20220790 Ver 1_Compliance Inspection Letter_20240322

Baker, Caroline D
From: Hank Seltzer <[e-mail]>
Sent: Friday, March 22, 2024 5:50 PM
To: [e-mail]; Dumpor, Samir; Goss, Stephanie
Cc: Biles, Lyn; Cole, Albert B; Pappas, Jordan; Jones, Jerry R; Parr, Adam;
[e-mail]; Wooten, Samantha; Lastinger, James C SAW;
[e-mail]; Kaleb Jeske; Shawn Stanislawski; Case Kittel
Subject: [External] Timbermill Wind: Like -Kind Culvert Replacements and Mar 14 2024 mtg
summary
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Mr. Scarbraugh, Mr. Dumpor, and Ms. Goss, et al.,
As we discussed during the recent site inspection (March 08, 2024) and subsequent meeting (March 14, 2024) in
Washington, the Timbermill Wind project is proposing to replace or has replaced existing culverts along
agricultural and silvicultural roads with like -kind culverts during Project construction.
The Project respectfully requests approval from the U.S. Army Corps of Engineers for an exemption under Section
404(f) of the Clean Water Act for these like -kind culvert replacements to maintain normal agricultural and forestry
activities by landowners.
The Project hereby confirms that it has the legal authority to replace these culverts like -kind under its easement
agreements with participating landowners. Specifically, under these agreements, the participating landowners
have given the Project permission to make road improvements along existing agricultural and silvicultural roads,
such as like -kind culvert replacements. No non -participating landowners are affected by the proposed
replacements.
Only one of the existing culverts proposed for like -kind replacement is larger than 24" in diameter and has the
potential to provide roosting habitat for the tri-colored bat. Per the Project's Biological Opinion, this culvert will be
inspected by a qualified biologist to confirm no roosting bats are present prior to commencing work around the
ends of the culvert. However, based on existing conditions (see Culvert 3016 in the Culvert Replacement
Supporting Documentation), it is unlikely that tri-colored bats are utilizingthis deteriorated culvert as a roost,
since flow is partially blocked, and water likely reaches the top of the culvert. No tree clearing is proposed or has
occurred as a result of these proposed like -kind culvert replacements.
As requested during our March 14t" meeting, we have prepared the attached Culvert Replacement Supporting
Documentation that provides detailed information about proposed like -kind culvert replacements. This document
supplements the Site Visit Booklet sent to you in advance of (and provided in -person at) the March 08, 2024, site
inspection and the presentation the Project shared during our March 14, 2024, meeting (meeting summary and
PowerPoint also attached).
There are three instances where the like -kind culvert replacement has already occurred (i.e., Proposed Design
Change B) and no documented technical information exists about the previous culverts. The Project has reviewed
these culverts with its construction contractor who conducted the culvert replacements, and those personnel
hereby affirm that they conducted like -kind replacements by installing culverts of the same length as previously

existed. Existing conditions at these culvert crossings (including the road width) are included in the Culvert
Replacement Supporting Documentation.
Information about these proposed like -kind culvert replacements is summarized in the attached Culvert Change
Log. This Log will direct you to source materials that contain narrative descriptions of each proposed change,
including the rationale for the change, the locations of supporting documentation, and whether these changes
were visited during the March 08, 2024, site inspection. Please note that each change in the Change Log has a
corresponding alphabetical ID. We can use this Change Log going forward to track approval of the like -kind culvert
replacements proposed by the Project.
These proposed like -kind culvert replacements will be captured in the pending, revised plan sheet exhibits, impact
summary tables, and revised Erosion and Sediment Control Plan sheets, all of which we plan to send to you for
review and consideration by April 5t", as indicated in my letter to Mr. Dumpor, dated March 20, 2024.
Thankyou foryour consideration of this information and when it's convenient foryou, please confirm receipt of
this email since the total file size is nearly 20 MB.
Sincerely,
Hank
Hank Seltzer
Environmental Permitting Director
Apex Clean Energy
120 Garrett Street, Suite 700, Charlottesville, VA 22902
Phone: [phone]
hank.seltzer@apexcleanenerg_y.com I www.apexcleanenergy.com
�1APEX
CLEAN ENERGY
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