Meeting Summary Business Confidential and Proprietary
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violation area in the next two to four weeks and, pending successful establishment of vegetation,
will release this area from violation status. NCDEQ is planning for follow-up inspections of the
second and third violation areas in the near future.

March 08 Site Inspection
Representatives from NCDEQ and USACE summarized their findings from the March 08 site
inspection. Specifically, NCDEQ and USACE reinforced the importance of stabilizing disturbed
areas immediately after construction impacts have occurred. NCDEQ noted that based on the
permit violation areas and the corrective measures installed at the violation areas, the Project
should update its Erosion and Sediment Control Plan and resubmit it to NCDEQ.

Like-Kind Culvert Replacements
After evaluating proposed like-kind culvert replacements in the field during the March 08 site
inspection, USACE suggested Clean Water Act 404(f) provides an appropriate exemption for in-
kind culvert replacements to maintain existing agricultural and silvicultural uses of the roads.
Representatives from USACE requested the Project provide supporting information about
proposed like-kind culvert replacements in a package for the NCDEQ and USACE to review.
Requested information includes maps, rationale for the proposed changes, and documentation of
the conditions and lengths of existing culverts, where practicable.

Design Changes Proposed for Consideration
The group discussed other proposed design changes that were visited in the field during the
March 08 site inspection and introduced during the February 21 meeting. Representatives from
NCDEQ, USACE, and USFWS discussed potential permit compliance implications for these
potential design changes. USACE stated that prior to approving any design changes or 404(f)
exemptions, it must confirm with USFWS that the proposed design changes would not require
revising the Project’s Biological Opinion. The USFWS specifically mentioned it will assess whether
the proposed design modifications change the Project Description included in Section 2 of the
Biological Opinion. The Project will confirm that the proposed design changes are consistent with
impacts contemplated in the Biological Opinion, and will send an email to USFWS confirming that
the proposed design modifications will not change the Project Description in the Biological
Opinion.

Regarding potential temporary turning improvements required by Vestas for turbine delivery to
the Project site, the USACE clarified that any potential turning radii that require vegetation
clearing (but not grubbing or stumping) still need to be reviewed and approved by USACE and
NCDEQ prior to work occurring.

Representatives from NCDEQ and USACE requested information about these proposed design
changes separate from the requested in-kind culvert replacements. Requested information
includes maps of proposed changes, including supporting rationale for each proposed change,
revised impact exhibits, tabular summaries of impacts associated with each change, and a revised
Erosion and Sediment Control Plan reflecting these design changes and associated, installed
measures. Timbermill Wind agreed to follow up as soon as possible with the requested
information.

March 14, 2024, Meeting Summary Business Confidential and Proprietary
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The Project confirmed that the proposed design changes will not affect any new or non-
participating landowners.

Action Items:

• Timbermill Wind to provide updated Financial Responsibility Form to NCDEQ
• Timbermill Wind to provide NCDEQ and USACE with revised Erosion and Sediment Control
Plan sheet(s) for proposed design changes and permit violation areas
• Timbermill Wind to provide NCDEQ and USACE with request for approval of in-kind
culvert replacements under CWA 404(f), including supporting information
• Timbermill Wind to confirm proposed design changes do not require revisions to Project
Description in Biological Opinion. Timbermill Wind will communicate findings to USFWS
and USACE.
• Timbermill Wind to send USACE and NCDEQ request for approval of other design changes
with supporting information, including revised impact exhibits and revised Erosion and
Sediment Control Plan sheets.

March 14, 2024, Meeting Summary Business Confidential and Proprietary
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Attachment 1: PowerPoint Presentation Used During Meeting

03/14/24
March 14, 2024 -Project Update
Timbermill Wind
Confidential
1 –Introductions
2 –Site Inspection Debrief
3 –Proposed Design Changes
4 –Next Steps
2
Today’s Meeting Agenda
Confidential3
Proposed Design Changes
Changes required by Vestas
Updated transportation safety standards and port of delivery change to Riverbulk Port Facility north of Project, which alters already
authorized turning radii improvement dimensions and revises temporary culverts
Unforeseen Field Conditions
Based on conditions encountered in the field, propose revising the locations of culverts and appurtenant roads at permitted
crossings, replacing existing culverts in-kind in unsafe condition and staying on existing roads where feasible
Final Engineering Revisions
Changes made to the design during final engineering after issuance of IP/WQC in Feb 2023
Includes 1.2-acre cleared area described in Jan 2024 self-report of violation
Minor design adjustments to facilitate minimizing overall project impacts
Remain on existing roads and replace existing culverts rather than installing new, permitted culverts
Approximately 15 overall design changes are proposed for approval – including items previously discussed
Proposed design changes minimize impacts or results in no net change in impacts to WOTUS and streams/ditches.
Confidential
Permanent source of three-phase power
and fiberoptics (i.e., internet) to substation
1.2-acre strip has been cleared and
grubbed
IP Submittal at 30% electrical design
Permitted corridor not wide enough to
accommodate final electrical design
(cable spacing increased per NESC and
FERC safety standards)
Propose installing buried power and
fiber line required for substation
operation within cleared area along road
Area would be restored to emergent
wetland following installation
Proposed change results in no net change
in impacts to WOTUS or regulated streams.
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A. T15 to Substation Collection & Fiber Line
Final electrical design required additional separation between cables
Confidential5
A. T15 to Substation Collection & Fiber Line - continued
Final electrical studies required additional separation between cables
Confidential
Realign access road to remain on
existing farm road rather than
installing new road and culvert
crossings
Three existing farm culverts
replaced with new like-kind culverts
Upgraded existing road section,
width remained the same
No trees or vegetation were cleared
Reduced impact from installing
three new crossings
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B. Permanent Meteorological Tower 13 & Access Road
Design change to remain on existing road and replace existing culverts in-kind
Confidential7
C. Turbine Laydown Clearing Areas
Cleared area around turbines modified to avoid permitted ditch crossings
Confidential8
D. T22 - T23 Temporary Clearing
Self-reported area of temporary clearing between T-22 and T-23
•Approximately 1,000 sqft of wetland temporary clearing
•Area cleared but not grubbed, with tree stumps left in
place
•Area has been further stabilized and will be allowed to
grow back as forested wetland
Confidential9
E. Temporary Turning Radii
Vestas component delivery design dimensions changed after IP submittal resulted in revised tree clearing
•Turning dimensions within forested area
revised per manufacturer standard
specification
•Clearing areas required to provide safe
clearance from trees to
•Area has been further stabilized and will
be allowed to grow back as forested
wetland
Confidential10
F. T31 – T35 Temporary Access Road
Proposed temporary access road through
permitted Crane Path corridor to facilitate
delivery direction change
Road section of geofabric and 12" of
aggregate to handle component deliveries
Temporary culvert crossing already permitted
Reclaimed following construction and
deliveries of components
No additional impact
Temporary access road between T31 and T35 through Permanent Conversion area
Confidential11
G. C-54 Temporary Culvert
Delivery direction of components changed from south to north, shift culvert location to match
Location of culvert to shift south along
roadside ditch south to accommodate new
turning radius alignment
No additional impact
Confidential12
H. Additional Impact Minimization: MET Towers and Plowed Collection
The Project will not construct three permanent
meteorological (MET) towers 2, 3, and 4, as
contemplated in the Individual Permit
Not constructing these three facilities results in
1.48 acres reduction of Permanent impact
0.92 acres reduction of Temporary impact
Impact reductions are like-kind in wetland quality
compared to the 1.2 acre proposed change of
Conversion impact for the T15-Subtation
permanent power and fiber
All collection cable bored under ditches to
minimize impact. Permitted design assumed
trenching through ditches.
Omit three MET Towers and plowed all collection to reduce overall Project impacts
Confidential13
O. Relocate Electrical Feeders Within Permanent Conversion Area
The Project is proposing to reroute two electrical
feeders within a permitted crane path as Permanent
Conversion area
The new route reduces the number of ditches that
need to be plowed through
Area would revert to emergent wetland following
construction
Results in no additional impact
Relocate two electrical cables within a permitted Crane Path
Confidential14
P. T45 Access Road Realignment and Like-Kind Culvert Replacements
Road from T44 to 45
Shift proposed route to follow existing farm road
Omit installing three new permitted culvert
crossings
Remove and replace three existing culverts with
like-kind culverts
Proposed changes result in fewer overall impacts to
WOTUS or regulated streams.
Realign road and replace three culverts
Confidential15
Next Steps
Construction activities continue with:
Increased levels of compliance monitoring
and approval process in place for planned
work.
Timbermill Wind to provide USACE and
NCDEQ any additional supporting information
needed to document design change approval.
Turbine deliveries beginning in May
Continued open-communication between
Timbermill Wind and all agencies