20011381 Ver 1_Fax_20010809

WATER & LAND SECTION Fax [phone] Aug 9 '01 17 =08 P 01
State of North Carolina
ROY C OOPLI; Department of Justice.
'=(DRP Py OLIVL{nL I- 0 BOX o 2J
Rz' L IGH
7602 -0629
FAX TRANSMISSION
SUBJECT TO ATTORNEY - CLIENT PRIVILEGE
ENVIRONMENTAL DIVISION
WATER & LAND SECTION
919/716 -6600
Fax [phone]
To: TIM SULLIVAN, ESQ Date: AUGUST 9, 2001
THOMAS WEST, ESQ
GREG THORPE
TORN DORNEY
JENNIFER FRYE
RON LINVILLE
DAVE PENROSE
LARRY COBLE
Fax #: AS INDICATED Pages: 8 Pages, xncluchng cover sheet
From' ANITA LEVEAUX
Subject: PTR, 00 EHR 1378
COMMENTS
PLEASE, FIND ATTACHED FINAL SETTLEMENT AGREEMENT FOR ABOVE -
REFERENCED CASE
ALV /jj
TT.ACHIv1ENT
�, dl

WATER & LAND SECTION Fax [phone] Aug 9 '01
17 09 F 02
•+ir_ ma`
Stilte, of North Carolina
ROY C'OOPLit lle par�tment of Justice
1
Anjul t°
Anrto LcVcuux
ATIOHNFY (71tNl_iiAL f, 0 Box 629
LnvirOnmenlal DIVIS1011
IRAL.EIGH
1 el 919/716.6600
27602 - 0629
Fax [phone]
August 9, 2001
Tim Sullivan, Esq
Thomas West, Esq
Poyner & Spruill, LLP
3600 Glenwood Avenue Y FA CSIMILE AND FIRST_ CLA,,Fd4 ALIIL.
Raleigh, North Carolina 27612
Re PTR vs. AQFNR, 00 EHR 1375, For Settlement ,Purposes Only
Dear Messis Sullivan and West
Inclosed please find our finalized settlement agreement- Phis agreement was only possible
through our joint efforts, accordingly, I thank you all Please note the minor, non substantive, ch4nge
in paragraph G on pale 5 Also, feel free to call me at the number set out above if you have any
questions or concerns as it relates to this agreement
Very truly yours,
Anita LeVeaux �
Assistant Attorney �Ghieral
N C State Bar No 13667
c Greg Tborpe
.john Dornery
Jennifer Frye
Ron Linville
Dave Penrose
Larry Coble
6P- 49737

WATER & LAND SECTION Fax [phone]
STATE OF NORTH CAROLINA
COLJNTY FORSYT14
PTR, Inc,
v
Petitioners,
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL
RESOURCES, DIVISION OF WATER
QUALI`I Y,
Respondent
Aug 9 '01 17 09 R 03
IN TIIE OFFICE U1-
ADMINISTRATIVE HEARINGS
FILE NO O1 EHR 1378
SETTLEMENT AGREEMENT
SETTLEMENT AGREEMENT
The North Carolina Department of Environrnent and Natural Resources ( "DENR "),
Respondent, and PTR, Inc, and Parker Manufacturing, Inc, ( "Petitioners "), jointly and
Severally, hereby enter into this Settlement Agreement ( "Agreement ") pursuant to N C Gen
Suit § 15013- 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 duality ("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,
DL-'NR and the Petitioners have reached the following settlement agreement in this
1 The Petitioners will pay a total of six thousand, five hundred, acid ninety -t-wo
dollars and twenty -eight ($6,592 28), including the costs of enforcement, ( "Settlement Amount ")

MATER & LAND SECTION Fax [phone] Aug 9 '01 17 09 P Oa
2
to DENR in the full and complete settlement of the case set out above The Settlement Amount
shall be made in a one liunp stun payment upon execution of this agreement by the Petitioners
2 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 Coils
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
ieviewed and approved by the COE
B Storm water management - the Petitioners shall provide a final, written
Stoma water management plan that must be approved in miting by NC DE:NR by
October 1, 2001. The Storm water ioanagement plait must include plans and
specifications for Storm water management facilities (facilities), designed to
remove 85% of the total suspended solids (7-SS'; according to the most recent
version of DENR's Storm water Best Manages lent 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 appioved by
DWQ's wetlands unit, shall be constructed and operational, and the Ston -n 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
Carolina General Statutes and /or applicable rules and regulations No changes to
the structural Storm water practices shall be made without written authorization
ti om D W Q 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 wetland`, bioretention areas.

WATER & LAND SECTION Fax 919 - 716 -6766 Aug 9 '01 17 10 P 05
consistent with the Manual designs, rust 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 June 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 requned from Leak Fork Creek such that
the total culverted length of Leak Fork Creek is no More than 500 linear feet
This reopening of Leak Fork Creek inust 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 accoiding
to the provisions in DLNR's "Internal Technical Guide for Stream Work 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 Manual, they mrert be
modified and submitted to DWQ for written approval
D Mitchell and Associates, Inc Stream mitigati,-)n plan Tbc; proposed on-
site stream mitigation plan in the May 29, 20104- ,nrovoiLa-irttrgation plan, with a
monitoring supplement dated June 7, 20C °1. r ..Oared, 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 DF,NR's website at
http 11h2o enr state nc us/newetlands 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 - Benthic Macro invertebrate Monitoring Protocols for
Compensatory Stream R estoratioii Protects (May 2001),
Q. Provide plans that adequately depict the footprint of the
stieam iestoration efforts, detailing the location of riffle /pools,
stream bed sinuosity, stream bed profit,;, I , iion of root wades,
and grade control structures as outlined in DENR's "Internal
Technical Guide for Stream Woik in North Carolina (April 2001,
Version 3 0),

DATER �, LAND SECTION Fax [phone] Aug 9 '01 17 10 P 06
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 within 30 days
of completion of the stream restoration
e Sexed 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, z.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 strewn restoration shall be done
on site This restoration must be successful within live (5) years Successful
restoration is defined as
a A channel with positive baseflow at least 90% of the time in a
normal year or rriiirors the baseflow of the approved reference 5tieam
(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,
C A minimum 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 $125 00 a linear
toot for each matching toot of unsuccessful restoration below one
thousand (1000) feet

MATER & LAND SECTION Fax [phone] Aug 9 'C l 17 10 P 07
5
F Modifications to Petitioners' Erosion and Sedimentation Control Plan
The Petitioners shall immediately ievise and or amend his Erosion and
Sedimentation Contiol Plan (Platt).
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 Qne of the iemaining culverts under Lcak Fork Creek shall be partially
plugged at the uppermost end by November 1, 2001, to force stream base flow to
enter only one pipe rather than both pipes Higher storm flo,,vs may enter both
pipes There will be no physical bainers that prevent passage of aquatic life
through the base flow channel barrel
H DWQ shall issue a 401 Water Quality Certification for Nationwide Permit
32 (Certification), Completed Enforcement Action, foi 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 nuinbei
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, to paragraphs numbered one, tNNo,
of three, including any and all sub - paragraphs, above, by Petitioners, will iendei due and
payable the balance of the Civil Penalty Assessment
5 Petitioners and DENR expressly stipulate and acknowledge that, by entering into
this Agreement, Petitioners neither admit or deny the allegations contained in the Findings and
Decisions acid Assessment of Civil Penalties, however, upon Petitioners' breach of any condition
or term of tills Agreement, the sole issue, in any action by DENR is to collect the Er:tire amount
of the civil penalty assessments, i e, ten thousand five hundred, ninety -two dollars and twenq-
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

WATER & LAND SECTION Fay 919- 716 -6766 Aug 9 '01 17 11 F 03
6
6
DL-NR agrees to accept the payment of sip; thousand five hundred and ninety -two
dollars quid twenty -eight ($6,59220, in full and complete satisfaction of the civil penalty
assessments subject to the terms of this Agreement
7 Nothing in this Agreement shall restrict any right of DLNR to take an),
enforcement action against the Petitioners for any hiture violations that we separate from any
obligations of Petitioners under this Agreement
S This Agreement shall be binding upon the parties and is entered into knowingly,
intelligently, wind voluntarily
Tlus the day of , 2001.
PTR, [no Parker Mfg. Inc
Rocky Carter
Poyncr & Spruill, L L P
Lb-Z
EP/49650
LM
'Timothy P Sullivan
N C State Bar No 11105
P d Box 10096
Raleigh, NC 27605 -0096
(919) 783 -6400
Kenneth R. Horne
DF,NR, Division of Wat�.x-Quality
Greg Thorpe, DWQ
Roy Cooper, N C Attorney General
By
Anita LeVeaux
Assistant Attorney General
N.C. State Bar No 13667
N C Department or Justice
Envrroxuncntal Division
Post Office Box 629
Raleigh, NC 276020629
(919) 716 -6600