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Home My WebLink About20011381 Ver 1_General Correspondence_20080829Print Preview http: / /maps2.co. forsyth. nc. as /geodata %5F08 /printPreview.aspx ?Print... Forsyth County, NC PIN 6828 -90- 1191.00 Current Deed Stamps Property Address 4120 Patterson Ave Map Number 624878 Block Lot 3435 055B Assessment Method Cost Additional Lots WIP No Tax Jurisdiction Winston -Salem e $140,420 Anx Dwelling V lue Taxable Owner Name Whiteheart, Dorothy G Com rcial Value Taxable Owner Name2 dustria/ Value Taxable Owner Addres 7540 Rondex Ln Misc Imp Value $1,875 Taxable Owner City St ip Lewisvill 27023 Total Value $142,300 Taxable Deed Bk -Pg 1314 -104 Acreage 3.31 Taxable Deed Date 9/6/1973 Sq Ft Living Area (Res) Taxable Deed Stamps Gross Sq Ft (Com) Current Owner Name Whiteheart, Dorothy G Year Built (Res) Current Owner Name2 Year Built (Com) Current Owner Address 7540 Rondex Ln Census Tract 14 Current Owner City St Zip Lewisville, NC 27023 Zoning HB 1 of 2 8/29/2008 10:37 AM Print Preview http //maps2 co forsyth nc us /geodata %5F08 /prmtPreview aspx ?Print Current Deed Bk -Pg 1314 -104 Last Qualified Sale Price Current Deed Date 9/6/1973 Disclaimer Forsyth County cannot guarantee the accuracy of this information, and the Map Scale County hereby disclaims all warranties, including warranties as to the accuracy of this 1 inch = 480 feet information i* 2 of 2 8/29/2008 10 37 AM Print Preview http: / /maps2.co.forsyth.nc. us /geodata %5 F08 /printPreview.aspx ?Print... Forsyth County, NC PIN 6827 -99- 2713.00 Current Deed Stamps $720 Property Address 4060 Patterson Ave Map Number 624878 Block Lot 3435 056B Assessment Method Cost Additional Lots 056E, 065B W/P No Tax Jurisdiction Winston -Salem Land Value $239,858 Anx N Dwelling Value Taxable Owner Name National Asset Procurement Llc C mmercial Value Taxable Owner Name2 ndustrial Value Taxable Owner Address 708 Misc Imp Value Taxable Owner City St Zip Winston - Salem, NC 27106 Total Value $239,900 Taxable Deed Bk -Pg 2735 -3298 Acreage 5.15 Taxable Deed Date 3/9/2007 Sq Ft Living Area (Res) Taxable Deed Stamps $720 Gross Sq Ft (Com) Current Owner Name National Asset Procurement Llc Year Built (Res) Current Owner Name2 Year Built (Com) Current Owner Address 708 Pine Valley Rd N Census Tract 14 Current Owner City St Zip Winston - Salem, NC 27106 Zoning HB I of 2 8/29/2008 10:37 AM Print Preview http //maps2 co forsyth nc us /geodata %5F08 /pnntPreview aspx9Prmt Current Deed Bk -Pg 2735 -3298 Last Qualified Sale Price $360,000 Current Deed Date 3/9/2007 Disclaimer Forsyth County cannot guarantee the accuracy of this information, and the Map Scale County hereby disclaims all warranties, including warranties as to the accuracy of this 1 inch = 480 feet information 2 of 2 8/29/2008 10 37 AM I RD OT ■ v SQP goo E. W 0 D RD I y� r� Speclfic Location Map Page 2 of 4 Forsyth County, North Carolina �. Rocky Carter oa,b Lat N 36° 9 6381 Long W 80° 15 272' ft Topo USA 2.0 Copyright C 1999 DeLorme Yarmouth. B4E 04096 Scale: 1 : 12.800 Detail: 14 -0 N A 09, fu Efl9W.bVEHUE 1. .I c. S 8 80 SKETCH NOT TO SCALE vSCALL V- u& IV f_.FNFRAI IMS 'Pq..eOSClence �Nq .ufl�e Ir echnology� � W mnpm ".I.. Nl I "1 KV I W) LEGEND = Leak Fork Creek — — — — = Unnamed Tributary = Approx. Property Line Existing Leak Fork Creek & Unnamed Tributary Forsyth County, North Carolina Rocky Carter Lat N 36° 9 638' Long W 80° 15 272' r. SEOaeEM EEHCE _ —M •• a...• •e.• «ww •.we woe T. GTCH OASN •� eo... e. a., .+w.eu.s•i�re.w. EPQM FC [1�SRE PI AN SCALE I• - In 19 u�pa K I v ..ITE,Sb..ecw..a — =�yw en.w..e...e.e....a. «... I .rw w.. MAKE OETAI e.-., e..w •u w LLTM1l�6�aPAO 7YPE A ORCH TYPE 8 MICH TYPE C ORCH ORCH TEPJ~TK)N µe�O.IL«l .r , r µcfeF K..e✓ , r µ<,O•µrlv., r _.......e_.e._.�...«...._. �a....,. «_...d...a. �... j ' w°� `` �' .. 1. GeoSu � ,.._��.� = ---� a Proposed Culvert of Leak Fork Creek & Redirection of Unnamed Tributary Forsyth County, North Carolina Rocky Carter Lat N 36e 9 638' Long W 80e 15 2721 a ,P j State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B Hunt, Jr, Governor Bill Holman, Secretary L1 �W'j • NCDENR NORTH CAROLINA DEPARTMENT OF Kerr T. Stevens, Director ENVIRONMENT AND NATURAL RESOURCES November 2, 1999 Guilford County r DWQ Project # 991071 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDMONS, SDL Premier, LLC 4045Prenuer Drive, Suite 208 High Point, North Carolina 27265 !1! ��; _ r, anoct �. Dear Sirs: V11 You have our approval, in accordance with the attached conditions, to place f,PlAiatenal in 980 hPeiir fCeQ-of wetlands or waters for the purpose of commercial development at Gallimore Dairy Road, as you described in your application dated 1 October, 1999 After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3108 This Certification allows you to use Nationwide Perinit Number 26 when the Corps of Engineers issues it In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non - Discharge and Water Supply Watershed regulations Also this approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Ceraficanon This approval is only valid for the purpose and design that you described in your application except as modified below If you change your project, you must notify us and send us anew application If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in ISA NCAC 2H 0506 (h) For this approval to be valid, you must follow the conditions listed in the attached certification This approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the General Certification For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below 1 An additional condition is that a final, written storm plan including a wet detention basin must be approved by DWQ that is designed to remove 85% TSS from runoff from the entire site, before wetland (or stream) impacts occur Also before any building is occupied at the subject site the stormwater treatment facility shall be constructed and operational and the stormwater management plan be implemented If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing You must act within 60 days of the date that you receive this letter To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P O Box 27447, Raleigh, N C 27611 -7447 This certification and its conditions are final and binding unless you ask for a hearing This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act If you have any questions, please telephone John Dorney at 919- 733 -9646 q rrr Stevens Attachment cc Wilmington District Corps of Engineers Corps of Engineers Raleigh Feld Office Winston -Salem DWQ Regional Office File Copy Central Files Division of Water Quality - Non - Disharge Branch 1621 Mail Service Center Raleigh 27669 -1621 Telephone 919 - 733 -1766 FAX # 733 -9959 An Equal Opportunity Affirmative Action Employer - 50% recycled/10% post consumer paper 03/22/2000 08:27 -P -T- �R March 1, 2000 3367714630 DIV OF WATER QUALITY MICHAEL D. CARTER PO BOX 1037 KERNERSVILLE, NORTH CAROLINA 27284 336/993 -0515 Department of the Army Wilmington District, Corps of Engineers Att: S.'Kenneth dolly, Chief, Raleigh Regulatory Field Office PO Boa: 1890 Wilmington, North Carolina 28402 -1890 Re: Action ID No. 199920144 - - - -Dear U —Jolly: - - -- PAGE 01/01 EC61 :, Nl�IR a 3 2b 4na3 offie In response to your fetter dated February 24, 2000,1 will be out of town until March 15, 2000. I will be contacting the North Carolina Department of Environment and Natural Resources, Division of Water Quality, Winston -Salem Regional Office as soon as I return and set a meeting for sometime during the week of March 20, 2000. At that time we will try to reach a resolution to the matters concerning the property located off North Patterson Avenue, adjacent to Leak Fork Creek, near Winston - Salem, North Carolina. Sincerely, Michael D. Carter copies furnished: Larry D. Coble NCDENR Water Quality Regional Supervisor $85 Waughtown Street Winston - Salem, NC 27107 Mr. Doug Hugget Division of Coastal Management NCDENR 1638 Mail Service Center Raleigh, NC 27699 -1638 Dr. Garland Pardue US Fish and Wildlife Service PO Box 33726 Raleigh, NC 27636 -3726 ASG Engineering Steve Aufinger 4140 Clemmons Road, Suite 102 Clemons, NC 27012 i Mr. William L. Coat, Chief Wetlands Section Region IV Water Management Division US Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. Frank McBride NC Wildlife Resources Commission 512 North Salisbury Street Raleigh, NC 27604 Mr. James Taylor Mitchell and Associates, Inc. 113 West 3rd Street 330 � � _ -? h '"� `•�! J e� ) -\ 1 � ° I °\ � ry• � \ice 1 � ` �� °�( ��a ; ) a •i rr / ) g �r o ° AIRP 2i \ `\ 850 j ads \ a3 or g ° ° g0o 4 � L/ ° • e co r 8g0 89 v O /I 400• • 0 / ` � ♦ � 850 � •Gas�4n Bbo yam- Bail / 90 00- 3 /! --- I /(gp0 �_ ��y / 850 L \-` 1 `•-._ 890 ' 9UU ✓� � r1 �a ' ' —,� I h ° 850 3 L 840, i cc) h . *. I 8 (a) HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROJECTS YES ® NO ❑ IF YES, PROVIDE ACTION I D NUMBER OF PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION ( INCLUDE PHOTOCOPY OF 401 CERTIFICATION) (b) ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES ❑ NO ® IF YES, DESCRIBE ANTICIPATED WORK _ 9 (a) ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND 20 072 AC (b) ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE 0 10 (a) NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY 0 FILLING _ EXCAVATION FLOODING _ OTHER PWe in stream channels DRAINAGE _ TOTAL ACRES TO BE IMPACTED Approximately 0 05 acres of stream channel has been or will be impacted by the proposed development No wetlands have been identified on the site (b) (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION Approximately 980 linear feet of unimportant channel will be impacted LENGTH BEFORE 980 FT AFTER 980 FT -PIPED WIDTH BEFORE (based on normal high water contours) 5 FT AVERAGE DEPTH BEFORE 1 FT AFTER 1 FT - PIPED (b) (2) STREAM CHANNEL IMPACTS WILL RESULT FROM (CHECK ALL THAT APPLY) OPEN CHANNEL RELOCATION — PLACEMENT OF PIPE IN CHANNEL X CHANNEL EXCAVATION — CONSTRUCTION OF A DAM/FLOODING- OTHER I 1 IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAINING TO THE PONDS _ WHAT IS THE EXPECTED POND SURFACE AREA? _ 12 DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT TO BE USED? (ATTACH PLANS, 81/2 BY 11 DRAWINGS ONLY) — SHOWN ON 1" _ 100' SCALE DRAWING Trackhoes loaders pans bulldozers and dump trucks will be used for pipe line installation and construction of a commercial building on site 13 PURPOSE OF PROPOSED WORK The purpose of the work is to install a pipe line in the stream channel, and construct a commercial building including appropriate parking and landscaping on the property 14 STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS ( INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS) Channel to be piped to allow for commercial development of site 15 YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIFE SERVICE AND /OR NATIONAL MARINE FISHERIES SERVICE REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT DATE CONTACTED 5/17/99 - Letter Attached 16 YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT DATE CONTACTED 5/17/99 - Letter Attached DWQ ID: _ CORPS ACTION ID: _ NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #) PRE- CONSTRUCTION NOTIFICATION APPLICATION FOR NATIONWIDE PERMITS THAT REQUIRE 1 NOTIFICATION TO THE CORPS OF ENGINEERS 2 APPLICATION FOR SECTION 401 CERTIFICATION 3 COORDINATION WITH THE NC DMSION OF COASTAL MANAGEMENT SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET) SEVEN (7) COPIES MUST BE SENT TO THE NC DIVISION OF WATER QUALITY, ATTN• JOHN DORNEY, 4401 REEDY CREEK ROAD, RALEIGH, NC 27607. PLEASE PRINT OR TYPE. 1 OWNER'S NAME SDL Premier, LLC 2 MAILING ADDRESS 4045 Prerruer Dnve, Suite 208 SUBDIVISION NAME CITY Hu eh Point STATE NC ZIP CODE 27265 PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE) Gallimore Dairy Road, Greensboro, NC 3 TELEPHONE NUMBER (HOME) —(WORK) (3361 889 -8976 4 IF APPLICABLE AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER William E Mitchell 2105 Enterprise Rd Suite 210 Greensboro, NC 27408 (336) 379 -0515 5 LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE) COUNTY Gmlford - NEAREST TOWN Greensboro SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ECT) Gallimore Dairy Rd, West of Interstate 40 6 IMPACTED OR NEAREST STREAM/RIVER East Fork of Deep River RIVER BASIN Cape Fear 7 (a) IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER, (SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY (WS -I OR WS -II)? YES ❑ NO ® IF YES, EXPLAIN ____ (b) IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DMSION OF COASTAL MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES ❑ NO (c) IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION? MEMORANDUM TO John Thomas, Permit Coordinator Raleigh Office, U S. Army Corps of Enginors 1 FROM- Ron Linville, Regional Coordinator; Habitat Conseivation Program ` DATE February 23, 2000 f SUBJECT Review of Public Notice Action ID 199920144, Aber -The -Fact Permit Application by PTR, Inc (previously known as the Rocky Carter site), Leak Fork Creek, Forsyth County Biologists with the North Carolina Wildlife Resources Corrmrssrons (NCWRC) have reviewed the subject Public Notice and are fanuliar with habitat values of the project area A site visit was conducted on February 23, 2000 Our comments are provided in accordance with provisions of the Clean Water Act of 1977 (33 U S.0 466 et seq ) and the Fish and Wildlife Coordination Act (48 Stat 401, as amended, 16 U S C 661 -667d) The Wilmington District of the Corps of Engineers (Corps) has provided Public Notice on an After -The -Fact 404 Application by PTR, Inc for impacts to approximately 1510 feet of perennial stream The impacts to Leak Fork Creek are 850 linear feet of stream and the impacts to a tributary of Leak Fork Creek are 660 linear feet The activities were unauthorized and unpermitted Impacts to wetlands could not be determined. The Corps previously issued a Notification of Unauthorized Activity for impacts to both sti eam segments Subsequent to this notification, development of the site continued as structures and parking lots were added T1ie Corps is requesting comments from the NCWRC relative to the 404 Permit request to the U S Army Corps of Engineers We are concerned about the fragmentation and loss of forested areas and woodlands as development occurs in urban areas like the City of Winston -Salem This unauthorized stream piping and commercial development occurred in a hardwood bottomland area that appears to be floodplain. Both streams impacted appeal to be perennial Based on our knowledge of the 404/401 permitting process, it appears that it the commercial venture had proceeded correctly through the process that many of these impacts would have been avoided or mm nrzed Habitat S� r� References Federal Interagency Stream Restoration Working Group. 1998. Stream Corridor Restoration Principles, Processes, ' and Practices. Federal Interagency Stream Restoration Working Group. Washington D.C. North Carolina Cooperative Extension Service 2000. River Course• Using Root Wads and Rock Panes for Stabilization. North Carolina. Cooperative Extension Service. Raleigh, NC. Rosgen, D.L. 1996. Applied River Morphology. Wildland Hydrology. Colorado. Soil Consery #lion Service. 1976. Soil survey of Forsyth Gpljq,, lyarth Carolina IInt" $hoest b4attme* cif Agriculture. Washington, DC. E l a existing slope cottonwood poplar willow It Cottonwood willow 2-4 L 2 ft� �� ° 1 Live plantings in 2 gallon buckets - rip rap [=On -- 3.00 8.00 2.00 8.00 21.00 , existing site Our goal is to create a new path for this tributary that will take an approximately ninety degree turn north at the property line and meander (I 000ft) north -east until falling out in a natural area before reaching Leak Fork Creek. Because much of the flow volume is associated with rain fall runoffthat comes from HWY 52, the natural area will benefit pollution removal before waters reach Leak Fork Creek. The tributary will have an average depth of 4 feet and a width of 2-4 feet with low 2.1 sloped banks. The tributary will be located in a 30 foot buffer zone to prevent contamination and upland runoff from entering. The first step in creating the new tributary is creating a new path of flow. Heavy equipment will be used to dig the new stream path. Standard erosion control measures will be undertaken while work is in progress and vegetative cover is in place. The slope of the entire tributary will be 2:1 which allows for optimal bank stabilization without requiring an increase in stabilization procedures This slope encourages natural plant growth and impedes sediment transport from ocuunng (FISRWG 1998). Banks are to be graded and rounded off, and the soil slightly compacted for planting. Where the 90 degree turn takes place boulders should be placed at the toe of the slope for times of heavy water flow. Live cuttings of willow branches will be staked at 2 foot intervals for further stabilization. Additional riparian planting will take place in the fall for slope stabilization Both the outside bend and the inside will be seeded for erosion control and to prevent sloughing Sections 2 and 3 of the new tributary, as noted on the map, will be relatively similar in design. Gradual meanders w it be created approamately every 40 -50 feet to mimic natural characteristics. Outside bends will require stabilization in the form of root wads while inside bends wall require only seeding and live plantings Basting vegetation should be retained to the extent feasible, as should woody debris and stumps In addition to providing habitat and erosion and sediment control, these features provide seed sources and harbour a variety of microorganisms (ref). Varieties of willows, oaks, and cottonwoods are beneficial vegeatation to be planted on slopes because they are heavy seeded and fast growing. Live cuttings will be planted to a depth to where they reach moist soil. At section 4 the stream will take a northerly turn and fall off into a natural area until reaching Leak Fork Creek. A berm adlacentto the property line will be constructed to keep waterflow contained on the property Stabilization of the stream inthe bend will imitate the methods used in the section 90 degree turn The naturalized area should not require any additional seeding or planting since adequate vegetation is already present:. 2 13 Monitoring During and after work is completed Mitchell & Associates will monitor the site on a regular basis to ensure both the tributary and Leak Fork creek are functioning properly and vegetation growth is underway Creek bed and slopes will be assessed for stabilization and signs of erosion. The above proposed mitigation plan meets USACOE standards and will in fact improve the qualrty of Leak Fork Creek and its associated unnamed tributary. 2.11. Culvert Removal and Stream Restoration The culvert located in Leak fork Creek is presently approximately 660 linear feet in length and begins on the Northern property boundary and ends on the southern property boundary (pictures 12 and 13). This culvert consists of two large pipes that have provided adequate space for high stream flow. A portion of the culvert (160 ft.) at the southern property boundary end is to be removed to lessen the culverts length to 500 linear feet or less. After the culvert is removed, this area of stream will be restored to its previous natural conditions. Leak Fork Creek can be characterized as a F/G type stream that is undergoing degradation and widening. This is characterized by the high width to depth ratio and the presents of undercutting and sloughing of the banks both upstream and downstream of the culverts. The banks are primarily being stabilized by grass vegetation, shrubs and root material from overstory trees. The erosion is significant where meanders are present, with undercutting on the outer portion and sloughing on the inner portion. The width of the channel ranges between 6 and 8 feet while the bankful width is approximately 10 -16 feet. Water depth ranges from 4 inches to 12 inches, varying according to the presents of pools and rifles. The previously culverted section of the stream will be restored to a natural state with measures being undertaken to prevent subsequent erosion. Heavy equipment will be used to remove fill material and the two pipes in the culvert, during which erosion control measures will be undertaken to avoid contamination to the creek. This will be in the form of silt fences placed around the construction areas . The creek bank will be sloped at a 2:1 angle. This will mimic healthy stream characteristics and prevent further erosion to downstream areas. The 2:1 slope offers optimal stability with less need for increased stabilization methods. (MRCS 1998). Bank tops will be given a rounded edge to form a gradual transition between upland and slope to allow for suitable plant growth. Native ripprian vegetation and root wads will be used for bank stabilization. Root wads with a basal diameter between 10 to 20 inches from will oaks will bei nstalled using the drive -point method just above the toe of the slope at ninety degree angles to the direction of water flow. They will be installed with 1/3 of the wad below the baseflow elevation. In addition to providing stabilization the root wads also will impede sediment transport (NCCES 2000). Creek bed material is available on site and will be consistent with the present bed material which ranges fromsilt/clay to cobbles. 2.12 Stream Creation An unnamed tributary once entered the property from the west from a culvert that extends under Hwy. 52. This tributary descends approximately 100 feet through a gully from HWY. 52 and ends at the property line. This stream is narrow (1 -2 feet wide), and shallow with a depth of 1 foot. The banks of this tributary are low and at an approximate 1:5 slope. It is bordered by grassy ripaian vegetation and shrubs in addition to oak s and maples. Bed material consists of silt/clay, cobbles, and boulders. 1.3 Vegetative description Due to the entire site being covered with gravel vegetative data was gathered from immediately north and south or the property. The overstory consisted of Froxinus pennsylvanica (green ashy, Populus deltoides (eastern cottonwood), Acer rubrum (red maple), Quercus nigra (water oak), Quecus phellos (willow oak), Quercus olba (white oak), Pinus toedo (loblooly pine), Liquodomborstyrocifluo (sweetgum), Plotanus ocddentolis ( sycamore), and L►nodendron tulips fera (yellow poplar). The understory vegeatation consisted of native grasses, Eupatonum cappoli folwm (dog fennel), Rosa sp. (Wild rose), and Phytolocco amerfcono (pokeweed). The following proposed mitigation option was introduced by the U.S. Army Corps of Engineers to re- establish stream areas on -site and to resolve enforcement matters. This mitigation plan involves removing a portion of the culvert located in Leak Fork Creek and restoring the area to natural conditions. In addition , our client,will be required to relocate the impacted unnamed tributary to the back of the property using approved Rosgen techniques Rosgen techniques involve analyzing stream characteristics including geomorphic, chemical, biological processes and there functions. After this data is collected, a stream can be restored to its original condition and function by imitading its initial state. 2.1 Mitigation procedure Mitchell & Associates, Inc., has developed the following mitigation plan to resolve the previously mentioned enforcement matters, Our client will be reuired to minimize the present 650 linear feet of impacts to Leak Fork Creek to less than 500 linear feet. This will require approximately 160 linear feet of the creek to be opened, the creek bank re- established, and the placement of vegetation and root wads along the stream banks for stabilization and erosion control. The second component of the mitigation plan is related to theAimpacts associated with the filling of the unnamed tributary previously located on site This phase begins wrth redirecting the culvert located at the rear of the property east of HWY 52 along the perimeter of the project site. This redirection will create approxmately 1250 feet of meandering stream which will connect with Leak Fork Creek. Redirecting the stream will providezthe streamflow with a cleaner bed, as opposed to the original which was littered with trash. Detailed below is the methodology and data associated wrth implementing this mitigation plan. 1.0 Introduction Mitchell & Associates, Inc , on behalf of Rocky Carter, has undertaken the project of creating a mitigation plan for all stream impacts that have occurred on the property located northwest of Winston Salem, Forsythe County, North Carolina (map I a. And I b.). The mitigation plan includes minimizing impacts to Leak Fork Creek to less than 500 linear feet, and relocating the impacted unnamed tnbutary to the back of the property Rosgen steam restoration techniques are to be used, as outlined in the following plan ( Rosgen 1996). Restoration of the impacted streams will be descnbed in this report and will adhere to the regulations of the U.S. Army Corps of Engineers (USACOE). This mrtigation plan, when implemented, will effectively enhance and restore existing streams on the project site as well as improve the existing downstream water quality of Leak Fork Creek. I I I Site Descnption The property is located on the west side of Patterson Avenue and approximately 1400 feet north of the intersection of Motor Road in Forsythe County, Winston Salem, North Carolina (Map2). The site is bounded by route 52 and a Duke Power Right of Way (ROW located on the west side. Leak Fork Creek is a shallow tnbutary adjacent to the property that lies within the valley parallel to Patterson Avenue on the property's west side . The creek has an average bank to bank stream width of less than 12 feet, has a north directional flow, and shows channelization further downstream. (Picture 1-4). Evidence of rapid erosion can be seen in several places along the creek banks, and silt fences were placed in a few areas to help retard the erosion process (picture 5). Green algae (family Chlorophyta) was found growing throughout the bottom of the creek ( picture6). The surrounding area pnmanly consists of patches of woody vegetation, numerous grasses, and small to medium rocks (pictures 7). Trash matenal was observed along the creek banks as well as within the water (picture 8). A sewer line runs parallel to Leak Fork Creek and there is evidence that creek flow was latered due to the placement of the sewer line (picture 9). The actual site itself has been graded, filled, and is covered with gravel up to its boundanes (pictures 10 and 1 1) 12 Soil Series Description The soils located on the property are from the Wehadkee Senes and Pacelot Series (Map 3 and Appendix A). The Pacelot Senes consists of Pacelot fine sandy loam and clay loam and can typically be found on slopes from 10 to 45 percent. These sods are well drained with moderately slow infiltration and rapid runoff. The Wehadkee Series, in particular Wehadkee loam, is classified as a hydnc soil and charactenzed as being poorly drained and is located on the flood plain of streams Infiltration is moderate and surface runoff is slow. These soils are also subject to frequent flooding for bnef penods of time and can be found on 0 to 2 percent slopes (SCS 1976). 08/03/2001 14:25 19106189011 PARKER ENTERPRISE PAGE 02 PaAep Enterprises, Inc. August 3, 2001 Mx. John Domey NCDENR 1621 Mail Service Center Raleigh, NC 27699 -1621 RE: Winston Salem Deaf' Mr. Dorney, As discussed in our meeting yesterday August 2, 2001. 1 have prepared the drawings as you have rcqueacd. Drawing "A" reflects as is today, drawing "B" reflects Corps Plau overlay, drawing ``C" retleots property after the Corps Plan is completed. As you can see from drawing "A!' to drawing "C" the property has been cut in half of its utilization from 24 displays to 10 displays_ Also the value of the property will be adversely effected. Drawing "D" reflects an overlay of all the pipe being removed. Drawing "E" reflects property after removal of all the pipe As you see from drawing "A" to drawing "E" if these measures were to take place, tWs property would become virtually worthless. Thank you i u advance for all your help in this matter. Sincerely, 4MO.A 416� euneth Home K14/vbb ga. IA�b�rto� PtC 2& 59 910.008.2M • F. 910 -616 -0474 08/03/2001 14:25 19106189011 PARKER ENTERPRISE PAGE 03 NI Il r� Nag' % sab. I T W4.1 ` ♦a _�, \<01 v V� lOp \ V ♦ `I ��' • . � � a \ \ rppDa •\ � pfiv 4743' ry 08103/2001 14:25 19106189011 PARKER ENTERPRISE PAGE 04 . 74 �aa.�swt � fi86. I T s �a 06 1 �J v 08/03/2001 14:25 19106189011 PARKER ENTERPRISE PAGE 05 ra \ eCDC.. \ u \ \ 576. V \ Y y4 \ \ b \ lop le \ Y d 08/03/2001 14:25 19106189011 PARKER ENTERPRISE PAGE 06 ogO'4tnb 1 ON po 7 \ \ \ b ` Q�OGQM 0$!03!2001 14:25 19106189011 PARKER ENTERPRISE PAGE 07 r' Q sat.ib ` w Ms I sa.eoe \ pol Lk� BaoeM 7 \ {• \ �' I •tog i x t Q w Mitche E N V I R 0 N 113 West 3rd St. • Gn 1121 South Front St • A December 4, 1998 Mr Rocky Carter PO Box 1037 Kernersvlle, NC 27285 I,s, Inc. ULTANTS 7 • Fax: 252 752 7380 602 • Fax 910 254 0603 I, Rocky Carter, do hereby authorize Mitchell and Associates, Inc to act as my agent on the property off Patterson Avenue in Winston -Salem North Carolina. Z 14� " Signature Date 07/03/2001 12 21 FAX 9197831075 <POYNER & SPRUILL LLP> Z013/013 The above proposed mitigation plan meets USACOE stand and will in fact improve the quality of Leak Fork Creek and its associated tmuamed trit y. 07/03/,2001 12 21 FAX 9197831075 <POYNER & SPRIIIU LLP> 2011/013 2.11. Culvert Removal and Stream Restoration The culvert located in Leak fork Creek is presently approximmely 660 linear feet in length and begins on the Northern property boundary and ends on the southern property boundary (pictures 12 and 13). This Culvert consists of two large pipes that bave provided adequate space for high stream :aaw. A portim of the culvert (160: ) at the southern property bounday end is to be removed to lessen the eulverts length to 500 linear feet or less. After the culvert is removed, this area of stream will be restored to its previous nannal conditions. Leak Fork Creek = be characte6zed as a F/G type stream that is undergoing deV2d8tiM and videning. This is characterized by the high width to depth ratio and the prase= of>yndercutting and sloughing of the banks boot upstream and dowusumm of the culverts. The banks are primartny being stabilized by grass vegetation, shrubs and mot material ftm overstory trees. The erosion is significant where meanders are presca%'with. undacutt n8 on the outer portion and Sloughing oD the inner portion. The width of tine channel ranges between 6 and 8 feet while the bankful width is approximately 10-16 feel. Water depth ranges from 4 inches to 12 itches, varying according to the presents ofpools and rifles. The previously culverted section of the stream wall be restarod to a natuzal state with measures being undertaken to prevent subsequent erosion. Heavy equipment will be used to remove fill nat=al and the two pipes in the culvert, during which erosion control measures will be undertaken to avoid contamination to the creek, This will be in the form of silt fmces placed around the aonsmmdon areas . The a=V bank will be sloped at a 2:1 angle. This will mimic healthy stream, c 3 raeteristics and prevent £umber erosion 10 downstream areas. The 2:1 slope offers optimal stability with less need fi)r k=c sed snMAmtkm methods. (NRCS 1999). Bank tops will be given amunded edge to form a gradual transition between upland and slope to allow for suitable plant growth Native riparian vegetation and root wads will be used -for bank stabilizatim hoot wads w fh a basal diameter between 10 to 20 inches from will cdcs will bei nstalied using the drive-point method just above the tae of the slope at ninety degree angles to the direction of water flow, They will be installed with 1/3 of the wad below the baseflow elevation. In addition to providing stabilization the roamads also will impede sedimenttransport (NCCES 2000). Creek bed material is available on site and will be consistent with the present bed material which ranges fromsilt/clay to cobbles. 2.12 Stream Creation An imnained tributary once entered the property from the west from a culvert that extends u ader Hwy. 52. This tributary descends approximately 100 feet through a gully from HWY. 52 and ends at the pity lb= This stream is grow (1 2 feet wide), acrd shallow with a depth of 1 foot. The banks of this tnbutny are low and at an approximate 1:5 slope. It is bordered by grassy tipaian vegetation and shrubs in add e m to oak s and maples. Bed material consists of silt/clay, cobbles, and boulders. 07/03h2001 12 20 FAX 9187831075 (POYMER & SPRLTILL LLP> 16010/013 1976). 1.3 Vegetative description Due to the entire site being covered with grevel vegetative data was gathered from immediately north and south or the property. The overstory consisted of F7rcadnus pennsylvwdca (green ash), Popidus dehoides (eastern cottonwood). Acer rubrum (red maple), Quercus nigra (water oak), Quecus phellos (willow oak), Quercus alba (white oak), Pinus weda (loblooly pine), L4uadmnbar stRwi}lua (sweetguml Platww occidentalis ( sycamore), and Liriodendron tulipyf ra (yellow poplar). The tmderstory vegeatation consisted of native grasses, Eupatorium cappillij<olium (dog fmtn4 Rosa sp. (Wild rose), and Phytolareca awricana (pokeweed). The following proposed mitigation option was introduced by the U.S, Army Corps of Engineers to re- establish stream areas on-site and to resolve enforcement matters. This mitigation Plan involves removing a portion of the culvert located. in Leak Fork Greek and xestorh* the area to natural conditions. in addition, our client will be required to relocate the impacted IMMMed tdbuta to the back ofthe properly using approved Rasgen techniques. Rosgen techniques involve analyzing stream cha wwristics including geomorphic, chemical, biological processes and there functions. After this data is collected, a stream can be restored to its original condition and function by imitatling its initial state. 2.1 lAigationprocedure Mtcb�e11 & Associates Inc_, has developed the following mitigation plan to resolve the previously mentioned m foarrernem matters. Our client will be refired to minimize the present 650 linear feet of impacts to Leak Fork Creek to less than 500 linear feet This will require approximately 160 linear, feet of the creek to be opened, the creek bank re- established, and the placement of vegetation and root wads along the stream banks for stabilization and erasion control. The second component of the 'mitigation plan is related to the impacts associated with the gym$ of the Ym =ed triRntzry previously located on site. This phase begms with rig the culvert located at the rear of the property east of HW 32 along the perimeter of the project site, This redirection will create approximately 1250 feet of meandering stream which will c o mect with Leak Fork Creek. Redi reciing the stre= will provide the strunflow with a cleaner bed, as opposed to the original which was littered with trash. Detailed below is the methodology and data associated with implMeating this. mitigation plan. 07/03 /2001 12.20 FAX 9197831075 <POYNER R SPRUILL LLP> 1 010/013 1976). 1.3 Vegetative description Due to the eatim site being cowered with gravel vegetative data was gathered from immediately north and south or the property. The overstory consisted of Fraxkw pennsytvwdca (green. ash), Populus dElmides (eastem cottonwood). Acer rubrum (red maple), Quercus nigra (waaW oak), Quecus phellos (willow oak). Quercus albs (white oak), Pinus taeda (loblooly pine), L4uadambar sty ,=#7W (sweetgMI Platww ocaidentalis ( sycamore), and Lirio&7k+on tufip*a (yellow poplar)- The understory vegeatation consisted of native grasses, Eupatnriwn cappillifolium (dog fennel), Ilona sp. (Wild rose), and P*olacea americana (pokeweed). The following proposed mitigation option was introduced by the U.S. Army Corps of Engineers to re- esmblish stream areas on-site and to resolve enforcement matters. 'leis mitigation plea involves removing a portion of the culvert located in Leak Fork Creek and restoring the area to natural conditions. In addition, our client will be required to relocate the impacted unnamed tn"butary to the back ofthe property using approved Rosgen techniques. Rosgen techniques involve analyzing street characierigdcs including geomorphic, chemical, biological processes and there fxm mom. After this data is collected, a stream can be restored to its original condition and ftmcdon by inutatiing its initial state. 2.1 Mitigation procedure Mitchell. & Associatm Inc, has developed the following midgation plan to resolve the previously mentioned e, rot matters_ Our client will be recited to minin i7.e the present 650 linear feet of impacts to Leak Fork Creek to less than 5001inear feet This will require approidmately 160 linear feet of the creek to be opened, the cxeek bank re- established, and the placement of vegetation and root wads along the stream banks for stabilisation and erosion control. The second component of the mitigation plan is related to the impacts associated with the filling of the unnamed tnl a=7 previously located on site. This phase begins with redirecting the culvert located at the rear of the property east of HW 52 along the perimeter of the project site. This redirection will create approximately 1250 feet of meandenng stream which will connect with Leak Fork Creek. Redhwftg the stream will provide the summflow with a cleauee bed, as opposed to the original which was littered with trash. Detailed below is the methodology and data associated with impkmeztting this mitigation plan. 07/03/9001 1,2 20 FAX 9197831075 <POYNER & SPRLtILL LLP> 1@009/013 1.0 Introduction Mitchell & Associates, h=, on bebalf of Rocky Carter, has undertaken the project of creating a mitigation plan for all stream impacts *at have occurred on the property located northwest of Winstaa Salem, Forsythe Coumy, North Carolina. (map 1a. And 1b.). The mitigation plan includes min,mimng impacts to Leak Fork Creek to less than 500 linear feet, and relocating the impacted unimmed tributary to the back of the property. Rosgen steam restoration techniques are to be used, as outlined in the following plan (Rosgen 1994 Restoration of the impacted streams will be desm bed in this report and will adhere to the regulations of the US, Army Corps of Engineers (USACOE). This mitigation plan, when implemented, will effectively enhance and restore existing streams on the project site as well as improve the existing downstream water quality of Leak Fork Meek. 1.1 Site Description The property is located on the west side of Patterson. Avenue and apliro citnudely 1400 feet north of the intersection of Motor Road m Forsythe County, Winston Salem, North Carolina. Nap2). The site is bounded by route 52 and a Duke Power Right of Way (ROW) located on the west side. Leak Folk Creek is a shallow tributary adjacent to the property that lies within the valley parallel to Pattersw Avenue an the property's west side. The creek has an average bank to bank streattt width of less than 12 feet, has a north directional flow, and shows charn,elbation further downstream (Picttael -4). Evidence of rapid erosion can be seen in several places along the creek banks, and silt fences were placed in a few areas to help retard the erosion process (picture 5). Grew algae (family Chloropbym) was found growing throughout the bottom of the meek (picUre6). The surrounding area primarily consists of patches of woody vegetat►arr, numerous grasses, and small to medium rocks (pictures 7). Trash material was observed along the creek banks as well as witWn the water (pictru-e 8). A sewer line runs parallel to Leek Fork Creek and there is evidence that creek flow was h tared due to the placement ofthe sewer line (picture 9). The actual site itself has been graded, filled, and is covered with gravel up to its boundaries (pietu s 10 and 11). 1.2 Soil Series Description The sods located on the property are $om the Wehadkee Series and Pacelot series (Map 3 and. Appendix A). The Pacelot Series consists of pacelot fine sandy loam and clay loam and can typically be found on slopes from 10 to 45 percent. These soils are well drained with moderately slow won and rapid runoff. The Wehadkee Series, in particular Wehadkee loam, is classified as a. hydric soil and cbxwteri as being poorly drained and is located on the flood plain of streams. Infiltration is modmzte and surface runoff is slow, These soils are also subject to frequent flooding for brief periods of ttmo and can be found on 0 to 2 percent slopes (SCS 07/03/2001 12 19 FAX 9197831075 <POYNER 8. SPRUILL LLP> 12008/013 PTR, Inc. Page 3 02/23/00 Affter_The�.pact Permit Application Additionally, instead of using the typical fescue or grasses, the upper interior and exterior of the structure should be planted with the following mix: Spring/Summer Misctnre, mgY 1 -Sept. 15 FalMinter Mixture, Sept. 15 -April 36 Browiatop millet 20 lbs/a Rye grain 120 lbs/a Korean lespedeza* 20 lbs/a Korean lespedeza* 20 lbs/a Shrub lespedeza 1 lb /a Shrub lespedeza 1 lb /a Switchgrass 10 lb /a Partridge pea 10 lb/a. * on slopes less than. 3:1 use Korean lespedeza On slopes greater than 3:1 use Crown Vetch or Sericea lespedeza (not prefferred) Add one of the following to the above miatnm Crown Vetch 5 lbs/acre Ladino Clover 5 lbslacre Lime & fertilize disturbed areas Recording ng Alfalfa 5 lbs/acre to NCRS soil test and recommendations. (14ots: Mowing should be limited tv early spring and should only occur as needed to prevent tree growth on the dam or other areas. Mowing on a 2^3 year schedule should saffrce.) Trees and shrubs (1 year bare root seedlings) should be planted randon ly at a minimal rate of 100 trees per acre on the top and upper portions of the structure and at a minimal rate of _ 150 per acre arozmd the normal water elevation and littoral shelf area. The Mowing list of tree species may assist in providing habitat benefits: Loblolly Pine* Red Cedar Black Guru American Holly Dogwood Mckory Swnac • White Oak Willow Oak Red Maple* Swamp Chestnut Oak Viburnum Green Ash Ironwood Black Cherry water Oak Silky Dogwood Other species may be. utilized depending on site requkemeats and avaiiabihty. Pines* should not exceed 15% of1he refozesta�ion. No more than 20% of the tree species will be of a single species. An 600.E success rate is acceptable over five years. Large or fast growing trees Bice Sycamore god Maple* may not be appropriate oromd detention famlities. Mitigation for umecessary and unperinitted impacts 'should occur in Forsyth County. If not possible, mitigafion should occur in the same categorical area. Payment into the Wetlauds Restoration Program may be acceptable; however, this should occur only after appropriate avoidance and minimization has occurred on site. Thank you for the opportuWty to review and comment on this project. If you have any questions regarding these comments, please contact me at 336/769 -9453. Cc: John Dorney, DWQ Douglas Huggett, CAMA Jenpifcr Frye, WSRO -DwQ Frank McBride, NCWRC Mark Cantrell, USFWS 07/03/2001,12.19 FAX 9197831075 <POYNER & SPRUILL LLP> U007/013 three years after monitoring, a minimum of 320 trees per acre of the planted species have survived. In years four and five, a minimum of 288 to 260 four year old trees per acre bave survived on the site, and after year five a minimum of 260 five year old trees have survived. If this vegetation criteria is not met, replantit ng will take place and the five year monitoring period will begin again. Vegetation will also be inspected for the presence of exotic, harmful species that if detected will be removed. Vegetative plots where data is collected will be taken at the 6 areas noted and labeled on the map. -SU=m.4m s will be iimspecW 2 times armually-dining #h fnt two years after project completion, and one time annually there after for a period of five years, The entire stream corridor will be inspected to detect areas of erosion or accumulation. Inspection of bank and cbannel conditions will be condtu W dining low water conditions to allow for viewi ug of complete strum= and channel bed changes. Photo reference sites (longitudinal photos and lateral reference photos} and reiaereace reach monitorng the reach's cross- section and longiuxUnst profiles. St Tess criteria will be met if, for the period of five years to conjunction with the vegetation monitoring, the stream Bedford feats= and crass - sections remain stable. Tice stream shall retain its enbanced Rosgen's steam type classification. If my problems a= cncowatmed, the stream channel will immediate be restabilized and planted. The above monitoring plan is designed to ensure tho suceem of this mitigation project, and mews v71ft-AICOB stewdards. 07/03/?r001 19.19 FAX 9197831075 <POYNER & SPRUILL LLP> 0006/013 Mitchell & Associates, Inc., on behalf of Rocky Carter, has created a mitigation plan for all $tzzam impacts that have occurred on bxs properly located on the west side of Patterson Avenue and approximately 1440 feet North of the intersection of Motor Road in Forsyth County, Winston. Salem, North Carolina, Subsequently, we are now submitting the project time frame and monitoring plan to ensure the projects success. Below is an outline of the time frame necessary to complete the restoration and stream Creation project. It is our goal to have the 154rfcKa portion of pipe.removed from Leak Fork Creek, bank slopes laid back properly, and the new channel for the unnamed tdbutaty dug, laid back, and prepared for planting with in a 45 day time period The optimum conditions for mccesaful plant installation are when temperature, moisture, and swilight are adequate for germination, and establishmeumt. In the eastern United. States these conditions are met Ding in mid winter to early sprii4g. in addition plants should be installed when dormant for the hSbest rate of survival. To meet these conditions planting should begin in November to February depending on weather conditions. These plants will be acquired from a local commercial Spurge. It is our best esdn=e that approximately 5,500 plants including willow oak, cottonwood, green asb, water oak, sweet gum and sycamore will be needed to adequately, cover the lower banks of both the restored section of Leak Fork Creek and the new unnamed tdbutaty . lbzt number is derived from channel length and bank width vnth a planting every 2 square feet. 7 ichell & Asmciates will imPlemeW a site inspecdon and monitoring plan to ensure the zoos., o �of the project. This playa will meet standard procedures for monitoring a project, and incluGam` assurance that the stm meets with success criteria for restoration projects. A4t - Within 60 days of campiedc m of mldgad(m site construction,1 Mit &eU & Associawsmtill submit a A i repmt1nc icating all wok completed and will include: photographs of completed work, the stream reference reach, longitudinal profiles and cross sections of reference reaches, vegetation sample plots with locations, and problems emcountered and resolved. The location of cross- sections of ref == Teaches and vegetative plots are noted on the enclosed map. Follow up Baspections will be conducted on a regular basis and documented in the form of data summaries and field notes. Sketches, naps, grad photographs will be used to document vegetation development, channel stability, and structure performance. Vegetation within the bufer zone will be inspected for a period of five years or until success criteria is met, which ever is tho longer pmi.od of time. Vegetation will be vnTected in August or September of each year after planting, and at a minimum, no one species should exceed 20 percent of the total number of indMduals. Success criteria will be met if, for each of the first 07/03/9001 12 19 FAX 9197831075 <POYNER 8. SPRUILL LLP> [x005/013 wn JUN 2 0 201 Mitchell and Associates, Inc. ENVIRONMENTAL CONSULTANTS 119 West &d 3L 9 Qf"R pllts, N.G. 27868 •2627624077 9 FOX 262.762.7x80 3973 !llw*d St W Bundind D Subs B 0 Wamtnatm N.C. Z9403 9 910.164.0802 9 Fie 810.M.OM MfLahon�tAtmheiFRS .oat�.s.ory Proposed Monitoring Plan Prepared for: Parker Manufacturing, Inc and PTR.7 INC. Post ice Box 1037 Kernerwffie, N.C. 27285 Prepared by: Jennifer Burbank Mitchell & Associates, Inc 3973 B Market Street Wilmington, NC 28403 June 7, 2001 07/03/,2001 12 18 FAX 9197831075 �POINER & SPRUILL LLP> R002/013 STATE OF NORTH CAROLINA COUNTY OF FORSYT14 PTR, Inc., vs. Petitioner, NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, IN THE OFFICE OF ADMINISTRATIVE HEARINGS 00 -EHR -1378 SETTLEMENT AGREEMENT Pursuant to N.C. Gen. Stet § 15OB- 31(b), the North Carolina Department of Environment and Natural Resources ( "DENR'�, Respondent, and PTR, Zuc. ("PTW ), Petitioner, hereby enter into this Settlement Agreement ("Agreement') in order to amicably resolve matters in controversy related to civil penalty assessments. This matter arose out of the assessment of civil penalties by the Division of Water Quality ( "DWQ ") in the total amount of $10,592.28, Including enforcement costs, on August 22, 2000 for alleged violations of 15A NCAC 2B .0211(2) and 15A NCAC 2H.0501 (b) DENR and the Petitioner havc reached the following settlement agreement in this matter: 1_ The Petitioner will pay a total of $6,592.29 ( "Settlement Amount") to DEN1L The Settlement Amount shall be paid in one lump sum to DENR within 30 days of execution of this settlement agreement by petitioner and Respondent. Payment of the Settlement Amount shall be by check made payable to the North Carolina Department of Environment and Natural Resources (or to "DENR "} at the following address: WATER & LAND SECTION Fax:919 -716 -6766 Aug 9 '01 17:17 P.08 6 6, DENR agrees to accept the payment of size tbouSand five hundred and ninety -two dollars and twenty -eight ($6,592.28), in full and complete satisfaction of the civil penalty assmsxnents subject to the terms of this Agreement. 7. Nothing in this Agreement sha11 restrict any right of DENR to take any enforcement action against the Petitioners for any fixture violations that are separate from any obligations of Petitioners under this Agr=mont. 8. This Agroomont shall be binding upon the porkies and is entered into knowingly, intelligently, and voluntarily This the P'PR, Trie- By. Rocky Carter day of Parker Mfg.. Inc. By: Kenneth R. Horne Poyncr & Sprmll, L_L_P By: - _Timothy P Sullivan N C. State Bar No 11105 P.O. Box 10096 Raleigh, NC 27605 -0096 (919) 783 -6400 8Pi49650 DF,NR, Division of Water Quality BY=. Greg Thorpe, DWQ Roy Cooper, N.C. Attorney General $y: Anita IreVeaux Assistant Attorney General N.0 State Bar No 13667 N C Department of Justice Environmental Division Post Offlae Box 629 Raleigh, NC 27602 -0629 (919) 716 -6600 WATER & LAND SECTION Fax -919- 716 -6766 Aug 9 '01 17.17 P 07 5 F. Modifications to Petitioners' Erosion and Sedimentation Control Plan The Petitioners shall immediately revise and or amend his Erosion and Sedimentation Control Plan (Plan). Notwithstanding any other statutes, rules and/or regulations, a Plan must be secured prior to the beginning of construction of the on -site stream restoration and Storm water management efforts. G. One of the remaining culverts under Leak Fork Crock shall be partially plugged at the uppermost end by November 1, 2001, to force st -cam base flow to enter only one pipe xatber than both pipes. Higher storm flows way enter both pipes. There will be no physical barriers that prevent passage of aquatic life through the base flow channel barrel. H. DWQ shall issue a 401 Water Quality Certification for Nationwido Permit 32 (Certification), Completed Enforcement Action, for this project. This Certification shall be issued on or before October 1, 2001, and will consist of the terms of this Agre =ont and applicable provisions of general certification number 3290. The applicant must submit a written request for such Certification on or before September 15, 2001. 4. The breach of any condition enumerated above, in paragraphs numbered one, two, or three, including any and all sub - paragraphs, above, by Petitioners, will render due and payable the balance of the Civil penalty Assessment. 5. Petitioners and DENR expressly stipulate and acknowledge that, by entmng into this Agreement, Petitioners neither admit or deny the allegatiots contained in the Findings and Decisions and Assessment of Civil Penalties; however, upon petitioners' breach of any condition or term of this Agreement, the sole issue, in any action by DENR is to collect the Enfkg amount of the civil penalty assessments; i.e, ten thousand five hundred, ninety -two dollars and twenty- eight cents (S10,592 28), in accordance with the terms of Paragraph three above and the action will be limited to the Petitioners' compliance with the terms of this Agreement. WATER & LAND SECTION Fax:919 -716 -6766 Aug 9 '01 17:17 P.06 4 d. Begin the grading and planting of the stream restoration site on or before, but not later than Dec wber 1, 2001, and completion of the same, on or before Apnl 1, 2002. DWQ shall be copied with an as -built plan upon completions of the project within 30 days of completion of the strewn restoration. e. Send annual monitoring reports. These reports shall be sent to DWQ for five years within 30 days of the anniversary of the completion of the stream restoration These plans must outline any planned measures to resolve any problems identified with the success of the stream restoration; and f. Copy DWQ on the deed notification. DWQ shall be copied on the deed notification, t.e, document which verifies and requires that DWQ be noticed amd approval acquired as it relates to the otherwise restricted use and or proposed alternate usage for the area. This notifioation will be placed on the stream restoration area for the stream mitigation and re- opening of Leak Bork Creek. E. At least ouo thousand (1000) linear feet of stream restoration shall be done on site. This restoration must be successful witbitt five (5) years. Successful restoration is defined as: a. A channel with posttive baseflow at least 90% of the time in a normal year or mirrors the baseflow of the approved reference stream (for instance, the remaining undisturbed portion of the stream between US 52 and the restoration site), b. Tree plantings of at least 320 trees per acre, e A minimum. of 90% of the scream bank and bed is stable and not eroding; and d Naturally maintains the referenced pattern, dimension and profile If the Petitioners fail to meet any of the above criteria, the Petitioners shall purchase stream mitigation credits from the N C. Wetlands Restoration Program by payment of no more than $125.00 a linear foot for each matching foot of unsuccessful restoration below one thousand (1000) feet. WRTER 9 LAND SECTION Fax'919- 716 -6766 Aug 9 '01 17:16 P 05 consistent with the Manual designs, must be, provided to treat the runoff from the areas not draining to the wetlands. C. Mitchell and Associates, Inc. Stream mitigation plan The May 29, 2001 proposed mitigation plan, with a monitoring supplement dated Juno 7, 2001, prepared by Mitchell and Associates, Inc. states that impacts to Leak Fork Creek will be reduced to less than 500 feet. Accordingly, approximately 350 feet of culvert removal and stream restoration is required from Leak Fork Creek such that the total culverted length of Leak Fork Creek is no more than 500 linear foot. This reopening of Leak Fork. Crock must bo completed by November 1, 2001, and the site stabilized according to the plan referenced above. This area must be replanted in woody vegetation (preferably trees) to a width which is as wide w masonably practicable but should not be less than fifteen feet from the bankfull edge This stream restoration shall be designed and maintained according to the provisions in DEN*R's "Internal Technical Guide for Stream Work in North Carolina (April 2001, Version 3.0). If the stream restoration outlined in the reports by Mitchcll and . Associates, Inc., are inconsistent with the Manual, they my& be modified and submitted to DWQ for written approval D Mitchell and Associates, Inc. Stream mitigation plan: The proposed on- site stream mitigation plan in the May 29, 2001 proposed mitigation plan, with a monitoring supplement dated June 7, 2001, prepared by Mitchell and Associates, Inc. is acceptable to DWQ with modifications. The modifications to the stream mitigation plan must be submitted to DWQ by October 1, 2001 for written approval These reports are available on DFNIZ's website at http:// 7?2o .enr.state.nc.us/tiewetiands. The modifications are as follows: a. Modify the riparian (strearn side) restoration to omit sycamore and sweet gum and to achieve 320 trees per acre at maturity, b. Provide a satisfactory benthic macro invertebrate monitoring plan as outlined in DWQ's Interim, internal Technical Guide Benthic Macro invertebrate Monitoring Protocols for Compensatory Stream Restoration Projects (May 200I), C. Provide plans that adequately depict the footprint of the stream restoration efforts, detailing the location of riffle /pools. stream bed sinuosity, stream bed profile, location of mot wades, and grade control structures as outlined in DENR's "lntomal 1'eehnioal Guide for Stream Work in North Carolina (April 2001, Version 3.0), WATER & LAND SECTION Fax :919- 716 -6766 Aug 9 '01 17 :16 P.04 2 to DFNR in the full and complete settlement of the case set out above, The Settlement Amount shall be made in a one lump suns pa)zmnt upon execution of this agreement by the Petitioners 2. The payment shall be by check made payable to the Nortb Carolina Department of Environment and Natural Resources (or to "DENR ") at the following address: Ms. Sharlene Moses Attorney General's Office Environmental Protection Division Post Office Box 629 Raleigh, NC 27602 -0629 3. Further conditions include the following: A. The Petitioners will implement to the satisfaction of the U.S. Army Corps of Engineers (COE) the attached Monitoring and Stream Mitigation Plan prepared by Mitchell and Associates, (subject to DWQ's modifications [see D below) and any modification subsequently approved by the COE.) This plan has been reviewed and approved by the COP, , B. Storm water management - the Petitioners shall provide a final, written Storm water management plan that must be approved in writing by NC DENR by October 1, 2001. The Storm water management plan must include plans and specifications for Storm water management facilities (facilities), designed to remove 85% of the total suspended solids (TSS) according to the most recent version of DENR's Storm water Best -Management Practices Manual (Manual ) These facilities must be designed to treat the runoff from the entire project, unless otherwise explicitly aPproved by DWQ. Also, the facilities, as approved by DWQ's wetlands unit, shall be constructed and operational, and the Storm water management plan, as approved by DWQ's wetlands unit, shall be implemented by December 1, 2001. The structural Storm water practices as approved by DWQ's wetlands unit as well as drainage patterns must be maintained as long as required by the North Caroling General Statutes andlor applicable rules and regulations. No changes to the structural Storm water practices shall be made without written authorization from DWQ. Petitioners may design a wetland at the bottom of the relocated stream as an extended detention wetlands as described in the above manual. If the runoff from the project cannot be added to the above wetlands, bioretention areds, WATER & LAND SECTION Fax'919 -716 -6766 STATE OF NORTH CAROLINA COUNTY FORSYTH PTR, Inc., V. Petitioners, NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RES0 1JRCES, DIVISION OF WATER QUALITY, Respondent. Rug 9 '01 17 : 16 P.03 IN THE OFFICE or ADMINISTRATIVE HEARINGS FILE NO. 01 EHR 1378 SETTLEMENT AGREEMENT SETTLEMENT ,AGREEMENT The North Carolina Department of Eavironment and Natural Resources ( "DENR "), Respondent, and PTR, Inc., and Parker Manufacturing, Inc., ( "petitioners "), jointly and severally, hereby entcr into this Settlement Agreement ( "Agreement ") pursuant to N. C. Gel), Stat. § 150B- 31(b), in order tv audcably resolve the above captioned matter Pursuant to N. C. Gen, Stat. 143-215,6A et seq., this matter arose out of the August 22, 2000, assessment by the Division of Water Quality ( "DWQ") in the total amount of ten thousand five hundred, ninety -two dollars and twenty -eight cents ($10,592.28), for alleged violations of 15A. NCAC 213 0211(2) and 15ANCAC 214..0501(b). matter- DRNR and the Petitioners have reached the following settlement agreement in this 1. The Petitioners will pay a total of six thousannd, five hundred, and ninety -two dollars and twenty-eight ($6,592.2$), including the costs of enforcement, ( "Setdement Amount ") WATER & LAND SECTION Fax:919- 716 -6766 Aug 9 '01 17:15 P.02 M1�iWty d J Iy. State of North Carolirta llepart�rnent of Justice; Reply `° ROY (:Ui)YL.1 t �+ An LcVcuux AT7 (.)HNI .Y <,i :N4RAL P O BOX 629 EnvuonrnenUl DlvtSlo;t RAL f✓!Gt C Vel 919P7'6-6600 F®x 9191716 -6767 27602-0629 August 9, 2001 Tim Sullivan, Esq. Thomas West, Esq Poyner & Spruill, LLP 3600 Glenwood Avenue , iYFACMMILEAND LL Raleigh, North Carolina 27612 Re: PTR. F. .R, 00 EHR 1378, For Settlement Parposm Only Dear'vlessrs. Sullivan and West. Enelosed please find our finalized settlement agreement This agreement wag only possible through our joint efforts, accordingly, I thank you all. Please note the minor, non substantive, change in paragraph Cr on page 5. Also, feel free to call me, at the number set out above if you have ally questions or concerns as it relates to this agreement. Very truly yours, Anita LcVeaux I/ Assistant Attorney eral N -C. State Bar No 13667 C: Greg rhorpe John Domery Jennifer Frye Ron Linville Dave Penrose Tarry Coble EP- 49737 WATER & LAND SECTION Fax :919- 716 -6766 Aug 9 101 17:15 P 01 �d LtE y State of North Carolina ROY C OOPEB Department of Justice ATTORNFY QL!NLR/U- Y. O box 629 FtA OGI-I 27602-0629 FAX TRANSMISSION SUBJECT TO ATTORNEY- CLIENT PRIVILEGE ENVIRONMENTAL DIVISION WATER & LAND SECTION 9191716 -6600 Fax 9191716.8766 To: TIM SULLIVAN, ESQ. Date: AUOGST 9, 2001 THOMAS WEST, ESQ. GREG THORPE JOIN DORNEY JENNIFER FRYE RON LINVILLE DAVE PENROSE LARRY COBLE Fax #: AS INDICATED Pages: 8 Pages, including cover sheet From: ANITA LEVEACTX Subject: PTR, 00 EHR 1378 COMMENTS: PLEASE FIND ATTACHED FINAL SETTLEMENT AGREEMENT FOR AB OVE- REFER.ENCED CASE ALV /jj ATTACHMENT RE PTR, Inc settlement agreement9 Forsyth County The Certification application indicates that 650 linear feet of culvert was to be reduced to 500' or less plus creation (restoration) of 1250' of stream Mitchell and Assoc plans are dated May 29, 2001 All stream impacts were determined to be to perennial waters (flow and aquatic life /fish) if memory serves me - - - -- Original Message---- - From John Dorney [mailto john dorney@ncmail net] Sent Monday, August 18, 2008 2 43 PM To Ron Linville Cc Aleveaux @ncdcj gov, Kcooper @ncdaj gov, Sue Homewood, John Thomas, Jean B Manuele, Steve Tedder, Cyndi Karoly, Jennifer S Frye Subject Re PTR, Inc settlement agreement? Forsyth County Ron - who in DWQ was handling the settlement agreement? please clarify thankx Ron Linville wrote > Anita,. > Per our conversation this afternoon, here are pictures of the area that I > believe to be the Rocky Carter /PTR violation and settlement (PTR, 00 EHR > 1378) of Aug 9, 2001 While looking at another project in the area, > drove by the area It looked like the same old parking lot with a new > budding, chain -link fencing and trailer rentals It is my understanding > that a) stormwater management and b) stream restoration was to occur at this > location plus c) a possible payment to WRP (now EEP) for any stream > restoration failures Mitchell and Associated did the stream mitigation > plan and Leak Fork Creek was to be reopened by November 1, 2001 > From the roadway, it looks like nothing has been done to the site for > stormwater or for restoration Unless I'm completely looking at the wrong > lot, there is an office plus a lot of 18- wheeler rental trailer parking > I'm fairly sure this is the same lot I think Jennifer Frye is now working > with the Corps in Wilmington Larry Coble has retired I think either > Danny Smith or John Dorney was involved prior to the settlement > Can anyone verify what, if anything has occurred to comply with the 404 > Permit, 401 Certification and the Settlement Agreement? > Thanks, > Ron Linville > linvillejr @earthlink net > 336- 769 -9453 > 336- 769 -0031 (FAX) > ------------------------------------------------------------------------ > ------------------------------------------------------------------------ > ------------------------------------------------------------------------ > ------------------------------------------------------------------------ 2 of 2 8/29/2008 11 10 AM RE PTR, Inc settlement agreement? Forsyth County Subject: RE PTR, Inc settlement agreement9 Forsyth County From: "Frye, Jennifer S SAW" < Jenmfer S Frye @saw02 usace army mil> Date: Tue, 19 Aug 2008 1135 19 -0400 To: "Ron Linville" <linvillejr @earthlink net>, "John Dorney" <john dorney @ncmail net> CC: <Aleveaux @ncdoj gov >, <Kcooper @ncdaj gov >, "Sue Homewood" <Sue Homewood @ncmail.net >, "Thomas, John T JR SAW" <John T Thomas JR @saw02 usace army mil >, "Manuele, Jean B SAW" <Jean B Manuele @saw02 usace army mil >, "Steve Tedder" < Steve Tedder @ncmail net >, "Cyndi Karoly" <cyndi karoly@ncmail net>, "Danny Smith" < Danny Smith @ncmail net> I was handling the settlement agreement for DWQ - in cooperation with Danny. My documentation, correspondences, meeting notes, etc. should all be in the administrative record in the Winston -Salem Regional Office Without seeing the file itself, I cannot recall all of the specific details of the case I believe I attended a settlement hearing w/ Danny Smith, John Dorney, John Thomas and Anita Penrose and I did benthic sampling of the site (this is the one were we actually sampled inside the culvert) Let me know if I can assist in any way. Jennifer S Frye U S Army Corps of Engineers Wilmington Regulatory Field Office PO Box 1890 (Mail) 69 Darlington (Location) Wilmington, North Carolina 28402 -1890 Office 910- 251 -4923 Fax 910 - 251 -4025 Ak From: Ron Linville [mailto linville)r @earthlink net] Sent: Monday, August 18, 2008 3.05 PM To: 'John Dorney' Cc: Aleveaux @ncdoj gov; Kcooper @ncdaj gov; 'Sue Homewood'; Thomas, John T JR SAW, Manuele, Jean B SAW, 'Steve Tedder'; 'Cyndi Karoly', Frye, Jennifer S SAW Subject: RE- PTR, Inc. settlement agreement? Forsyth County Don't know for sure Penrose, Thorpe, Frye & Coble were recipients of the Settlement Memo plus Tim Sullivan, ESQ, Thomas West, ESQ, you & me Anita handled the actual settlement I have the following permit/certification numbers Corps Action ID No. 199920144 (IP was EPA and COE denied) DWQ Certification No. 20011381 1 of 2 8/29/2008 11 10 AM