20011381 Ver 1_Fax Settlement Agreement_20010703

07'03:2001'12 1R- FAX [phone] �POYNER & SPRUILL LLP, 2002/013
STATE OF NORTH CAROLINA
COUNTY OF FORSYT14
PTR, Inc.,
VS.
Petitioner,
NORTH CAROLINA
DEPARTMENT OF
ENVIRONMENT AND NATURAL
RESOURCES,
IN THE OFFICE OF
ADNaN1STRATIVE HEARINGS
00 -EHR -1378
SETTLEMENT AGREEMENT
Pursuant to N.C. Gen. Stat. § 1 SOB- 31(b), the North Carolina Department of
Environment and Natural Resources ( "DENR7% Respondent, and PTR, Inc. ( "PTR "), Petitioner,
hereby enter into this Settlement Agreement ( "Agreement") in order to anvcably resolve matters
in controversy related to civil penalty assessments. This matter arose out of the assessment of
civil penalties by the Division of Water Quality ("DWQ') in the total amount of $10,592.28,
including enforcement costs, on August 22, 2000 for alleged violations of 15A NCAC 2B
.0211(2) and 1 SA NCAC 21-1 .0501(b)
DENR and the Petitioner have reached the following settlement agreement in this matter:
I. The Petitioner will pay a total of $6,592.28 ("Settlement Amount") to DENk The
Settlement Amount shall be paid in one lump sum to DENR within 30 days of execution of this
settlement agreement by Petitioner and Respondent. Payment of the Settlement Amount shall
be by check made payable to the North Carolina Department of Environment and Natural
Resources (or to "DENR ") at the following address-

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Ms. Sharlene Moses `
Attorney General's Office
Environmental Protection Division
Post Office Box 629
Raleigh, N-C_ 27602 -0629
2_ Additionally, Petitioner will implement to the satisfaction of the U.S. Army Corps
of Engineers C'COE ") the attached lV aitoring and M�itigation Plan (subject to any modification
subsequently approved by the COE) which has been reviewed and approved by the COE.
3. The breach of any condition of Paragraphs one or two by Petitioner will render
due and payable the entire amount of the civil penalty assessments, i_e. $10,592.25.
4. Petitioner and DENR expressly stipulate and aclmowledge that, by entering into
this Agreement, Petitioner neither admits or denies the allegations contained in the Findings and
Decisions and Assessment of Civil Penalties; however, should Petitioner breach Paragraph one
or two of this Agreement, DENR may initiate an action to collect the entire amount of the civil
penalty assessments; i.e., 510,592,28, in accordance with the terms of Paragraph three above, and
any such action based on breach of this Agreement shall be limited to collection of the civil
penalty assessment_
5. DENR agrees to accept the payment of $6,592.28, in full and complete
satisfaction ofthe civil penalty assessments, subject to the terms of this Agreement.
6 Nothing in this Agreement shall rostrict any right of DENR to take any
enforcement action against Petitioner for any future violations.
7. This Agreement shall be binding upon the parties and is entered into knowingly,
intelligently, and voluntarily.

r
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S. Petitioner agrees that upon execution of this Settlement Agreement by Petitioner
and Respondent, Petitioner will promptly withdra�,Nr Its petition for a contested case hearing in
t)ns mattcr.
This the day of July, 2001
PTR, Inc
By:
Rocky Carter
Title
POYNER & SPRUILL L.L.P.
By.
Timothy P. Sullivan
N.C. State Bar No. 11105
Poyner & Spruill, L.L.P.
P.0 Box 10096
Raleigh, NC 27605 -0096
(919) 783 -6400
Attorney for Petitioner
R LEIMP4935D.0071304129 v 1
FOR THE DIVISION OF WATER
QUALITY:
By:
Kerr T. Stevens, Director of
Water Quality
Bv:
MICHAEL F. EASLEY
Attorney General
Anita LeVeaux
.Assistant Attorney General
N.C. State Bar No. 24567
N.C. Department of Justice
Environmental Division
Post Office Box 629
Raleigh, N.C. 276022 -0629
(919) 716 -6600
Attorney for Respondent

07;03/2001 12 19 FAX [phone] <POYNER & SPRtTILL LLP�, Z005/013
a sup n zD��
Mitchell and Associates, Inc.
ENVIRONMENTAL CONSULTANTS
113 W@St 3rd SL • Creenvlllc, Nf.0 27868 0 262.762A077 • Pax: 262.7627380
3973 Market afte Sum ing b Sults B 0 W0minoWn, N.C. 28409 •910,264.0602 * Fwa 910.264,0603
Mitshou(�Mlcohe1M�55oala�s.ory
Proposed. Monitoring Plan
Prepared for:
Parker Manufacturing, Inc
and
P11?, INC.
Post ice Box 1037
Kernersville, N.C. 27285
Prepared by:
Jennifer Burbank
1litcheH & Associates, Inc
3973 B Market Street
Wilmington, NC 28403
June 7, 2001

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Mitchell & Associates, Inc., on behalf of ]rocky Caster, has created a mitigation plan for all
steam impacts that have occurred on hi.s property locked on the west side of Patterson Avenue
and approximately 1400 feet North of the intersection of Motor Road in Forsyth County, W mston
Salem, North Carolina. Subsequently, we are now submitting the project time fire and
monitoring plan to ensure the projects success.
Time
Below is an outline of the time frame necessary to complete the restoration and stream creation
project_ It is our goal to have the 1,60-foot portion of pipe xemoved 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 ftt approximately 5,500 plants including willow
oak, cottonwood, green asb, water oak, sweet gum and sycamore will be needed to adequately
cover the lower banks of both the restored section of Leak Fork Creek and the new,..,.,a,,,cd
tributary. That number is derived from channel length and bank width with a planting every 2
square feet
,Mtohell & Associates will implemeat a site inspection and monitoring plea to ensure the Z ccs
of the project. This plan will meet standard procedures for monitoring a project, and inclu
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
ref a 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
summades 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

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three years after monitoring, a min mazi 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 bane
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 tune wally 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
ebannel conditions will be conducted during low water conftons to allow for viewing of
complete structures and channel bed. changes. Photo reference sites (longitudinal photos and
lateral reference photos) and reference reach monitoring 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 Bedford features and cross - sections remain suable. The stream
shall retain its enhanced Rosgen's steam type classifieadon. If any problems arc cncouuwred, the
Stream channel will immediately be restabilized and planted.
The above monitoring plan is designed to ensure the success of this mitigation project, Wd meets
w thA,C-OE standards.

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pTR, Inc. Page 3 02/23/00
After- The -pact Permit Application
Additionally, instead of using the typical fescue or grasses, the upper interior and exterior
of the structure should be planted with the following mix:
Spring/Summer Mixture, May I - Sept. 15 FalllWinter Mixture, Sept. 15 - April 30
Browntop millet 20 lbs/a Rye grain 1201bs/a
Korean lespedeza* 20 lbs /a Korean lespedeza* 20 lbs /a
Shrub lespedeza 1 lb /a Shrub lespedeza 1 lb /a
Switchgrass 10 lb /a Partridge pea 10 lb /a
* On slopes less than 3:1 use Korean lespedeza
On slopes greater than 3:1 use Crown Vetch or Sencea lespedeza (not prefferred)
Add one of the following to the above mixtum
Crown Vetch 5 lbs /acre
Ladino Clover 5 lbs /acre Lime & ferf ize disturbed areas according
Alfalfa 5 lbs /acre to NCRS soil test and recommendations.
(Note: Mowing should be limited to early spring and should only occur as needed to prevent tree growth
an the dam or other areas. Mowing on a 2 -3 year schedule should suffice.)
Trees and shrubs (1 year bare root seedlings) should be planted randomly at a minimal
rate of 100 trees per acre on the top and upper portions of the structure and at a minimal rate of
_ 150 per acre around the normal water elevation and littoral shelf area. The following list of tree
species may assist in providing habitat benefits-,
Loblolly Pine* Red Cedar Black Gum American Holly Dogwood
Hickory Sumac White Oak Willow Oak Red Maple*'�
Swamp Chestrnrt Oak Viburnum Green Ash Ironwood Black Cherry
Water Oak Silky Dogwood
Other species may be utilized depending on site requirements and availability. Pines* should not exceed
15% of the reforestation. No more than 20% of the tree species will be of a single species. An 809A
success rate is acceptable over five years. Large or fast growing trees like Sycamore and Maple** may not
be appropriate amund detention facIties.
Mitigation for ummcessary and unpernlitted impacts 'should occur in Forsyth County. If
not possible, mitigation should occur in the same categorical area. Payment into the Wetlands
Restoration Program may be acceptable; however, this should occur only after appropriate
avoidance and min7mtization has occurred on site.
Thank you for the opportunity to review and comment on this project. If you have any
questions regarding these comments, please contact me at 336/769 -9453.
Cc: John Dorney, DWQ
Douglas Huggett, CAMA
Jennifer Frye, WSRO -DWQ
Frank McBride, NCWRC
Mark Cantrell, USFWS

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1.0 Introduction
Mitchell & Associates, Inc., on behalf of Rocky Carter, has undertaken the project of creating a
mitigation plan for all stream impacts that have occurred on the property located northwest of
Winston Salem, Forsythe County, North Carolina (map la. And Ib.). The mitigation plea
includes mimrn' ' 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 (LTSACOE). This mitigation plan, when implemented, will effectively enhance and
restore existing streams on the project site as well as improve the existing downsuvam water
quality of Leak pork 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 Forsythe County, Winston Salem, North Carolina (Map2).
The site is bounded by route 52 and a Duke Power Right of Way (ROW) located on the west
side. Leak Fork Creels is a shallow tributary adjacent to the property that lies within the valley
parallel to Patterson Avenue on the property's west side. The creek has an average bank to rank
stream width of less than 12 feet, has a north directional flow, and shows chaanelization farther
downstream_ (Picturel -4). Evidence of rapid erosion can be seen in several places along the
creek banks, and silt fences were placed in a few areas to help retard the erosion process (picture
5). Green algae (family Chlorophyta) was found growing throughout the bottom of the creel:
(picture6). The surrounding area primarily consists of patches of woody vegetation, numerous
grasses, and small to medium rocks (pictures 7). Trash material was observed along the creek
banks as well as within the water (picture 8). A sewer line rums parallel to Leak Fork Creek and
there is evidence that creek flow was latered due to the placement of the sewer line (picture 9).
The actual site itself has been graded, filled, and is covered with gravel up to its boundaries
(pictures 10 and 11).
1,2 Soil Series Description
The soils located on the property are from the Wehadkee Series and Pacelot Series (Map 3 and
Appendix A). The Pacelot Series consists of Pacelot fine sandy loam and clay loam and can
typically be found on slopes from 10 to 45 percent, These soils are well drained with moderately
slow infiltration and rapid runoff. The Wehadkee Senes, in particular Wehadkee loath, is
classified as a hydric soil and characterized as being ,poorly drained and is located on the flood
plain of streams. Itif nation is moderate and surface runoff is slow, These soils we also subject
to frequcnt flooding for brief periods of time and can be found on 0 to 2 percent slopes (SCS

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19767.
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 pennsylvmdca (green ash),
Populus dehoides (eastern cottonwood). Acer rubrum (red maple), Quercus nigra (water oak),
Quecus phellos (willow oak), Quercus alba (white oak), Pinus taeda (loblooly pine),
L4uadambar styraciflua (sweetguml Platanus occidentalis ( sycamore), and Lirioden&vn
tulipiftra (yellow poplar). The understory vegestation consisted of native grasses, Eupatorium
cappillifoliurn (dog fennel), Rosa sp. (Wild rose), and P)Oolacca americana (pokeweed).
The following proposed mitigation option was introduced by the U.S. Army Corps of Engineers
to re- establish stream areas on-site and to resolve enforcement matters. This mitigation plan
involves removing a portion of the culvert located in Leak Fork Creek and restoring the area to
natural Conditions. In addition, our client will be required to relocate the impacted rmmamed
tributary to the back of the property using approved Rosgen techniques. Rnsgen techniques
involve analyzing stream charactedstics including geomorphic, chemical, biological processes and
there functions. After this data is collected, a stream can be restored to its oxiRinal condition and
function by imitatiing its initial state.
2.1 Mitigation procedure
Mitchell & Associates, Inc_, has developed the following mitigation plan to resolve the previously
mentioned etforcement matters_ Our diem will be retired to minimize the present 650 Enear feet
of impacts to Leak Fork Creek to less than 500 linear feet. This will require approximately 150
linear feet of the creek to be opened, the creek bank re- established, and the placement of
vegetation and mot 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 Ming of the
unnamed tributary previously located on site. This phase begins with redirecting the culvert
located at the rear of the property east of T 1V'J'Y 52 along the perimeter of the project site, This
redirection will create approximately 1250 feet of meandering stream which will connect with
Leak Fork Creek. Redirecting the stream 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.

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1976).
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. 'Me overstory consisted of Fraxinus pennsylvwdca (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 stp=iflua (sweeigum), Platanus occidentalis ( sycamore), andLiriodendron
tulrpifera (yellow poplar). The understory vegeatation consisted of native grasses, Eupatorium
cappilirfolium (dog fennel), Rosa sp. (Wild rose), and Phytolarcca americana (pokeweed).
The following proposed mitigation option was introduced by the U.S. Army Corps of Engineers
to re- establish stream areas on -site and to resolve enforcement matters. This mitigation plan
involves removing a portion of the culvert located in Leak Fork Creek and restoring the area to
natural conditions. In addition, our client will be required to relocate the impacted umiamed
tributary to the back of the property using approved Rosgen techniques. Rnsgen techniques
involve analyzing stream chaiwtedst cs including geomorphic, chemical, biological processes and
there functions. After this data is collected, a stream can be restored to its original condition and
function by imit:a ling its initial state.
2.1 Mitigation procedure
Mitchell & Associates, Inc_, has developed the following mitigation plan to resolve the previously
mentioned enforcement matters. our client will be retired to mint' = the present 650 linear feet
of impacts to Leak Fork Creek to less than 500 linear feet This will require approximately 150
linear feet of the creek to be opened, the creek bank re- established, and the placement of
vegetation and root wads along the stream banks for stabilization and erosion control. The
second component of the mitigation plan is related to the impacts associated with the Sing of the
unnamed tn'butary previously located on site. This phase begins with redirecting the culvert
located at the rear of the property east of .1- W 52 along the perimeter of the project site. This
redirection will create approximately 1250 feet of meandering stream which will connect with
Leak Fork Creek . Redirecting the stream 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.

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2.11. Culvert Removal and Stream Restoration
The culvert locsted in Leak fork Creek is presently approximately 660 linear feet in length and
begins on the Northern property boundary and ends on the southem property boundary (pictures
12 and 13). This culvert consists of two large pipes that have provided adequate space for high
stream flow. A portion of the culvert (160 ft.) at the southern property boundary end is to be
removed to lessen the culverts length to 500 linear feet or less, After the culvert is removed, this
area of stream will be restored to its previous naun -A conditions.
Leak Fork Creek = be characterized as a FIG type stream that is undergoing degradation and
widening. This is characterized by the high width to depth ratio and the presents of Undercutting
and sloughing of the banks both upstream and downstream of the culverts. The banks are
primarily being stabilized by grass vegetation, shrubs and root material from overstory trees. The
erosion is significant where meanders are present, with undercutting on the outer portion and
sloughing on the inner portion. The width of the charnel ranges between 6 and 8 feet while the
banlsftyl width is approximately 10 -16 feet, Water depth ranges from 4 inches to 12 incises,
varying according to the presents of pools and rifles.
The previously converted section of the stream will be restored to a nwanal 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, dig 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 consrr m on areas .
The creek bank will be sloped at a 2.1 angle. This will mimic healthy stream, ch=zteristics and
PLC vent further erosion to downstream areas. The 2:1 slope ofrers optimal stability with less need
for increased stabilization. methods. (NRCS 1998). Sank tops will be given arounded edge to
form a gradual transition between upland and slope to allow for suitable plant growth. Native
riparian vegetation and root wads will be used for bank stabilization. Root wads with a basal
diameter between 10 to 20 inches from will oaks will bei nstalled using the drive point method
just above the toe of the slope at ninety degree angles to the direction of water flow, They will be
installed with 113 of the wad below the baseflow elevation. In addition to providing stabilization
the root wads also will impede sediment trati5port (NCCES 2000). Creek bed material is
available on site and will be consistent with the present bed material which ranges fromsilt/clay to
cobbles.
2.12 Stream Creation
An unnamed tnInmy once entered the property from the west from a culvert that extends under
Hwy. 52. This tributary descends approximately 100 feet through a gully from HWY. 52 and
ends at the property line. This stream is =ow ( 1 -2 feet wide), and shallow with a depth of 1
foot. The banks of this tributary are low and at an approximate 1:5 slope. It is bordered by
grassy ripaian vegetation and shrubs in addition to oak s and maples. Bed material consists of
silt/clay, cobbles, and boulders.

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The above proposed mitigation plan meets USACOE stands and will in fact iw,prove the
quality of Leak Fork Creek and its associated umamed tsibu y.