Baseline Monitoring Plan

Scarbraugh, Anthony
From:
Barnes, Kyle W CIV USARMY CESAW (US) <[e-mail]>
Sent:
Monday, April 16, 2018 11:46 AM
To:
Johnston, Charlie; Kelly Hoyt; Hayes, Tim
Cc:
Wes Fryar; Scarbraugh, Anthony
Subject:
[External] Bethel Solar follow up
CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an
attachment to Report Spa m.<mailto:repo [e-mail]>
Gentlemen,
I am writing this as a follow up to our site visit to the Bethel Solar Restoration Project last Friday. I reviewed the file and
meeting notes regarding the Bethel Solar Restoration Project and Plan submitted in June of 2017 for Duke Energy
Renewables by Carolina Ecosystems. The following two bullets will hopefully pull together the information we discussed
last week.
- On June 30, 2017 we did discuss hydrology monitoring but did not set a methodology of where or how it would be
accomplished. By not requiring a modification at the end of that meeting I will drop my request from the site visit last
week to install wells or monitor hydrology.
- On July 19, 2017 1 sent Charlie an email indicating that I would move forward with approval of the restoration plan as
agreed upon during our June 30, 2017 meeting and site prep could move forward prior to that approval if needed. The
Corps didn't receive a modified plan that resulted from the June 30, 2017 meeting other than the planting information
submitted by Land Management Group (LMG). At this point I think we became sidetracked with the Windsor Solar Site
restoration because I didn't follow up with the status of the revised Bethel Plan and I didn't receive anything indicating
the revisions.
At this point after reviewing the site conditions last week and to keep the progress that has already been made I will
agree to the Bethel Solar Wetland Restoration Plan June 2017 as is including the Bethel Solar Restoration Project
Baseline Monitoring Report submitted by LMG on April 12, 2018. Hopefully this site will have favorable growing
conditions and we will see positive results in September.
Kyle Barnes
Regulatory Project Manager
US Army Corps of Engineers
Wilmington District
Washington Field Office
910-251-4584
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:
http:Hcorpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 <http:Hcorpsmapu.usace.army.mil/cm_apex/f?p=136:4:0>
Thank you for taking the time to visit this site and complete the survey.

Scarbraugh, Anthony
From: Scarbraugh, Anthony
Sent: Thursday, March 01, 2018 9:08 AM
To: 'Barnes, Kyle W CIV USARMY CESAW (US)'; Wes Fryar
Subject: RE: [External] RE: Bethel Solar Restoration - Planting & Baseline Completion
Wes,
I concur with Kyle on both scheduling a baseline inspection and personal schedule.
Thanks,
Anthony Scarbraugh
Environmental Senior Specialist
Division of Water Resources— Water Quality Regional Operations Department of Environmental Quality
252 948 3924 office
[e-mail]
943 Washington Square Mall
Washington, NC 27889
Email correspondence to and from this address is subject to the North Carolina Public Records law and may be disclosed
to third parties.
-----Original Message -----
From: Barnes, Kyle W CIV USARMY CESAW (US) [mailto:[e-mail]]
Sent: Thursday, March 01, 2018 9:05 AM
To: Wes Fryar <[e-mail]>; Scarbraugh, Anthony <[e-mail]>
Subject: [External] RE: Bethel Solar Restoration - Planting & Baseline Completion
CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an
attachment to Report Spam.<mailto:[e-mail]>
Thanks Wes. We should probably do a quick site visit for a baseline. I'll leave that to you to set up a date. Please keep in
mind that my schedule is about 4-5weeks out right now.
Kyle Barnes
Regulatory Project Manager
US Army Corps of Engineers
Wilmington District
Washington Field Office
910-251-4584

-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:
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 <http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0>
Thank you for taking the time to visit this site and complete the survey.
-----Original Message -----
From: Wes Fryar (mailto:[e-mail]]
Sent: Wednesday, February 28, 2018 12:30 PM
To: Scarbraugh, Anthony<[e-mail]>; Barnes, Kyle W CIV USARMY CESAW (US)
<Kyle. [e-mail]>
Subject: [Non-DoD Source] Bethel Solar Restoration - Planting & Baseline Completion
Hey guys,
Bethel is planted and baseline has been performed with five, 50x50 plots in the wetland areas (see attached kmz). Site
looks good and the planters did an excellent job. A picture is also attached showing the planters in action. I expect to
have the report out in a couple of weeks. Thank you both and let me know if you have any questions,
Wes Fryar
Environmental Scientist - Project Manager
Land Management Group, Inc.
3805 Wrightsville Ave, Suite 15, 28403
910-452-0001

Scarbraugh, Anthony
From: Barnes, Kyle W SAW <[e-mail]>
Sent: Friday, October 14, 2016 12:13 PM
To: [e-mail]; Eric Schudt
Cc: Biddlecome, William J SAW; Scarbraugh, Anthony
Subject: Bethel Solar
Gentlemen,
I hope that everything has gone well for you and your families during the hurricane event. I am sure that there
are things associated with work that have been affected but hopefully it can be resolved quickly and safely.
The primary reason I am contacting you is to discuss the status of the Bethel Solar Site and where we stand with
finalizing the JD associated with the Notice of Non -Compliance (notice). On June 30, 2016 we met at the Bethel site to
confirm the jurisdictional resources that were identified as requested in the notice. During the site review we discussed
a tributary that was removed on the western end of the property. My notes reflected that the feature should be
identified as jurisdictional from the point where it turned west downstream to the tributary labelled as "SA". The plat
that was revised and submitted to the Corps on August 8, 2016 indicating jurisdictional features subject to Section 404
of the Clean Water Act (CWA) on did not indicate that tributary. During our site visit to the Windsor Solar Site on
September 14, 2016 we discussed the Bethel site plat revision and how it would be needed to allow the Corps to move
forward with resolving the issues at the Bethel site.
Can you please provide me with a timeline as to when you will be providing the plat revision indicating all the
jurisdictional resources on the Bethel Solar Site? If you have any questions please contact me by email or at the number
listed below.
Kyle
Kyle Barnes
Regulatory Specialist
US Army Corps of Engineers
Wilmington District
Washington Field Office
910-251-4584
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:
http:Hcorpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 <http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0>
Thank you for taking the time to visit this site and complete the survey.

Scarbraugh, Anthony
From: Wes Fryar <[e-mail]>
Sent: Thursday, April 12, 2018 12:02 PM
To: Scarbraugh, Anthony; Kyle.W.Barnes
Cc: Kelly Hoyt
Subject: [External] Bethel Solar - Baseline Monitoring Report
Attachments: Bethel Solar -Baseline Monitoring Report.pdf
Hey guys,
I have attached a copy of the Baseline report for the Bethel Solar Restoration Project. I will bring a hard copy to
the meeting tomorrow for reference. Please let me know of you have any questions. Thank you!
Wes Fryar
Environmental Scientist - Project Manager
Land Management Group, Inc.
3805 Wrightsville Ave, Suite 15, 28403
910-452-0001

Bethel Solar Restoration Project
Baseline Monitoring Report
Pitt County, NC
Tar -Pamlico River Basin
(Cataloging Unit #03020103)
Prepared for..
SunEnergyl
192 Raceway Drive
Mooresville, NC28117
Prepared by:
LMG
LAhTNAXAGfNEMI G0.011V m�
l nruanrnrnrortamu imus
Wilmington, N.C.
April 2018

TABLE OF CONTENTS
1.0. EXECUTIVE SUMMARY............................................................................................................1
2.0. PROJECT OVERVIEW...............................................................................................................1
3.0 MONITORING REQUIREMENTS............................................................................................2
A. WETLAND RESTORATION SUCCESS CRITERIA.....................................................................2
4.0 MONITORING RESULTS (Baseline)....................................................................................3
A. VEGETATION MONITORING.......................................................................................................3
5.0 CONCLUSION..............................................................................................................................4
LIST OF FIGURES, TABLES, AND APPENDICES
Figure1.........................................................................................................................................Impact Map
Figure2...................................................................................................................... Planting Area/Plot Map
Table 1.......................................................................... Annual Monitoring Data Sheets, Baseline — Planted
Table 1A...................................................................... Annual Monitoring Data Sheets, Baseline — Volunteer
AppendixA.......................................................................................................................... Site Photographs
Appendix B.............................................................................................................. Agency Correspondence

1.0 EXECUTIVE SUMMARY
On behalf of SunEnergy1, Land Management Group (LMG) has completed baseline monitoring of
the Bethel Solar Site (-9.5 acres) located at/near NC Highway 11 and Cemetery Road, in the town
of Bethel, Pitt County, NC. The Bethel Solar Site restoration project consists of 9.5 acres of land
consisting of a wet hardwood flat wetland system in the Tar -Pamlico River Basin (USGS 8 -digit
Hydrologic Unit 03020103; DWQ Subbasins 03-03.03; 03-03-05; 03-03-06). The following
Baseline Monitoring Report (AMR) is specific to the 9.5 acres that were impacted via mechanized
land clearing. Planting of these areas was completed on February 28th, 2018. Restoration work
included planting of characteristic non -riparian wet hardwood flat tree seedlings.
Per the approved restoration plan and correspondence with the NC Division of Water Resources
(DWR) and the US Army Corps of Engineers (USAGE), monitoring of the site includes the
assessment of vegetative conditions over the course of a three year monitoring period. Following
the completion of the site planting, a total of five (5) permanent 0.05 acre (50' x 50') plots were
established throughout the planted 9.5 acre restoration areas.
Baseline monitoring was conducted on February 28th, 2018 at each of the five (5) plots. A total of
160 individuals of the planted species were counted throughout the five (5) plots, which correlates
to an average of 640 stems/acre within the project area (Table 1). Site photographs documenting
the site planting and baseline monitoring are included in Appendix A.
2.0 PROJECT OVERVIEW
In 2017, SunEnergy1 received a Notice of Violation and Recommendation for Enforcement (NOV-
2015-PC-0155) from the North Carolina Division of Water Resources (DWR) for a Wetland
Standard Violation and failure to secure a 401 Water Quality Certification. Unauthorized activities
included the excavation, grading, grubbing, and clearing of jurisdictional wetlands during the on-
site land clearing for the installation of a solar facility. In June, 2017, a written response and
Restoration Plan was submitted to NCDWR as a follow-up to address unauthorized impacts to
jurisdictional wetlands. On July 18(h, 2017, NCDWR issued a letter approving the Restoration Plan
Bethel Solar Restoration Project
Baseline -Monitoring Report

and set a date of March 1, 2018 as the deadline for restoration completion. To hedge against bad
weather, and lack of acceptable tree stock, the completion date was granted an extension until
March 15th, 2018. Site planting of the 9.5 acre restoration area was initiated on February 28th,
2018. Refer to Figure 1 for a depiction of the restoration areas. Restoration activities included
planting of characteristic non -riparian wet hardwood flat trees. Planting was completed on
February 28th, 2018. Relevant agency correspondence is included in Appendix B.
3.0 MONITORING REQUIREMENTS
Annual monitoring is being conducted near the end of each growing season for a period of three
years. This monitoring includes only a vegetative component per the approved restoration plan.
The vegetative component for the Bethel Solar site includes an assessment of the conditions within
each of the five (5) permanent monitoring plots that have been established throughout the project
area (Figure 2).
A. Wetland Restoration Success Criteria
The wetland restoration effort is evaluated based upon performance criteria related to vegetative
density. As is typical for restoration sites, stems of non -planted species tend to volunteer within a
restored site. Volunteers of characteristic wetland species (i.e. "suitable" or "desirable" species)
serve as indicators of appropriate hydrologic regimes and provide increased diversity. This
diversity in plant species enhances niche microhabitat and is an important aspect of wetland
restoration. Per the restoration plan, suitable volunteers and volunteers including native
successional species such as red maple, tulip poplar, and sweet gum may be counted towards the
established success criteria.
The proposed success criteria for the restored areas of the Bethel Solar project area are:
1. Demonstrated density of planted species to meet or exceed 260 trees per acre at the end
of three years (post -planting). The agencies may allow for the counting of volunteer
species toward the 260 -tree per acre density.
Bethel Solar Restoration Project 2
Baseline -Monitoring Report

As stated in the restoration plan, a mixture of hardwood species were planted as part of the
restoration effort. Planted trees include species of: (1) swamp chestnut oak (Quercus michauxii),
(2) water oak (Quercus nigra), (3) willow oak (Quercus phellos) and (4) green ash (Fraxinus
pennsylvanica).
4.0 MONITORING RESULTS (Baseline)
A. Vegetation Monitoring
A total of 160 individuals of the planted species were counted throughout the five (5) plots, which
correlated to an average of 640-stems/acre within the project area (Table 1). The observed number
for Baseline monitoring is well above the required 260-stems/acre at the end of the third year (post -
planting). Willow oak (Quercus phellos) was the most abundant woody species, with a total of 67
individuals. Other planted species such as green ash (Fraxinus pennsylvanica), and water oak
(Quercus nigra) were also prevalent within the monitored plots.
In addition to the planted species, volunteers were also observed within each plot. Table 1 and
Table 1A provide species composition by plot for both planted and volunteer species, respectively.
Overall, the vegetative composition (including planted and observed volunteers) is characteristic of
the target wet hardwood flat wetland community.
Of particular note during Baseline monitoring was the sustained densities of facultative wet
(FACW) and obligate (OBL) herbaceous vegetation within the plots. Herbaceous species
composition was dominated by characteristic wetland species such as soft rush (Juncus effusus),
sedge (Carex spp.), bulrush (Scirpus cyperinus), and bushy bluestem (Andropogon glomeratus).
Refer to Appendix A for site photos of the restoration area and site planting.
Bethel Solar Restoration Project 3
Baseline -Monitoring Report

TABLE 1. ANNUAL MONITORING DATA SHEET (BASELINE) • PLANTED
SPECIES
PLOT 1
PLOT 2
PLOT 3
PLOT 4
PLOT 5
TOTAL
Fraxinus pennsylvanica
7
9
14
13
4
47
Green Ash
Selixnigra
4
0
Quercus phellos
14
10
12
14
17
67
Willow Oak
Quercus nigra
6
8
1
2
10
27
Water Oak
Quercus michauxii
Swam Chestnut Oak1
5
5
3
3
3
19
TOTAL
32
130'
,i, . 2
a<
5,
TABLE 1A. ANNUAL MONITORING DATA SHEET (BASELINE)- VOLUNTEERS'
SPECIES
PLOT 1
1 PLOT 2
PLOT 3 1 PLOT 4
1 PLOT 5
1 TOTAL
Sambucus nigra
0
1
0 0
0
1
Black Elderberry)
Selixnigra
4
0
0 0
1
5
BIacA t111ow
"- grey squares represent acceptable volunteer species I white squares represent unacceptable volunteer species. Acceptable
species will be included when determining if the minimum density success criteria has been mel on an annual basis
The combination of planted species and acceptable volunteers suggest that the site is posed well
for successful restoration of the target community. During the Baseline monitoring event, each of
the five (5) plots readily exceeded the minimum density success criterion (i.e. equal to 260 stems
after three years). The overall density and composition of planted and desirable volunteer species
is consistent with the target wetland community type. This diversity of species will likely continue
through the duration of the project due to the abundant native seed source and natural dispersal
patterns.
5.0 CONCLUSION
Based on the data collected in conjunction with the Baseline monitoring event, the site appears to
be progressing well towards the target wet hardwood flat community. Average stem densities on all
of the plots are sufficient to meet the applicable success criteria. The vegetative component of the
project appears to be progressing well as evidenced by the enumerated number of planted species
and the recruitment of characteristic volunteer species. Each of the five (5) plots exceeded the
minimum success criteria during the Baseline monitoring event.
Bethel Solar Restoration Project
Baseline -Monitoring Report

FIGURES

O- Restoration Site
-Approximate Wetlands
® - Plot Location (5 -(0.05 ac) Plots)
-Approximate Tributary
Boundaries are approximate and are not meant to be absolute.
Map Source: 2014 NAPP Imagery
Bethel Solar
Pitt County, NC
April 2018
LMG # 40-17-349
LMG
I.�_VII.IAAAI[iUl Vf(�P(I,il-.
www.lmgroup.net
3805 Wrightsville Avenue
Wilmington, NC 28403
Phone: [phone] Fax: [phone]
RCI F 1" = 9nn'
Figure 2
Plot Location Map

APPENDIX A -
SITE PHOTOS

ew
sy �
Y s7�x�i sw•J: ' . �'e�. ���
View of pre -planting site conditions
View of planting crew planting trees
Bethel Solar LMG
Restoration Project (Z Appendix A:
Pitt County, NC www.LMGroup.net Site Photographs
40-17-349 Phone: 910A52.0001 • Fax: [phone]
April 2018 3805 Wrightsville Ave
Wilmington, NC 28403

View of planting crew planting trees
View of planting crew planting trees
Bethel Solar LMG
Restoration Project
Pitt County, NC Appendix A:
40-17-349 www.LMGroup.net Site Photographs
Phone: [phone] • Fax: [phone]
April 2018 3805 Wrightsville Ave
Wilmington, NC 28403

e
View of planting crew planting trees
Baseline monotoring: Plot 2
Bethel Solar
LMG
Restoration Project
Pitt County, NC
www.LMGroup.net
Appendix A:
Site Photographs
40-17-349
Phone: [phone] • Fax: [phone]
April 2018
3805 Wrightsville Ave
Wilmington, NC 28403

Baseline Monitoring
"�tlM
View of swamp chestnut oak in Plot 4
Bethel Solar LMG
Restoration Project 4 1 1 11 � ! '.'
Pitt County, NC www.LMGroup.net Appendix A:
40-17-349 Phone: [phone] • Fax [phone] Site Photographs
April 2018 3805 Wrightsville Ave
Wilmington, NC 23403

APPENDIX B -
AGENCY CORRESPONDENCE

Water Resources
EnvironmMel Quality
March 20, 2017
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Director
CERTIFIED MAIL #70161370 0002 2184 6190 CERTIFIED MAIL #70161370 0002 2184 6206
RETURN RECEIPT REQUESTED RETURN RECEIPT REQUESTED
Duke Energy Renewables NC Solar, LLC SunEnergyl, LLC
Attn: Mr. Tom McNay, Vice -President Attn: Mr. Kenny Habul, President
550 South Tyron Street 192 Raceway Drive
Charlotte, NC 28202 Mooresville, NC 28117
Subject: NOTICE OF VIOLATION and RECOMMENDATION FOR ENFORCEMENT
NOV-2017-PC-0155
Bethel Solar Site
Pitt County
Dear Messrs. McNay and Habul:
On March 9, 2016, Anthony Scarbraugh, Robert Tankard and Don Burke of Division of Water Resources
(DWR) Washington Regional Office and Kyle Barnes of the US Army Corps of Engineers (US ACE) conducted
a site inspection of the constructed Bethel Solar Site, located at 155 Lewis Street in Town of Bethel, Pitt
County, NC. Eric Schudt, formerly of SunEnergy 1, LLC, (SE3)was also present during the inspection. On
June 30, 2016, a follow up inspection was conducted by Messrs. Scarbraugh and Barnes. During the
inspection, DWR staff meet with Mr. Schudt, Charles Johnston of Duke Energy Renewables NC Solar, LLC
(Duke Renewables) and Brian Smith of Carolina Ecosystem, Inc. (CEI) to discuss the site conditions and
review the wetland delineation performed by CEI. Please note, the DWR and US ACE has been working
with SEl and/or Duke Renewables over the past year to quantify the unauthorized impacts onsite.
During the DWR Inspections, the investigators observed grading, grubbing and filling resulting in
approximately 9.5 acres of unauthorized wetlands impacts and RII and rerouting of approximately 800
linear feet of unnamed tributaries to Grindle Creek resulting from the development of the onsite solar
array along the southeastern portion of the property. These impacts have occurred without the Issuance
of a 401 Water Quality Certification.
As a result of the site inspections and file review, the following violations, detailed below, are noted:
(1) Failure to Secure a 401 Water Quality Certification
(2) Wetland Standard Violation
1) Failure to Secure 401 Water Quality Certification (Title 15A NCAC 02H .0500)
The impacts to the wetlands and/or stream require permits from both the Army Corps of Engineers and
the Division of Water Resources. DWR �4situ g lPomparcs6�lrmed that impacts occurred without
smic or North Camlina I Envnunmenlal Quality I Water Resomca-Water Qualily Regiocal Opentrorn SsliorvWashingron Regional Office
943 Wmhingim Square Mall, Washington, North Carolina 27889
252.946.64BI

a 404 Permit from the U.S. Army Corps of Engineers. A file review indicates that the U.S. Army Corps of
Engineers (COE) has not authorized use of a 404 Permit for this activity nor has notification been provided
to the COE for this activity. The file review confirmed that the Division of Water Resources has not issued
401 Water Quality Certification for the subject site. A 401 Water Quality Certification is required prior to
the above-mentioned impacts pursuant to 15A NCAC 02H .0500.
2) Wetland Standard Violation (15A NCAC 026 .0231)
The wetland impacts from clearing, grading, earthen fill, the installation of solar panels, associated
Infrastructure, and road improvements represents violations of 15A NCAC 02B.0231(b) (1) Liquids, fill or
other solids or dissolved gases may not be present in amounts which may cause adverse impacts on
existing wetland uses; (5) Hydrological conditions necessary to support the biological and physical
characteristics naturally present in wetlands shall be protected to prevent adverse impacts on: (C) The
chemical, nutrient and dissolved oxygen regime of the wetland; (D) The movement of aquatic fauna; (F)
Water levels or elevations.
Requested Response
This Office requests that you respond to this letter in writing within 15 calendar days of receipt of this
Notice. Your response should be sent to this Office at the letterhead address. Your response should
address the following:
1. Within 15 calendar days of receipt of this Notice, please provide a plan of action with specific time
frames and dates to accomplish the below items.
2. Please explain when construction (clearing, grading, earthen fill, the installation of solar panels,
associated infrastructure, and road improvements) began at the site and how these impacts
occurred.
3. Please clearly explain why appropriate 401 Water Quality Certification and a 404 Permit were not
secured.
4. Please provide documentation (including a detailed site map/survey) depicting all jurisdictional water
features (e.g. streams, wetlands and/or waters) on the site. This documentation should describe and
quantify the impacts to those jurisdictional features, and should include plans to avoid further
unauthorized impacts on the site.
5. Please submit a Restoration Plan to this Office for review and approval. You are encouraged to secure
a consultant to assist you with your plan development and with obtaining any permit, certification,
and/ or authorization necessary to achieve compliance. This plan should include the following:
a.) Permit Application — If you wish for any impacts to remain In place, you must contact the U.S.
Army Corps of Engineers (USACOE) for information on the type(s) of permit required.
Depending on the type of permits USACOE requires, application for a 401 Water Quality
Certification to DWR will also be required.
b.) Wetland Restoration Plan (Wetland impacts) — The restoration plan must detail how the
unauthorized impacts to wetlands that cannot be permitted will be removed and how the
wetlands will be restored. This information must be clearly depicted on a map that you

provide as a part of this response. This map should also indicate all of the wetlands locations
on the tract as well as the wetland areas that have been impacted.
Satisfactory wetland restoration requires the replanting of atleast 2 native hardwood wetland
species and the maintenance of a stem density/survivorship of at least 260 trees per acre at
the end of 3 years.
c.) Please indicate in your response a schedule with dates detailing when the restoration will be
accomplished. This schedule should include a three-year monitoring plan to ensure that the
wetlands are restored. It Is the expectation of this Office that the restoration will be
completed by December 1, 2017.
6. Finally, you should include in your response an explanation of how you propose to prevent these
problems from reoccurring on this project and on future projects.
""You are encouraged to secure a consultant to assist you with your plan development, permit
certification, and authorization necessary to achieve compliance.****
Thank you for your attention to this matter. DWR requires that the violations, as detailed above, be
abated immediately and properly resolved. This Office isconsidering arecommendation for civil penalty
assessment to the Director of the Division of Water Resources and/or an injunction request to the
Attorney General's Office regarding the ongoing violations on your site.
Pursuant to G.S. 143-215.6A, the above mentioned violations and any future violations are subject to a
civil penalty assessment of up to a maximum of $25,000.00 per day for each violation. Pursuant to G.S.
143-215.6C, OWR can request injunctive relief through the courts to obtain compliance on the site. Your
above-mentioned response to this correspondence will be considered In any further process that may
occur.
This Office appreciates your attention to this matter and efforts to resolve the above noted concerns.
Should you have any questions regarding these matters, please contact Anthony Scarbraugh at (252) 948-
3924 or myself at [phone].
Sincerely,
U4 ­2�4-
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
cc: Shelton Sullivan -401 & Buffer Permitting Branch
WaRO Files
Kyle Barnes— US ACOE- Washington Office (via e-mail)
Samir Dumpor—DELNIR WaRO (via e-mail)
Jay Keller— Keller Environmental, LLC (via e-mail: [e-mail])
Chris Hooper, Carolina Ecosystems, Inc. (via e-mail: [e-mail])

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
ORM 1D. SAW -2016-00653
County: Pitt
NOTIFICATION OF UNAUTHORIZED ACTIVITY
PERMIT NONCOMPLIANCE
Responsible Party: SUNENERGYI c/o Eric Schudt
Address: 192 Raceway Drive
Mooresville, North Carolina 28117
Telephone Number: [phone]
Size and location of property (include waterbody, road name/number, town, etc.): The subject property
identified as Bethel Solar is a 50 acre Parcel located west of Main Street and south of W Lewis
Sirect in the town of Bethel in Pitt County, North Carolina.
Description of Unauthorized Activity/Permit Noncompliance: Unauthorized clearing and filling of
jurisdictional wetlands to facilitate the construction of a solar farm.
Indicate which of the following apply:
X Unauthorized Activity _ Rivers and Harbors Act, Section 10 (33 USC 403)
_ Permit Noncompliance X Clean Water Act, Section 301 (33 USC 1311)
Unless you have a valid Department of the Army permit for the above described activity, it may be a
violation of federal law as specified above. We are currently working with your consultant to determine
the extent of the unauthorized work and to pursue options to bring your project into compliance. We
recommend that you immediately cease activities within jurisdictional areas until the existing work can be
brought into compliance with federal law. As you have been notified that the prior work is
potentially a violation of federal law, any further unauthorized work in waters or wetlands may be
considered an intentional violation of federal law. If you continue to work in waters and wetlands without
the required authorization, and/or fail to perform the requested remedial action, the Corps may take
further administrative action and may request the U.S. Attorney to file suit against you.
If you have an questions regarding this action or would like further information on the Corps of
Engineers Regulatory Program, please contact Kyle Barnes at [phone].
Remedial Action Requested On March 9.2016 you met with a US Army Corps of Engineers (Corns
representative as well as renresentatives from the North Carolina Denartment of Eavronmental
Ounlity to reveview areas within the recently installed Bethel Solar farm for potential unauthorized
impacts to iurisdictional wetlands and waters. During that inspection an area in the south east
portion of the property exhibited wetland characteristics. The exact acreage of the wetland was not
identified but appeared to be larger than an acre. Additionally approximately 850 linear feet of
iurisdictional waters had been filled during the development of this site.
Please submit a plan to this office within 30 days of the receipt of this letter that reestablishes the
wetland boundary and the alignment of the waters that were removed. This plan should also
include the existine solar panel alignment within those iurisdictional areas. Once you have

submitted the requested information a Corns Protect Manager will schedule a site visit to confirm
your findings and discuss remedial actions.
Your signature acknowledges receipt of this notification
Property Owner/ Responsible Party
BARNES.KYLE.WIL
Date April 5.2016
Corps Regulatory Official LIAMJ388035397 „.,;t„

From: Barnes. Kyle W CIV USARMY CESAW (USI
To: Scarbrauah. Anthony; Wes Frvar
Subject: RE: [External] Bethel Solar Tree Swap
Date: Thursday, November 16, 2017 7:58:58 AM
Works for me as well
Kyle Bames
Regulatory Project Manager
US Army Corps of Engineers
Wilmington District
Washington Field Office
910-251-4584
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:
<hnrr//cnrnsmaminsacenrmvmll/em nnex/Y/n=14fi-4•0>
Thank you for taking the time to visit this site and complete the survey.
-----Original Message -----
From: Scarbraugh, Anthony fmailto:[e-mail]]
Sent: Thursday, November 16, 2017 7:50 AM
To: Wes Fryar <[e-mail]>; Barnes, Kyle W CIV USARMY CESAW (US)
<Kyle. [e-mail]>
Subject: [EXTERNAL] RE: [External] Bethel Solar Tree Swap
Mr. Fryar,
This Office will except the change from laurel oak to willow oak due to the lack of availability.
Thanks,
Anthony Scarbraugh
Environmental Senior Specialist
Division of Water Resources - Water Quality Regional Operations
Department of Environmental Quality
252 948 3924 office
[e-mail]

943 Washington Square Mall
Washington, NC 27889
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Wes Fryar [mailto:wfryar .Imnroup.net]
Sent: Wednesday, November 15, 2017 1:14 PM
To: Scarbraugh, Anthony <amhony.scarbraugh@ncdenngov>; [e-mail]
Subject: [External] Bethel Solar Tree Swap
CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an
attachment to [e-mail] <mailto:renort.snam4nc.¢ov> .
Hi Guys,
I am having no luck finding laurel oaks as specified in the Bethel Solar restoration plan. Apparently, no nursery
carries laurel oak for some reason. Instead, I would like to swap out the laurel oaks for willow oaks. Please let me
know if this is acceptable with you guys and I will go ahead and secure the tree order. Thank you -
Wes Fryar I Environmental Scientist - Project Manager
Direct: 452-0001 x 1927 1 Cell: 910.471.0018 1 Fax: [phone]
Email: [e-mail] <mailto:wfryar Imgroun.net> I Website: Blockedwww.lmgroup.net
<Blockedhttp://www.lmgroup.net/>
Land Management Group, Inc I Environmental Consultants
3805 Wrightsville Ave I Suite 151 Wilmington, NC 28403

From: Scarbraugh, Anthony
To: Wes Frvar; Kyle.W.BarnesColusace army mil
Subject: Re: [External] Bethel Solar Restoration Project
Date: Monday, November 06, 2017 7:50:25 PM
Attachments: imaae001.toc
Wes,
The Division of Water Resource will grant the extension per your request.
Regards,
Anthony Scarbraugh
From: Wes Fryar<[e-mail]>
Sent: Monday, November 6, 2017 5:21:04 PM
To: Scarbraugh, Anthony; [e-mail]
Subject: [External] Bethel Solar Restoration Project
CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an
attachment to [e-mail].
Hi Guys,
I just wanted to let you know that we have been awarded the job to perform site planting and
baseline monitoring for the Bethel Solar Project for SunEnergyl. I plan on getting some trees
ordered this week and will get a date locked in for planting. Per the restoration plan it calls for the
site to be planted in December -February. We have done a lot of planting over the years and have
found that planting in the first or second week in March can hedge against tree death from late
winter frosts. I wanted to run it by you to see if we can get an extension to have the site planted by
March 15, 2018, similar to what we did for Kelford. We would just feel a lot better about waiting
until early March to plant if we end up having a cold end -of -winter. It's good to have the option.
What do you think? If not, we can always just plan on the end of February. Thanks and talk to you
soon on this once I have some trees ordered -
Wes Fryar I Environmental Scientist — Project Manager
Direct: 452-0001 x 1927 1 Cell: 910.471.0018 1 Fax: [phone]
Email: ziftar({j�lmgrotlp net I Website: www.lmarouo.net
Land Management Group, Inc I Environmental Consultants
3805 Wrightsville Ave I Suite 151 Wilmington NC 28403
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From: Barnes. Kyle W CIV USARMY CESAW (US)
To: Wes Frvar; "Scarbrauoh, Anthony"
Subject: RE: Bethel Solar Restoration Project
Date: Tuesday, November 07, 2017 10:13:08 AM
Wes,
Your proposal to move your planting date is fine with the Corps.
Kyle Barnes
Regulatory Project Manager
US Army Corps of Engineers
Wilmington District
Washington Field Office
910-251.4584
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:
h, ttp:Heorpsmapu usace armv mil/cm ape /Yrn=136.4.0<http://corpsmanp:.usace.army.mil/cm anex/ftp=13kA:0>
Thank you for taking the time to visit this site and complete the survey.
-----Original Message -----
From: Wes Fryar [mailto:wfrvarQlmgroun.net]
Sent: Monday, November 06, 2017 5:21 PM
To:'Scarbraugh, Anthony' <[e-mail]>; Barnes, Kyle W CIV USARMY CESAW (US)
<Kyle. [e-mail]>
Subject: [EXTERNAL] Bethel Solar Restoration Project
Hi Guys,
I just wanted to let you know that we have been awarded the job to perform site planting and baseline monitoring for
the Bethel Solar Project for SunEnergy1. I plan on getting some trees ordered this week and will get a date locked in
for planting. Per the restoration plan it calls for the site to be planted in December -February. We have done a lot of
planting over the years and have found that planting in the first or second week in March can hedge against tree
death from late winter frosts. I wanted to run it by you to see if we can get an extension to have the site planted by
March 15, 2018, similar to what we did for Kelford. We would just feel a lot better about waiting until early March
to plant if we end up having a cold end -of -winter. IVs good to have the option. What do you think? If not, we can
always just plan on the end of February. Thanks and talk to you soon on this once I have some trees ordered -
Wes Fryar I Environmental Scientist - Project Manager
Direct: 452-0001 x 1927 1 Cell: 910.471.0018 1 Fax: [phone]
Email: [e-mail] <mailto•wfryar Imgrooup.net> I Website: Blockedwww.lmgroup.net
<Biockedhttp://www.lmgroup.net/>
Land Management Group, Inc I Environmental Consultants

Scarbraugh, Anthony
From: Wes Fryar <[e-mail]>
Sent: Thursday, March 01, 2018 9:45 AM
To: Barnes, Kyle W CIV USARMY CESAW (US); Scarbraugh, Anthony
Subject: [External] RE: Bethel Solar Restoration - Planting & Baseline Completion
Attachments: DSCN1775.JPG; DSCN1791.1PG; DA 0015.1PG
CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an
attachment to Report Spam.<mailto:[e-mail]>
That works! I have confirmed with SunEnergy and we are all set.
I'm not sure if you got the pic that I inserted into the email yesterday (from my phone) so I have attached a couple more
of the planters in action for your file. I also attached a pic of a typical plot. Thanks,
Wes Fryar I Environmental Scientist - Project Manager
Direct: 452-0001 x 1927 1 Cell: 910.471.0018 1 Fax: [phone]
Email: [e-mail] I Website: www.lmgroup.net land Management Group, Inc I Environmental Consultants
3805 Wrightsville Ave I Suite 15 1 Wilmington, NC 28403
-----Original Message -----
From: Barnes, Kyle W CIV USARMY CESAW (US) [mailto:[e-mail]]
Sent: Thursday, March 01, 2018 9:16 AM
To: Wes Fryar <[e-mail]>; Scarbraugh, Anthony <[e-mail]>
Subject: RE: Bethel Solar Restoration - Planting & Baseline Completion
Wes,
Anthony and I can do April the 11th. How does 10am work?
Kyle Barnes
Regulatory Project Manager
US Army Corps of Engineers
Wilmington District
Washington Field Office
910-251-4584
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:
http:Hcorpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 <httP:Hcorpsmapu.usace.army.mil/cm_apex/f?p=136:4:0>
Thank you for taking the time to visit this site and complete the survey.

-----Original Message -----
From: Wes Fryar [mailto:[e-mail]]
Sent: Thursday, March 01, 2018 9:09 AM
To: Barnes, Kyle W CIV USARMY CESAW (US) <[e-mail]>; Scarbraugh, Anthony
<anthony.sca rbraugh @ncdenr.gov>
Subject: [Non-DoD Source] RE: Bethel Solar Restoration - Planting & Baseline Completion
Hi Kyle,
I meant to mention that in my email yesterday. If you guys could get together on a date that suits you both I can
accommodate your schedule -just let me know. I will need to coordinate with SunEnergy and Duke Power for entry.
Wes Fryar I Environmental Scientist - Project Manager
Direct: 452-0001 x 1927 1 Cell: 910.471.0018 1 Fax: [phone]
Email: [e-mail] I Website: Blockedwww.lmgroup.net Land Management Group, Inc I Environmental
Consultants
3805 Wrightsville Ave I Suite 15 1 Wilmington, NC 28403
-----Original Message -----
From: Barnes, Kyle W CIV USARMY CESAW (US)[mai Ito: [e-mail]1]
Sent: Thursday, March 01, 2018 9:05 AM
To: Wes Fryar <[e-mail]>; Scarbraugh, Anthony <[e-mail]>
Subject: RE: Bethel Solar Restoration - Planting & Baseline Completion
Thanks Wes. We should probably do a quick site visit for a baseline. I'll leave that to you to set up a date. Please keep in
mind that my schedule is about 4-Sweeks out right now.
Kyle Barnes
Regulatory Project Manager
US Army Corps of Engineers
Wilmington District
Washington Field Office
910-251-4584
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:
Blocked http:Hco rpsma pu. usace.a rmy.m i I/cm_a pex/f?p=136:4:0
<Blockedhttp://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0>
Thank you for taking the time to visit this site and complete the survey.
-----Original Message -----
From: Wes Fryar [mailto:[e-mail]]
Sent: Wednesday, February 28, 2018 12:30 PM
To: Scarbraugh, Anthony<[e-mail]>; Barnes, Kyle W CIV USARMY CESAW (US)
<[e-mail]>
Subject: [Non-DoD Source] Bethel Solar Restoration - Planting & Baseline Completion

Hey guys,
Bethel is planted and baseline has been performed with five, 50x50 plots in the wetland areas (see attached kmz). Site
looks good and the planters did an excellent job. A picture is also attached showing the planters in action. I expect to
have the report out in a couple of weeks. Thank you both and let me know if you have any questions,
Wes Fryar
Environmental Scientist - Project Manager
Land Management Group, Inc.
3805 Wrightsville Ave, Suite 15, 28403
910-452-0001

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