20011381 Ver 1_Fax_20010709

WATER & LAND SECTION Fax [phone] Jul 9 101 13 52 P 01
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State of North Carolina
ROY v_ uc_x3I k Depam -rent of Justice
Al I ONNVIA t . NFRAI 1' 0 LOX 629
RALEIGH
27602-0629
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j ENVIRONMENTAL DIVISION
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Fax [phone]
ATTORNEY -CLIENT PRIVILEGED DOCUMENT
AND ATTORNEY WORK PRODUCT
NOT A PUBLIC RECORD PURSUANT TO N C GEN STAT § 132-1 1
URGENT PLEASE DELIVER UPON RECEIPT
II o: Derr T. Stevens, DWQ Date: July 9, 2001
Jahn Dorney, DWQ
Larry Coble, WSRO, DWQ
Jennifer Frye, WSRO, DWQ
i
-'ax #: (919) 783 -1075 Pages: 3 including this cover sheet
Fj rom: .Aruta LeVeaux
Subject; PTR v DENR
00 E14R 1378
i
COMMENTS
Please review and contact me you have any questions

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WATER & LAND SECTION Fax 919 - 716 -6766 Jul 9 '01 13 53 P 02
S'A
Stele of North Carolina
Reply to
L)epartrne.ni of _ ustice Anita I cVeaux
11 IUIt \L) t,I= \[1 -, \L P O Box 62c) EnvtrvnmcnralDivision
RALEP-;H Tel [phone]
Fax [phone]
27bo .3 -OG29
July 9, 2001
Tim Sullivan, Esq
Thomas West, Esq
P� Yner & Spruill, LLP
31300 Glenwood Avenue E-YFACSIHMP AND FIR. CLA.S4 II
Rledeigh, North Carolina 27612
k; PTR vc_ DEN'R, 00 EHR 1378, For Settlement Putposer Onlj
Di ar Mr Sullivan-
My client has received and reviewed your draft settlement agreement While we continue to
believe that this matter can be settled it is unfortunate that the consultant did not consult anyone here at
DJ-"NR before the consultant's report was submitted Our goal is to settle this matter in a manner that will
en,nir� compliance while not appearing to "rewaid" the alleged violator Accordingly, we tender the
fbi lowing which my client believes are essential to settling this matter
I Deduce the "culverting" of Leak Fork, Creek The proposed
retention of 500 feet of pipe is unjustified Crossing of the creek
for one (or possibly two, if justified) road crossings is fine but more
than that is avoidable
2 On -site storm water management is needed for the new storm
\eater from this commercial site. A wet Jetnntion pond would be
acceptable
3 Relocation of the smallerbibutary (Iviy (,_.'Ilt',ad a nuinber
of questions as it relates to this requirement, primarily because the
map was not included, so, there was no reference point) )~our,
immediate queries come to mind, First, whether there are any plans
for the relocation? Second, will the design be based on a reference
stlearri7 Third, will there be wooded buffers on both sides of the
C,cck' Uso,,vl,at will be the wlctir, of the butters kinally, biological
monitoring will be required for the stream relocation, have you made
arrangements with water quality (DWQ), to review and approve the
overall mitigation and monitoring plan?

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WATER & LAND SECTION Fax [phone] Jul 9 '01 13 53 P 03
4 Of the two pipes installed in Leak Fork Creek, One trust be
either raised or partially plugged so that low flow only goes through
one pipe and the low flow is not so spread out as to remove the
aquatic habitat
5 Delete sweet gum and sycamore from the proposed plantings
6 lnform DWQ of the proposed buffer width on the restored
portion of Leal. Fort: Creek and whether n is to be planted with trees
or shrubs?
Finally, there is a reference to maps in the report, T couiu not locate the same Please feel
free to call me at the number set out above if you have any questions_
V truly yo ,
Anita LeVeaux
Assistant Attorney General
N.0 State Bar No. 1 3667
C Kerr T Stevens
John Dornery
Jennifer Frye
Ron Linville
Dave Pc arose
Larry Coble
LP'-49185