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HomeMy WebLinkAbout20011381 Ver 1_More Info Received_20011211December 7, 2001 NCDENR — Div of Water Quality Mr Larry D Coble, WQ Regional Supervisor 585 Waughtown Street Winston - Salem, NC 27107 so rumCEIVED N C. Dept of EH: DEC 1 9 2001 Winston -Sale4 1 Regional offow SUBJECT: REQUEST FOR ADDITIONAL INFORMATION Larry's Homes DWQ Project #01 1381 Forsyth County Dear Mr Coble We have received your request for additional information regarding the above referenced project In response, attached please find for your review and approval a complete set of design plans and narrative Included in the design narrative you will find the Pre - ,Construction Notification for Nationwide Permit 32, a Proposed Mitigation Plan, a copy of the settlement agreement, and design calculations for the proposed stormwater treatment facility Specifically, you requested the following (1) SITE PLANS /MAPS Please submit a detailed site plan /map that must contain the information specified in Section 2.3.3 of the Internal Technical Guide for Stream Work in North Carolina, April 2001. Locate the stream features (such as riffles, pools, run and glides) and appropriate riparian buffers (see PTR, Inv. v. NCDENR- DWQ Settlement Agreement, signed August 17, 2001) on the site plan. The attached design plans contain the required information, where applicable The settlement agreement makes no reference or requirement regarding riparian buffers, but does require that the restored Leak Fork Creek be planted in woody vegetation (preferably trees) no less than 15 feet from the bank full edge The Proposed Mitigation Plan (Mitchell & Associates, May 29, 2001) states that the created stream shall be located in a 30 foot buffer zone In accordance with the settlement agreement and the Proposed Mitigation Plan, restored Leak Fork Creek shall be located in a riparian buffer that measures 15 feet from the bank full edge (both sides), and the created stream (tributary to Leak Fork Creek) shall be located in a 32 foot riparian buffer measured from the toe of the separation berm to the outer edge of the created floodway 151 Poole Road, 5ulte 100 • Belvdle, NC 28451 • TEL. (910) 383 -1044 • FAX. (910) 383 -1045 www capefeareng.com (2) PEBBLE COUNT DATA and SEDIMENT TRANSPORT ANALYSIS A sediment transport analysis can confirm that a stream has been properly designed. It is necessary that the predicted sediment transport in the design stream be demonstrated to be in equilibrium to ensure overall stability will be achieved. Please submit your sediment transport analysis and pebble count information. Please see the attached Proposed Mitigation Plan (Mitchell & Associates, Revised 12/01) for the required Pebble Count Data and Sediment Transport Analysis (3) MORPHOLOGIC MEASUREMENTS TABLE Please complete and submit the Morphological Measurements Table, provided in Appendix B of the Internal Technical Guide for Stream Work in North Carolina, April 2001. (4) Please see the attached Proposed Mitigation Plan (Mitchell & Associates, Revised 12/01) for the required Morphological Measurements Table PHYSICAL MONITORING Please refer to the NC Wetlands Restoration Program's Draft Physical and Vegetation Monitoring Outline (Success Criteria), available at http: //li2o.ehnr. state. n c. us/ncwetlands/restore.html. Please specify how you intend to monitor dimension, pattern, and profile of the restored channels. Your site plans /map should depict locations of permanent cross - sections, photo reference points, etc. Also note that you will be required to submit annual Monitoring Reports to the Division for five (5) years within 30 days of the anniversary of the completion of the stream restoration, per the August 17th, 2001 Settlement Agreement, Item 3.D.e. The attached site plan shows the location of riparian buffer zones and permanent monitoring locations Please see the Proposed Mitigation Plan (Mitchell & Associates, Revised 12/01) for additional details of the Physical Monitoring Plan (5) BENTHIC MACROINVERTIBRATE MONITORING Your proposal notes sampling in October and February of each year. This is not necessary. It is recommended that you select one season, the summer months are preferred, and be consistent between years. To document the effects of culvert removal, The Division feels that it may be possible for the first sample to be collected from inside the culvert along Leak Fork Creek. We are also concerned for your health and safety; however, and recommend that you check with all appropriate agencies (OSHA, for example) and organizations (Unions) to ensure the safety of the samplers. (6) Please note that the organization(s) which will be collecting and identifying the samples must be certified. Please see Appendices 3 and 4 of the Interim, Internal Technical Guide: Benthic Macroinvertibrate Monitoring Protocols for Compensatory Stream Restoration Project, May, 2000, which is available at the above mentioned website, for more information. A firm certified in the collected of the above described data has been retained to perform these services The collection and monitoring report are not yet complete Attached in the Mitigation Plan by Mitchell & Associates is copy of the contract executed to obtain the required data LEAK FOR CREEK CULVERT Per the above referenced settlement agreement, Item 3 G, please provide plans and specifications for forcing Leak Fork Creek base flow into one culvert, i.e. partially "plugging" one of the two culverts. Keep in mind that if your plans include the use of poured concrete structures, the Division has concerns regarding the use of live concrete in and adjacent to surface waters and special consideration must be given to how the structure will be established without allowing live concrete to enter the stream. The plans for removing sections of Leak Fork Creek and partially "plugging" Leak Fork Creek do call for poured in place concrete structures Live concrete will be prevented from entering Leak Fork Creek by diverting flow of the live stream around any poured concrete until the new structures sets Please see the attached design narrative for more details regarding the protection of Leak Fork Creek against introduction of live concrete (7) EROSION AND SEDIMENTATION CONTROL PLAN Keep in mind that the appropriate Designated Non point Source Agency (the City of Winston -Salem Inspections Division, in this case) must review and approve your Erosion and Sedimentation Control Plan, which is to be revised accordingly. A revise Sedimentation and Erosion Control Plan was submitted to the City of Winston -Salem on October 12, 2001 We have received verbal confirmation from local staff that the plan is acceptable, as submitted on that date, and that final approval cannot be given without notification from DWQ that the plan is approved in regard to stormwater treatment and stream restoration Upon receipt of that approval, we will revise the S &E plan (if necessary) and resubmit to the City of Winston -Salem for final plan approval prior to commencement of construction activities (8) STORMWA TER MANAGEMENT PLAN Please submit your plans and specifications for stormwater management facilities designed to remove 85% TSS according to the most recent version of the NCDENR Stormwater Best Management Practices Manual. Please also see the August 17th, 2001 Settlement Agreement, Item 3.B. for additional information regarding the design of an extended detention wetland(s). If the runoff from the project site cannot be added to the wetlands, bioretention areas, consistent with the Manual designs, must be provided to treat the runoff from the areas not draining to the wetlands. You can contact Mr. Todd St. John at 919 - 733 -9584 if you have any questions regarding this issue. The above referenced settlement agreement specifies that an extended detention wetland facility "may" be provided It does not specify that an extended detention wetland facility shall be provided The verbiage of the settlement agreement gives us the option, not requirement, of using wetlands as stormwater treatment We choose to use a wet detention basin to satisfy the stormwater treatment criteria The attached calculations in the Design Narrative demonstrate the proposed wet detention basin will remove 90% TSS without the use of a vegetated filter All runoff from the project will be diverted to the wet detention basin, so no additional bioretention areas are necessary I trust this information to be sufficient for your review and approval If you have any questions, comments, or require additional information regarding this matter, please contact this office Sincerely K Davis Fennell, P E cc John Dorney, Division of Water Quality Ted Parker, PTR, Inc David Syster, Mitchell & Associates John Thomas, US Army Corps of Engineers Design Narrative For 4060 Patterson Ave. Forsyth County, North Carolina Prepared for Ted Parker PO Box 1366 Lumberton, North Carolina 28359 (910) 608 -2000 October 11, 2001 Revised December 7, 2001 Prepared by Cape Fear Engineering, Inc. 151 Poole Rd, Suite 100 Belville, North Carolina 28451 (910) 383 -1044 DESIGN NARRATIVE 1. GENERAL: The project site is located off Patterson Avenue in the city of Winston - Salem, North Carolina, Forsyth County The project area is approximately 9 05 acres Erosion Control considerations are to be in accordance with the City of Winston -Salem requirements The intent of this project is to comply with a settlement agreement stemming from an enforcement action with the North Carolina Department of Environment and Natural Resources, Division of Water Quality Reference file number 01 HER 1378 2. EXISTING SITE: An existing gravel parking area fills approximately 4 3 acres of the 9 acre site The remaining undeveloped portion of the site is hilly with slopes ranging from five to fifty percent The site drains from the south to the north towards Patterson Avenue Nearly 900 linear feet of Leak Fork Creek runs through the site, approximately 630 linear feet of which has been piped. Un unnamed tributary to Leak Fork Creek also runs through the site (approximately 400 linear feet) Nearly 240 linear feet of the tributary has been piped 3. PROPOSED IMPROVEMENTS: In accordance with the settlement agreement between the state of North Carolina and PTR, Inc, the total impact to Leak Fork Creek shall be reduce to less than 500 feet Approximately 130 �Sa linear feet of piping installed in Leak Fork Creek shall be removed, leaving the total culverted length of Leak Fork Creek at less than 500 linear feet Of the piping to remain, one of the two culverts shall be partially plugged to force base flow in the stream to pass through a single culvert Higher flows produced by storm events will pass through both pipes Poured in place concrete structures shall be utilized to secure the pipes to remain (entrance footers) and to plug one of the culverts (entrance weir) See sheet C -3 of the attached plan set for construction detail To protect Leak Fork Creek from introduction of live concrete, the entrance footers /weir shall be formed and poured one at a time While concrete work is being installed in one pipe, a diversion dike shall be constructed to divert all flow to the open culvert pipe All poured concrete shall be allowed to set for a minimum of 24 hours to allow it to harden The 24 hour cure time is sufficient to protect Leak Fork Creek from introduction of any live concrete After 24 hours, the diversion dike shall be rerouted to the open culvert and the entrance footer constructed at the other pipe To maintain positive discharge throughout construction, the entrance footer of the pipe to remain open (no entrance weir) shall be constructed first The entrance footer that includes a weir to plug the invert shall be constructed second To mitigate the remaining impacts to Leak Fork Creek and its unnamed tributary, approximately 1150 linear feet of new stream shall be created where the existing tributary is piped The created stream shall be constructed in accordance with the Mitigation Plan prepared by Mitchell & Associates (revised 12/7/01) Please see the attached plan set for proposed grading and construction details for the stream creation Finally, all runoff from impervious surfaces shall be collected and treated to remove 90% TSS A wet detention basin, designed in accordance with Division of Water Quality Best Management Practices, is proposed for the site The proposed wet detention basin receives runoff from the entire project, so no alternative treatment measures are necessary Please see the attached plan set for proposed grading and construction details of the proposed wet detention basin Attached calculations demonstrate the treatment capacity of the proposed basin in accordance with Division of Water Quality Best Management Practices 4. EROSION CONTROL CONSIDERATIONS: All erosion control measures to comply with the City of Winston -Salem requirements This project will utilize silt fencing, diversion berms, a stormwater pond and a rock dam to control and treat sediment runoff Due to the highly erodible soils in this area, special considerations were given to the velocities of concentrated flows as shown in the attached calculations. In compliance with the approved mitigation plan, a riff (or plunge pool) will be used to dissipate velocities coming off the steep hillside 5. MAINTENANCE CONSIDERATIONS: During construction, the Contractor shall be required to inspect and repair as needed all erosion control devices after any significant rain event Any measure found not performing its intended function shall be repaired immediately Upon completion of construction and establishment of permanent ground cover, the Owner shall be responsible for maintenance on the project site LIST OF APPENDICES I- PRE- CONSTRUCTION NOTIFICATION FOR NATIONWIDE PERMIT 32 2- MITIGATION PLAN BY MITCHELL & ASSOCIATES 3 -COPY OF EXECUTED SETTLEMENT AGREEMENT 4- DESIGN CALCULATIONS - WET DETENTION BASIN APPENDIX I PRE- CONSTRUCTION NOTIFICATION NATIONWIDE PERMIT 32 Office Use Only: Fonn Version April 2001 USACE Action ID No. DWQ No. If any particular item is not applicable to this project, please enter "Not Applicable" or "N /A" rather than leaving the space blank I. Processing 1. Check all of the approval(s) requested for this project ® Section 404 Permit ❑ Section 10 Permit ® 401 Water Quality Certification ❑ Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested 32 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here. ❑ 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (see section VIII — Mitigation), check here. ❑ II. Applicant Information 1. Owner /Applicant Information Name: Parker Manufacturing, Inc Mailing Address- Post Office Box 1366 Lumberton NC 28359 -1366 Telephone Number. Fax Number - E -mail Address 2. Agent Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner /applicant ) Name: Jennifer Burbank Company Affiliation: Mitchell & Associates Mailing Address- 3973 -B Market Street Wilmington, NC 28403 Telephone Number: (910) 254 -0602 Fax Number- (910) 254 -0603 E -mail Address- JpburbankO cs com Page 1 of 10 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, iivers, and loads Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17 -inch format; however, DWQ may accept paperwork of any size DWQ prefers fiill -size construction drawings rather than a sequential sheet version of the full -size plans. If full -size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided 1 Name of project: Larry's Homes 2 T I.P Project Number (NCDOT Only) 3. Property Identification Number (Tax PIN) 56B 4. Location County: Forsyth Nearest Town- Winston Salem Subdivision name (include phase /lot number): Larry's Homes Directions to site (include road numbers, landmarks, etc.)- Take HWY 52 North out of Winston Salem, turn right on Patterson Avenue exit, Larry's Homes is on the west side of Patterson Avenue approximately 1400 feet north of the intersection of Motor Road 5. Site coordinates, if available (UTM or Lat/Long): (Note — If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody ) 6. Describe the existing land use or condition of the site at the time of this application- The entire site has been graded and filled with a culvert through Leak Fork Creek 7. Property size (acres): 5 8. Nearest body of water (stream/river/sound/ocean/lake)- Leak Fork Creek and unnamed tributary Page 2 of 10 9 Rives Basin Yadkin- Pee Dee River Basin (Note — this must be one of North Caiolina's seventeen designated major river basins The River Basin map is available at http //h2o enr state nc.us /admm/maps /.) 10. Describe the purpose of the proposed work: To meet the requirements of the settlement agreement with the DWQ and ACOE for prior violations located on site. 11. List the type of equipment to be used to construct the project: Backhoes, dump trucks 12 Describe the land use in the vicinity of this project- Commercial IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable) If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I P. project, along with construction schedules. Action Id No 199920144 Original individual permit was given EPA and ACOE denial V. Future Project Plans Are any additional permit requests anticipated for this project in the future? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application No VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site Page 3 of 10 plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether of not impacts aie proposed to these systems Wetland and stream evaluation and delineation foiins should be included as appropriate Photographs may be included at the applicant's discietion If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet 1 Wetland Impacts Wetland Impact Site Number (indicate on ma) Type of Impact* Alea of Impact (acres) Located within 100 -yeat Floodplam ** (es /no) Distance to Nearest Stream (linear feet) Type of Wetland * ** ._ ..A ..,.. * List each impact separately and identify temporary impacts impacts include, out are nor iiiinreu w ,ncluanizeu c car—g, v ad—r. ..... excavation, flooding, ditchmg/dramage, etc Fot darns, separately list impacts due to both structure and flooding ** 100 -Year floodplams are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA- approved local floodpaan snaps Maps are available through the FEMA Map Service Center at 1- 800 - 358 -9616, or online at http / /www fema gov * ** List a wetland type that best describes wetland to be impacted (e g , freshwater /saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc) List the total acreage (estimated) of existing wetlands on the property: Total area of wetland impact proposed: 2 Stream Impacts, including all intermittent and perennial streams Stream Impact Site Number (indicate on ma Type of Impact* Length of Impact linear feet Stream Name ** Average Width of Stream Before Impact Perennial or Intermittent? (please s eci ) * List each impact separately and identity temporary impacts impacts mciude, our are nor rrnurcu w U11 V616 auu a.350cia C...y -.Qy, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss /gam), stabilization activities (cement wall, rip -rap, crib wall, gabions, etc ), excavation, ditching/straightening, etc If stream relocation is proposed, plans and profiles showing the linear footpnnt for both the original and relocated streams must be included Page 4 of 10 ** Stream names can be found on USGS topographic maps If a stream has no name, list as UT (umiained tributary) to the nearest downstream named stream into which it flows USGS maps are available through the USGS at 1- 800 - 358 -9616, or online at www uses gov Several internet sites also allow direct download and printing of USGS maps (e g , www topozone coin, www mgpguest com, etc ) Cumulative impacts (linear distance in feet) to all streams on site Open Water Impacts, including Lakes, Ponds, Estuaiies, Sounds, Atlantic Ocean and any other Watei of the U S Open Watei Impact Site Number indicate on ma) Type of Impact * At ea of Impact (acres) Name of Waterbody (if applicable) Type of Waterbody lake, pond, estuary, sound, bay, ocean, etc ) * List each impact separately and identify temporary impacts impacts incivae, out are ROL 1111ULUU Lu 1111, vAaavauvu, ulcusu=s, flooding, drainage, bulkheads, etc 4 Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply)- ❑ uplands ❑ stream ❑ wetlands Describe the method of construction (e.g, dam/embankment, excavation, installation of draw -down valve or spillway, etc ) - Proposed use or purpose of pond (e g, livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.). Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project The applicant may attach drawings of alternative, lower- impact site layouts, and explain why these design options were not feasible Also discuss how impacts were minimized once the desired site plan was developed If applicable, discuss construction techniques to be followed during construction to reduce impacts. Page 5 of 10 VIII. Mitigation DWQ - In accordance with 15A NCAC 2H 0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams USACE — In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be 1equued when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http• //h2o enr state .nc.us /ncwetlands /strmgide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage /linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc ), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. `1 This proiect has two phases of compensatory mitigation. The first is to remove 650 linear feet of culvert located in Leak Fork Creek to lessen the culverts length to 500 feet 30 or less. The second phase is to create 1250 feet of stream that begins where the unnamed tributary meets the western property. oundary. This stream will meander' Sti north and east until reaching Leak Fork Creeks Attached a copy of the latest draft mitigation plan which has been given DWO and ACOE approval. (S ��C'47 v-e Page 6 of 10 2 Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program ( NCWRP) with the NCWRP's written agreement Check the box indicating that you would like to pay into the NCWRP Please note that payment into the NCWRP must be reviewed and approved before it can be used to satisfy mitigation requirements. Applicants will be notified early in the review process by the 401 /Wetlands Unit if payment into the NCWRP is available as an option For additional information regarding the application process for the NCWRP, check the NCWRP websrte at http //h2o enr state nc us /wrp /index htm If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet). Amount of buffer mitigation requested (square feet) Amount of Riparian wetland mitigation requested (acres) Amount of Non - riparian wetland mitigation requested (acres) Amount of Coastal wetland mitigation requested (acres)- IX. Environmental Documentation (DWQ Only) Does the project involve an expenditure of public funds of the use of public (federal/state /local) land9 Yes ❑ No If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)9 Note- If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733 -5083 to review current thresholds for environmental documentation Yes ❑ No ❑ If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ❑ No ❑ X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers Correspondence from the DWQ Regional Office may be included as appropriate Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B 0233 (Meuse), 15A NCAC 2B .0259 (Tar - Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )9 Yes ❑ No M If you answered "yes ", provide the following information: Page 7 of 10 Identify the square feet and acreage of impact to each zone of the riparian buffers If buffet mitigation is requited calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet Multiplier Required Mitigation 1 3 2 15 Total * Zone 1 extends out 30 feet perpendicular from near oanx of cnannei, t,uiie / UALCHUb All additional 20 feet from the edge of Zone 1 If buffer ntigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or 0260. XI. Stormwater (DWQ Only) Describe impervious acreage (both existing and proposed) versus total acreage on the site Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property XH. Sewage Disposal (DWQ Only) Clearly detail the ultimate treatment methods and disposition (non - discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility XHL Violations (DWQ Only) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes ® No ❑ Is this an after- the -fact permit application9 Yes ® No ❑ Page 8of10 XIV. Other Circumstances (Optional): It is the applicant's iesponsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. Howevei, an applicant may choose to list constiaints associated with construction or sequencing that may impose limits on work schedules (e g, draw -down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). This project is designed to follow time guidelines set forth in previous meetings and outlined in the enclosed settlement agreement document file no. 01 HER 1378. 9/r3/1 Appli/Agent' Signature Law (Agent's signature is valid only if an authorization letter from the applicant is provided ) d US Army Corps Of Engineers Field Offices and County Coverage Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell US Army Corps of Engineers Avery Clay Jackson Polk 151 Patton Avenue Buncombe Cleveland Lincoln Rowan Room 208 Buike Gaston Macon Rutherford Asheville, NC 28801 -5006 Cabarius Graham Madison Stanley Telephone (828) 271 -4854 Caldwell Haywood McDowell Swam Fax (828) 271 -4858 Catawba Henderson Mecklenburg Transylvania Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes 6508 Falls of the Neuse Road Ashe Franklin Nash Surry Suite 120 Caswell Forsyth Northampton Vance Raleigh, NC 27615 Chatham Granville Orange Wake Telephone (919) 876 -8441 Davidson Guilford Person Warren Fax (919) 876 -5283 Davie Halifax Randolph Wilkes Washington Regulatory Field Office Beaufort Curntuck Jones US Army Corps Of Engineers Bertie Dare Lenoir Post Office Box 1000 Camden Gates Martin Washington, NC 27889 -1000 Carteret* Green Pamlico Telephone (252) 975 -1616 Chowan Hertford Pasquotank Fax (252) 975 -1399 Ciaven Hyde Perqunmans Wilmington Regulatory Field Office US Army Corps Of Engineers Post Office Box 1890 Wilmington, NC 28402 -1890 Telephone (910) 251 -4511 Anson Duplm Onslow Bladen Harnett Pender Brunswick Hoke Richmond Carteret Montgomery Robeson Columbus Moore Sampson Page 9 of 10 Pitt Tyrrell Washington Wayne Union Watauga Yancey Wilson Yadkin *Cioatan National Forest Only Fax (910) 251 -4025 US Fis US Fish and Wildlife Service Raleigh Field Office Post Office Box 33726 Raleigh, NC 27636 -3726 Telephone (919) 856 -4520 Division of Water Quality 401 Wetlands Unit 1650 Marl Service Center Raleigh, NC 27699 -1650 Telephone (919) 733 -1786 Fax (919) 733 -9959 Cumberland New Hanover Scotland h and Wildlife Service / National N US Fish and Wildlife Service Asheville Field Office 160 Zrilrcoa Street Asheville, NC 28801 Telephone (828) 665 -1195 arine Fisheries Service National Marine Fisheries Service Habitat Conservation Division Prvers Island Beaufort, NC 28516 Telephone (252) 728 -5090 North Carolina State Agencies Division of Water Quality Wetlands Restoration Program 1619 Marl Service Center Raleigh, NC 27699 -1619 Telephone (919) 733 -5208 Fax (919) 733 -5321 CAMA and NC Coastal Counties State Historic Preservation Office Department Of Cultural Resources 4617 Marl Service Center Raleigh, NC 27699 -4617 Telephone (919) 733 -4763 Fax (919) 715 -2671 Division of Coastal Management Beaufort Chowan Hertford Pasquotank 1638 Marl Service Center Bertre Craven Hyde Pender Raleigh, NC 27699 -1638 Brunswick Currrtuck New Hanover Perqurmans Telephone (919) 733 -2293 Camden Dare Onslow Tyrrell Fax (919) 733 -1495 Carteret Gates Pamlico Washington NCWRC and NC Trout Counties Western Piedmont Region Coordinator Alleghany Caldwell Watauga 3855 Idlewrld Road Ashe Mitchell Wilkes Kernersvrlle, NC 27284 -9180 Avery Stokes Telephone (336) 769 -9453 Burke Surry Mountain Region Coordinator Buncombe Henderson Polk 20830 Great Smoky Mtn Expressway Cherokee Jackson Rutherford Waynesville, NC 28786 Clay Macon Swam Telephone (828) 452 -2546 Graham Madison Transylvania Fax (828) 506 -1754 Haywood McDowell Yancey Page 10 of 10 APPENDIX 2 MITIGATION PLAN MITCHELL & ASSOCIATES Mitchell anyV 3 As - opiates, Inc. ENVIRONME L - ,dONSkULTANTS 113 West 3rd St • Greenville, N C. 27858,4 252 76214 77 • Fax 252 752 7380 mitchell@mitcholl-associates.org Proposed Monitoring Plan Prepared for: Parker Manufacturing, Inc and PTR, INC. Post Office Box 1037 Kernersville, N.C. 27285 Prepared by: Jennifer Burbank Mitchell & Associates, Inc 3973 B Market Street Wilmington, NC 28403 May 29, 2001 Revised December 7, 2001 1.01 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, Forsyth County, North Carolina (Appendix 1, map la and lb ) The mitigation plan includes minimizing impacts to Leak Fork Creek to less than 500 linear feet, and relocating the impacted unnamed tributary 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 described in this report and will adhere to the regulations of the U S 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 Creek 1.1 Site Description The property is located on the west side of Patterson Avenue and approximately 1400 feet north of the intersection of Motor Road in Forsyth 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 tributary 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 20 feet, has a north directional flow, and shows channelization further downstream 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 reduce the erosion presently taking place Green algae (family Chlorophyta) was found growing throughout the bottom of the creek The surrounding area primarily consists of patches of woody vegetation, numerous grasses, and small to medium rocks Trash material was observed along the creek banks as well as within the water A sewer line runs parallel to Leak Fork Creek and there is evidence that creek flow was altered due to the placement of the sewer line The actual site itself has been graded, filled, and is covered with gravel up to its boundaries 1.2 Soil Series Description The soils located on the property are from the Wehadkee Series and Pacelot Series ( Appendix 2) 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 infiltration and rapid runoff The Wehadkee Series, in particular Wehadkee loam, is classified as a hydric soil and characterized 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 brief periods of time and can be found on 0 to 2 percent slopes (SCS 1976) 1 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 Fraxinus pennsylvanica (green ash), Populus deltoides (eastern cottonwood), Acer rubrum (red maple), Quercus nigra (water oak), Quecus phellos (willow oak), Quercus alba (white oak), Pinus taeda (loblooly pine), Liquadambar styraczflua (sweetgum), Platanus occidentahs ( sycamore), and Liriodendron tulipifera (yellow poplar) The understory vegetation consisted of native grasses, Eupatorium cappillifolium (dog fennel), Rosa sp (Wild rose), andPhytolacca americana (pokeweed) 2.0 PROPOSED MITIGATION PLAN 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 Once this data is collected, the new tributary will be created for optimum function 2.1 Mitigation Procedure Mitchell & Associates, Inc , has developed the following mitigation plan to resolve the grevi usly mentioned enforcement matters Our client will be required to minimize the present 63 mear feet of i acts to Leak Fork Creek to less than 500 linear feet This will require approximatetyl'30 near feet of the creek to be opened, a new natural path of flow established, the creek bank - 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 the impacts associated with the filling of the unnamed tributary previously located on site This phase begins with redirecting the new tributary, presently ceasing at the rear of the property, east of Y 52 along the perimeter of the project site This redirection will create approximately 150 eet of meandering stream which will connect with Leak Fork Creek Redirecting the s ream will provide the streamflow with a cleaner bed, as opposed to the original which was littered with trash Detailed below is the methodology and data associated with implementing this mitigation plan 2 2.11. Culvert Removal and Stream Restoration The culvert located in Leak fork Creek is presently approximately 630 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 I P pipes that have provided adequate space foi high stream flow A portion of the culvert (130 ft ) at the southern property boundary end is to be removed, and subsequently this area of stream will be restored to its previous natural conditions Leak Fork Creek can be characterized as a G5 type stream that is undergoing degradation and widening This is characterized by the high width to depth ratio and the presence of undercutting and sloughing of the banks both upstream and downstream of the culverts The banks are primarily being stabilized by grass vegetation, litter consisting of metal, cinder blocks and other debris, 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 8 and 12 feet while the bankful width is approximately 18 -26 feet Water depth ranges from 2 inches to 16 inches, varying according to the presents of pools and rifles Reference Reach data was collected immediately upstream from the project site to gather data for restoring the project site Stream characteristics immediately upstream where the most desirable to use for a reference reach because characteristics were almost identical We felt they were sufficient for this phase of the project since our goal was not to restore a complete stream reach A permanent bench mark was established, as noted on Sheet C -2 (Cape Fear Engineering) Attached (Appendix 3a) is our worksheet of morphological characteristics for the reference reach, longitudinal and cross - sectional photographs, pebble count data, hydrological analysis, and site maps which include stream morphology 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 If necessary the flow of leak Fork Creek will be pumped around the work area to avoid contamination of the waters 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. Excelsior mat will be used to cover bank slopes for stability and native riparian vegetation will be planted at two foot intervals This vegetation live staked or planted on the banks will consist of Alix nigra, Agnus serrulate, Calycanthus floridus, Ilex verticillata, Celtis laevigata, Xanthorhiza simplicissima, Rhododendron viscosum, Quercus phellos In addition to the above 3 vegetation on bank tops and within the buffer zone Euonymous americanus, Itea virginica, Rhododendron arborescens, Betula nigra, Caprinus carohniana, Crataegus marshals, and Quercus nigra will also be planted Creek bed material is available on site and will be consistent with the present bed material which ranges from silt/clay to boulders The Cape Fear Engineering design plans contain work plans and maps of what is to be accomplished 2.12 Stream Creation An unnamed tributary once entered the property from the west from a culvert that extends under Hwy 52 This tributary presently descends approximately 200 feet through a gully from HWY 52 and ends at the property line This stream can be classified as a type B 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 The southern bank of the tributary has an associated flood plain area where the northerly side of the stream buts up against a steep gradient with a 1 1 5 slope It is bordered by grassy riparian vegetation and shrubs in addition to oaks and maples Bed material consists of silt/clay through cobbles Due to the short lenth of this unnamed tributary, our reference reach is the 201 feet of stream presently in existence A permanent benchmark has been established and all data has been gathered from this area Attatched (Appendix 4a), is our reference reach data for the unnamed tributary and corresponding photographs 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 (1150ft) 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 runoff that 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 6 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 In order to create 1150 feet of stream, the channel will have a high sinousrty as it travels north along the eastern property boundary As the channel reaches the north eastern corner the tributary will take a westerly turn where the elevation changes rapidly Here we have created a riff to adjust to the rapid 7 foot loss of elevation At this point the tributary will have a wide bankful width and an associate flood plain area for periods of heavy rains This will facilitate pollutant removal from the waters before they reach Leak fork Creek 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 11 water flow Immediately after the turn a log vane will be placed on the outside bend to keep water flow to the center of the tributary Please see appendix 4a for a more detailed drawing of morphological data 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 These plantings will consist of willow oak, green ash, water oak, cottonwood, and black alder Both the outside bend and the inside will be seeded for erosion control and to prevent sloughing Existing 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 harbor a variety of microorganisms The same vegetation types will be live staked or planted within the buffer zone as is being planted along Leak Fork creek, using the same guidelines and techniques At section 4 the stream will take a northerly turn and fall off into a natural area until reaching Leak Fork Creek A berm adjacent to the property line will be constructed to keep water flow contained on the property Stabilization of the stream in the bend will imitate the methods used in the section 1, 90 degree turn The naturalized area should not require any additional seeding or planting since adequate vegetation is already present 2.13 Time Frame and Monitoring Time Frame of project Below is an outline of the time frame necessary to complete the restoration and stream creation project It is our goal to have the 130 foot portion of pipe removed from Leak Fork Creek, bank slopes laid back properly, and the new channel for the unnamed tributary dug, laid back, and prepared for planting with in a 45 day time period The optimum conditions for successful plant installation are when temperature, moisture, and sunlight are adequate for germination and establishment In the eastern United States these conditions are met beginning in mid winter to early spring In addition plants should be installed when dormant for the highest 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 source It is our best estimate that approximately 6,500 plants including willow oak, green ash, water oak, cottonwood, and black alder will be needed to adequately cover the lower banks of both the restored section of Leak Fork Creek and the new unnamed tributary That number is derived from channel length and bank width with a planting every 2 square feet This total achieves 500 trees per sq acre 5 Monitoring and Success Criteria Mitchell & Associates will implement a site inspection and monitoring plan to ensure the success of the project This plan will meet standard procedures for monitoring a project, and include assurance that the site meets with success criteria for restoration projects Within 60 days of completion of mitigation site construction, Mitchell & Associates will submit a report indicating all work 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 encountered and resolved The location of cross - sections of reference reaches and vegetative plots are noted on the enclosed map Follow up inspections will be conducted on a regular basis and documented in the form of data summaries and field notes Sketches, maps, and photographs will be used to document vegetation development, channel stability, and structure performance Vegetation within the buffer zone will be inspected for a period of five years or until success criteria is met, which ever is the longer period of time Vegetation will be inspected 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 individuals Success criteria will be met if, for each of the first 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 have 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, replanting 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 Stream banks will be inspected 2 times annually during the first 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 channel conditions will be conducted during low water conditions to allow for viewing of complete structures and channel bed changes Photo reference sites (longitudinal photos and lateral reference photos) will be used and monitoring of the reach's cross - section and longitudinal profiles Success criteria will be met if, for the period of five years in conjunction with the vegetation monitoring, the stream bed features and cross - sections remain stable The stream shall retain its enhanced Rosgen's steam type classification If any problems are encountered, the stream channel will immediately be restabilized and planted Benthic Macroinvertebrate Monitoring Mitchell & Associates Inc , does not have certified personnell on staff to perform sampling el procedures, hence Environmetal Sevices Inc, has been contracted to perform sampling Data collected will be reviewd by Mitchell & Associates and then sent to governing agencies as required We will also include these results in our annual monitoring reports Benthic macroinvertebrate monitoring will be conducted prior to stream disturbance, and will be followed up with three years of biological monitoring starting one year after project completion Summer is the preferred time for monitoring, hence we will sample in July post project and for a period of three years thereafter Our first samples, however,were collected on November 20, 2001 dust prior to the start of the project This was necessary due to time constraints and deadlines associated with the project The monitoring will be conducted at four locations The first location will be at Leak Fork creek, on the project site where the culvert is to be removed The second sample site will be taken immediately upstream of the property where the unnamed tributary meets the property boundary At this pre - project time the unnamed tributary ceases at the project boundary Post stream creation the third monitoring site will be located within the center of the newly created unnamed tributary A fourth monitoring site will be located 500 feet upstream of Leak Fork Creek from the property line, which is in our reference reach The Qual -4 collection technique will be employed for sampling for benthic macroinvertebrates This method is accepted for 1 st and 2nd order streams Four sample types will be collected at each monitoring area including one kicknet sample, one sweep net sample, one leafpack, and "visuals" All organisms will be collected and processed Written reports containing all relevant information including stream appearance, water quality data, and sample results, facts, and figures will be submitted to the DWQ within 30 days after the field monitoring takes place. Every effort will be undertaken to meet DWQ standards The above proposed mitigation plan meets USACOE standards and will in fact improve the quality of Leak Fork Creek and its associated unnamed tributary 7 Appendix 1 Maps B5 69 u ggoner Lake sz Stanleyville,: } oDozier 87 Seward ss; °��� Bethania if 3;;;. A i!! oCrims Crossroads r 85 t c;{ ✓� 6 8 Walkertov�n -�''�, <> Bet a 'ia St i S1te �lip Pfaftown oValley View Oldtown o0gburn Station F 10 \ Forest Hills � Montview 1s8 150 °~-�n f ,\ R J Reynolds To �J � y cco Manufacturing Ctr�J Smith'Reyn Forsyth Bon Air 311 Talleys Crossi Y . Old :T Clubo _ _. Piedmo Pa Guthrie P � - °� o Kernersville >Mt Tabor o R2'y pl park eKimbert ark ark Terrace • had A s o e7o enth Str _ 421 f _r- ., t p « ° �,Rg / po Wi ston- Salem West Highlandso Haneisrk Greet`° $off"' " ? Sou Fork 158 G eRenolds'Park �\�\y�`� this .*Millet Park { ��c,,,_� Harmony Grove 151 e Pieehnoni Quarry Hp Hill Park az1 Amos Cottage Reh�e tlitat xl-Jos 1 Medical Park Hos d - _ * a4hing n Park Forest Park ou Side W 1 - —Qt S fawn '. ;Jonestown }ston View 159 L <� osemont nion Ridge 311 union Cross .109 J0 —-� PA .. 7,7- 5waimtdwwn ; Teaguetown r;> uddy Greek 4 52 e 3� .�. 159 Stroh ® 1998 pamme:.Street Atlas USA �= A? 1 o- w --� Hor 31 Wallburg ® N 1 I ll� 17, 52 DeLonne. Street Atlas USA ake .v a� ,I ao.ano �I SEDIMENT FENCE [K1W —I t > —���_� � � _ — Iil wMrrw ♦ f w ..r... � II CATCH BASIN GENERAL N9TES, °'� ` , 254PQSED SITE PLAN t SCALE 1 - 188 87 SEDIMENT BASIL \1 1 1 11 \1 11 / _uai 1�Vwu Itu w,ar u t . w tr r,trE no INTAKE DETAIL. E TAILY TEiR PAC, \°\ter TYPE A DITCH TYPE 8 DITCH TYPE C DITCH DITCH TERMIEpATIDN GeoSc t Proposed Culvert of Leak Fork Creek & Redirection of Unnamed Tributary Forsyth County, North Carolina Rocky Carter Lat N 36° 9 638 Long W 80° 15 272 Appendix 2 Soil Series Description Soil Series Descriptions Pacelot fine sandy loam, 6 to 10 percent slopes (PaQ This is a well drained soil found on long, fairly narrow upper side slopes of uplands Infiltration is moderate and surface runoff is rapid This soil is strongly acid to medium acid throughout This soil is suitable for broadleaf and needle leaf trees such as Red oak, White Oak, Loblolly pine Sweet gum, and Yellow poplar Pacelot clay loam 15 to 45 percent slopes eroded (PcF2) This is a well drained soil found on long, narrow upland lower side slopes and in rough irregular shaped areas. The surface layer is yellowish -red to reddish -brown clay loam 3 to 6 inches thick The subsoil is red to yellowish clay to sandy clay loam 17 to 22 inches thick Infiltration is slow and surface runoff is very rapid This soil is strongly acid to medium acid throughout This soil is suitable for broadleaf and needle leaf trees such as Red oak, White oak, loblolly pine White pine, Sweetgum, and Yellow poplar Wehadkee Series This is a nearly level, poorly drained soil found on stream flood plains in long bands.. These soils formed in recent alluvial deposits. The surface layer is brown loam about 9 inches thick The subsoil is about 33 inches thick Wehadkee soils are low in natural fertility, permeability is moderate, and the available water capacity is medium Infiltration is moderate, and surface runoff is slow These soils are medium acid or slightly acid throughout These soils are suitable for water- tolerant broadleaf and needle leaf trees such as Green ash, White ash, Cottonwood, Scarlet oak, Southern red oak, Water oak, Willow oak, Sweetgum, Sycamore, and Yellow poplar HmD2 Soil series located on Leak Fork Creek site V N PaD 1. RZA Appendix 3a Leak Fork Creek Reference Reach Data Lco vi -Fc-) r y) Crete v) "Rc,� 'kiac' j) a Appendix B Morphological Measurement Table Variables Existing Channel Proposed Reach USGS Station Reference Reach 1 stream type i 2 drainage area C 3 bankfull width 4 bankfull mean depth +Lip � 5 width/depth ratio �l1fl 6 bankfull cross - sectional area 7 bankfull mean velocity 8 bankfull discharge, cfs 9 bankfull max depth lQ I+ 1 � 10 width of flood prone area i � 11 entrenchment ratio + 12 meander length `T 13 ratio of meander length to bankfull width 14 Radius of curvature 15 Ratio of radius of curvature to bankfull width 16 Belt width 17 Meander width ratio 18 Sinuosity (stream length/valley length) i 1 �nr� 19 Valle Sloe Vow— 20 Average slope 21 Pool sloe O 22 Ratio of pool slope to average sloe 0 23 Maximum pool depth ``© 1 1 I 24 Ratio of pool depth to average bankfull depth I C O 25 Pool widthp�� 26 Ratio of pool width to bankfull width 27 Pool to pool spacing i 28 Ratio of pool to pool spacing to bankfull width , (9 j 1 , 29 Ratio of lowest bank height to bankfull height (or max bankfull depth) ! The lniernol Technical Guide for Stream Work in North Carolina 19 LEAK FORK CREEK WINSTON SALEM, NC 11/6/01 Pebble Count at Reference Reach J Burbank J Meisenhelder Wolman pebble count using the Wentworth scale for size classes Leak fork Creek Reference Reads Pebble Count Cumulative % vs. Size (mm) 100 90 80 �a - -- - -- - - - - - -- - - - - -- - -- 50 ------ - - - -- - - - - - - - -j - - 40 - - -- - - - r -f - r -- - - - - - -- - - 30 - - - - -- - - -- - - - -- -- -- - - -- -- - - - = - -- size class (mm) number — - - - - -- - - - w - - % cumulative % sands <2 rst 1W C : 36 36 36 2 -4 11 11 47 4 -8 ; ; 4 4 51 gravels 8 -16 9 9 60 16 -32 8 8 68 32 -64 --- 5 5 73 cobbles 64 -128 9 9 82 128 -256 7 7 89 256 -512 2 2 91 boulders 512 -1024 '—' 5 5 96 1024 -2048 3 3 99 2048 -4096 1 1 100 Leak fork Creek Reference Reads Pebble Count Cumulative % vs. Size (mm) 100 90 80 �a - -- - -- - - - - - -- - - - - -- - -- 50 ------ - - - -- - - - - - - - -j - - 40 - - -- - - - r -f - r -- - - - - - -- - - 30 - - - - -- - - -- - - - -- -- -- - - -- -- - - - = - -- <2 2-4 4.8 8-16 1632 32-64 62 -128 f28- 256- 522- 1024 2048 - 256 512 1024 2048 4096 Partide Size (mm) 10 — - - - - -- - - - w - - Q <2 2-4 4.8 8-16 1632 32-64 62 -128 f28- 256- 522- 1024 2048 - 256 512 1024 2048 4096 Partide Size (mm) Leak Fork Creek Station 0 +84 Looking Downstream Leak Fork Creek Station 1 +35 Looking Downstream Leak Fork Creek Station 1 +50 Looking Downstream Leak Fork Creek Station 1 +72 Looking Upstream Hydrologic Data for Leak Fork Creek * *Data was collected August 1998, immediately prior to culvert insertion. **Data tpge covers presently culverted section of Leak Fork Creek And rq erence reach. l� IAA iTC�SUN AVE NOf /lam / V _r Site map study cross sections * *data was collected immediately prior to the culvert installation HEC-RAS Plan Analysis 1 River Leak Fork Creek Reach: 1 . XN6 ChnI low Area. lop WM Fronde 0 Total h .'SIGI.Elev. . E.G. Slope R� Sta I' Min C 168000 1680.00 -- -- 1680.00' 1680D0 1700.00 1700.00 1700.00 1750.00 82890 828.50 82850 829.00 827.00 827.40 826.60 824.60 837.19 835.23 835.73 835.81 835.09 833.97 834.44 835.04 837 621 837.17 836�52 0003631 0.008292. 0.003788 &00-4149- 0.007575 0.005351 -5.86. 11,55 7.38 6,73 324.10 164.80 254.94 297.34 69.97 41.54 57.29 86.35 110.03 0.39i 0.85 0.51 0.49 0.70, 0.78 0.66 0.29 - - 0.44 833.89 834.22 836.44 836.28 835.08 835.09 9.70 240.85 ----274.51 833.97 - 9.31 145.92 - _ 833.43 833.16 833-32 834.15 -- 0.009461 0.002259 0.001599 8.25 - 344.66 211.49 829.77 833.36 3.99 661.53 - -- -307.40--,-- 1750.00 825.00 832.63 831.28 833.12 - 6.37 -- 4.94-61 -- 216.66 1750.00 1750.00 - 1750DO� 17 . 50.00 1750.00 1750.00 824.20 821.60 --- 823D-0 - 82300 831.92 832.26 - ----- 8-3-1-.8--6 831.66 830.76 831.40 832.86 832.48 83,234 832.15 83132 831.13 0.004041 0.001628 - 0.005.106 0.003693 0.0.05251 8.39 -377.07---- 183.04 0.62 - 0.29 0.50 0.49 058 ----0.53 0.59 0.41 0.49 0.78 0.69 829.05 4.58 6.09 5-77 745.48 ------ - -- 395 24880 .64 218.58 39.38 --- 829.62 516.05 393.10 - 222:63 381.62 320-38 511.59 830.01 828.76 7.86 821.90 830.38 829.41 0.005895 7.65 157.90 1750.00 1750.00 1750.00 1750.00 1750.00 822.50 829.70 829.77 829.35 828.11 �, 1 W 828.70 830-62 830.23 0.005228 0.002181 000 - 3515 6�012086 0.007442 8.10 133.22 170.38 822.60 821.80 821,401 821 40 827.36 6.05 827.25 827.98 83003 829�72 829 ----- - - 6.8 - 1 10.48 9.12 344.81 219-72 321.53 142.95 .95 105.41 179.60 1 827.98 1 in Horiz = 100 ft 1 in Vert = 4 ft Patterson2PropcisedCMPs Plan3 8/21/98 RS 16 08 055 0 Legend 4 5 EG PF#1 840 WS PF#1 'F#1 Crit Ground • Bank Sta 835 - - LU 830 820--- 0 200 400 600 Station (ft) 1 in Horiz = 100 ft 1 in Vert = 4 ft Patterson St ream Reolcation Plan3 8/12/98 Downstream End RS = 1 09 - 04 'i� — - — 06 - 840 - — - 835 i - - -- - -- - -- - -- - -- — c c 0 m v w 830 825 820 4- - - -- 200 1 in Honz = 100 ft 1 in Vert = 4 ft 400 600 -- Station (ft) Legend EG PF #1 WS PF #1 I Cnt PF #1 i Ground i - - Bannk k Sta ta Patterson Stream Reolcation Plan3 8/12/98 RS =2 ' 09 09 - 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IWI Data 0: Overall Watershed Characterization r F 20 Indian Lands Layer 1: Designated Use Attainment C F7 for the 2: Fish Consumption Advisories ME' Water Bodies color 3: Sources of Drinking Water C' f display: C F-70 o watershed urrent W Data Layer: 9 � '"`�^ 0: Overall Watershed `f Characterization WaWshed Classdicatkm -Eetler Water Ouslity - Low Vulnerabdity 4etter Water Quality - Nigh VuUmabdity Less Serious Water Qualiq VulnsrabRity Probil"s - Low ( Lass Serious Mater Quality 1 -a ProbkK s - FRigh Vulnerability Uwe Serious Water Quality Problems - Low Vulnerability ®ltore Serious Water Quality Problems - High Vulnerability L3 Data Sufficiency Thresitow Not filet Redraw Map 1 mi across. Tips: Click on the map or choose another option. O You can also zoom in by geog_raphy. .. /. esrimap?name =iwi2& threshold= 0.3 &zoomFactol — 2 &layersCode= 11110011100001101011&11/12/01 EnviroMapper EOA U Index �f w UQ&dswks Watershed Enviroma''pper for Watersheds r�'3liekiM�bF,fA'Fi$} In�iKatr.5 ® - r Page 1 of 1 Mapping Features r F ■ Discharges to water ® Suoerfund sites -- F Hazardous waste handler. v Toxic releases y r.. � •Air releases STORET(IWI -3C) Zoom -In I C F` STORET(IWI -5) a. = 7.3 fi 2X F STORET IWI-6 ( ) F i Schools C r p °o C^ Zoom -out 2X F it churches r.� C F A Pao Mated Places RecenterI C Fw- , �` Streets Identify - P Select an r Show Loc IWI Data 0: Overall Watershed Characterization i•eStreams F_I Indian Larrds Layer 1: Designated Use Attainment C- FI- for the 2: Fish Consumption Advisories ME! Water Bodes color 3: Sources of Drinking Water r 1 display: C' F O Counties O Watershed urrad IWI Data Layer: FTJ 11: Urban Runoff Index Wbara ftaw d Fotmtial - 1990 ® -1'A tacd Au an At Dave 25'ia Imparuaaesn�s -11430. Land AienAbo" 25,14o -3� La ®ct Are& Att.u+a 2i 3m�aiwi�ocrsness lesaffiic ant Data to Make Estimates 1 mi across. Tips: Click on the map or choose another option. You can also zoom in by geographX. . /. esrimap?name =iwi2 &threshold =0.3 &zoomFactor= 2 &layersCode= 11110011100001101011&11/12/01 Appendix 4a Reference Reach Data for Unnamed tributary 1 I' i l i f-CUCV-) Appendix B v n r)3nc,d Tr-,b, Morphological Measurement Table Variables Existing Proposed USGS Station Reference Reach Channel Reach _ 1 stream type 2 drainage area 3 bankfull `width LD 4 bankfull mean depth o 5 width/depth ratio 6 bankfull cross - sectional area -Acal^, 7 bankfull mean velocity" 8 bankfull discharge, cfs 9 bankfull max depth �. 10 width of flood prone area J IF 11 entrenchment ratio 12 meander length 13 ratio of meander length to bankfull width . s EI 14 Radius of curvature 15 Ratio of radius of curvature to bankfull width 16 Belt width 17 Meander width ratio 18 Sinuosity (stream length/valley length) 19 Valley Sloe , nP, F� t n.,- j20 Average slope 21 Pool sloe (7) 22 Ratio of pool slope to average sloe 23 Maximum pool depth , [� 24 Ratio of pool depth to average bankfull depth 25 Pool width S , 26 Ratio of pool width to bankfull width 27 Pool to pool spacing 28 Ratio of pool to pool spacing to bankfull width 29 Ratio of lowest bank height to bankfull height (or max bankfull depth) The Internal Technical Guide for Stream Work in North Carolina 19 I, ar4 UNNAMED TRIBUTARY OFLEAK FORK CREEK 1 11/6/01 WINSTON SALEM, NC Pebble Count at Reference Reach J. Burbank J.Meisenhelder Wolman pebble count using the Wentworth scale for size classes Unnamed Tributary of Leak Fork Creek Reference Reach Pebble Count Cumulative % vs. Size (mm) size class (mm) number % cumulative % sands <2 56 55 55 2 -4 12 12 67 4 -8 5 5 72 gravels 8 -16 12 12 83 16 -32 7 7 90 32 -64 0 0 90 cobbles 64 -128 8 8 98 128 -256 1 1 99 256 -512 1 1 100 boulders 512 -1024 0 0 100 1024 -2048 0 0 100 2048 -4096 0 0 100 Unnamed Tributary of Leak Fork Creek Reference Reach Pebble Count Cumulative % vs. Size (mm) Unnamed Tributary Station 0 +50 Looking Downstream Unnamed Tributary Station 1 +35 Looking Upstream Unnamed Tributary Station 1 +50 Looking Upstream at Pool Unnamed Tributary 71, Highway 52 Culvert V, Highway 52 Culvert A Appendix 5 Benthic Macroinvertebrate Monitoring Data 0 FROtl Env i ronmerts 1 perk. i ces, inc. PHO14E NO. ' 919 e33 0079 ENVIRONMENTAL SERVICES, INC CONTRACT FOR SERVICES ESI PROJECT NO. E1101-146 Nov. 1E 2001 0�;.21PM P3 The following Contract for Services is an agreement between Environruental Services, Inc, i ESI} and Mitchell & associates (client) with the terms specified herein Client agrees that the companynndividual signing this agreement has the ability to compensate ESI for the work described herein whether or not the proposed project materializes ESI agrees to perform the following tasks for the associated f'ee Project Name: Benthic Data Collection, Leak Fork Creek, Winston Salem Site. Project Location. Forsyth County, NC, SCOPE OF SERVICES Task 1. FEE Fixed Fee: $1600.00 Benthic Data Collection, leak Fork Creek, Wmston Salem, ACC ESI will perform four individual Qual 4 benthlc macro invertebrate collections as outlasted b3 the North Carolina Division of Water Quality, in stream reaches indicated by the client on Leak Fork Creek located in Forsyth County. North Carolina ESI will be responsible for obtaining the services of a certified laboratory that will be used to the identificauon of all macronlvertebrates ESI utll provide basic statistical interpretation of data to include species richness and diversity comparisons between reference and non reference site locations ESI will prepare a summary report of our findings ViS I antis 16 NoN,e- , ,er ?OUl PF,ge 2 of 2 PHnt tE tdF-' . 919 633 007cp EN'YIRONMENTAL SERVICES INC lE 21001 n-2'--1='M P4 We xvill work on the bas» described above We are prepared to proceed upon receipt of the 3irzcd contrast TERMS: L- n,�iron-mental Services Inc , wl�i complete the work described above: wiless delayed by client s request, lack of information, or inteivening factors beyond our control Client assures ESI that A has permission :o work on the subject property and will advise I:S1 of proper procedures for accessing subpeci property. EnVULTunental Seri ices, inc.. «all maintain a minimum $1,000.000 eml'r and omissions tn,tirance arid $1,000,0100 liability insurance for the duration of the pruned Client will prk)t'ide ESI wim any specidl billing fora hats of consideration with the sigtnej contract Billins; is done monthly Paymcnt is due immediately upon receipt of'the tnvoicc, after 30 datis Ole. diem agrees to pay 1 5 percen* late fce per month or portion thereof on unpaid balances l Braid balances after 60 days from the dale of Chic. invoice may result in work Stoppage until ON; Mduz �iccount6 are iesolveo f,.iltnre to pay within 60 days fiotn tlz.- date of invoice vn l be considered b} -SI to be a breach of contract and ES1 may cease work and A,thhold all work product immediately without Ptrialt} from the client 'any disputes regarding payment for services shall be resolved in a court in the eowity of the ESI office responsible for tt'.e work Client agrees to pay all legal fees and other collection costs incurred by Ens ironrnentaJ Services Iri. , to collect unpaid im oiees raSK ACCEPT D' ENVIRUiilMENTAL SEI2 ' C'ES, L' ' �- SIGNATURE L SIGNATURE NAME ,,PRINT)` F IR:yi TITLE DATE. NAMI: (PR1N"() Richaid G Hatmon FIRM' Environmental _Rt:r% ices, Inc. TITLE._ Vice President DATE' A 2L ,pi APPENDIX 3 SETTLEMENT AGREEMENT 15 23 2001 10 10 FAA 919 789 1075 t.POYNER R SPRUILU 10002 STATE OF NORTH CAROLII\TA COUNTY FORSYTH FTR, Inc, V Peutioners, NORTH CAROLINA DEPARTMENT OF ENVIRONMENT ENT AND NATURA]✓ RESOURCES, DIVISION OF WATER QUALITY, Respondent. IN THE QFFICE OF ADMINISTRATIVE HEARINGS FILE NO 01 EHR 1 378 SETTLEMENT AGREEMENT SETTLEMENT AGREEMENT The North Carolina Department of Environment and Natural Resources ("DENR "), Respondent, and PTR, Inc, and Parker Manufacturing, Inc, ( "Petitioners "), jointly and severally hereby enter into thus Settlement Agreement ( "Agreement ") Pursuant to N C Gen Stat § 15OB- 31(b), in older to amicably 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 2B 0211(2) and 15A NCAC 2H 0501(b) matter DENR and the Petitioners have reached the following settlement agreement in this 1 The Petitioners will pay a total of six thousand five hundred, and ninety -mo dollars and twenty -eight ($6,592 28), including the costs of enforcement, ( "Setilement Amount ") u ;_ 212001 11) lu FkX 919 763 loll iPOFNER R SPRUILLi zoo3 to DENR In the full and complete settlement of the case set out above. The Settlement Amount shall be made in a ore lump sum pay cent upon execution of tills agreement by the Petitioners The payment shall be by check made payable to the North 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 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 COE, 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 specificataons for Storm water management facilities (facilities), designed to remove 85% of the total suspended solids (TSS) according to the most recent ,veibion of DENR's Storm watez 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 watez practices as approved by DWQ's wetlands unit as well as drainage patterns must be maintained as long as required by the North Carolina General Statutes and/or 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 areas. (18 27 2001 lu 10 FAX 919 789 1075 a.POYNER & SPRUILU zoo4 consistent with the Manual designs, must be provided to treat the runoff from the areas not draining to the wetlands C Michell and Associates, Inc. Stream mitigation plan The May 29, 2001 proposed mitigation plan. with a monitoring supplement dated rune 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 thwi 500 linear feet This reopening of Leek Fork Creek must be 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 as reasonably 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 DENIt's "Internal Technical Guide for Stream Woik in North Carolina (April 2001, Version 3 0) If the stream restoration outlined in the reports by Mitchell and Associates. Inc., are inconsistent with the Ma -nual, they must 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 Nlay 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 IDENR's website at http,1Y'h2o enr state nc uc lhcwetlands The modifications are as follows. a Modify the riparian (stream 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 - Benthie Macro invertebrate Monitoring Protocols for Compensatory Stream Restoration Projects (May 2001), C Provide plans that adequately depict the footprint of the Stream restoration efforts, detailing the location of rime /pools, stream bed sinuosity, stream bed profile, location of root wades, and grade control structures as outlined in DLNR's "Internal Technical Guide for Stream Work in North Carolina (April 2001 Version 3.0), 0 0Y 23 2001 10 11 FaX 919 783 1075 ,POYNER & SPRUILLa zoo5 4 d Begin the grading and planting of the stream restoration site on or before, but not later than December 1, 2001, and completion of the same, on or before April 1, 2002. DWQ shall be copied ,with an as -built plan upon completion of the project vAthin 30 days of completion of the stream restoration. e Send annual monitoring reports. These reports shall be sent to DWQ for five years within 30 days of the anruversary 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 DIWQ on the deed notification DWQ shall be copied on the deed notification, i,e. document which verifies and requires that DWQ be noticed and approval acquired as it relates to the otherwise restricted use and or proposed alternate usage for the area. This notification will be placed on the stream restoration area for the stream mitigation and re- opening of Leak Fork Creek. E At least one thousand (1000) linear feet of stream restoration shall be done on site This restoration must be successful within five (5) years. SucccssfW restoration is defined as a A channel with positive baseflow at least 90% of the time izi a normal year or minors the baseflow of the approved reference streani (for instance, the remaining undisturbed portion of the scream between US 52 and the restoration site), b. Tree plantings of at )east 320 trees per acre, c A mu=um of 90% of the stream 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 S125 00 a linear foot for each matehmg foot of unsuccessful restoration below one thousand (1000) feet. 0r 23 2001 10 it FJ,Y 919 783 1075 - i.POINER & SPRUILL.i. e000 5 F Modifications to Petitioners' Erosion and Sediiiientation Control Plan The Petitioners snall immediately revise and or amend bus Erasion 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 ) estoration and Stow-- water management efforts, G One of the remaining culverts under Leak Fork Creek shall be partially plugged at the uppermost end by November 1, 2001, to force strearn base flow to enter only one pipe rather than both pipes. Higher storm flows may enter both pipes There will be no physical barriers that prevent passage of aquatic life tluough the base flow channel barrel. H. DWQ shall issue a 401 Water Quality Certfieation for Nationwide 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 Agreement 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 Petitioners and DENR expressly stipulate and acknowledge that, by entering into this Agreement, Petitioners neither Admit or deity the allegations 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 Fohre amount of the civil penalty assessments; i.e., ten thousand five hundred, ninety-two dollars and twenty - eight cents ($10,592.28), 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. O9 21 2001 10 11 F -1 919 783 1075 a.POYNER & SMILLi Z007 6 6 DENR agrees to accept the payment of six thousand five hundred and rinety -two dcilars and twenty -eight ($6,592 28), in full and complete satisfaction of the civil penalty assessments subject to the terms of this Agreement 7 Notting in this Agreement shall restrict any right of DENR to take any enforcement action against tlae Petitioners for any future violations that are separate front any obligations of Petitioners under this Agreement 8 This Agreement shall be binding upon the parties and is entered into knowingly, intelligently, and voluntarily. 9MM �h s This the day of 2001 PTR, Inc R6c� }?6ck7 Carter Parker Wg Inc Poyner & Spruill, L L.P 1 � f ,l ;Y TLmot6y P Sullivan NC State Bar No 11105 P 0 Box 10096 Raleigh, NC 27605 -0096 (919) 783 -6400 SF/496.�0 A AR DENR, Division of Water Quality 0 Greg Thorpe, DWQ Roy Cooper, N C Attorney General i Arita LeVeaux Assistant Attorney General • C. State Bar No. 13667 • C Department of Justice Environmental Division Post Office Box 629 Raleigh, NC 27602 -0629 (919) 716 -6600 APPENDIX 4 DESIGN CALCULATIONS WET DETENTION BASIN WET POND DATA SHEET 4060 Patterson Ave. 51te, Wln5ton -5alem NC POND # DRAINAGE AREA (Ad) = IMPERVIOUS AREA (Ai) BUILDINGS ROADS PARKING OTHER TOTAL PERCENT IMPERVIOUS (1) I = Ad/Ai = 94 70% 4- 4 53 ACRE5 0 00 ACRES 0 00 ACRES 4 29 ACRES 0 00 ACRES 4 29 ACRES POND# I SHALL BE 7' DEEP AND DE51GNED TO REMOVE 90% T55 5A/DA= 4 1 REQUIRED SURFACE AREA AT PERMANENT POOL 5A,�fQ = 0 18573 AC = 8090 4 5F SURFACE AREA PROVIDED AT PERMANENT POOL (EL 829)= 9607 5F ........................................................................................ ............................... 5A PROV'D= 9607 > 8090 4 =5A REQ'D OK ......................................................................................... ............................... MINIMUM REQUIRED VOLUME (SIMPLE METHOD BY TOM 5CHUELER) Rv =O 05 +0 009'(1) Rv= 0 902318 VOLUME= I "'Rv'Aci = 0 34063 AC -FT = 14837 G FT ^ 3 POND# I DATA 5HEET PAGE I OF 3 Oct , 2001 VOLUME PROVIDED AT TEMPORARY POOL SET TEMP POOL ELEVATION REQ'D EL = 830 3557 �- USE EL = 830 4 VOL- PROV'D -= 1-5380 3 -CF -- - -�- ....................................................................................... ............................... VOL PROV'D= 1 5380 3 > 14837 G =VOL REQ'D OK :......................................................................................... ..............................I FOREBAY SIZING PERMANENT POOL VOLUME INCREM TOTAL EL SA (SF) VOL (CF) VOL (CF) 829 9607 0 0 830 11352 10479 5 10479 5 831 13152 12252 22731 5 SET TEMP POOL ELEVATION REQ'D EL = 830 3557 �- USE EL = 830 4 VOL- PROV'D -= 1-5380 3 -CF -- - -�- ....................................................................................... ............................... VOL PROV'D= 1 5380 3 > 14837 G =VOL REQ'D OK :......................................................................................... ..............................I FOREBAY SIZING PERMANENT POOL VOLUME POND# I DATA SHEET PAGE 2 OF 3 Oct , 2001 INCREM TOTAL EL 5A F VOL (CF) VOL (CF) 822 200 0 0 823 5 1 7 3585 3585 824 1030 7735 1132 825 1841 14355 2567 5 82G 2935 2388 49555 827 4330 3632 5 8588 828 6135 52325 138205 829 9607 7871 21691 5 REQ'D VOLUME = 20% OF TOTAL PERMANENT BASIN VOLUME = 4338 3 CF POND# I DATA SHEET PAGE 2 OF 3 Oct , 2001 CHECK FOREBAY VOLUME ....................................................................................... ............................... VOL PROV'D= 4549 > 4338 =VOL REQ'D OK ......................................................................................... ..............................I ORIFICE SIZING REQ'D DRAWDOWN TIME= 2 -5 DAYS Q2= 0 0658GG CF5 (FOR 2 DAY DRAWDOWN) Q5= 0 034346 CF5 (FOR 5 DAY DRAWDOWN) SELECT A 2 0 INCH CIRCULAR ORIFICE, (PERM POOL EL = 829 ) Q PROV'D= Cd'A'(29h) ^ 112 WHERE Cd= 0 G A= 0 02 182 5F g= 322 FPS /5 h= avcg head = 0 65833 Q PROV'D= 0 085232 ................................... ............................... Q2> 0 085232 >Q5 OK : .................................... ............................... POND# I DATA 5HEET PAGE 3 Of 3 Oct , 2001 INCREM TOTAL EL 5A 5F VOL (CE) VOL (CF) 825 120 0 0 82G 340 230 230 827 757 5485 7755 828 1 G3 1 194 5 1973 829 3520 2576 4549 — PROV'D- VOLUME - = 4-5-49 CF ....................................................................................... ............................... VOL PROV'D= 4549 > 4338 =VOL REQ'D OK ......................................................................................... ..............................I ORIFICE SIZING REQ'D DRAWDOWN TIME= 2 -5 DAYS Q2= 0 0658GG CF5 (FOR 2 DAY DRAWDOWN) Q5= 0 034346 CF5 (FOR 5 DAY DRAWDOWN) SELECT A 2 0 INCH CIRCULAR ORIFICE, (PERM POOL EL = 829 ) Q PROV'D= Cd'A'(29h) ^ 112 WHERE Cd= 0 G A= 0 02 182 5F g= 322 FPS /5 h= avcg head = 0 65833 Q PROV'D= 0 085232 ................................... ............................... Q2> 0 085232 >Q5 OK : .................................... ............................... POND# I DATA 5HEET PAGE 3 Of 3 Oct , 2001 IMP % IMP % 90% TSS REMOVAL IN COASTAL COUNTIES (NO VEGETATED FILTER REQUIRED) i DEPTH 85% TSS REMOVAL IN COASTAL COUNTIES (30' VEGETATED FILTER REQUIRED) 1 DEPTH 3' 3 5' 4' 4.5' i 5' 55, 6' 6 5' 7' 7.5' 10% 13 10 08 07 06 05 00 00 02 01 20% 24 20 18 17j j 15 14 76-76.5' 07 09 06 30% 35 30 27 25I j 22 19 13 12 11 08 40% 45 40 35 31 j 28 25 21 18 14 11 50% 56 50 43 39 j 35 31 27 23 19 15 60% 70 60 53 48 43 39 34 29 24 19 70% 81 70 60 55 I 50 45 39 34 29 23 80% 94 80 70 64 57 52 46 40 34 28 90% 107 90 79 72 j 65 59 52 46 m 3.9 33 100% 120 100 88 81 j 73-1 66 1 58 51 32 1 36 85% TSS REMOVAL IN COASTAL COUNTIES (30' VEGETATED FILTER REQUIRED) 1 DEPTH 3' 3 5' 4' 45' i 5' 5.5' 6' 6 5' 7' 7 5' 10% 09 08 07 06 05 00 00 00 00 00 20% 17 13 12 11 j 10 09 08 07 06 05 30% 25 22 19 18 j 16 15 13 12 10 _ 09 40% 34 30 26 24 j 21 19 16 14 11 _ 10 50% 42 37 33 30 j 27 24 21 18 15 _ 13 60% 50 45 38 35 32 29 26 23 20 16 70% 60 52 45 41 37 33 29 25 21 18 80% 68 60 52 47 42 37 32 27 22 20 90% 75 65 58 53 48 43 38 33 28 13 100% 82 74 68 62 j 56 50 44 38 32 1 26 SIZE PRINCIPAL SPILLWAY AND EMERGENCY SPILLWAY TO PASS 10 YEAR - 24 HOUR STORM EVENT DRAINAGE AREA = 4 53 AC % IMPERVIOUS = 947% Cc = 5UM(CA) /5UM(A) 0 91026 WHERE C IMPERVIOUS = 095 C PERVIOUS = 02 DESIGN STORM EVENT = I 0 -year, 10 minute duration RAINFALL INTENSITY = 54 IN /HR TOP OF OUTLET STRUCTURE= 830 4 M51- INVERT OF OUTLET STRUCTURE= 82G M51- TOP OF POND ELEVATION = 832 M51- DIMENSIONS OF OUTLET 5TRUCT 4' TOP OF SPILLWAY = RISER EL 830, h INVERT = 82G TOP Of DIKE = 832 WIDTH OF EMERGENCY SPILLWAY 100, TOP OF DIKE = 832 TOP OF SPILLWAY = 83 I Q req = Cc I A = 22 27 cf5 .4— PRINCIPAL SPILLWAY TO PASS REQUIRED 10 YEAR STORM EVENT CHECK FOR FLOW CAPACITY OF BARREL h = 400 Dia Of outlet pipe = 2 0' Hw /DIA = 25 Q= CA(2gh) ^ 5xNb 32 7745 cf5 Where C =0 G5 (Groove -end with headwall) Nb= number of barrels= I barrels ............. .......................................... ............................... .. ..... Q prin= 3277 cf5 > 22 27 cf5 =Q req OK .................................................................................... ............................... ....... CHECK FOR FLOW CAPACITY OF R15EP, Q prin = Cw L H ^ 3/2 = 24 5392 CFS Where Cw =3 3 (Sharp- crested weir) ......................... .... ............................... . ............................. . ....... Q prin= 2454 cf5 > 22 27 cf5 =Q reci OK: CHECK FOR FLOW CAPACITY OF EMERGENCY 5PIL WAY FOR 25 YEAR 5TORM RAINFALL INTENSITY = G 15 IN /HR Q req = Cc I A = 25 3G cf5 t-- EMERGENCY SPILLWAY TO PA55 REQUIRED 25 YEAR STORM EVENT Q emergency = Cw L H ^ 3/2 = 3000 cf5 Where Cw =3 0 (Broad- crested weir) ........... . .. .......... ............ ........ ............................... .. .... Q emer= 3000 cf5 > 25 3G cf5 =Q req OK ...... ........ ..... .......... ............. e