20011381 Ver 1_Fax_20010807 (4)

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WATER & LAND SECTION Fax:[phone] ' Auq 7 15:49 P.01
BOY c :O(-)PFR
Al- l'()I{NL:.Y GUNL'RAL
Tim Sullivan, Esq.
Thomas West, l.sq_
Noyner & Spruill, LLP
3600 Glenwood Avenue
Post -it* Fax Note
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Reply to:
Department of Justice AnnaLcVoaux
P 0. Box (32y1 F,nvironmental Division
RALEIGH Tel: 919!'; v -L6C0
16.6767
2 7 G02.062P
August 7, 2001
BY FACSIAHLE
Re: PTR vs. DENR, 00 EHR 1373, For Settlement Purposes Only
Dear Tim:
-Please review the attached. I believe this document is reflective of the time and energy dedicated
by my client and your client in the hopes of achieving a resolution in this case. If you or your client have
any questions please .feel free to call me at the number set out above.
Anita LeVeaux
Assistant Attorney General
N.C. State Bar No. 13667
e: Greg Thorpe
John Dornery
Jennifer Frye
Ron Linville
Dave Penrose
Larry Coble
Danny Smith
Todd St.John
L•P-49689

WATER & LAND SECTION Fax [phone]
STATE OF NORTH CAROLINA
COUNTY FORSYTH
PTR, Inc ,
v
Petitioner,
NOR IJI CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL
RESOURCES, DIVISION OF WATER
QUALITY,
Respondent
Aug f 15 50 P 02
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
FILE NO 01 EHR 1378
SETTLEMENT AGREEMENT
SETTLEMENT AGREEMENT
The North Carolina Department of Environment and Natural Resources ( "DENR "),
Respondent, and Petitioner, PTR, Inc, ( "Petitioner "), 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 -2) 5 6A et "eq.
thib matter arose out of the August 22, 2000, assessment by the Division of Water Quality
( "D lVQ ") in the total atnount of ten thousand five hundr:.d, r -inety -two dollars and twenty -eight
cents ($ 10,59228), for alleged violations of 15A NCAC 2B 0211(2) and 15A NCAC 2H
0501(b)
DENR and the Petitioner have reached the following settlement agrccmcnt in this matter
The Petitioner 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 ")

WATER & LAND SECTION Fax:[phone] Aiia 7 1S:�0 F.03
to llLNR in the full and complete settlement of the case set out above. The Settlement Arnount
shall be made in a one lump sum payment upon execution of this agreement by the Petitioner.
2. The payment shall be by check made payable to the North Carolina Department
oCEnvirorunent 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 Petitioner will implement to the satisfaction of the U.S.
Army Corps of Engineers (COE) the atl'ached Monitoring and
Mitigation Plan (subject to any modification subsequently
approved by the COE which has been reviewed and approved by
the COE.)
B. Storm water management - the Petitioner 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 designed to remove 85% of the total
suspended solids (TSS) according to the rno�i: recent version of
DENR's Storm water Best Management Practices Manual,
(Manual.)
These facilities ,must be designed to tress -,lie 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
s �►1 DWQ's wetland unit as well as drainage patterns must be
maintained into e t . No changes to the structural Storm
Q water raetices sha 1 be made without written authorization from
p
DWQ. PTR may design gw-pg6�e wetland at the bottom of the
0-/V the r relocated stream as vi extended detention wetland as described in
the above manual. If the runoff from the project caimot be added to
f the above wetland, biorctention areas, consistent with the Manual

WATER & LAND SECTION Fax:[phone] Aug r 15:50 F.04
3
designs, muSK be provided to treat the runoff from the areas not
draining to the wetlands.
C. Mitchell and Associates, Inc. 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 w
vegetation (preferably trees) to a Width of at 1�e st 30 feet oixt th
active strewn bank. This streant 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 Stream miti.gauvn plan: The
proposed on -site stream mitigation plan in the ?:!:av 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: Uh2o .enr.state.nc.us/ncwedands.The modifications
are as follows:
a. Modification of the riparian (strewn 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 P.estoration Projects
(May 2001),
c_ Plans that adequately depict the footuprint of the
strewn restoration efforts, detailing the locat -wi of
riffle /pools, stream bed sinuosity, stream bed pioiIle,

DATER & LAND SECTION Fax:[phone] Poa9 15:51
4
location of root wades, Arid grade eontroi stnictures as
outlined in DENR's "Internal Technical Guide for Stream
Work in North Carolina (April 2001, Version 3.0).
d. (trading and planting of the stream restoration site
must begin by December 1, 2001 and be completed by 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. Annual monitoring 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. DWQ shall be copied on the c atio"asemeat
that will be placed on the stream restoration area for the
stream mitigation and re- opening of Leak fork Creek.
E. At least 1160 linear feet of stream restoration shall be done
on site. At least 90% of this restoration must be successfbl `.v!T'lili
five (5) years. Successful restoration is defined im :
a. A channel with positive baseflow at least 90% of the
time in a normal year or mirrors the basellow 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 Petitioner fails to meet any of the above criteria, the
Petitioner shall purchase stream mitigation credits from the N.C.
Wetlands Restoration Program by payment of no more than
$125.00 a linear foot for each matching foot of unsuccessful
restoration.
F. Modifications to Petitioner's Erosion ar,le•ii;�:ntation
Control Plan. The Petitioner shall immediately n!�iise 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.
P. 05
G'

/ r
WATER & LAND SECTION Fax 919 - 716 -6766 Aug 7, 15 51 P 06
E
G One of the remaining culverts under Leak Forl: 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
H DWQ shall issue a 401 Water Quality Certification for
Nationwide Permit 32, Completed Enforcement Action, for this
project incorporating the conditions of this agreement assuming
that the Corps of Engineers intends to permit the remaining stream
fill on the site through this Pen-nit. This Certification shall be
issued by October 1, 2001 The applicant must stibmit a written
iequest to modify the existing Individual Permit application by
September 15, 2001.
4 fhe bi each of any condition enumerated above, in paragraphs numbered one, two,
or three above by Petitioner, will tender due and payable the balance of the Civil Penalty
Assessment
5 Petitioner 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's breach of any
condition or term of this Agreement, the sole issue in any ;fiction by DENR is to collect the
Ej tire_ amount of the civil penalty assessments, i e , ten thousand five hundied, ninety -two
dollars and twenty -eight cents ($10,59228), in accordance with the terms of Paragraph three
above and the action will be limited to the Petitioners's compliance with the tams of this
Agi eement
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 teams of this Agreement

WATER & LAND SECTION~ Fax'919- 716 -6766
P
Aug _ 15 51 P 07
7 Nothing in this Agreement shall restrict any right of UENR to take any
enforcement action against the Petitioner, for any future violations
8 This Agreement shall be binding upon the parties 'end is enteied into knowingly,
intelligently, and voluntarily
This the day of , 2001
PTR, Inc DENR, Division of Water Quality
By
Kenny Home, President
Poynei & Spruill, L L.P.
1101
Timothy P Sullivan
N C State Bar No. 11105
P O Box 10096
Raleigh, NC 27605 -0096
(919) 783 -6400
FP/49650
,\1
By
Greg Thorpe, Acting Director, DWQ
Roy Cooper
Attorney Gernei a'
By
Aorta LeVeaux
Assistant Attorney General
NC State Bar No 13667
N. C. Department of Justice
Environmental Division
Post Office Box 629
Raleigh, NC 27602 -0629
(719) 716 -6600