20011381 Ver 1_Email_20010706 (2)

Re PTR
Subject: Re: PTR
Date: Fri, 06 Jul 2001 11:08 13 -0400
From: danny smith <danny smith @ncmail net>
To: John dorney @ncmail net
CC: Jennifer Frye <jennifer frye @ ncmail.net>, larry coble @ncmail net
Hey John
Attached are the comments Jennifer and I came up with after the review of the PTR settlement draft and the
Mitchell and Asscoicate's mitigation proposal (Note. At this time no response has been forwarded to
Anita. Our intent is to generate one response from all of us, in an effort to keep things clear for Anita.)
Anyway, please review /make changes and forward to Antia ..
ds
PTR Settlement Comments:
The Corps of Engineers Public Notice indicated 850 feet of culvert impacts
to Leak Fork Creek and 660 feet to an unnamed tributary of Leak Fork
Creek. Conversely, the settlement offer only proposes to remove
approximately 160 feet of culvert from Leak Fork Creek and to restore the unnamed tributary to a new
1250' channel.
The settlement agreement should clearly stipulate how much mitigation
will take place on site and off site for each respective stream segment
impacted. That is, the restoration of the 660 -foot of the culverted
unnamed tributary to Leak Fork Creek into a new stream channel totaling 1250 feet of stream is
proposed It is staffs understanding that this alternative was chosen
in lieu of 1:1 off site mitigation for the impacts to this
unnamed tributary.
The remaining impacts, detailed in a Public Notice by the Corps
indicates that 850 feet of culverted impacts occurred on the Leak Fork
stream segment Accordingly, only 160 feet of the stream will be
restored by the removal of culverts. Therefore, 690 feet of restoration
or mitigation for Leak Fork Creek has not been addressed Compensatory mitigation for the remaining
690 feet is required at a 1:1 ratio The restoration of the unnamed tributary is acceptable mitigation for
the unnamed tributary impacts only - not for Leak Fork Creek impacts, as the two stream are not
comparable. Further, it was staff s understanding that the majority of the culvert on Leak Fork Creek
would also be removed and only a minimum length needed for a single road crossing would remain
Settlement offer states that they will implement the "Monitoring and Mitigation Plan" to the
satisfaction of the Corps. The Monitoring and Mitigation Plan must also meet with Division approval.
A detailed stream restoration plan and monitoring proposal must be submitted to the Division for review
and approval
1 of 2 7/9/2001 9 31 AM

f: W R
A Stormwater management plan and implementation schedule should be
required in the settlement offer This plan and schedule must also be submitted to and approved by the
Division (Note the settlement proposal did not address stromwater management )
The settlement offer should require PTR to appropriately modify their
erosion and sediment control plan
2 of 2 7/9/20019 31 AM