20011381 Ver 1_Court Case Correspondence_20010101

STATE OF NORTH CAROLINA
COUNTY FORSYTH
PTR, Inc,
V.
Petitioners,
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL
RESOURCES, DIVISION OF WATER
QUALITY,
Respondent.
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
FILE NO O1 EHR 1378
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 this Settlement Agreement ( "Agreement ") pursuant to N C Gen.
Stat § 150B- 31(b), in order 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)
DENR and the Petitioners have reached the following settlement agreement in this
matter:

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1. The Petitioners will pay a total of six thousand, five hundred, and ninety -two
dollars and twenty -eight ($6,592 28), including the costs of enforcement, ( "Settlement Amount ")
to DENR in the full and complete settlement of the case set out above The Settlement Amount
shall be made in a one lump sum 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
3. Further conditions include the following
A. The Petitioners will implement to the satisfaction of the U S. Army Corps
of Engineers (COE) the attached Monitoring and Mitigation Plan, Mitchell and
Associates Stream mitigation plan, (subject to DWQ's modifications [see D
below,] and any modification subsequently approved by the COE. This Mitigation
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
specifications for Storm water management facilities (facilities), designed to
remove 85% of the total suspended solids (TSS) according to the most recent
version of DENR's Storm water Best Management Practices Manual, (Manual.)
These facilities must be designed to treat the runoff from the entire project,
unless otherwise explicitly approved by DWQ Also, the facilities, as approved by
DWQ's wetlands unit, shall be constructed and operational, and the Storm water
management plan, as approved by DWQ's wetland unit, shall be implemented by
December 1, 2001
The structural Storm water practices as approved by DWQ's wetland 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

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from DWQ. Petitioners may design the proposed wetland at the bottom of the
relocated stream as an extended detention wetland as described in the above
manual If the runoff from the project cannot be added to the above wetland,
bioretention areas, consistent with the Manual designs, must be provided to treat
the runoff from the areas not draining to the wetlands.
C. Mitchell and Associates, Inc Stream mitigation plan The May 29, 2001
proposed mitigation plan, with a monitoring supplement dated 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 required 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 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 DENR'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 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 May 29, 2001 proposed mitigation plan, with a
monitoring supplement dated June 7, 2001, prepared by Mitchell and Associates,
Inc. is acceptable to DWQ with modifications. The modifications to the stream
mitigation plan must be submitted to DWQ by October 1, 2001 for written
approval. These reports are available on DENR's website at
http 11h2o enr state nc us/ncwetlands. 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 Restoration Projects (May 2001),
C. Provide plans that adequately depict the footprint of the
stream restoration efforts, detailing the location of riffle /pools,
stream bed sinuosity, stream bed profile, location of root wades,

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and grade control structures as outlined in DENR's "Internal
Technical Guide for Stream Work in North Carolina (April 2001,
Version 3 0),
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 Send annual monitoring reports These reports shall be sent
to DWQ for five years within 30 days of the anniversary of the
completion of the stream restoration These plans must outline any
planned measures to resolve any problems identified with the
success of the stream restoration; and
f Copy DWQ on the deed notification DWQ shall be copied
on the deed notification, 1 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
restoration shall be done on
successful within five (5) years
as :
(1000) linear feet of stream
site This restoration must be
Successful restoration is defined
a. A channel with positive baseflow at least 90% of the time in a
normal year or mirrors the baseflow of the approved reference stream
(for instance, the remaining undisturbed portion of the stream between
US 52 and the restoration site),
b. Tree plantings of at least 320 trees per acre,
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 fall to meet any of the above criteria, the Petitioners
shall purchase stream mitigation credits from the N C. Wetlands

fb
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Restoration Program by payment of no more than $125 00 a linear
foot for each matching foot of unsuccessful restoration below one
thousand (1000) feet.
F. Modifications to Petitioners' Erosion and Sedimentation Control Plan
The Petitioners shall immediately revise and or amend his Erosion and
Sedimentation Control Plan (Plan).
Notwithstanding any other statutes, rules and/or regulations, a Plan must be
secured prior to the beginning of construction of the on -site stream restoration
and Storm water management efforts
G One of the remaining culverts under Leak Fork 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 flows may enter both
pipes. There will be no physical barriers to the passage of aquatic life in the base
flow channel barrel
H. DWQ shall issue a 401 Water Quality Certification for Nationwide Permit
32, Completed Enforcement Action, for this project This Certification shall be
issued on or before October 1, 2001. The applicant must submit a written request
to modify the existing Individual Permit application on or before September 15,
2001.
4 The breach of any condition enumerated above, in paragraphs numbered one, two,
or three, including any and all sub - paragraphs, above, by Petitioners, will render due and
payable the balance of the Civil Penalty Assessment
5. Petitioners and DENR expressly stipulate and acknowledge that, by entering into
this Agreement, Petitioners neither admit or deny 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 Entire amount
of the civil penalty assessments, 1 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.

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6 DENR agrees to accept the payment of six thousand five hundred and ninety -two
dollars and twenty -eight ($6,592 28), 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 DENR to take any
enforcement action against the Petitioners, for any future violations that are separate from any
obligations of Petitioners under this Agreement
8. This Agreement shall be binding upon the parties and is entered into knowingly,
intelligently, and voluntarily
This the day of , 2001.
PTR, Inc. Parker Mfg. Inc
By By
Kenny Horne, President
Poyner & Spruill, LL P
By.
Timothy P Sullivan
N.C. State Bar No. 11105
P O. Box 10096
Raleigh, NC 27605 -0096
(919) 783 -6400
DENR, Division of Water Quality
Bv-
Greg Thorpe, DWQ
Roy Cooper
Attorney General
Anita LeVeaux
Assistant Attorney General
N.C. State Bar No. 13667
N. C. Department of Justice
Environmental Division
Post Office Box 629
Raleigh, NC 27602 -0629
(919) 716 -6600

EP/49650