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HomeMy WebLinkAbout990032_ENFORCEMENT_20171231Re: Caudle Subject: Re: Caudle . From: Melissa Rosebrock <Melissa.Rosebrock@ncmail.net> Date: Wed, 04 Mar 2009 10:15:00 -0500 To: "Everhart, Richard - Dobson, NC" <Richard. Everhart@nc. usda.gov> LJ CJ 0 Hey Dick, Thanks for taking a look in the field on this one. From what I gather from your email, option #1 (existing crossing) is the best option for ease of implementation and maintenance? If so, that works for me. E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. Melissa Rosebrock ' Melissa.Rosebrock@ncmai.l.net NC DENR - Division of Water Quality 585 Waughtown Street Winston-Salem, NC 27107 PHONE (336) 771-5289 FAX (336) 771-4630 On 3/4/2009 9;32 AM, Everhart, Richard - Dobson, NC wrote: i Melissa I went out with Greg and David Clay to survey for Twimann's stream crossing. We looked at 3 different options; the existing crossing(l), just downstream from the existing crossing(2) and downstream at the lower end of the pasture(3). Option 3 has the lowest bank heights but is located in a meander bend. There would be high stress on the outside of the bend, particularly in light of the stream's rock bed, which prevents it from developing a deep pool. Option 2 would take a 6 foot deep cut. With 2:1 side slopes this would require grading at least 34 feet of bank on each side. To do this we would have to remove at least 12 trees and this would increase the potential for bank erosion. The existing crossing is in a straight section of stream and has 8:1 slopes on the entry and exit ramps. While the side slopes are steep, they are stabilized by existing tree roots. My recommendation would be to clean out the existing crossing, shape and stabilize the side slopes where there are no tree roots and use cloth and gravel on the ramps. I've discussed this with David Clay and he concurred. Let me know if this will address the issue as you see it and we will provide Mr. Caudle with a design. Call if you have any questions. J. Richard Everhart District Conservationist, NRCS (336)386-8751 ext.3 "r. ca_4. t 3to ? - 11 �3 l of 1 3/4/2009 1:19 PM RECEIVED ter- y.C, r3ePi. of ENR NC DENR FDEC 18 2W7 DSWC Win stonSalerr Regional Office NORTH CAROLINA AGRICULTURE COST SHARE PROGRAM CONSERVATION PLAN OF OPERATION (CPO) NC-ACSP-11 (12/98) NAME: Twiman Caudle ADDRESS: 3101 Reece Rd. Boonville, NC 27011-8305 AGREEMENT NUMBER 99-07-13-16 BMP ITEM NO. TRACT/ FIELD NO. PLANNED TREATMENT EST, AMOUNTS (UNITS) AVERAGE COST $ COST SHARE % ESTIMATED COST SHARE AND TIME SCHEDULE BY PROGRAM YEAR (INCLUDE OTHER COST SHARED FUNDING SOURCES) PY 2007 PY PY 1 2069/ 16-27 Watering System Livestock Exclusion (non -electric) 4,800 $2.10 75% $7,560.00 Gates 6 85.00 75% $383.00 Well (75% of actual cost not to exceed $3,000.00 charge to NCACSP 1 $4,000 75% $3,000.00 Pump (75% of actual cost not to exceed $1,000.00 charge to NCACSP 1 $1,333 75% $1,000.00 Waterline 2,500 $1.75 75% $3,281.00 Watering Tanks (75% of actual cost not to exceed $600.00 charge to NCACSP 5 $800 75% $3,000.00 Stone (20X20.5)x5 77 $18.00 75% $1040.00 Geotextiles (20x2O)x5 222 $2.25 75% $375.00 Q�d $19,639.00 �. �05rqa Le % S , s a'' 19 639 = L � Technical Representative off F Date Cb5T ' sob 5 ILE • y� NC.DEPNORTH CAROLINA AGRICULTURE COST SHARE PROGRAM DSWC CONSERVATION PLAN OF OPERATION (CPO) SUMMARY NC-ACSP-11A (0$12004) NAME: Twiman Caudle AGREEMENT NUMBER TOTAL ACRES ANIMAL TYPE AND ADDRESS: 3101 Reece Road AFFECTED NUMBER Boonville, NC 27011-8305 99-07-13-16 125 Beef Cow/Calf -75 TOTAL COST TOTAL CONTRACT AMOUNT BY FUNDING TOTAL SOIL LOSS TOTAL NUTRIENT TOTAL WASTE SOURCE (Enter Funding Code) REDUCTION LOSS REDUCTION MANAGED Regular ACSP TONSIYR LBS/YR N LBS/YR P LBSIYR N LBSIYR P P205 $ $ 18,985,00 $ $ 175 'Righest level of design approval: FIELD OFFICE _X_ AREA OFFICE STATE OFFICE OTHER The Cooperator(s) has reviewed the Cost Share Agreement and CPO and agrees to apply the planned treatment according to the standards and specifications as approved by the Division of Soil and Water Conservation. Failure to carry out the un-numbered contract items (UN) does not constitute non-compliance with the contract. The Cooperator(s) agrees to maintain the striperopping system for 5 years, long term no -till for 5 years, nutrient management plan for 3 years, sod -based rotation for a minimum of months in sod, and all other practices for 10 years, except conservation tillage, which is an annual practice. . The Cooperator(s) also agrees to fully implement the Waste Management Plan (WMP) that is part of the CPO. CPO and payment are contingent on approval by NPS Section, Division of Soil and Water Conservation, NC DENR. Funding for this CPO is contingent upon final annual allocation of State funds to the District. Installation may not begin prior to receiving approval from the Division, with the exception of vegetative -only CPOs not exceeding $2500, as provided by the NC-ACSP-2 contract form, if chosen by the cooperator(s). pplicant: Landowner (if applicable): Technical Representative: Design Approval Authority: (Can be submitted separately from 11A) Date: Date: Date: Date. - District Chair: Date: Re: Info for new permittee and facility for BIMS Subject: Re: Info for new permittee and facility for BIMS From: Todd Bennett <todd. bennett@ncmail. net> Date: Fri, 09 Feb 2007 15:09:39 -0500 To: Melissa.Rosebrock@NCmail.net Look for Facility VNo5 - 99=32; Permit ;No: AWD990032-j Todd Melissa Rosebrock wrote: Thanks Todd, for setting up this owner/facility!! Here's the info. Name: Twiman Caudle County: Yadkin Mailing address: 3101 Reece Road Boonville, NC 27011 Phone: 336.367.7163 Lat/Long: 36 12 29.65N 80 41 03.23W Type of operation: Beef cattle (cow/calf operation) If that's not a choice, then use "stocker" That's all the background I have right now. I'-11 enter the-NOV stuff after you get it set up. No hurry, though. I've got plenty else to keep me busy! Melissa Melissa Rosebrock NC DENR Winston-Salem Regional Office Division of Water Quality, Aquifer Protection Section 585 Waughtown Street Winston-Salem, NC 27107 Voice: (336) 771-5289 FAX: (336) 771-4630 Todd A. Bennett Environmental Engineer Animal Feeding Operations Unit Aquifer Protection Section Division of Water Quality North Carolina Department of Environment and Natural Resources 1636 Mail Service Center Raleigh, North Carolina 27699-1636 919--715-6627 (office) 919-715-6048 (fax) todd . bonnet t @ nc TV1 i I. net I of 1 2/9/2007 3:18 PM htipJ/maps.nwpcog.org/Freeance/Client/PublicKiosk] /printFrame.html Selected Parcels Feature General Information NCPIN 580900284444 Tar Card Tax Card Acres 83.9 Owner Information Owner Name CAUDLE TWIMAN Owner Name 2 Owner Address 3101 REECE RD Owner Address City BOONVILLE State NC Zip Code 27011 Property Information Phyical Address 3101 REECE RD Deed Book 95 Deed Page 181 Deed Sale 2000 ddkin_County Map created by Yadkin County & Northwest Piedmont COG. Yadkin County Assumes no legal responsibility for the data on this map. Please check with original source to verify data. �n/ Roads r/ Contour Index (104ee1) Contour Linea (2-feet) ® rlood Zone Parcels Municipalities Aerials 2007 Feb 02 09 08:35p Tritest Clemmons 3367662314 p.2 TRITEST www.tritestincxom CERTIFICATE OF ANALYSIS February 2, 2009 PROJECT: CAUDLE- YADKIN COUNTY CLIENT NAME NC DENR DWQ WSRO CLIENT NUMBER 80132 SAMPLE NUMBER 283971-01 283971-02 283971-03 WORK ORDER # 901-01099 COLLECTED DATE 1130109 1/30/09 1/30l09 RECEIVED DATE 1130109 1/30109 1130109 . DESCRIPTION CAUDLE CAUDLE CAUDLE UPSTREAM DOWNSTREAM DOWNSTREAM OF BRIDGE TEST UNITS RESULTS RESULTS RESULTS DATE TIME FECAL COLIFORM #1100ML 110 218 320 1/30/09 1250 CERTIFICATION # NC 103 NC 37733 CERTIFIED BY: MORGAN TOWE 6701 Conference Drive, Raleigh, NC 27607 6300 Ramada Dr., Suite C2, Clemmons, NC 27012 6624 Gordon Road, Unit G, Wilmington, NC 28411 Ph: (919) 834-4984, Fax: (919) 834-6497 Ph: (336) 766.7846, Fax: (336) 766.2514 Ph: (910) 763.9793, Fax: (910) 343-9688 TRITEST 6701 Conference Dr[ :sleigh, NC 27607 ph: (919) 834.4984 ,_-, %919) $34-6497 NGWW CertIG7• NCOW Cert#37731 Chain of �..ustody Tritest w.n.# ' t . 70 Report Results To: Bill To: Company: NIL- D E Z— t ::. Address:�`l`"_l l�:l��1r11� 1. r�1 ��(� ��(•:����;7. ��l:L�('. Attn:h�_1=?- �jc if: (' ` �• �c'�'=t�;P ,� `.� Phone: - 1�.' �." 'Fax: Sampled by (signature): - ,: 1 ,t„ +' I fl�4' r Project Reference: Project Number: Purchase Order #: •.''Standard Report Delivery ❑ Rush Report Delivery (w, surcharge) �n�' ProrKM arc u40a W Fdi" NPPrwat by Ihs tabcraluly Requested Due Date: Sample Description C.d G.n Start Dale Skirt Time End Date - End Time Matrix cw'V s Analyses Requested �` 7 Tritest Sam e# a V �� 4.1 } 1 �• 1 { 1 y. l`+ �f4r �r L�:� .lrti.t �:�-` 1,1 1 l,: 1••1'�� t — i L) ta0 ,.L�i is c.c GI l -c-( f+�� c 6'�.Z C% GL, R igrishe� �signatura) lI' q'`� 1 t :il't 1��., Received by (signature} _ r 1 1 �J Recenred by (signature) Received by (signature) Data '1`, tc Date Date Time i�-'"{ Time Time Receipt Conditions (lab Use Only) ❑ ❑ Temp: 1 °C a+2 C _ Res. Chlorine ❑ Absent ❑ Present ❑ n!a Acid preserv. a2? ❑ Yes ❑ No ❑ n!a Base preserv.>12? ❑ Yes ❑ No ❑ nla Retnquishcd by (signature) 1leknq+rished by (signature) West side of Abraham Road Bridge. Note severe stream bank erosion and solids in stream due to excessive cattle traffic. East side of Abraham Road bridge. View is looking upstream. Note solids in stream due to erosion caused by excessive cattle traffic. 12/13/07 photo. West side of Abraham Road bridge. Erosion and excessive cattle traffic persists. Evidence of sediment and manure in stream. photo. East side of bridge. Note algae. 12/13/07 photo. East side of bridge looking . upstream. Flow is from top to bottom of photo. AN 12/13/07 photo. Upstream (east side) of Abraham Road bridge. Evidence of excessive algae in North Deep Creek (Class C waters of the State). 2/13/07 photo. Evidence of foam in strewn. 12/13/07 photo. Cattle upstream of bridge. 01/02/08 photo. East side of Abraham Road bridge. 01/07/08 photo. Severely eroded stream bank approx. 1000 feet downstream (west) of Abraham Road. Note denuded and eroded stream banks. 01/02/08 photo. Cattle in North Deep Creek. Note end of fence. Cattle have access to approximately 1000 feet of stream from this point on downstream. 01/07/08 photo. Cattle access located approx. 250 feet downstream (west) of Abraham Road. Photo taken 01/07/08. Note eroded stream bank. Photo taken 01/07/08. Cattle access for crossing through North Deep Creek (Class C waters of the State) under Abraham Road bridge. Stream flow is from right to left. Note severe north side stream bank erosion and sediment and/or waste in stream. Odor of waste was also detected in this area. Cattle passing under Abraham Road bridge. Stream flow is from left to right. Note denuded stream bank and sediment in stream M View under Abraham Road bridge. North Deep Creek flow is from top of photo to bottom. Note sediment and/or waste in creek. Cattle passage is to the left of the wire fencing. a \ R lot i �y Al q� 17' pwtw i. Y r ti w �;= t'� .�:- - �x-` �y�+�'' � `�i;' y�"Rq'- �,'��_A�1`► �sp'�. •'^SLJna T®� 7 !, : 4 "k'* aY~ "hMfY • AM- 4 oo'. -•- � �'Aw7�. ' • t "SLR RI"i �,. 1 } A$_k Foam in North Deep Creek, downstream of bridge. Class C waters of the State. Site for 20-30 foot wide crossing constructed to NRCS guidelines. End of electric fence down stream. Approximately 270 feet of cattle access. Note severe stream bank erosion due to excessive cattle traffic. View of denuded and washed out area in cattle pasture on north side of North Deep Creek. Close-up of cattle crossing located approximately 1000 feet downstream of the Abraham Road bridge. Cattle have access to approximately 270 feet of Deep Creek from this point downstream. Again, note severe stream bank erosion and denuded slope due to excessive cattle traffic. Flow is from left to right. Hot wire fencing ends here. Cattle have access to approximately 270 feet of North Deep I''WnAb T""s +hva r ";"+ Tile— So iort to *4"h4 Cattle access located approximately 1000 feet downstream of Abraham Road bridge. Note severe stream bank erosion and denuded pasture on both sides of North Deep Creek. Additional electric wire fencing proposed to help control run—off of sediment and/or waste into North Deep Creek due to excessive cattle traffic. Need to re-establish stream bank and vegetation within this area. Stream flow is from left to right. y. NATURAL RESOURCES CONSERVATION SERVICE CONSERVATION PRACTICE SPECIFICATION STREAM CROSSING (FORD CROSSINGS) (No.) CODE 578 CLEARING All trees and brush shall be removed from the area before excavation starts The foundation shall be cleared of all stumps, roots, brush, sod, and other debris. All waste materials shall be disposed of in a sightly and workmanlike manner in designated areas out of the natural floodway. FOUNDATION EXCAVATION, All material shall be removed from the foundation of the stream crossing to the depths, widths, and lengths required by the design. Excavation may be limited to one side of the stream at a time in order to facilitate diversion of the stream. It may be advantageous to divert the stream flows around the site using a pipe or ditch or to temporarily impound the stream during construction. Trenches shall be excavated along the upper ends of entrance and exit ramps and on both the upstream and downstream sides of the stream crossing for geotextile installation. GEOTEXTILES A geotextile (fabric filter cloth) shall be installed under the entire crossing as well as in the toe trenches. In the S578 - 1 upstream toe trenches, the geotextile shall be back lapped over its own trench. The geotextile shall be a non -woven needle -punched material with a minimum tensile strength of 120 lbs. (minimum average roll value). The geotextile shall be placed on a grade parallel to the natural streambed prior to construction. The geotextile shall be toed into the trenches and the trenches backfilled with course stable soil or crushed stone. Longitudinal ends of the geotextile shall be lapped back over the top of the backfill toe trench a minimum of one foot beyond the edge of the trench and anchored to the fabric using anchoring pins placed on five foot centers. When more that one width of geotextile is required, the downstream panel shall be installed first. The next upstream panel shall be installed with a minimum of 18 inches overlap over the first section. Anchoring pins shall be installed on three foot centers six inches from the downstream edge of the lap. Pins shall penetrate both sections of geotextile in the lap. See Form NC- ENG-45 for typical example. Tears should be repaired immediately by removing all surface material and soil from the tear for minimum distance NRCS, NC September 2004 S578 - 4 of 18 inches in all directions of the tear Spread a new section of geotextile material over the cleared area and anchor with anchoring pins around all sides. ANCHORING PINS Anchoring pins shall be fabricated using No. 3 reinforcing steel or material of equivalent or greater size and durability and shaped as shown on Form NC-ENG-45. All pins shall be installed with the top width lying perpendicular (at right angles) to the direction of flow in the stream. Pins shall be driven vertically into undisturbed soil to provide maximum resistance to removal. Anchoring pins shall be installed through all overlapped fabric and across the width of the channel bottom on approximately three foot centers. The minimum number of anchoring pins to be used shall be as shown in Table 1. Table 1 Minimum Number of Anchoring Pins Required Number of Fabric StTripS Factor Times Total Across Channel Length of Crossing 1 0.85 2 1.30 Example: Stream crossing 80 feet in total length using two adjacent strips of fabric for a crossing width of 20 feet. Minimum number of pins is 1.3 times 80 feet for a total of 104 pins. Specify 110 anchoring pins. Care should be taken not to rip the fabric while installing pins. Pins should NRCS, NC September 2004 be sharpened to permit easy penetration through fabric through a small opening. Fabric will fit tightly around anchoring pins with sharpened ends. If a pin must be removed for any reason, plug the opening created by the pin with a wadded ball of geotextile. Light weight wire staples such as used to anchor mulch netting may be used to.hold the geotextile in place temporarily while construction is in progress, Such staples are not adequate to provide. permanent anchoring of the geotextile. SURFACING MATERIAL Acceptable material consisting of coarse sands and/or gravel, if present in the foundation excavation, may be stockpiled for later use in the toe trenches or on the roadway. Large washed stone or creek gravel may be used to prepare a foundation for the geotextile in unstable soils. Coarse stone may be used as a subgrade filler between the geotextile and the surfacing material. The surface of the crossing shall consist of a layer, a minimum of 8 inches thick, of course aggregate meeting the approximate gradation requirements of the North Carolina DOT for ABC course aggregate. Washed stone or gravel shall be used in streams designated as North Carolina Designated Public Mountain Trout Waters and their upper tributaries. Surfacing material will be spread such that a minimum of six inches of cover exists on the geotextile before tracked equipment is operated over it. Failure to cover the cloth with an adequate layer of stone at sites with fine sand or non -plastic silts and clays may result in the creation of "mud bubbles" in the geotextile. FINISH GRADES AND SLOPES Crossings shall be no less than 10 feet and no more than 20 feet wide in upstream direction between the fence posts. Surface runoff shall be diverted around the entrance and exit slopes to prevent erosion of the surfacing materials. Runoff shall be diverted either upstream or downstream to a point from which it cannot flow back toward the entrance or exit ramp. The finished surfacing should be on the same grade as the natural streambed above and below the site. Failure to match the natural streambed grade may result in erosion of the surfacing materials or undesirable siltation in the crossing area. FENCING Fence posts along each side of the crossing shall be installed inside the area covered with geotextile and stone When stream crossings are in pasture fields, a gate will be installed at the entrance of the crossing to prevent continuous livestock access to the stream. Fence posts with sharpened ends shall be driven through the geotextile in the center of the trenches. The wire should be placed on the downstream side of the posts on each fence line. Strands of wire should not be continuous across the crossing, but shall be cut above the normal high water line and secured lightly to the posts so that a buildup of trash will pull the wire away from the post, allowing the trash to move downstream. S578 - 3 JOB ORGANIZATION All materials should be available and ready at the site to allow completion of the crossing in one working day. Materials such as the geotextile, anchoring pins, staples, pointed fence posts and surfacing stone should be at the site before commencing construction. Proper equipment should be at the site and ready for an early morning start. CONSTRUCTION EQUIPMENT Landowners and contractors should be advised of the use of proper equipment. Improper equipment will result in inability to properly construct the crossing and excessive cost of construction. Experience has proved that certain types of construction equipment are more suitable for installation of stream crossing than others. Where crossings are on small watercourses with stable subsoils, equipment choice may not be critical. Where non -plastic silts and clays or unstable fine sands are anticipated in the subgrade material, the following observations should be noted: Tracked equipment is superior to rubber tired equipment. Crawler tractors with angle dozer or bulldozer blades and fixed bucket front end loaders should be avoided. Smaller, lighter dump trucks to deliver surfacing material will cause less damage to approaches than large trucks. Track mounted hydraulic excavators with reaches -of 25 feet NRCS, NC September 2004 S578 - 4 or more provide the best and fastest installation. A tracked front end loader with a 4 in 1 clamshell type bucket and a large rubber tired backhoe provide the best installation if a hydraulic excavator is not available. A farm tractor with a scraper blade is very useful. • A gasoline powered pump and hose should be available for pumping excess water from trenches. NRCS, NC September 2004 NATURAL RESOURCES CONSERVATION SERVICE CONSERVATION PRACTICE SPECIFICATION STREAM CROSSING (FORD CROSSINGS) (No.) CODE 578 CLEARING All trees and brush shall be removed from the area before excavation starts. The foundation shall be cleared of all stumps, roots, brush, sod, and other debris. All waste materials shall be disposed of in a sightly and workmanlike manner in designated areas out of the natural floodway. FOUNDATION EXCAVATION All material shall be removed from the foundation of the stream crossing to the depths, widths, and lengths required by the design. Excavation may be limited to one side of the stream at a time in order to facilitate diversion of the stream. It may be advantageous to divert the stream flows around the site using a pipe or ditch or to temporarily impound the stream during construction. Trenches shall be excavated along the upper ends of entrance and exit ramps and on both the upstream and downstream sides of the stream crossing for geotextile installation. A geotextile (fabric filter cloth) shall be installed under the entire crossing as well as in the toe trenches. In the S578 - 1 upstream toe trenches, the geotextile shall be back lapped over its own trench. The geotextile shall be a non -woven needle -punched material with a minimum tensile strength of 120 lbs. (minimum average roll value). The geotextile shall be placed on a grade parallel to the natural streambed prior to construction. The geotextile shall be toed into the trenches and the trenches backfilled with course stable soil or crushed stone. Longitudinal ends of the geotextile shall be lapped back over the top of the backfill toe trench a ° minimum of one foot beyond the edge of the trench and anchored to the fabric using anchoring pins placed on five foot centers. When more that one width of geotextile is required, the downstream panel shall be installed first. The next upstream panel shall be installed with a minimum of 18 inches overlap over the first section. Anchoring pins shall be installed on three foot centers six inches from the downstream edge of the lap. Pins shall penetrate both sections of geotextile in the lap. See Form NC- ENG-45 for typical example. Tears should be repaired immediately by removing all surface material and soil from the tear for minimum distance NRCS, NC September 2004 S678 - 4 of 18 inches in all directions of the tear Spread a new section of geotextile material over.the cleared area and anchor with anchoring pins around all sides: ANCHORING PINS Anchoring pins shall be fabricated using No. 3 reinforcing steel or material of equivalent or greater size and durability and shaped as shown on Form NC-ENG-45. All pins shall be installed with the top width lying perpendicular (at fight angles) to the direction of flow in the stream. Pins shall be driven vertically into undisturbed soil to provide maximum resistance to removal. Anchoring pins shall be installed through all overlapped fabric and across the width of the channel bottom on approximately three foot centers. The minimum number of anchoring pins to be used shall be as showri in Table 1. Table 1. Minimum Number of Anchoring Pins Re wired Number of Fabric Strips Factor Times Total Across Channel Length of Crossing 1 0.85 2 1.30 Example: Stream crossing 80 feet in total length using two adjacent strips of fabric for a crossing width of 20 feet. Minimum number of pins is 1.3 times 80 feet for a total of 104 pins. Specify 110 anchoring pins. Care should be taken not to rip the fabric while installing pins. Pins should NRCS, NC September 2004 be sharpened to permit easy penetration through fabric through a small opening. Fabric will fit tightly around anchoring pins with sharpened ends. If a pin must be removed for any reason, plug the opening created by the pin with a wadded ball of geotextile. Light weight wire staples such as used to anchor mulch netting may be used to hold the geotextile in place temporarily while construction is in progress. Such staples are not adequate to provide permanent anchoring of the geotextile. SURFACING MATERIAL Acceptable material consisting of coarse sands and/or gravel, if present in the foundation excavation, may be stockpiled for later use in the toe trenches or on the roadway. Large washed stone or creek gravel may be . used to prepare a foundation for the geotextile in unstable soils. Coarse stone may be used as a subgrade filler between the geotextile and the surfacing material. The surface of the crossing shall consist of a layer, a minimum of 8 inches thick, of course aggregate meeting the approximate gradation requirements of the North Carolina DOT for ABC course aggregate. Washed stone or gravel shall be used in streams designated as North Carolina Designated Public Mountain Trout Waters and their upper tributaries. Surfacing material will be spread such that a minimum of six inches of cover exists on the geotextile before tracked equipment is operated over it. Failure to cover the cloth with an adequate layer of stone at sites with fine sand or non -plastic silts and clays may result in the creation of "mud bubbles" in the geotextile. FINISH GRADES AND SLOPES Crossings shall be no less than 10 feet and no more than 20 feet wide in upstream direction between the fence posts. Surface runoff shall be diverted around the entrance and exit slopes to prevent erosion of the surfacing materials. Runoff shall be diverted either upstream or downstream to a point from which it cannot flow back toward the entrance, or exit ramp. The finished surfacing should be on the same grade as the natural streambed above and below the site. Failure to match the natural streambed grade may result in erosion of the surfacing materials or undesirable siltation in the crossing area. FENCING Fence posts along each side of the crossing shall be installed inside the area covered with geotextile and stone. When stream crossings are in pasture fields, a gate will be installed at the entrance of the crossing to prevent continuous livestock access to the stream. Fence posts with sharpened ends shall be driven through the geotextile in the center of the trenches. The wire should be placed on the downstream side of the posts on each fence line. Strands of wire should not be continuous across the crossing, but shall be cut above the normal high water line and secured lightly to the posts so that a buildup of trash will pull the wire away from the post, allowing the trash to move downstream. S578 - 3 JOB ORGANIZATION All materials should be available and ready at the site to allow completion of the crossing in one working day. Materials such as the geotextile, anchoring pins, staples, pointed fence posts and surfacing stone should be at the site before commencing construction. Proper equipment should be at the site and ready for an early morning start. CONSTRUCTION EQUIPMENT Landowners and contractors should be advised of the use of proper equipment. Improper equipment will result in inability to properly construct the crossing and excessive cost of construction. Experience has proved that certain types of construction equipment are more suitable for installation of stream crossing than others. Where crossings are on small watercourses with stable subsoils, equipment choice may not be critical. Where non -plastic silts and clays or unstable fine sands are anticipated in the subgrade material, the following observations should be noted; Tracked equipment is superior to rubber tired equipment. • Crawler tractors with angle dozer or bulldozer blades and fixed bucket front end loaders should be avoided. Smaller, lighter dump trucks to deliver surfacing material will cause less damage to approaches than large trucks. Track mounted hydraulic excavators with reaches.of 25 feet NRCS, NC September 2004 I S578 - 4 or more provide the best and fastest installation. A tracked front end loader with a 4 in 1 clamshell type bucket and a large rubber tired backhoe provide the best installation if a hydraulic excavator is not available. A farm tractor with a scraper blade is- very useful. A gasoline powered pump and hose should be available for pumping excess water from trenches. NRCS, NC September 2004 NATURAL. RESOURCES CONSERVATION SERVICE CONSERVATION PRACTICE SPECIFICATION STREAM CROSSING (FORD CROSSINGS) (No.) CODE 578 CLEARING Ali trees and brush shall be removed from the area before excavation starts The foundation shall be cleared of all stumps, roots, brush, sod, and other debris. All waste materials shall be disposed of in a sightly and workmanlike manner in designated areas out of the natural floodway. FOUNDATION EXCAVATION All material shall be removed from the foundation of the stream crossing to the depths, widths, and lengths required by the design. Excavation may be limited to one side of the stream at a time in order to facilitate diversion of the stream. It may be advantageous to divert the stream flows around the site using a pipe or ditch or to temporarily impound the stream during construction. Trenches shall be excavated along the upper ends of entrance and exit ramps and on both the upstream and downstream sides of the stream crossing for geotextile installation. GEOTEXTILES A geotextile (fabric filter cloth) shall be installed under the entire crossing as well as in the toe trenches. In the S578 - 1 upstream toe trenches, the geotextile shall be back lapped over its own trench. The geotextile shall be a non -woven needle -punched material with a minimum tensile strength of 120 lbs. (minimum average roll value). The geotextile shall be placed on a grade parallel to the natural streambed prior to construction. The geotextile shall be toed into the trenches and the trenches backfilled with course stable soil or crushed stone. Longitudinal ends of the geotextile shall be lapped back over the top of the backfill toe trench a minimum of one foot beyond the edge of the trench and anchored to the fabric using anchoring pins placed on five foot centers. When more that one width of geotextile is required, the downstream panel shall be installed first. The next upstream panel shall be installed with a minimum of 18 inches overlap over the first section. Anchoring pins shall be installed on three foot centers six inches from the downstream edge of the lap. Pins shall penetrate both sections of geotextile in the lap. See Form NC- ENG-45 for typical example. Tears should be repaired immediately by removing all surface material and soil from the tear for minimum distance N RCS, NC September 2004. 5578 - 4 of 18 inches in all directions of the tear Spread anew section of geotextile material over the cleared area and anchor with anchoring pins around all sides. ANCHORING PINS Anchoring pins shall be fabricated using No. 3 reinforcing steel or material of equivalent or greater size and durability and shaped as shown on Form NC-ENG-45. All pins shall be installed with the top width lying perpendicular (at right angles) to the direction of flow in the stream. Pins shall be driven vertically into undisturbed soil to provide maximum resistance to removal. Anchoring pins shall be installed through all overlapped fabric and across the width of the channel bottom on approximately three foot centers. The minimum number of anchoring pins to be used shall be as shown in Table 1. Table 1. ` Minimum Number of An&oring Pins Required Number of Fabric St� rios Factor Times Total Across Channel Length of Crossing 1 0.85 2 1.30 Example: I Stream crossing 80 feet in total length using two adjacent strips of fabric for a crossing width of 20 feet. Minimum number of pins is 1.3 times 80 feet for a total of 104 pins. Specify 110 anchoring pins. Care should be taken not to rip the fabric while installing pins. Pins should NRCS, NC September 2004 be sharpened to permit easy penetration through fabric through a small opening. Fabric will fit tightly around anchoring pins with sharpened ends. if a pin must be removed for any reason, plug the opening created by the pin with a wadded ball of geotextile. Light weight wire staples such as used to anchor mulch netting may be used to hold the geotextile in place temporarily while construction is in progress. Such staples are not adequate to provide permanent anchoring of the geotextile. SURFACING MATERIAL_ Acceptable material consisting of coarse sands and/or gravel, if present in the foundation excavation, may be stockpiled for later use in the toe trenches or on the roadway. Large washed stone or creek gravel may be used to prepare a foundation for the geotextile in unstable soils. Coarse stone may be used as a subgrade filler between the geotextile and the surfacing material. The surface of the crossing shall consist of a layer, a minimum of 8 inches thick, of course aggregate meeting the approximate gradation requirements of the North Carolina DOT for ABC course aggregate. Washed stone or gravel shall be used in streams designated as North Carolina Designated Public Mountain Trout Waters and their upper tributaries. Surfacing material will be spread such that a minimum of six inches of cover exists on the geotextile before tracked equipment is operated over it. Failure to cover the cloth with an adequate layer of stone at sites with fine sand or non -plastic silts and clays may result in the creation of "mud bubbles" in the geotextile. FINISH GRADES AND SLOPES Crossings shall be no less than 10 feet and no more than 20 feet wide in upstream direction between the fence posts. Surface runoff shall be diverted around the entrance and exit slopes to prevent erosion of the surfacing materials. Runoff shall be diverted either upstream or downstream to a point from which it cannot flow back toward the entrance or exit ramp. The finished surfacing should be on the same grade as the natural streambed above and below the site. Failure to match the natural streambed grade may result in erosion of the surfacing materials or undesirable siltation in the crossing area. FENCING Fence posts along each side of the crossing shall be installed inside the area covered with geotextile and stone. When stream crossings are in pasture fields, a gate will be installed at the entrance of the'crossing to prevent continuous livestock access to the stream. Fence posts with sharpened ends shall be driven through the geotextile in the center of the trenches. The wire should be placed on the downstream side of the posts on each fence line. Strands of wire should not be continuous across the crossing, but shall be cut above the normal high water line and secured lightly to the posts so that a buildup of trash will pull the wire away from the post, allowing the trash to move downstream. S578 - 3 JOB ORGANIZATION All materials should be available and ready at the site to allow completion of the crossing in one working day. Materials such as the geotextile, anchoring pins, staples, pointed fence posts and surfacing stone should be at the site before commencing construction. Proper equipment should be at the site and ready for an early morning start. CONSTRUCTION EQUIPMENT Landowners and contractors should be advised of the use of proper equipment. Improper equipment will result in inability to properly construct the crossing and excessive cost of construction. Experience has proved that certain types of construction equipment are more suitable for installation of stream crossing than others. Where crossings are on small watercourses with stable subsoils, equipment choice may not be critical. Where non -plastic silts and clays or unstable fine sands are anticipated in the subgrade material, the following observations should be noted: Tracked equipment is superior to rubber tired equipment. • Crawler tractors with angle dozer or bulldozer blades and fixed bucket front end loaders should be avoided. • Smaller, lighter dump trucks to , deliver surfacing material will cause less damage to approaches than large trucks. • Track mounted hydraulic excavators with reaches.of 25 feet NRCS, NC September 2004 5578 - 4 or more provide the best and fastest installation. A tracked front end loader with a 4 in 1 clamshell type bucket and a large rubber tired backhoe provide the best installation if a hydraulic excavator is not available. A farm tractor with a scraper blade is very useful. A gasoline powered pump and hose should be available for pumping excess water from trenches. NRCS, NC September 2004 NATURAL_ RESOURCES CONSERVATION SERVICE CONSERVATION PRACTICE STANDARD STREAM CROSSING (No.) CODE 578 DEFINITION A stabilized area or structure constructed across a stream to provide a travel way for people, livestock, equipment, or vehicles. PURPOSE ■ Improve water quality by reducing sediment, nutrient, organic, and inorganic loading of the stream. ■ Reduce streambank and streambed erosion. • -Provide crossing for access to another land unit. CONDITIONS WHERE PRACTICE APPLIES This practice applies to all land uses where an intermittent or perennial watercourse exists and a ford, bridge, or culvert type crossing is desired for livestock, people, and for equipment. CRITERIA Location. Stream crossings shall be located in areas where the streambed is stable, where grade control can be provided to create a stable condition, or upstream of where a natural barrier such as a rock seam or large boulder exists. Avoid sites where channel grade or alignment changes abruptly, excessive seepage or instability is evident, overfalls exist, or large tributaries enter the stream. Wetland areas shall be avoided to the maximum extent possible. Cuts and fills in wetlands and the waters of the United States 578-1 will require permits. Consult the Army Corps of Engineers and the North Carolina State Division of Water Quality and Department of Environment and Natural Resources for permit requirements. Locate crossings, where possible, out of shady riparian areas to discourage cattle loafing time in the stream. Stream crossings shall provide a way for normal passage of water, fish and other aquatic animals within the channel during all seasons of the year Crossings shall be installed perpendicular to the direction of the flow of the stream. Skews - shall be avoided on all but the smallest streams. Stream crossings shall not be installed in a newly located or constructed channel. Access Roads. Where high rates of erosion of the adjacent roadways that slope towards the crossing threaten to deliver an excessive amount of sediment to the drainage, install measures to minimize erosion of the roadside ditch, road surface, and/or cut slopes. Where the stream crossing is installed as part of a roadway, the crossing shall be in accordance with NRCS Conservation Practice Standard, 560, Access Road. Width. The stream crossing shall provide an adequate travel -way width for the intended use. A multi -use stream crossing shall have a travel -way no less than 10 feet wide. Width shall be measured from the upstream end to the downstream end of the stream crossing and shall not include the side slopes. Crossings shall be no more than 20 feet wide. Side Slopes. All cuts and falls for the stream crossing shall have side slopes that are stable Conservation practice standards are reviewed periodicalty, and updated if needed. To obtain the current version of [his standard, contact the Natural Resources Conservation 5erv$ce, NRCS, NC September 2004 578 - 2 for the soil involved. Side slopes of earth cuts or fills shall be no steeper than 2 horizontal to 1 vertical. Rock cuts or fills shall be no steeper than 1.5 horizontal to 1 vertical. Stream Approaches. Approaches to the stream crossing shall blend with existing site conditions where possible, and shall not be steeper than 5 horizontal to 1 vertical. Unless the foundation geology is otherwise acceptable, the approaches shall be stable, have a gradual ascent or descent grade, and be underlain with suitable material, as necessary, to withstand repeated and long term use. The minimum width of the approaches shall be equal to the width of the crossing surface. Minimum length of the approaches shall be 20 feet. Surface runoff shall be diverted around the approaches to prevent erosion of the approaches. Roadside ditches shall be directed into a diversion or away from the crossing surface. Rock. All rock shall be chosen to withstand exposure to air, water, freezing and thawing. When rock is used, it shall be sufficiently large and dense so that it is not mobilized by design flood flows. Fencing. Areas adjacent to the stream crossing shall be permanently fenced or otherwise excluded, as needed, to manage livestock access to the crossing. When stream crossings are in pasture fleids, a gate will be installed at the entrance of the crossing to prevent continuous livestock access to the stream, as needed. Cross -stream fencing at fords shall be accomplished with breakaway wire, swinging floodgates, hanging electrified chain or other devices to allow the passage of floodwater debris during high flows. All fencing shall be designed and constructed in accordance with NRCS Conservation Practice Standard 382, Fence. Vegetation. All areas to be vegetated shall be planted as soon as practical after construction. Use NRCS Conservation Practice Standard 342, Critical Area Planting, as appropriate, to establish vegetation. NRCS, INC September 2004 Criteria for Culvert and Bridge Crossings Design of culverts and bridges shall be consistent with sound engineering principles and shall be adequate for the use, type of road, or class of vehicle. Culverts and bridges shall have sufficient capacity to convey the design flow without appreciably altering the stream flow characteristics. Culverts shall be sized to handle at least the bankfull flow or the peak runoff from the 2- year, 24-hour peak discharge, whichever is less. Crossings shall be adequately protected so that out -of -bank flows safely bypass without structure or streambank damage, or erosion of the crossing fill. Additional culverts may be used at various elevations to maintain terrace or floodplain hydraulics. The length of the culvert shall be adequate to extend the full width of the crossing, including side slopes. At least one cuivert pipe shall be placed on or below grade with the existing stream bottom. Acceptable culvert materials include concrete, corrugated metal, corrugated plastic, new or used high quality steel and other materials approved by the engineer. Acceptable bridge materials include concrete, steel, and wood. Criteria for Ford Crossings When ford crossings are used, the cross- sectionai area of the crossing shall not be less than the natural channel cross -sectional area. A portion of the crossing shall be depressed at or below the average stream bottom elevation when needed to keep base flows or low flows concentrated. Cutoff walls shall be provided at the upstream and downstream edges of ford -type stream crossings when needed to protect against undercutting. The finished top surface of the ford type stream crossing in the bottom of the watercourse shall be no higher than the original stream bottom at the upstream edge of the ford crossing. if the downstream edge of the ford crossing is above the original stream bottom, the ford crossing shall be stabilized in accordance with NRCS Conservation Practice Standard 584, Stream Channel Stabilization. Where rock is used for ford type stream crossings for livestock, use a hoof contact zone or alternative surfacing method over the surfacing rock. Concrete Fords Concrete ford crossings shall be used only where the foundation of the stream crossing is determined to have adequate bearing strength. Concrete shall have a minimum compressive strength of 3,000 psi at 28 days. Concrete ford crossings shall have a minimum thickness of placed concrete of 5 inches with minimum reinforcement of 6-inch by 6-inch, 6 gauge welded wire fabric. The concrete slab shall be poured on a minimum 4-inch thick rock base, unless the foundation is otherwise acceptable. Precast concrete panels may be used in lieu of cast -in -place concrete slabs. Precast concrete units shall comply with ACI 525 or 533. or as otherwise acceptable for local conditions. When heavy equipment loads are anticipated, the concrete slab shall be designed using an appropriate procedure as described in American Concrete Institute, ACI 360, Design of Slabs on Grade. Geocell and/or Rock Ford Crossings Rock ford crossings with geotextile shall be used when the site has a soft or unstable subgrade. Ford crossings made of stabilizing material such as rock riprap are often used in steep areas subject to flash flooding, where normal flow is shallow or intermittent. The bed of the channel shall be excavated to the necessary depth and width, below potential scout lines, and covered with geotextile material. The geotextile material shall be installed on the excavated surface of the ford and shall extend across the bottom of the stream and at least up to the 10-year, 24-hour peak discharge elevation. Where stream channels are composed of stable coarse rock material or solid bedrock, the requirement to extend the geotextile across the channel bottom may be waived upon written approval of the area engineer. Cutoff trenches shall be installed along the upper ends of entrance and exit ramps and on both the upstream and downstream sides of the stream crossing. The downstream trench 578-3 may be omitted on crossings with drainage areas less than 300 acres. The geotextile material shall be covered with at least 8 inches of coarse aggregate meeting the approximate gradation requirements of NCDOT for ABC coarse aggregate. Washed stone or gravel shall be used in streams designated as NC Designated Public Mountain Trout Waters and their upper tributaries. If using geocells, the cells shall be at least 6 inches deep. All geosynthetic material shall be suitably durable and shall be installed in accordance with the manufacturer's recommendations, including the use of staples, clips and anchor pins. At minimum, all rock ford stream crossings shall be designed to remain stable during the 10-year, 24-hour peak discharge. ' CONSIDERATIONS Avoid or minimize stream crossings, when possible, through evaluation of alternative trail or travel -way locations. Ford crossings have the least detrimental impact on water quality when crossing is infrequent. Ford crossings are adapted for crossing wide, shallow watercourses with firm streambeds. Stream crossings should be located where adverse environmental impacts will be minimized and considering the following: • Effects on up -stream and down -stream flow conditions that could result in increases in erosion, deposition, or flooding. • Short term and construction -related effects on water quality. • Effects on fish passage and wildlife habitats. • Effects on cultural resources. • Overall effect on erosion and sedimentation that will be caused by the installation of the crossing and any necessary stream diversion. Where stream crossings are used, evaluate the need for safety measures such as NRCS, NC September 2004 578 - 4 guardrails at culvert or bridge crossing, or water depth signage at ford crossings. PLANS AND SPECIFICATIONS Plans and specifications for stream crossings shall be in keeping with this standard and shall describe the requirements for applying the practice to achieve its intended purpose. OPERATION AND MAINTENANCE An operation and maintenance plan shall be developed and implemented for the life of the practice. All stream crossings, appurtenances, and associated fences shall be inspected at least annually and after each major storm event with repairs made as needed. NRCS, NC September 2004 �j Y NATURAL RESOURCES CONSERVATION SERVICE CONSERVATION PRACTICE STANDARD STREAM CROSSING (No.) CODE 578 DEFINITION A stabilized area or structure constructed across a stream to provide a travel way for people, livestock, equipment, or vehicles. PURPOSE ■ Improve water quality by reducing sediment, nutrient, organic, and inorganic loading of the stream. ■ Reduce streambank and streambed erosion. ■ Provide crossing for access to another land unit. CONDITIONS WHERE PRACTICE APPLIES This practice applies to all land uses where an intermittent or perennial watercourse exists and a ford, bridge, or culvert type crossing is desired for livestock, people, and for equipment. CRITERIA Location. Stream crossings shall be located in areas where the streambed is stable, where grade control can be provided to create a stable condition, or upstream of where a natural barrier such as a rock seam or large boulder exists. Avoid sites where channel grade or alignment changes abruptly, excessive seeppge or instability is evident, overfalls exist, or large tributaries enter the stream. Wetland areas shall be avoided to the maximum extent possible. Cuts and fills in wetlands and the waters of the United States 578 - 1 will require permits. Consult the Army Corps of Engineers and the North Carolina State Division of Water Quality and Department of Environment and Natural Resources for permit requirements. Locate crossings, where possible, out of shady riparian areas to discourage cattle loafing time in the stream. Stream crossings shall provide a way for normal passage of water, fish and other aquatic animals within the channel during all seasons of the year, Crossings shall be installed perpendicular to the direction of the flow of the stream. Skews shall be avoided on all but the smallest streams. Stream crossings shall not be installed in a newly located or constructed channel. Access Roads. Where high rates of erosion of the adjacent roadways that slope towards the crossing threaten to deliver an excessive amount of sediment to the drainage, install measures to minimize erosion of the roadside ditch, road surface, and/or cut slopes. Where the stream crossing is installed as part of a roadway, the crossing shall be in accordance with NRCS Conservation Practice Standard, 560, Access Road. Width. The stream crossing shall provide an adequate travel -way width for the intended use. A multi -use stream crossing shall have a travel -way no less than 10 feet wide. Width shall be measured from the upstream end to the downstream end of the stream crossing and shall not include the side slopes. Crossings shall be no more than 20 feet wide. Side Slopes. All cuts and fills for the stream crossing shall have side slopes that are stable Conservation practice standards are reviewed periodically, and updated if needed. To obtain the current version of This standard, contact the Natural Resources Conservation Service. NRCS, NC September 2004 a r 578 - 2 for the soil involved. Side slopes of earth cuts or fills shall be no steeper than 2 horizontal to 9 vertical. Rock cuts or fills shall be no steeper than 1.5 horizontal to 1 vertical. Stream Approaches. Approaches to the stream crossing shall blend with existing site conditions where possible, and shall not be steeper than 5 horizontal to 1 vertical. Unless the foundation geology is otherwise acceptable, the approaches shall be stable, have a gradual ascent or descent grade, and be underlain with suitable material, as necessary, to withstand repeated and long term use. The minimum width of the approaches shall be equal to the width of the crossing surface. Minimum length of the approaches shall be 20 feet. Criteria for Culvert and Bridae Crossinas Design of culverts and bridges shall be consistent with sound engineering principles and shall be adequate for the use, type of road, or class of vehicle. Culverts and bridges shall have sufficient capacity to convey the design flow without appreciably altering the stream flow characteristics. Culverts shall be sized to handle at least the bankfull flow or the peak runoff from the 2- year, 24-hour peak discharge, whichever is less. Crossings shall be adequately protected so that out -of -bank flows safety bypass without structure or streambank damage, or erosion of the crossing fill. Additional culverts may be used at various elevations to maintain terrace or floodplain hydraulics. Surface runoff shall be diverted around the The length of the culvert shall be adequate to approaches to prevent erosion of the extend the full width of the crossing, including approaches. Roadside ditches shall be directed into a diversion or away From the side slopes. At least one culvert pipe shall be crossing surface. � placed on or below grade with the existing stream bottom. Rock. All rock shall be chosen to withstand exposure to air, water, freezing and thawing. When rock is used, it shall be sufficiently large and dense so that it is not mobilized by design flood flows. Fencing. Areas adjacent to the stream crossing shall be permanently fenced or otherwise excluded, as needed, to manage livestock access to the crossing. When stream crossings are in pasture fields, a gate will be installed at the entrance of the crossing to prevent continuous livestock access to the stream, as needed. Cross -stream fencing at fords shall be accomplished with breakaway wire, swinging floodgates, hanging electrified chain or other devices to allow the passage of floodwater debris during high flows. All fencing shall be designed and constructed in accordance with NRCS Conservation Practice Standard 382, Fence. Vegetation. All areas to be vegetated shall be planted as soon as practical after construction. Use NRCS Conservation Practice Standard 342, Critical Area Planting, as appropriate, to establish vegetation. NRCS, NC September 2004 Acceptable culvert materials include concrete, corrugated metal, corrugated plastic, new or used high quality steel and other materials approved by the engineer. Acceptable bridge materials include concrete, steel, and wood. Criteria for Ford Crossings When ford crossings are used, the cross - sectional area of the crossing shall not be less than the natural channel cross -sectional area. A portion of the crossing shall be depressed at or below the average stream bottom elevation when needed to keep base flows or low flows concentrated. Cutoff walls shall be provided at the upstream and downstream edges of ford -type stream crossings when needed to protect against undercutting. The finished top surface of the ford type stream crossing in the bottom of the watercourse shall be no higher than the original stream bottom at the upstream edge of the ford crossing. If the downstream edge of the ford crossing is above the original stream bottom, the ford crossing shall be stabilized in accordance with NRCS Conservation Practice Standard 584, Stream Channel Stabilization, Where rock is used for ford type stream crossings for livestock, use a hoof contact zone or alternative surfacing method over the surfacing rock. Concrete Fords Concrete ford crossings shall be used only where the foundation of the stream crossing is determined to have adequate bearing strength Concrete shall have a minimum compressive strength of 3,000 psi at 28 days. Concrete ford crossings shall have a minimum thickness of placed concrete of 5 inches with minimum reinforcement of 6-inch by 6-inch, 6 gauge welded wire fabric. The concrete slab shall be poured on a minimum 4-inch thick rock base, unless the foundation is otherwise acceptable. Precast concrete panels may be used in lieu of cast -in -place concrete slabs. Precast concrete units shall comply with ACI 525 or 533, or as otherwise acceptable for local conditions. When heavy equipment loads are anticipated, the concrete slab shall be designed using an appropriate procedure as described in American Concrete Institute, ACI 360, Design of Slabs on Grade. Geocell and/or Rock Ford Crossings Rock ford crossings with geotextile shall be used when the site has a soft or unstable subgrade. Ford crossings made of stabilizing material such as rock riprap are often used in steep areas subject to flash flooding, where normal flow is shallow or intermittent. The bed of the channel shall be excavated to the necessary depth and width, below potential scout tines, and covered with geotextile material. The geotextile material shall be installed on the excavated surface of the ford and shall extend across the bottom of the stream and at leas; up to the 10-year, 24-hour peak.discharge elevation. Where stream channels are composed of stable coarse rock material or solid bedrock, the requirement to extend the geotexUe across the channel bottom may be waved upon written approval of the area engineer. Cutoff trenches shall be installed along the upper ends of entrance and exit ramps and on both the upstream and downstream sides of the stream crossing. The downstream trench 578 - 3 may be omitted on crossings with drainage areas less than 300 acres. The geotextile material shall be covered with at least 8 inches of coarse aggregate meeting the approximate gradation requirements of NCDOT for ABC coarse aggregate. Washed stone or gravel shall be used in streams designated as NC Designated Public Mountain Trout Waters and their upper tributaries. If using geocells, the cells shall be at least 6 inches deep. All geosynthetic material shall be suitably durable and shall be installed in accordance with the manufacturer's recommendations, including the use of staples, clips and anchor pins. At minimum, all rock ford stream crossings shall be designed to remain stable during the 10-year, 24-hour peak discharge. CONSIDERATIONS Avoid or minimize stream crossings, when possible, through evaluation of alternative trail or travel -way locations. Ford crossings have the least detrimental impact on water quality when crossing is infrequent. Ford crossings are adapted for crossing wide, shallow watercourses with firm streambeds. Stream crossings should be located where adverse environmental impacts will be minimized and.considering the following: Effects on up -stream and down -stream flow conditions that could result in increases in erosion, deposition, or flooding. • Short term and construction -related effects on water quality. • . Effects on fish passage and wildlife habitats. • Effects on cultural resources. • Overall effect on erosion and sedimentation that will be caused -by the installation of the crossing and any necessary stream diversion. Where stream crossings -are used, evaluate the need for safety measures such as NRCS, NC September 2004 578-4 guardrails at culvert or bridge crossing, or water depth signage at ford crossings. PLANS AND SPECIFICATIONS Plans and specifications for stream crossings shall be in keeping with this standard and shall describe the requirements for applying the practice to achieve its intended purpose. OPERATION AND MAINTENANCE An operation and maintenance plan shall be developed and implemented for the life of the practice. All stream crossings, appurtenances, and associated fences shall be inspected at least annually and after each major storm event with repairs made as needed. NRCS, NC September 2004 NATURAL RESOURCES CONSERVATION SERVICE CONSERVATION PRACTICE STANDARD STREAM CROSSING (No.) CODE 578 DEFINITION A stabilized area or structure constructed across a stream to provide a travel way for people, livestock, equipment, or vehicles. PURPOSE • Improve water quality by reducing sediment, nutrient, organic, and inorganic loading of the stream. ■ Reduce streambank and streambed erosion. Provide crossing for access to another land unit. CONDITIONS WHERE PRACTICE APPLIES This practice applies to all land uses where an intermittent or perennial watercourse exists and a ford, bridge, or culvert type crossing is desired for livestock, people, and /or equipment. CRITERIA Location. Stream crossings shall be located in areas where the streambed is stable, where grade control can be provided to create a stable condition, or upstream of where a natural barrier such as a rock seam or large bouider exists. Avoid sites where channel grade or alignment changes abruptly, excessive seepage or 'instability is evident, overfalls exist, or large tributaries enter the stream. Wetland areas shall be avoided to the maximum extent possible. Cuts and fills in wetlands and the waters of the United States 578 - 1 will require permits. Consult the Army Corps of Engineers and the North Carolina State Division of Water Quality and Department of Environment and Natural Resources for permit requirements. Locate crossings, where possible, out of shady riparian areas to discourage cattle loafing time in the stream. Stream crossings shall provide a way for normal passage of water, fish and other aquatic animals within the channel during all seasons of the year. Crossings shall be installed perpendicular to the direction of the flow of the stream. Skews shall be avoided on all but the smallest streams. Stream crossings shall not be installed in a newly located or constructed channel, Access Roads. Where high rates of erosion of the adjacent roadways that slope towards the crossing threaten to deliver an excessive amount of sediment to the drainage, install measures to minimize erosion of the roadside ditch, road surface, and/or cut slopes. Where the stream crossing is installed as part of a roadway, the crossing shall be in accordance with NRCS Conservation Practice Standard, 560, Access Road. Width. The stream crossing shall provide an adequate travel -way width for the intended use. A multi -use stream crossing shall have a travel -way no less than 10 feet wide. Width shall be measured from the upstream end to the downstream end of the stream crossing and shall not include the side slopes. Crossings shad be no more than 20 feet wide. Side Slopes. Alt cuts and fills for the stream crossing shall have side slopes that are stable Conservation practice standards are reviewed periodically, and updated if needed. To obtain the current version of this standard, contact the Natural Resources Conservation Service. NRCS, NC September 2004 578 - 2 for the soil involved. Side slopes of earth cuts or fills shall be no steeper than 2 horizontal to 1 vertical. Rock cuts or fills shall be no steeper than 1.5 horizontal to 1 vertical. Stream Approaches. Approaches to the stream crossing shall blend with existing site conditions where possible, and shall not be steeper than 5 horizontal to 1 vertical. Unless the foundation geology is otherwise acceptable, the approaches shall be stable, have a gradual ascent or descent grade, and be underlain with suitable material, as ' necessary, to withstand repeated and long term use. The minimum width of the approaches shall be equal to the width of the crossing surface. Minimum length of the approaches shall be 24 feet. Surface runoff shall be diverted around the approaches to prevent erosion of the approaches. Roadside ditches shall be directed into a diversion or away from the crossing surface. Rock. All rock shall be chosen to withstand exposure to air, water, freezing and thawing. When rock is used, it shall be sufficiently large and dense so that it is not mobilized by design. flood flows. Fencing. Areas adjacent to the stream crossing shall be permanently fenced or otherwise excluded, as needed, to manage livestock access to the crossing. When stream crossings are in pasture fields, a gate will be installed at the entrance of the crossing to prevent continuous livestock access to the stream, as needed. Cross -stream fencing at fords shall be accomplished with breakaway wire, swinging floodgates, hanging electrified chain or other devices to allow the passage of floodwater debris during high flows. All fencing shall be designed and constructed in accordance with MRCS Conservation Practice Standard 382, Fence. Vegetation. All areas to be vegetated shall be planted as soon as practical after construction. Use MRCS Conservation Practice Standard 342, Critical Area Planting, as appropriate, to establish vegetation. NRCS, NC September 2004 Criteria for Culvert and Bridae Crossings Design of culverts and bridges shall be consistent with sound engineering principles and shall be adequate for the use, type of road, or class of vehicle. Culverts and bridges shall have 'sufficient capacity to convey the design flow without appreciably altering the stream flow characteristics. Culverts shall be sized to handle at least the bankfull flow or the peak runoff from the 2- year, 24-hour peak discharge, whichever is less. Crossings shall be adequately protected so that out -of -bank flows safely bypass without structure or streambank damage, or erosion of the crossing fill. Additional culverts may be used at various elevations to maintain terrace or floodpiain hydraulics. The length of the culvert shall be adequate to extend the full width of the crossing, including side slopes. At least one culvert pipe shall be placed on or below grade with the existing stream bottom. Acceptable culvert materials include concrete, corrugated metal, corrugated plastic, new or used high quality steel and other materials approved by the engineer. Acceptable bridge materials include concrete, steel, and wood. Criteria for Ford Crossings When ford crossings are used, the cross - sectional area of the crossing shall not be less than the natural channel cross -sectional area. A portion of the crossing shall be depressed at or below the average stream bottom elevation when needed to keep base flows or Sow flows concentrated. Cutoff walls shall be provided at the upstream and downstream edges of ford -type stream .crossings when needed to protect against undercutting. The finished top surface of the ford type stream crossing In the bottom of the watercourse shall be no Nigher than the original stream bottom at the upstream edge of the ford crossing. If the downstream edge of the ford crossing is above the original stream bottom, the ford crossing shall be stabilized in accordance with NRCS Conservation Practice Standard 584, Stream Channel Stabilization. Where rock is used for ford type stream crossings for livestock, use a hoof contact zone or alternative surfacing method over the surfacing rock. Concrete Fords Concrete ford crossings shall be used only where the foundation of the stream crossing is determined to have adequate bearing strength Concrete shall have a minimum compressive strength of 3,000 psi at 28 days. Concrete ford crossings shall have a minimum thickness of . placed concrete of 5 inches with minimum reinforcement of 6-inch by 6-inch, 6 gauge welded wire fabric. The concrete slab shall be poured on a minimum 4-inch thick rock base, unless the foundation is otherwise acceptable. Precast concrete panels may be used in lieu of cast -in -place concrete slabs. Precast concrete units shall comply with ACI 525 or 533, or as otherwise acceptable for local conditions. When heavy equipment loads are anticipated, the concrete slab shall be designed using an appropriate procedure as described in American Concrete Institute, ACI 360, Design of Slabs on Grade. Geocell and/or Rock Ford Crossings Rock ford crossings with geotextile shall be used when the site has a soft or unstable subgrade. Ford crossings made of stabilizing material such as rock riprap are often used in steep areas subject to flash flooding, where normal flow is shallow or intermittent. The bed of the channel shall be excavated to the necessary depth and width, below potential scout lines, and covered with geotextile material. The geotextile material shall be installed on the excavated surface of the ford and shall extend across the bottom of the stream and at least up to the 10-year, 24-hour peak discharge elevation, Where stream channels are composed of stable coarse rock material or solid bedrock, the requirement to extend the geotextile across the channel bottom may be waived upon written approval of the area engineer. Cutoff trenches shall be installed along the upper ends of entrance and exit ramps and on both the upstream and downstream sides of the stream crossing. The downstream trench 578 - 3 may be omitted on crossings with drainage areas less than 300 acres. The geotextile material shall be covered with at least 8 inches of coarse aggregate meeting the approximate gradation requirements of NCDOT for ABC coarse aggregate. Washed stone or gravel shall be used in streams designated as NC Designated Public Mountain Trout Waters and their upper tributaries. If using-geocells, the cells shall be at least 6 inches deep. All geosynthetic material shall be suitably durable and shall be installed in accordance with the manufacturer's recommendations, including the use of staples, clips and anchor pins. At minimum, all rock ford stream crossings shall be designed to remain stable during the 10-year, 24-hour peak discharge. CONSIDERATIONS Avoid or minimize stream crossings, when possible, through evaluation of alternative trail or travel -way locations. Ford crossings have the least detrimental impact on water quality when crossing is infrequent. Ford crossings are adapted for crossing wide, shallow watercourses with firm streambeds. Stream crossings should be located where adverse environmental impacts will be minimized and considering the following: • Effects on up -stream and down -stream flow conditions that could result in increases in erosion, deposition, or flooding. • Short term and construction -related effects on water quality. . . Effects on fish passage and wildlife habitats. • Effects on culturai resources. • Overall effect on erosion and sedimentation that will be caused by the installation of the crossing and any necessary stream diversion. Where stream crossings are used, evaluate the need for safety measures such as NRCS, NC September 2004 578-4 guardrails at culvert or bridge crossing, or water depth signage at ford crossings. PLANS AND SPECIFICATIONS Plans and specifications for stream crossings shall be in keeping with this standard and shall describe the requirements for applying the practice to achieve its intended purpose. OPERATION AND MAINTENANCE An operation and maintenance plan shall be developed and implemented for the life of the practice. All stream crossings, appurtenances, and associated fences shall be inspected at least annually and after each major storm event with repairs made as needed. NRCS, NC September 2004 UNITED STATE3�1"OSL�'�/lC' �"`'`�'' }' P. ;i; bmAdim Fermi No. G-14 IT — Sender: Please print your name, address, and ZIP+4 in this box • Aquifer Protection Section Department of Environment and Natural Resources ' 585 Waughtown Street Winston-Salem, NC 27107-2241 7s Trrlflflzrrlirr�!'�1rrllflllrllllrilllrrf�rllll�rf�rffrlrllroil ■ Complete Items 1, 2, and 3. Also complete item 4 it Restricted Delivery Is desired. a Print your�name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Mr. Twiman Caudle 3101 Reece Road Boonville, NC 27011 A Signature X ❑ Agent ❑ Addresser B. Received by ( Printed me) C. Date of Deliver) .�/iZal�f4�v�,s aJ�g1c7 D. Is deliveryaddress differert from kem 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Serylce Type Certified Mall i ❑ Registered ❑ Insured Mail ❑ Kpress Mall CITReturn Receipt for Merchandise ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes- - 7004 2510 02 2066�9880,j` Nod February 2004 Domestic Return Receipt �� / =p 10259542-M-154 UNITED STAfEiCH i ir„f^;.D3 .A.: :M1; F1f5'� lass a11� �, d.'Y f' • Sender: Please print your name, address, and ZIP+4 in this box • rN—CDENR/M AQUIFER PROTECTION SECTION 585 WAUG1-ITOWN STREET WINSTON-SALEM, NC 27107-2241 ■ Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the maiipiece, or on the front if space permits. 1. Article Addressed to: Mr; Twilnan Candle 3101 Reece Road Boonville, NC 27011 A. Signature X Agent 2!!!:r7&A Addressee B. Receded PrY ed Name) C. ate of Deiivery D. Is delivery address diffewt from Item 17 ❑ Yes If YES, enter delivery address below: ❑ No 3. Se Type Eff Certified Mail 0 Eoess Mall ❑ Registered UrPleturn Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 14. Restricted Deilvery 7 (Fxba Fbo 13 Yes - 2. ArtkieNum ' f l l 7004 2510 0002 2066.19.682,v' , M.� (Transfer PS Forrrr 3811, February 2004 Domestic Return Receipt — sr D 7 102595-024-1540 RHCEIVED Stream Crossing Natural Bottom H.c,popt,ctl^NR Name Date County n" 7 2M a d G o 9 a d; �inal ; O to,e, maI Ottice 33I . 3 6 -1 . '1 ( 6,3 ` S" Berm S " Berm Natural ground Excavate banks down to grade \ After excavated install cloth & ABC gravel 7: Excavate on either side of channel 1.5 feet deep by 3 feet wide No eu: or) sr01e st & Fence o n-� Cut slope = n 1 Flow 1.5" Deep x 12" wide 49 !slope 8:1 minimum 8 inch layer of ABC (crusher run) Fill with Erosion Control Stone Channel And cap with 3" to 4" of ABC Use c td O slope f lBQ YC �-trG S / !'7 (8 min) (8 min) v_ v O I V V 0 _ C- le4n D"f < X.�'r°R—Coss �'6►A 6Mo& U-, rc„V" n s 1 Contact NRCS/District personnel to set flags for construction layout 2 Personnel will need to review design and layout with owner and grading contractor 3 Excavate to grade as shown. 4 Construct berms to divert flow away from stream crossing Anchoring Pin detail 5 See other design data (Plotted profile and cross -sections required) f� 4" � 6 You will need: one piece of filter cloth /oZ feet wide by feet long 6" ,S_I _ pins to hold filter cloth in place # 3 bar (required on seams and edges) I8" No. 3 re -bar aa_tons of erosion control stone (surge stone) �'' } }.: cK t I - .59 tons of ABC crusher run 5� {-}+: `� USDA NRCS . 1 !O Drainage Area ac. P//q �e)aw W/,S da,, Approved by e Ca S Designed by 7Z Job Class 3ar% Jc h �. 5 " Date 3 he L{•C plan . �ri � V� mq�er:a) . NATURAL RESOURCES CONSERVATION SERVICE CONSERVATION PRACTICE STANDARD STREAM CROSSING (No.) CODE 578 DEFINITION A stabilized area or structure constructed across a stream to provide a travel way for people, livestock, equipment, or vehicles. PURPOSE ■ Improve water quality by reducing sediment, nutrient, organic, and inorganic loading of the stream. • Reduce streambank and streambed erosion, • Provide crossing for access to another land unit. CONDITIONS WHERE PRACTICE APPLIES This practice applies to all land uses where an intermittent or perennial watercourse exists and a ford, bridge, or culvert type crossing is desired for livestock, people, and /or equipment. CRITERIA Location, Stream crossings shall be located in areas where the streambed is stable, where grade control can be provided to create a stable condition, or upstream of where a natural barrier such as a rock seam or large boulder exists. Avoid sites where channel grade or alignment changes abruptly, excessive seepage or instability is evident, overfalls exist, or large tributaries enter the stream. Wetland areas shall be avoided to the maximum extent possible. Cuts and fills in wetlands and the waters of the United States 578 - 1 will require permits. Consult the Army Corps of Engineers and the North Carolina State Division of Water Quality and Department of Environment and Natural Resources for permit requirements. Locate crossings, where possible, out of shady riparian areas to discourage cattle loafing time in the stream. Stream crossings shall provide a way for normal passage of water, fish and other aquatic animals within the channel during all seasons of the year. Crossings shall be installed perpendicular to the direction of the flow of the stream. Skews shall be avoided on all but the smallest streams. Stream crossings shall not be installed in a newly located or constructed channel. Access Roads. Where high rates of erosion. of the adjacent roadways that slope towards the crossing threaten to deliver an excessive amount of sediment to the drainage, install measures to minimize erosion of the roadside ditch, road surface, and/or cut slopes. Where the stream crossing is installed as part of a roadway, the crossing shall be in accordance with NRCS Conservation Practice Standard, 560, Access Road, Width. The stream crossing shall provide an adequate travel -way width for the intended use. A multi -use stream crossing shall have a travel -way no less than 10 feet wide. Width shall be measured from the upstream end to the downstream end of the stream crossing and shall not include the side slopes. Crossings shall be no more than 20 feet wide. Side Slopes. All cuts and fills for the stream crossing shall have side slopes that are stable Conservation practice standards are reviewed perlodically, and updated it needed. To obtain the current version of this standard, contact the Natural Resources Conservation Service, NRCS, NC September 2004 578-2 for the soil involved. Side slopes of earth cuts or fills shall be no steeper than 2 horizontal to 1 vertical. Rock cuts or fills shall be no steeper than 1.5 horizontal to 1 vertical. Stream Approaches. Approaches to the stream crossing shall blend with existing site conditions where possible, and shall not be steeper than 5 horizontal to 1 vertical. Unless the foundation geology is otherwise acceptable, the approaches shall be stable, have a gradual ascent or descent grade, and be underlain with suitable material, as necessary, to withstand repeated and long term use. The minimum width of the approaches shall be equal to the width of the crossing surface. Minimum length of the approaches shall be 20 feet. Surface runoff shall be diverted around the approaches to prevent erosion of the approaches. Roadside ditches shall be directed into a diversion or away from the crossing surface. Rock. All rock shall be chosen to withstand exposure to air, water, freezing and thawing. When rock is used, it shall be sufficiently large and dense so that it is not mobilized by design flood flows. Feencina. Areas adjacent to the stream crossing shall be permanently fenced or otherwise excluded, as needed, to manage livestock access to the crossing. When stream crossings are in pasture fields, a gate will be installed at the entrance of the crossing to prevent continuous livestock access to the stream, as needed.,, Cross -stream fencing at fords shall be accomplished with breakaway wire, swinging floodgates, hanging electrified chain or other devices to allow the passage of floodwater debris during high flows. All fencing shall be designed and constructed in accordance with NRCS Conservation Practice Standard 382, Fence. Vegetation. All areas to be vegetated shall be planted as soon as practical after construction. Use NRCS Conservation Practice Standard 342, Critical Area Planting, as appropriate, to establish vegetation. NRCS, NC September 2004 Criteria for Culvert and Bridae Crossinas Design of culverts and bridges shall be consistent with sound engineering principles and shall be adequate for the use, type of road, or class of vehicle. Culverts and bridges shall have sufficient capacity to convey -the design flow without appreciably altering the stream flow characteristics. Culverts shall be sized to handle at least the bankfull flow or the peak runoff from the 2- year, 24-hour peak discharge, whichever is less. Crossings shall be adequately protected so that out -of -bank flows safely bypass without structure or streambank damage, or erosion of the crossing fill. Additional culverts may be used at various elevations to maintain terrace or floodplain hydraulics. The length of the culvert shall be adequate to extend the full width of the crossing, including side slopes. At least one culvert pipe shall be placed on or below grade with the existing stream bottom. Acceptable culvert materials include concrete, corrugated metal, corrugated plastic, new or used high quality steel and other materials approved by the engineer. Acceptable bridge materials include concrete, steel, and wood. Criteria for Ford Crossinas When ford crossings are used, the cross - sectional area of the crossing shall not be less than the natural channel cross -sectional area. A portion of the crossing shall be depressed at or below the average stream bottom elevation When needed to keep base flows or low flows concentrated. Cutoff walls shall be provided at the upstream and downstream edges of ford -type stream crossings when needed to protect against undercutting. The finished top surface of the ford type stream crossing in the bottom of the watercourse shall be no higher than the original stream bottom at the upstream edge of the ford crossing. If the downstream edge of the ford crossing is above the original stream bottom, the ford crossing shall be stabilized in accordance with NRCS Conservation Practice Standard 584, Stream Channel Stabilization. Where rock is used for ford type stream crossings for livestock, use a hoof contact zone or alternative surfacing method over the surfacing rock. Concrete Fords Concrete ford crossings shall be used only where the foundation of the stream crossing is determined to have adequate bearing strength. Concrete shall have a minimum compressive strength of 3,000 psi at 28 days. Concrete ford crossings shall have a minimum thickness of placed concrete of 5 inches with minimum reinforcement of 6-inch by 6-inch, 6 gauge welded wire fabric. The concrete slab shall be poured on a minimum 4-inch thick rock base, unless the foundation is otherwise acceptable. Precast concrete panels may be used in lieu of cast -in -place concrete slabs. Precast concrete units shall comply with ACI 525 or 533, or as otherwise acceptable for local conditions. When heavy equipment loads are anticipated, the concrete slab shall be designed using an appropriate procedure as described in American Concrete Institute, ACI 360, Design of Slabs on Grade. Geocell and/or Rock Ford Crossings Rock ford crossings with geotextile shall be used when the site has a soft or unstable subgrade. Ford crossings made of stabilizing material such as rock riprap are often used in steep areas subject to flash flooding, where normal flow is shallow or intermittent. The bed of the channel shall be excavated to the necessary depth and width, below potential scout lines, and covered with geotextile material. The geotextile material shall be installed on the excavated surface of the ford and shall extend across the bottom of the stream and at least up to the 10-year, 24-hour peak discharge elevation. Where stream channels are composed of stable coarse rock material or solid bedrock, the requirement to extend the geotextile across the channel bottom may be waived upon written approval of the area engineer. Cutoff trenches shall be installed along the upper ends of entrance and exit ramps and on both the upstream and downstream sides of the stream crossing. The downstream trench 578 - 3 may be omitted on crossings with drainage areas less than 300 acres. The geotextile material shall be covered with at least 8 inches of coarse aggregate meeting the approximate gradation requirements of NCDOT for ABC coarse aggregate. Washed stone or gravel shall be used in streams designated as NC Designated Public Mountain Trout Waters and their upper tributaries. If using geocells, the cells shall be at least 6 inches deep. All geosynthetic material shall be suitably durable and shall be installed in accordance with the manufacturer's recommendations, including the use of staples, clips and anchor pins. At minimum, all rock ford stream crossings shall be designed to remain stable during the 10-year, 24-hour peak discharge. CONSIDERATIONS Avoid or minimize stream crossings, when possible, through evaluation of alternative trail or travel -way locations. Ford crossings have the least detrimental impact on water quality when crossing is infrequent. Ford crossings are adapted for crossing wide, shallow watercourses with firm streambeds. Stream crossings should be located where adverse environmental impacts will be minimized and considering the following; • Effects on up -stream and down -stream flow conditions that could result in increases in erosion, deposition, or flooding, • Short term and construction -related effects on water quality. • Effects on fish passage and wildlife habitats. • Effects on cultural resources. • Overall effect on erosion and sedimentation that will be caused by the installation of the crossing and any necessary stream diversion. Where stream crossings are used, evaluate the need for safety measures such as NRCS, NC September 2004 578-4 guardrails at culvert or bridge crossing, or water depth signage at ford crossings. PLANS AND SPECIFICATIONS Plans and specifications for stream crossings shall be in keeping with this standard and shall describe the requirements for applying the practice to achieve its intended purpose. OPERATION AND MAINTENANCE An operation and maintenance plan shall be developed and implemented for the life of the practice. All stream crossings, appurtenances, and associated fences shall be inspected at least annually and after each major storm event with repairs made as needed. NRCS, NC September 2004 NATURAL RESOURCES CONSERVATION SERVICE CONSERVATION PRACTICE SPECIFICATION STREAM CROSSING (FORD CROSSINGS) (No.) CODE 578 .•lIM_l:1l11ic All trees and brush shall be removed from the area before excavation starts The foundation shall be cleared of all stumps, roots, brush, sod, and other debris. All waste materials shall be disposed of in a sightly and workmanlike manner in designated areas out of the natural floodway. FOUNDATION EXCAVATION All material shall be removed from the foundation of the stream crossing to the depths, widths, and lengths required by the design. Excavation may be limited to one side of the stream at a time in order to facilitate diversion of the stream. It may be advantageous to divert the stream flows around the site using a pipe or ditch or to temporarily impound the stream during construction. Trenches shall be excavated along the upper ends of entrance and exit ramps and on both the upstream and downstream sides of the stream crossing for geotextile installation. GEOTEXTILES A geotextile (fabric filter cloth) shall be installed under the entire crossing as well as in the toe trenches. In the S578 - 1 upstream toe trenches, the geotextile shall be back lapped over its own trench. The geotextile shall be a non -woven needle -punched material with a minimum tensile strength of 120 lbs. (minimum average roll value). The geotextile shall be placed on a grade parallel to the natural streambed prior to construction. The geotextile shall be toed into the trenches and the trenches backfilled with course stable soil or crushed stone. Longitudinal ends of the geotextile shall be lapped back over the top of the backfill-toe trench a minimum of one foot beyond the edge of the trench and anchored to the fabric using anchoring pins placed on five foot centers. When more that one width of geotextile is required, the downstream panel shall be installed first. The next upstream panel shall be installed with a minimum of 18 inches overlap over the first section. Anchoring pins shall be installed on three foot centers six inches from the downstream edge of the lap. Pins shall penetrate both sections of geotextile in the lap. See Form NC- ENG-45 for typical example. Tears should be repaired immediately by removing all surface material and soil from the tear for minimum distance NRCS, NC September 2004 S578 - 4 of 18 inches in all directions of the tear Spread a new section of geotextile material over the cleared area and anchor with anchoring pins around all sides. ANCHORING PINS Anchoring pins shall be fabricated using No. 3 reinforcing steel or material of equivalent or greater size and durability and shaped as shown on Form NC-ENG-45. All pins shall be installed with the top width lying perpendicular (at right angles) to the direction of flow in the stream. Pins shall be driven vertically into undisturbed soil to provide maximum resistance to removal. Anchoring pins shall be installed through all overlapped fabric and across the width of the channel bottom on approximately three foot centers. The minimum number of anchoring pins to be used shall be as shown in Table 1. Table 1. Minimum Number of Anchoring Pin Re uired Number of Fabric S ri s Factor Times Total Across Channel Length of crossing 1 0.85 2 1.30 Example: Stream crossing 80 feet in total length using two adjacent strips of fabric for a crossing width of 20 feet. Minimum number of pins is 1.3 times 80 feet for a total of 104 pins. Specify 110 anchoring pins. Care should be taken not to rip the fabric while installing pins. Pins should NRCS,NC September 2004 be sharpened to permit easy penetration through fabric through a small opening. Fabric will fit tightly around anchoring pins with sharpened ends. If a pin must be removed for any reason, plug the opening created by the pin with a wadded ball of geotextile. Lightweight wire staples such as used to anchor mulch netting may be used to hold the geotextile in place temporarily while construction is in progress. Such staples are not adequate to provide permanent anchoring of the geotextile. SURFACING MATERIAL Acceptable material consisting of coarse sands and/or gravel, if present in the foundation excavation, may be stockpiled for later use in the toe trenches or on the roadway. Large washed stone or creek gravel may be used to prepare a foundation for the geotextile in unstable soils. Coarse stone may be used as a subgrade filler between the geotextile and the surfacing material. The surface of the crossing shall consist of a layer, a minimum of 8 inches thick, of course aggregate meeting the approximate gradation requirements of the North Carolina DOT for ABC course aggregate. Washed stone or gravel shall be used in streams designated as North Carolina Designated Public Mountain Trout Waters and their upper tributaries. Surfacing material will be spread such that a minimum of six inches of cover exists on the geotextile before tracked equipment is operated over it. Failure to cover the cloth with an adequate layer of stone at sites with fine sand or non -plastic silts and clays may result in the creation of "mud bubbles" in the geotextile. FINISH GRADES AND SLOPES Crossings shall be no less than 10 feet and no more than 20 feet wide in upstream direction between the fence posts. Surface runoff shall be diverted around the entrance and exit slopes to prevent erosion of the surfacing materials. Runoff shall be diverted either upstream or downstream to a point from which it cannot flow back toward the entrance or exit ramp. The finished surfacing should be on the same grade as the natural streambed above and below the site. Failure to match the natural streambed grade may result in erosion of the surfacing materials or undesirable siltation in the crossing area. FENCING Fence posts along each side of the crossing shall be installed inside the area covered with geotextile and stone When stream crossings are in pasture fields, a gate will be installed at the entrance of the crossing to prevent continuous livestock access to the stream. Fence posts with sharpened ends shall be driven through the geotextile in the center of the trenches, The wire should be placed on the downstream side of the posts on each fence line. Strands of wire should not be continuous across the crossing, but shall be cut above the normal high water line and secured lightly to the posts so that a buildup of trash will pull the wire away from the post,.allowing the trash to move downstream. S578 - 3 JOB ORGANIZATION All materials should be available and ready at the site to allow completion of the crossing in one working day. Materials such as the geotextile, anchoring pins, staples, pointed fence posts and surfacing stone should be at the site before commencing construction. Proper equipment should be at the site and ready for an early morning start. CONSTRUCTION EQUIPMENT Landowners and contractors should be advised of the use of proper equipment. Improper equipment will result in inability to properly construct the crossing and excessive cost of construction. Experience has proved that certain types of construction equipment are more suitable for installation of stream crossing than others. Where crossings are on small watercourses with stable subsoils, equipment choice may not be critical. Where non -plastic silts and clays or unstable fine sands are anticipated in the subgrade material, the following observations should be noted: • Tracked equipment is superior to rubber tired equipment. • Crawler tractors with angle dozer or bulldozer blades and fixed bucket front end loaders should be avoided. • Smaller, lighter dump trucks to deliver surfacing material will cause less damage to approaches than large trucks. • Track mounted hydraulic excavators with reaches of 25 feet NRCS, NC September 2004 S578 - 4 or more provide the best and fastest installation. • A tracked front end loader with a 4 in I clamshell type bucket and a large rubber tired backhoe provide the best installation if a hydraulic excavator is not available. A farm tractor with a scraper blade is very useful. A gasoline powered pump and hose should be available for pumping excess water from trenches. NRCS,NC September 2004 2�0�'IL2009 09 53 K� ' r � -r �j� � \` ! ! Cx , � � +•yam UA Wo r ti ii } ° • } } fY; . i /JI �.. rt �`� FAM .� �'`� G�,1��[l!�2.Q©.9.�J.Q fir. ��•� _.. 'v .;� __��.'`� .._ _ _ ,: � �- - -"�' ��� :�iC_a .C��� 5:�� r-RSCEtVED r 4 N.C. Dept. cf ENR JUN 01 2008 Winstornsalem Regional Off1C@ May 30, 2008 CERTIFIED MAIL RETURN RECEIPT; REQUESTED RECEIPT # 7006 2150 0003 5466 6885 Mr. Twiman Caudle Twiman Caudle Farm 3101 Reece Road Booneville, NC 27011 SUBJECT: Assessment of Civil Penalties for Violation(s) of N.C. General Statute(s) 143-215.1 Farm # 99-32 Yadkin County File No. SS-2008-0004 Permit No. AWD990032 Dear Mr. Caudle: Michael F. Easley, Governor William G. Ross Jr.. Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins Director Division of Water Quality This letter transmits notice of a civil penalty assessed against Twiman Caudle in the amount of $4948.44, which includes $1,948.44 in investigative costs. Attached- is a copy of the assessment document explaining this penalty. ' This action was taken under the authority vested in me by delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality. Any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. Within thirty days of receipt of this notice, you must do one of the following three items: 1. Submit payment of the penalty: Payment should be made to the order of the Department of Environment and Natural Resources. Payment -of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Do not include the attached waiver form if making payment. Please send payment to the attention of. Miressa D. Garoma DWQ 1636 Mail Service Center Raleigh, North Carolina 27699-1636 Ono Ni Carolina Naturally Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Telephone: (919) 733-3221 Internet: www.newaterquality,org Location: 2728 Capital Boulevard Raleigh, NC 27604 Fax 1: (919) 715-0588 Fax 2: (919) 715-6048 An Equal Opportunity/Affirmative Action Employer— 50% Recycledll0% Post Consumer Paper Customer Service: (877) 623-6748 Twiman Caudle • Page 2 April 7, 2008 2. Submit a written request for remission including a detailed ,justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document, Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiv-,.er: of_your_right_to_an_adnunistrative_hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered (1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) were wrongfully applied to the detriment of the violator; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator has been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note at all evidence presented in support of your request for remission must be submitted in writing.The Director of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions (Committee), be advised that the Committee cannot consider information that was not part of the origina remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission, In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Miressa d. Garoma Division of Water Quality 1636 Mail Service Center Raleigh, NC 27699-1636 OR 3. ' File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. Twiman Caudle . Page 3 April 7, 2008 and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 A copy of the petition must also be served on DENR as follows: Ms. Mary Penny Thompson, Registered Agent DENR 1601 Mail Service Center Raleigh, NC 27699-1601 Please mail or hand deliver a copy to: Miressa D. Garoma DWQ 1636 Mail Service Center Raleigh, NC 27699-1636 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. - Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Miressa D. Garoma at (919) 715-6937. Sincerely, r Imo' Theodore L. Bush, Jr., Chief Aquifer Protection Section Division of Water Quality ATTACHMENTS cc: Sherri Knight, Winston-Salem APS Regional Supervisor wl attachments .Melissa Rosebrock, WSRO w/ attachments File # SS-2008-0004 wl attachments APS Central Files w/ attachments Susan'Massengale w/ attachments 0 0 STATE OF NORTH CAROLINA COUNTY OF YADKIN IN THE MATTER OF TWIMAN CAUDILL FOR VIOLATIONS OF THE WATER QUALITY STANDARD FOR FECAL COLIFORM 15A NCAC 0213. 0211(3)(e) NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES File No. SS-2008-0004 FINDINGS AND DECISIONS AND ASSESSMENT OF CIVIL PENALTIES Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, I, Theodore L. Bush Jr., Chief of the Aquifer Protection Section of the Division of Water Quality (DWQ), make the following: I. FINDINGS OF FACT: A. Twiman Caudill owns and operates a beef cattle operation located along Abraham Road in Yadkin County. B. The Caudill farm was deemed permitted as a non -discharge facility on February 1, 1993 in accordance with 15A NCAC 2H .0217. C. On December 11, 2006, DWQ staff visited the Caudle farm in response to a complaint alleging that cows had direct access to North Deep Creek, a Class C stream within the Yadkin River Basin. D. Staff observed that on December 11,at least 88 cattle had direct access to the stream. DWQ staff also documented severe stream bank erosion and the deposition of up to seven inches of sediment impacting at least 2000 linear feet of North Deep Creek due to excessive cattle traffic. Fecal Coliform—samples-collected downstream -oL all -cattle activity contained 3400 colonies per NO_m1�of:samtale.:The Water; Oualitv_Standard_for Notice of Violation was sent to i stream standard violations. E. The WSRO received Mr. Caudle's response to the anuazy20Q7 N0� p ij- 1, �ebruarj3L,31, 0,7�, in which he stated that he would begin working with the Yadkin Soil and -Water Conservation District (SWCD) to resolve the water quality violations. Regional office staff and Yadkin SWCD met with Twiman Caudle onsite on acch�l9,_2l7 to discuss his plans for cattle exclusion. Yadkin SWCD approved up to $19,639 in Agricultural Cost Share Program money for the installation of a well, watering tanks, fencing, gates, etc. F. n ay 9s 2007 wiman Caudle voluntarily signed a SWCD form stating that Twiman V G. DWQ staff returned to the Caudle farm on five (5) occasions between December 13, 2007 and January 7, 2008 in order to conduct sampling events to determine if water quality standard violations for fecal coliform were continuing in North Deep Creek. H. Samples collected revealed fecal coliform bacteria ranging from 700 colonies per�l,00,m1, oL samnle_to as high as >60.000 colonies tier 100 ml of samtile. The Water Oualitv 1 0 ml of sample in five samples within a_30_day period he„Tge, ametric-mean was 3.+^ + sYL.R... -vnyr ww�aW +tf':,--,0,#, y�c �_�' " riwF,•�ra. n,�-., 465�1;.4�colonies-per f0�agm1 The standard also states that -no sample shall exceed 400 colonies per 100 ml in 20 percent of the samples collected. One sample equals 20 per cent and the lowest sample was greater than 400 colonies per 100 ml. 1. The costs to the State of the enforcement procedures in this matter totaled $1948.44 Based upon the above Findings of Fact, I make the following: II. CONCLUSIONS OF LAW: A. Twiman Caudle is a " person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). B. North Deep Creek constitutes waters of the State within the meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6). C. Twiman Caudle violated 15A NCAC 02B. 0211(3)(e) by conducting or controlling an activity causing the concentration of fecal coliform bacteria in surface water to exceed the water quality standards adopted pursuant to G.S. 143-214.1. D. Twiman Caudle may be assessed civil penalties in this matter pursuant to G.S. 143- 2i5.6A(a)(1), which provides that a civil penalty of not more than Twenty five thousand dollars ($25,000.00) per violation may be assessed against a person who violates any classification, standard, limitation, or management practice pursuant to G.S. 143-214.1, 143-214.2, or 143-215. E. The State's enforcement costs in this matter may be assessed against Twiman Caudle pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282.1(b)(8). F. The Aquifer Protection Section Chief, pursuant to delegation from the Director, Division of Water Quality, and the Secretary of the Department of Environment and Natural Resources, has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: III. DECISION: Accordingly, Twiman Caudle is hereby assessed a civil penalty of: $ 4� 0 violations of 15A NCAC 02B. 0211•(3)(e).by, conducting activities that caused the coricent atior► of -fecal co-Ai'orm bacteria in surface water to exceed water quality standards. $ 1948.44 Enforcement costs $ q4 141 1& qqTOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the amount of civil penalty I have considered the factors listed in G.S. 143B-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulator; (8) The costs to the State for the enforcement procedures. (Date) Theodore L. Bush Jr., hief Aquifer Protection Section Division of Water Quality DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY March 24, 2008 MEMORANDUM: To: Keith Larick w From: Sherri Knight Melissa Rosebrock Subject: Recommendation for Civil Penalty Case # SS-2008-0004 Twiman Caudle, AWD990032 Yadkin County Please find attached, documents supporting the Winston-Salem Regional Office's request for a civil penalty assessment against Mr. Twiman Caudle for conducting or controlling an activity which caused the fecal coliform bacteria in North Deep Creek to exceed the water quality standard of 200 colonies/100 ml. Staff of the Winston-Salem Regional Office Division of Water Quality (WSRO-DWQ) has visited the beef cattle farm on several occasions, beginning with a visual 'observation on September 26, 2006 and continuing with an investigation on December 11, 2006 resulting from of a complaint alleging that the cattle were causing severe stream bank erosion and the deposition of sediment into North Deep Creek (Class C waters of the State). The WSRO-DWQ issued a Notice of Violation (NOV) on January 29, 2007 for the removal of best usage and settleable solids caused by severe stream bank erosion and the deposition of up to seven inches of sediment that was impacting at least 2000 linear feet of North Deep Creek due to excessive cattle traffic. Our NOV also warned of the potential for future fecal coliform violations since one of the downstream samples resulted in 3400 colonies /100 ML. Mr. Caudle's written response to our initial NOV stated that he would begin working with the Yadkin Soil and Water Conservation District (SWCD) to resolve the water quality violations. Staff members from their office and DWQ met with Mr. Caudle on -site March 19, 2007, to begin working towards a solution. The Yadkin SWCD approved up to $19,639 in Agricultural Cost Share Program monies for the installation of a well, watering tanks, fencing, gates, etc. on the farm. Yadkin SWCD records show that on May 9, 2007 Mr. Caudle voluntarily signed a form stating that he did not wish to participate in the Agricultural Cost Share Program and did not want the technical or financial assistance offered by the Yadkin SWCD. Additionally, he did not seek their teclmical or financial assistance during the fall of 2007, either. Caudle Request for Civil Penalty March 24, 2008 Page 2 As a result of Mr. Caudle's inaction, DWQ staff conducted follow-up inspections December 13, 17, and 20, 2007 and January 2 and 7, 2008 in order to document continuing water quality concerns. Fecal coliform stream samples were obtained during each visit resulting in an upstream fecal coliform of 138.09 colonies/100 ML while downstream fecal coliform measured 4,651.39 colonies/100 ML. The downstream result is based upon individual laboratory results of. >60000, 3200, 700, 2700, and >6000, respectively. Visual observations indicate that a minimum of four inches of sediment has currently been deposited into North Deep Creek due to the impact from approximately 2000 linear feet of eroded and denuded stream banks. We also noted that at least 68 cattle have/had access to the stream. The stream was observed to contain excessive fungal growth as well. We request that you initiate appropriate action from your office and forward the attached package to the Aquifer Protection Section Chief. The following items are being transmitted for your review: A) A completed "Findings and Decisions and Assessment of Civil Penalties." B) A completed "Water Quality Enforcement Case Assessment Factors." C) Most recent correspondence between violator, DWQ, and the Yadkin County SWCD including a copy of the "NOV/NOI 10-day letter." D) Photographs of the site, observed in 2006, 2007, and 2008. E) Maps depicting the location of the property and impacted stream. F) Field parameters, sample results, and COCs. G) Supporting documents Please contact Melissa Rosebrock in our office at (336) 771-5289 for any additional information you may need. Attachments cc: Winston-Salem Regional Office Facility Files Central Files Findings and Decisions and Assessment of Civil Penalties Attachment A • STATE OF NORTH CAROLINA COUNTY OF YADKIN IN THE MATTER OF TWIMAN CAUDILL FOR VIOLATIONS OF THE WATER QUALITY STANDARD FOR FECAL COLIFORM 15A NCAC 02B. 0211(3)(e) NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES File No. SS-2008-0004 FINDINGS AND DECISIONS AND ASSESSMENT OF CIVIL PENALTIES Acting pursuant to delegation by the Secretary of the Department of Environment and Natural Resources, I, Ted L. Bush, Chief of the Aquifer Protection Section of the Division of Water Quality (DWQ), make the following: I. FINDINGS OF FACT: A. Twiman Caudill owns and operates a beef cattle operation located along Abraham Road in Yadkin County (Parcel-I.D. # 58-0900-2844-44). B. The Caudill farm was deemed permitted as a non -discharge facility on February 1, 1993 in accordance with Title 15A North Carolina Administrative Code Subchapter 2H Section .0217 (15A NCAC 2H .0217). C. On December 11, 2006, DWQ staff visited the Caudle farm in response to a complaint alleging that cows had direct access to North Deep Creek, a Class C stream within the Yadkin River Basin. D. Staff observed that on December 11, 2006 at least 88 cattle had direct access to the stream. DWQ staff also documented severe stream bank erosion and the deposition of up to seven inches of sediment impacting at least 2000 linear feet of North Deep Creek due to excessive cattle traffic. Fecal coliform samples collected downstream of all cattle activity contained 3400 colonies per 100 ml of sample. The Water Quality Standard for fecal coliform is 200 colonies per 100 ml of sample. A Notice of Violation was sent to Twiman Caudle dated January 29, 2007 for the referenced stream standard violations. E. The WSRO received Mr. Caudle's response to the January 2007 NOV on February 21, 2007 in which he stated that he would begin working with the Yadkin Soil and Water Conservation District (SWCD) to resolve the water quality violations. Regional office staff and Yadkin SWCD met with Twiman Caudle onsite on March 19, 2007 to discuss his plans for cattle exclusion. Yadkin SWCD approved up to $19,639. in Agricultural Cost Share Program money for the installation of a well, watering tanks, fencing, gates, etc. F. On May 9, 2007 Twiman Caudle voluntarily signed a SWCD form stating that he did not wish to participate in the Agricultural Cost Share Program nor did he want the technical or financial assistance offered by the Yadkin County SWCD office. Twiman Caudle did not exclude cattle from the stream as he had proposed in his NOV response letter. G. DWQ staff returned to the Caudle farm on five (5) occasions between December 13, 2007 and January 7, 2008 in order to conduct sampling events to determine if water quality standard violations for fecal coliform were continuing in North Deep Creek. H. Samples collected revealed fecal coliform bacteria ranging from 700 colonies per 100 ml of sample to as high as >60,000 colonies per 100 ml of sample. The Water Quality Standard for fecal coliform states that a geometric mean shall not exceed 200 colonies per 100 ml of sample in five samples within a 30-day period. The geometric mean was 4651.4. The standard also states that no sample shall exceed 400 colonies per 100 ml in 20 percent of the samples collected. One sample equals 20 per cent and the lowest sample was greater than 400 colonies. A Notice of Violation/Notice of Intent to Enforce dated February 7, 2008 was issued to Twiman Caudle for the referenced stream standard violations. The Notice of Violation was sent Certified Mail and received by the Caudles. The costs to the State of the enforcement procedures in this matter totaled $1948.44 Based upon the above Findings of Fact, I make the following: 11. CONCLUSIONS OF LAW: A. Twiman Caudle is a " person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212(4). B. North Deep Creek constitutes waters of the State within the meaning of G.S. 143-215.1 pursuant to G.S. 143-212(6). C. Twiman Caudle violated 15A NCAC 02B. 0211(3)(e) by conducting or controlling an activity causing the concentration of fecal coliform bacteria in surface water to exceed the water quality standards adopted pursuant to G.S. 143-214.1. D. Twiman Caudle may be assessed civil penalties in this matter pursuant to G.S. 143- 215.6A(a)(1), which provides that a civil penalty of not more than Twenty five thousand dollars ($25,000.00) per. violation may be assessed against a person who violates any classification, standard, limitation, or management practice pursuant to G.S. 143-214.1, 143-214.2, or 143-215. E. The State's enforcement costs in this matter may be assessed against Twiman Caudle pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282. I (b)(8). F. The Aquifer Protection Section Chief, pursuant to delegation from the Director, Division of Water Quality, and the Secretary of the Department of Environment and Natural Resources, has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: 11I. DECISION: Accordingly, Twiman Caudle is hereby assessed a civil penalty of: $ for violations of 15A NCAC 02B. 0211(3)(e) for Fecal Coliform Bacteria. $ - 1948.44 Enforcement costs $ TOTAL AMOUNT DUE As required by G.S. 143-215.6A(c), in determining the amount of civil penalty I have considered the factors listed in G.S. 14313-282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water• quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulator; (8) The costs to the State for the enforcement procedures. ,(Date) Ted L. Bush, Chief Aquifer Protection Section Division of Water Quality 0 Assessment Factors Violator: Twiman Caudle Owner: Twiman Caudle Region: Winston-Salem 1. The degree and extent of harm to the natural resources of the State, to public health or to private property: The section of North Deep Creek that flows through the Twiman Caudle property is immediately downstream of a PL566 flood control structure. This 3 - 4 acre (surface water) structure was built by the USDAINRCS in conjunction with Yadkin County in the late 1960s/early 1970s. While Twiman Caudle still owns the property containing the structure, the county has a perpetual easement on the dam and the spillway portions. There are restrictions on this structure with regard to grazing, harvesting of hay, etc. The fecal coliform bacteria concentration at the spillway was 130 colonies/100 nil in 2006 and 138.1 colonies/ml in 2008 (geometric mean). Downstream fecal coliform was at least 3400 colonies/100 ml in 2006 and 465.1.4 colonies/100 ml in 2008 (geometric mean). 2. The duration and gravity of the violation: DWQ has observed water duality problems at this farm since September 2006 (see incident report #200700230 by WSRO staff). Over 2000 linear -feet of surface water has been impacted due to sediment and stream bank erosion. This is a direct result of excessive cattle traffic in and around the stream. Fecal coliform levels downstream of the Caudle farm have gone from 3400 colonies/100 ml in 2006 to a geometric mean of at least 4651.4 colonies/100 ml in 2008. If allowed to continue unchecked, it is expected that conditions will deteriorate further. 3. The effect on ground or surface water quantity or quality or on air quality: DWQ has documented a water quality standard violation for fecal coliform bacteria downstream of all cattle, just prior to the stream leaving the Caudle property. The fecal coliform bacteria exceeded the water quality standard of 200 colonies/100 ml of sample. Upstream geometric mean was 138.1 colonies/100 ml while the downstream geometric mean was at least 4651.4 colonies/100 ml. If allowed to continue, it is expected that fecal coliform levels will increase downstream, especially during the summer months. 4. The cost of rectifying the damage: The cost of fencing the cattle out of the stream and establishing adequate buffers would be needed. Cost estimates from Spring 2007 state that fencing and stream crossings, along with providing an alternative watering source, would likely run at least $26,000. With today's cost it could be higher. • Assessment Factors Twiman Caudle Page 2 5. The amount of money saved by noncompliance: The initial costs of digging a well, installing stream crossings, fencing and watering devices along with the maintenance for almost two years. An estimate for a total package from the Yadkin Soil Water Conservation District listed at least $26,000.00 in BMPs needed at the Caudle Farm. (See attached) 6. Whether the violation was committed willfully or intentionally: The stream standard violation was neither willful nor intentional, however, knowing that there are water quality concerns and violations as a direct result of the cattle and choosing not to act to correct the problems could be considered intentional. 7. The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority: Notice of Violation - January 29, 2007 - Settleable Solids (up to seven inches of sediment in the stream). - At least 2000 linear feet of severe stream bank erosion. - Fecal coliform more than the stream standard of 200 colonies per 100 ml sample. Upstream was 130 col/100 ml while downstream was 3400 col/100 ml. 8. The costs to the State of the enforcement procedures. Investigator - 20 hours field time - 24 hours enforcement time $ 555.80 $ 66696 Sherri Knight - 1 hour for enforcement review $ 35.00 Mileage 365 miles @ 0.33 cents /mile $ 120.45 Samples' $ 470.23 Administrative Costs $ 100.00 Total Cost $1948.44 0 0 Assessment Factors Twiman Caudle Page 3 9. Type of Violator: Twiman Caudle operates a beef cattle operation. At the time of the December 2007 and January 2008 violations, there were at least 88 adult cattle on site. 10. Violator's degree of cooperation (including efforts to restore) or recalcitrance: Mr. Caudle was cooperative when dealing with DWQ representatives during this investigation, He allowed staff on the property to conduct the required sampling. He sought, but later turned down, any technical and financial assistance from the Yadkin Soil & Water District during this investigation. 11. Mitigating factors: None 12. Assessment factors: A. IWC ---- NA B. Receiving Stream ----- North Deep Creek/Cape Fear Basin C. SOC/JOC--------- NA D. Copy of MP Screen ----- NA E. Copy of Limits Page ---- NA F. Damage ------ Fecal Coliform Standards Violations Certification: I certify that the information in this report is true to the best of my knowledge. 03 a o Auzii" &A*-� (Date) Principal Inve tigator �N A jF Michael F. Easley, Governor `O�� 9Q�i • William G. Ross Jr., secretary ' North C1o0epartment of Environment and Natural Resources Alan W. Klimek, P.N., Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality January 29, 2007 CERTIFIED MAIL # 7004 2510 0002 2066 9682 RETURN RECEIPT REQUESTED Mr. Twiman Caudle 3101 Reece Road Boonville, NC 27011 SUBJECT: NOTICE OF VIOLATION Best Usage and Settleable Solids Stream Standard Violations Caudle Property, Parcel I.D. # 58-0900-2844-44 Yadkin County Dear Mr. Caudle: As the result of a complaint, Melissa Rosebrock from the Winston-Salem Regional Office of the Division of Water Quality conducted a site inspection on December 11, 2006, of the above property located along Abraham Road. Observations indicated that approximately 2000 linear feet of North Deep Creek, Class "C" waters, had been impacted by (1) severe streambank erosion caused by excessive cattle traffic, and (2) the deposition of sediment, up to seven inches in depth, in the State's surface waters caused by unstable streambanks. Photographs and stream samples were also obtained to document the stream impacts. Accordingly, the following violations of North Carolina's Environmental Laws are confirmed: (1) Removal of Best Usage - The stream impacts noted above constitute a violation of 15A NCAC 2B .0211 (2) which states: "The waters will be suitable as a source of water supply for drinking as well as aquatic life propagation and maintenance of biological integrity, wildlife, and secondary recreation, and agriculture; sources of water pollution which preclude any of these uses on either a short-term or long-term basis will be considered to be violating a water quality standard. " (2) Settleable Solids Violation - The deposition of solids to surface waters is a violation of 15A NCAC 2B .0211(3) which states: "Floating solids; settleable solids; sludge deposits: only such amounts attributable to sewage, industrial wastes or other wastes as will not make the water unsafe or unsuitable for aquatic life and wildlife or impair the waters of any designated uses. " No` Carolina Naturally N.C. Division of Water Quality 585 Waughtown street Winston-Salem, NC 27107 Phone: (336) 771-4600 Fax: (336) 771-4630 Customer Service 1(800) 623-7748 C1 Mr. Twiman Caudle January 29, 2007 Page 2 Stream samples were also obtained and analyzed for dissolved oxygen (DO), pH, specific conductance, nutrient levels, biochemical oxygen demand (BOD), turbidity, and fecal coliform. As the results below indicate, there were no violations of the State's water quality standards for DO, pH, or turbidity (there is no water quality standard for specific conductance, nutrients, or BOD). There is, however, the possibility for future violations, especially during rain events and as conditions deteriorate. *Note especially, that the fecal coliform level was highly elevated downstream from the cattle site. There is the expectation of a future fecal coliform violation should staff obtain five samples that result in greater than 200 colonies/100 mL: Upstream of Cattle Lot Downstream of Cattle Lot 1 Fecal coliform = 130 col/100 mL *Fecal coliform = 3400 col/100 mL 2 DO = 11.49 mg/L DO = 11.26 mg/L ' pH = 5.85 pH = 6.90 `Turbidity 29 NTU Turbidity = 35 NTU NH3 = .18 mg/L NH3 = 0.14 mg/L TKN = 0.55 mg/L TKN — L I mg/L NO2+NO3 = 0.46 mg/L NO2+NO3 = 0.49 mg/L Total P = 0.05 mg/L Total P = 0.22 mg/L Specific conductance = 68.6 µs Specific conductance = 66.5 ps BOD = 2.0 mg/L BOD = 9.6 mg/L t The NC water quality standard far fecal coliform is 200 colonies /100 ml (maximum, geometric mean of f ve consecutive .samples in 30 days). The NC water quality standard for dissolved oxygen in this stream is 4.0 mg/L (minimum, instantaneous) and not less than a daily average of 5.0 mg/L. 3 The NC water quality standard for pH is 6.0 - 9. 0 units. 4 The NC water quality standard for turbidity in this stream is 50 NTU (maximum). Required Response and Corrective Action The Division of Water Quality requires that the violations detailed above be abated immediately. These violations, and any future violations, are subject to a civil penalty assessment of up to $25,000 per day, per each violation. The Division of Water Quality requests that you respond in writing to this office within twenty (20) days of receipt of this Notice. Your response should include the following: 1. A plan detailing the restoring the impacted streams and adjoining riparian areas, including cattle exclusion. 2. A schedule indicating proposed completion dates. r Mr. Twiman Caudle January 29, 2007 Page 3 We ask that you give your immediate attention to this matter. - If you have questions concerning this Notice, please contact Melissa Rosebrock or me at (336) 771-5000. Sincerely, v Sherri V. Knight Regional Aquifer Protection Supervisor cc: Todd Bennett — APS Animal Feeding Operations Unit Yadkin County SWCD/NRCS Central Files SRO=b ti WArFA � y domr` 1< • 0 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E,, Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality CERTIFIED MAIL # 7004 2510 0002 2066 9880 February 7, 2008 RETURN RECEIPT REQUESTED Mr. Twiman Caudle 3101 Reece Road Boonville, NC 27011 SUBJECT: Notice of Violation ! Notice of Intent to Enforce Stream Standard Violations: Fecal Coliform, Other Wastes and Removal of Best Usage Caudle Property, Parcel ID #58-0900-2844-44 Facility #99-32, Permit Number AWD990032 Yadkin County Dear Mr. Caudle: As you are aware, staff of the Winston-Salem Regional Office Division of Water Quality (WSRO- DWQ) has visited your cattle farm on several occasions. A complaint investigation was first conducted by the Division on December 11, 2006 as a result of a complaint aiieging that your cattle had caused severe stream bank erosion and the deposition of sediment into North Deep Creek (Class C waters of the State). Our initial findings resulted in the issuance of a Notice of Violation (NOV) on January 29, 2007 for Removal of Best Usage and Settleable Solids Violations -The NOV documented severe stream bank erosion and the deposition of up to seven inches of sediment impacting at least 2000 linear feet of North Deep Creek due to excessive cattle traffic. This letter also warned of potential for future fecal coliform violations since one of the downstream samples resulted in 3400 colonies 1100 ML. Your written response to our initial NOV (received by our office February 21, 2007) stated that you would begin working with the Yadkin Soil and Water Conservation District (SWCD) to resolve the water quality violations. In fact, staff members from their office and DWQ met with you on -site March 19, 2007, to begin working towards a solution. You indicated to both agencies that you intended to exclude cattle from the stream as soon as passible. The Yadkin SWCD had approved up to $19,639 in Agricultural Cost Share Program money for the installation of a well, watering tanks, fencing, gates, etc, on your farm and was to provide technical assistance as well. Yadkin Soil and Water Conservation District records acknowledge that on May 9, 2007 you voluntarily signed a form stating that you did not wish to participate in the Agricultural Cost Share Program and did not want the technical or financial assistance offered by the Yadkin SWCD. Additionally, their office also documents that you did not seek their technical or financial assistance during the fall of 2007. As a result of your inaction, DWQ staff conducted follow-up inspections December 13, 17, and 20, 2007 and January 2 and 7, 2008 in order to document continuing water quality concerns. Fecal coliform o Caro a Naalur )) N.C. Division of Water Quality 585 Waughtown Street Winston-Salem, NC 27107 Phone: (336) 771-4600 Fax: (336) 771-4630 Customer Service 1(800) 623-7748 Caudill - NOV1NO1 February 7, 2008 Page 2 stream samples were obtained during each visit resulting in an upstream fecal coliform measurement of 138.09 colonies1100 ML while downstream fecal coliform measured 4,651.39 coloniesl100 ML. Both upstream and downstream results were calculated using the geometric mean of five samples obtained within 30 days. The downstream result is based upon individual results of: >60,000; 3200; 700; 2700; and >6000, respectively. As previously stated in our January 29, 2007 NOV, the NC water quality standard for fecal coliform is 200 colonies1100 ML (maximum). Be advised that the above referenced downstream sampling result of 4651.39 co11100 ML constitutes a North Carolina stream standard violation. In addition to fecal coliform, various other stream samples were obtained during December 2007 and January 2008 -and analyzed for dissolved oxygen (00), pH, specific conductance, turbidity, biochemical oxygen demand (BOO), and nutrient levels. Lab results indicate that there were no violations of the State's water quality standards for BOD, pH, or turbidity (to date, there is no water quality standard for specific conductance, nutrients or BOD). Visual observations indicate that a minimum of four inches of sediment has been deposited into North Deep Creek due to the impact from approximately 2000 linear feet of eroded stream banks. We also noted that at least 68 cattle havelhad access to the stream. Please be aware -that denuding stream banks and causing sedimentation to enter the State's surface waters violates North Carolina water quality standards for Best Usage and Other Wastes: Removal of Best Usage - The stream impacts noted above constitute a violation of 15A NCAC 2B .0211(2) that states: "The waters shall be suitable for aquatic life propagation and maintenance of biological integrity, wildlife, secondary recreation, and agriculture. Sources of water pollution which preclude any of these uses on either a short-term or long- term basis shall be considered to be violating a water quality standard." Other Wastes Violation - The deposition of solids to surface waters is a violation of 15A NCAC 2B .0211(3)(f) which states "Oils; deleterious substances; colored or other wastes (sediment): only such amounts as shall not render the waters injurious to public health, secondary recreation or to aquatic life and wildlife or adversely affect the palatability of fish, aesthetic quality or impair the waters for any designated uses. The above referenced stream standard violations for fecal coliform, removal of best usage and other wastes, are subject to civil penalties of up to $25,000 per day, per violation. The Winston-Salem Regional Office of the Division of Water Quality intends to pursue enforcement action through the Director for the referenced violations. if you have reason to believe that these violations were caused by events or circumstances beyond your control, you should include any such justification, along with your written response, to this Notice within ten (10) days of receipt of this letter to the address contained on this letterhead. Your response to this correspondence will be considered in this process. Caudill - NOWN01 February 7, 2008 Page3 If you any questions regarding these matters, you may contact Melissa Rosebrock or me at (336) 771-5000. Sincerely, �b -Y t� 5dv-&I'm . )� Sheen V. Knight Regional Aquifer Protection Section Supervisor cc: Dennis Lund — APS Animal Feeding Operations Unit Keith Larick —APS Animal Feeding Operations Unit Yadkin County SWCD/NRCS DWQ-APS Central Files WSRO Facility Files a 007 N.C. i' Dear Ms. Rosebrock, This letter is to inform you that I have an appointment, Wednesday, February 21, 2007 with Mr. Walker from Soil and Water Conservation in Yadkinville. He will be helping me in finding a resolution to the problem off of Abraham Road in Boonville, North Carolina. I also will be having surgery on February 26, 2007. Just as soon as we eome up with a solution I will contact you either by letter or phone, informing you on what we will do. Thank you, T wiman Caudle Winstanar�um Regional OfHos To whom it may concern, Feb.19,2008 It is a sad time, when the state feels they need to harass a 75 year old man whose cows have been on this farm for over 50 years, and drunk from the creek. Thanks to the state they have cut me off of my main grazing land, because they will not allow my cows to cross under the bridge on Abraham Rd. The state is getting ready to pave Abraham Rd. sometime, I guess this year, and I don't understand why they can't fix a pipe or something that my cows can cross in,or through to get to my main grazing land. My cows are not the only ones that drinks from the creek. I don't understand why the sediments are now higher than they were in 2006 and 2007 when the cows have been cut off from going in under the bridge since way before thanksgiving. Sounds kinda fishy to me. I also need to clear up one thing, I did not sign a letter with the county, that I would not participate in the assistance program, all I ask was for an extension to start back on it this fall, and they ask me to sign the paper stating that, that's what I did. Also I don't think that it is right that if they dig a well, and it a dry hole that I'm stuck paying that bill. I don't feel like it is fair for my Cows to be cut off of their main grazing pastures,) pay my taxes on my land every year and now you all are telling me I can't graze my cows, because they can't cross under the bridge for fear that a little poop will fall into the Creek.. I have plan to run a hot wire along the creek banks to keep the cows from going to the creek to drink, until we can figure a way to get my cows across the creek and under the bridge for them to graze, if not then I will have to sell them out, and I will not •#iye,t1Vm away, they will be sold when price goes up. 1 r`Aought I would see the day when our freedom,is slowly be taking away from us. All my life I havelried to make an honest living,but I guess maybe I would been better off to live off the state,then maybe I wouldn't have been harassed over this deal. Thank you, RECEIVED N.C, Dept. of ENR FEB 2 9 2w Winston-Salem Regional office • Feb. 212008 To whom it may concern: RECE�vEC N.C. G? ; FEB 2 5 2008 VYinSton•5aIOM ! Reglonal OffiC& This letter is in reference to my first letter, if weather perments, I am planning to have the fencing and waterers in by the end of the week of March 1', 2008, or before. Thank you, • RECEIVED 1P7 N.C. Not, of ENR DEC.18 2007 Winston Salem Regional QfFICe YADKIN SOIL & WATER CONSERVATION DISTRICT PO BOX 8 YADKINVILLE, NC 27055 336-679-8052 PHONE 336-679-3088 FAX Date: fi c�o� Re: �Norrth Carolina Agriculture Cost Share Contract Name : �oc G eZ CaU Contract #: Practice: I, Twiman Caudle, due to circumstances undisclosed, wish to not participate in the North Carolina Ag. Cost Share Program. I understand that a contract has been developed for my farm and I have been offered both technical assistance as well as financial assistance, but at this time I do not want to participate in the program. I hope that this money can be used to help another producer install best management practices on their farm. 9��a�7 Producer Signature Date adkin Soil and Water District Rep. Date RECEIVED Deat. of ENR NC DENR I DEC 18 2007 DSWC Winston-Salem Regional O`cP NORTH CAROLINA AGRICULTURE COST SHARE PROGRAM CONSERVATION PLAN OF OPERATION (CPO) NC-ACSP-11 (12198) NAME: Twiman Caudle ADDRESS: 3101 Reece Rd. Boonville, NC 27011-8305 AGREEMENT NUMBER 99-07-13-16 BMP ITEM NO. TRACT/ FIELD NO. PLANNED TREATMENT EST. AMOUNTS (UNITS) AVERAGE COST $ COST SHARE % ESTIMATED COST SHARE AND TIME SCHEDULE BY PROGRAM YEAR (INCLUDE OTHER -COST SHARED FUNDING SOURCES) PY 2007 PY PY 1 2069/ 16-27 Watering System Livestock Exclusion (non -electric) 4,800 $2.10 75% $7,560.00 Gates 6 85.00 75% $383.00 Well (75% of actual cost not to exceed $3,000.00 charge to NCACSP 1 $4,000 75% $3,000.00 Pump (75% of actual cost not to exceed $1,000.00 charge to NCACSP 1 $1,333 75% $1,000.00 Waterline 2,500 $1.75 75% . $3,281.00 Watering Tanks (75% of actual cost not to exceed $600.00 charge to NCACSP 5 $800 75% $3,000.00 Stone (20X20.5)x5 77 $18.00 75% $1040.00 Geotextiles (20x2O)x5 222 $2.25 75% $375.00 $19,639.00 L0,3 �1a (p+t 00S Technical Representative or Date _ �o� NC DENR NORTH CAROLINA AGRICULTURE COST SHARE PROGRAM DSWC CONSERVATION PLAN OF OPERATION (CPO) SUMMARY NC-ACSP-11A (08/2004) NAME: Twiman Caudle AGREEMENT NUMBER TOTAL ACRES ANIMAL TYPE AND ADDRESS: 3101 Reece Road AFFECTED NUMBER Boonville, NC 27011-8305 99-07-13-16 125 Beef Cow/Calf -75 TOTAL COST TOTAL CONTRACT AMOUNT BY FUNDING TOTAL SOIL LOSS TOTAL NUTRIENT TOTAL WASTE SOURCE (Enter Funding Code) REDUCTION LOSS REDUCTION MANAGED Regular ACSP TONSIYR LBSNR N LBSNR P LBSNR N LBSIYR P P205 $ $ 1$,985.00 $ $ 175 Highest level of design approval: FIELD OFFICE _X_ AREA OFFICE STATE OFFICE OTHER The Cooperator(s) has reviewed the Cost Share Agreement and CPO and agrees to apply the planned treatment according to the standards and specifications as approved by the Division of Soil and Water Conservation. Failure to carry out the un-numbered contract items (UN) does not constitute non-compliance with the contract. The Cooperator(s) agrees to maintain the striperopping system for 5 years, long term no -till for 5 years, nutrient management plan for 3 years, sod -based rotation for a minimum of months in sod, and all other practices for 10 years, except conservation tillage, which is an annual practice. . The Cooperator(s) also agrees to fully implement the Waste Management Plan (WMP) that is part of the CPO. CPO and payment are contingent on approval by NPS Section, Division of Soil and Water Conservation, NC DENR. Funding for this CPO is contingent upon final annual allocation of State funds to the -District. 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A - rU lflj4 l f Ul.'G� F_� r-•• J F - . 11 1 �y L 4r ':�- '•f-may+{ 1 yYi� Z _ '�$14: T�.1[.r:_ _. � �, �•=`•S -.�a vi-AT 0 -7 At IMF If 187.shp 97.shp r 1 LJ • 500 0 500 1000 1500 2000 2500 3000 350u 4uuu 45uu ouuu o3vu ouuu oovu ruvv rvvu o000 Fee LI '1'- - L '.\ YY�V' - - V�-a l..�Ii-_v_ I•�L•.. -- �L n+N*vf •ti_�i� J_�'r�"�1. 1C-!'� . �Y,,, ,'� ,0 Cw,� �I"%r !'� ' In in �3 � }l�- ,�^; y' ["�' ti� ET•',' `LAY � 4 '` ;�>.:1�"� .y �•`�.,4 y��t°�:1=•. �'r% • } '� ., r Y, il����, r^A• ���o � .,� v� �.+ •t�T��i'I , ',� le L,+� • Field Parameters, Sample Results, COCS Attachment F TRITEST December 18, 2007 CLIENT NAME CLIENT NUMBER SAMPLE NUMBER COLLECTED DATE RECEIVED DATE DESCRIPTION TEST FECAL COLIFORM CERTIFICATION # CERTIFIED BY: 0 CERTIFICATE OF ANALYSIS • NCDWQ-APS 800000 277350-01 277350-02 277350-03 12/13/07 12113107 12/13107 12/13107 12113107 12113107 CAUDLE CAUDLE CAUDLE UPSTREAM BRIDGE DOWNSTREAM UNITS RESULTS RESULTS RESULTS DATE #1100ML MORGAN TOWE NC 103 NC 37733 23 1900 ` >60000 12/13107 TEL: 336-766-7846 FAX: 336-766-2314 WEB: www.tritestinc.com 6300 Ramada Drive, Suite C2, Clemmons, North Carolina 27012 .. I 1 .-II... . TRITEST 6701 Conference Drive, Raleigh, NC 27607 ph: (919) 834-4984 fax: (919) 834-6497 NCWW Cert#67, NCDW Cerl#37731 Report Results To: Company: N C DW4 PS Address: 518 S l&.�)a.a q F-� A-o w n 5+ 1tJ i n tzrk n a. I wild1V �-- Attn: s5 a Ro 5 e- b ro LK— Phone: 331; .1 "1 1 • S X66 Fax: -711 r Iq Sled by (signature): —"Y `A 6 161,PfA�_ Chaim ofCustody Bill To: NC DEry Iz - Dw Tritest W.O.#, Project Reference: ca')J - - Project Number: Purchase Order #: ❑ Standard Report Delivery ❑ Rush Report Delivery (wr surcharge) —Rush PVSKAs a sAnd to prior aWw?I by the Wxmt-y Requested Due Date: a fe,DesCrtpitofl;' t C +•�. Start ba;e, per Timeim ?;F nd: a^..*�:'_ Date Tn lti4sutx ,2 - r e ,1YM'4=:,9'�S.t!� �,...y� Anaty�F3ec(uest � Tntest 5a a#: ?,?ems d� e-Got-i >t r �1 UoK; j 6 o t00 b I W. NFI -No J SM thi ReG fished ty (signaturej, Received (sign Lure) pate • )3-07 Time l 'l Re nqu ed by ( nawre) Rece' ture) Date Time Relinquished by (signature) Received by (signature) Date Time Receipt Conditions (Lab se Only) El4+2°C ❑ Temp: � °C Res. Chlorine QAbre—t' ❑ Present ❑ n/a Acid preserv. <2? ❑ Yes elgro ❑ n/a Base preserv. >12? 0 Yes ❑ No Report to: W J_WATER QUALITY SECTION PHAIN OF CUSTODY (COC) RECORD JC DENRIDWQ LABORATORY (check one): WCENTRAL I) ARO I I WaRO Page � of'__j_ For Investigation of: 010.V dt+r'{til Sample collector (print name) and DM-1 forms completed by: MGI� S4dl ILnS��rc�..1�- Sample collector's signatur . 4V VL .ri Field storage conditions and location (when applicable): Lab Use Only LAB NO. STATION NO. STATION LOCATION DATE SAMPLED TIME SAMPLED NUMBER OF CONTAINERS ` Oaudle �� 0_7 1�13 ' 46 R"qui,d by (signature : Date Time Re re : � ate Ti eDieRd y (signature): Date Time Received by (signature): Date Time Relinquished by (signature): Date Time Received by (signature): Date Time Method of Shipment (circle one): StaDCou'ri Hand -delivered Federal Express UPS Other Security Typ and Conditions: )4 4caled Q Broken b '%ry'�r 41, 1 ' r 1 r i •RECEIVED REQUESTED BY: ®� • • r i .b " �C wVQ Laboratory Section �esuCt.r Sample ID AB241369 ,�t1on ID: WSROSPNLC Collect Date: 12/13/2007 Loc. Descr.: CAUDLE UPSTREAM Collect Time:: 11:00 Visit ID CAS # Analyte Name PQL Result Qualifier Units Analyst) ate Approved By 1Date LAB Sample temperature at receipt by lab 1.3 'C DSAUNDERS JGOODWIN Method Reference 12/14107 12114/07 MIC BOD, 5-Day in liquid 2.0 2 U mg1L ADEXTER CGREEN Method Reference APHAS210B 12/14/07 12/21/07 Turbidity 1.0 7.3 NTU BSWANSON CGREEN Method Reference APHA213013-26th 12/14/07 12/17/07 NUT NH3 as N in liquid 0.02 0.10 . mg1L as N MOVERMAN CGREEN Method Reference LaC10-107-06-1-J 12114/07 12M7107 Total K]eldahl N as N in liquid 0.2 0.37 mglL as N GBELK . CGREEN Method Reference Lachat107-06-2-H 12R0107 1212i107 NO2+NO3 as N in liquid 0.02 0.29 mglL as N MOVERMAN CGREEN Method Reference Lac10-107-04-1-c 12/14/07 12/17/07 Phosphorus total as P in liquid 0.02 0.04 mglL as P MAJAYI CGREEN Method Reference Lac10.115.01-1EF 12/20/07 12/21107 S Laboratory Section>> 1623 Mail Service Center, Raleigh, NC 27699-1623 (919) 733-3908 Page 2 of 2 DNISION OF WATER QUALI oLool Chemistry Laboratory Report! Water Quality Lab Numb ""' ` r l • l - ❑ SAMPLE TYPE Date Received Time Received COUNTY RIVER BASIN'; PRIozM ❑ AMBIENT QA �--� i] k 1TREAM ❑ EFFLUENT Received By REPORT TO : LA-3 Regional Office WOMPLIANCE '�ct1AIN OF CUSTODY LAKE ❑ INFLUENT „ =�� of-o ,,• El EMERGENCY VISIT ID Q fL. ESTUARY Data Released Date COLLECTOR(S) : ' Aepw'ted ; Estimated HOD Range: Station Location:L}{� ' l eel: Chlorinated: Remarks: - Station M(Location Code Date Begin (yylmmfdd) Date End (yyfmmldd) Time Begin Time End Depth - DM, DH, DBM Valne Type - A, H, L Cumposite-T, S, Sample Type b1 1 DI 11 li =G0 -VC DWQ La6oratory Section Results ID sults AB2487C uLocation ID: WSROSPNLC Collect Date: 12/1312007 Loc. Descr.: CAUDLE BRIDGE Collect Time:: 11:20 Visit ID S # Analyte Name PQL Result . Qualifier Units Analyst/Date Approved By /Date LAB Sample temperature at receipt by lab 1.3 'C DSAUNDERS JGOODWW Method Reference 12/14/07 12114107 mic BOD, 5-Day in liquid 2.0 2 U mg1L ADEXTER CGREEN Method Reference APHA5210B 12/14/07 12t2lt07 Turbidity 1.0 6.8 NTU BSWANSON CGREEN . Method Reference APHA213013-20th 12/14/07 12M7107 NUT NH3 as N in liquid 0.02 0.06 mg/L as N MOVERMAN CGREEN Method Reference LaC10-107.06-1-J 12/14/07 12117107 Total Kjeldahl N as N in liquid 0.2 0.29 mg1L as N GBELK CGREEN Method Reference ' Larhat1074&2-H 12/20/07 12/21/07 NO2+NO3 as N in liquid 0.02 0.30 mglL as N MOVERMAN CGREEN Method Reference Lac10-107.04.1-c 12/14/07 12/17/07 Phosphorus_total as P in liquid 0.02 0.03 mg1L as P MAJAYI CGREEN Method Reference LaC10-115-01-tEF 12/20/07 12/21/117 • Laboratory Section» 1623 Mail Service Center, Raleigh, NC 27699-1623 (919) 733-3908 Page 2 of 2 �� la tot DIVISION OF WATER QUAL Chemistry Laboratory Report 1 Water Quality Leib Numb N N t ❑ PAMPLE TYPL Drte Received '� COUNTY Gllh 14 , Y ' PRIOT� Time Received RIVER BASIN : - ❑ AMBIENT ❑ QA , `Rt:AM ❑ EFFLUENT Received By REPORT TO [I-1 ,rj �� � Regional Office �COMPL[ANCE �CHAW OF CUSTODY ❑LAKE ❑ INFLUENT I Other ; ❑ EMERGENCY VISIT ID ❑ ESTUARY Datandeased COLLECTOR(S) : i' L { ® Date Reported: Estimated ROD Range; Station Location: C�l.+l—t.�� `✓��a�� Seed: Chlorinated: Remarks: . Sudan MlLocatioa Code Date Begin (yylrumldd) Date End (yylmm/dd) Time Begia lime End Dep[h - DM, DB, DJIM Value Type - A, 6-I, L Composite-Tt S, B Samp Trpt d� a o a N � 1 a0 a BOD 310 - my/L. Chloride 940 _ mglL _ COD Hiah 340 mu/L. - COD Low 335 m Chlorophyll a EPA 445.0 modified option v Coliform: MF Fecal 31616 /IOOmI Coliform: MF Total 3I504 1100ml Color: True 80 c.u, Coliform: gtbe Fecal 31615 1100m1 Color. (pH) 87 H= C.U. Coliform: Fecal Srrep 31673 1100m1 Color: pH 7.6 82 c.u, kesidue: Total 500 m Cyanide720 mg/L Volable505 m Fluoride951 mg/L Fixed 510 m Formaldehyde 71880 mg1L Residue: Suspended 530 HVL Grease and Oils 556 mg/L ' Volatile 535 m Hardness TotA 900 mg/L Fixed 540 m Spc6fic Cond. 95 - umboslcm H403 units MBAS38260 mg/L Acidity in pli 4.5 436 - mglL Phenyls 32730 ug/L Acidity to pH 8.3 435 ffisiL Sulfatt 945 m Alkalinity to off 8-3 415 mslL Sulfide 745 mrr/L 680 m Tannin & Li nin Pity 76 _ _ _ N711 Hcxavalent Chromium om Total Tube 1100 ml I Bicarbonate Dissolved NH3 as N 610 m KN an N 625 mgi1, 02 plus NO3 as N 630 mg11. : Total as P 665 mg1L PO4 as P 70507 mg1L P- Dissolved as P 666 K-Potassium m Cd-Cadmium 1027 U&IL Cr-Chromium:Total 1034 ug+L Cu- Copper 1042 ug/L Ni-Nickel 1067 ug/L Pb- Lead 1051 u Zn- Zinc 1097 usa V-Vanadium uglL AS- Sil, 1077 ug/L Al- Aluminum 1105 ve1L Be- Beryllium 1012 ug1L. Ca- Calcium 916 mg/L. Co- Cobalt 1037 uvL Fe- Iron 1045 ug/L Mo-Mo[ bdmunr vg/L Sb-Antimony ug1L Sn-Tin "VL- TI-Thallium ug/L Ti-Titanium ug/L Hg-1631 Li -Lithium 1132 ug/L Mg- Magnesium 927 mg1L Mn-Manganese 1055 Na- Sodium 929 mg1L Ars,enic:Tutal 1002 ug/L Se- Selenium 1147 ug/L ft Mercu 71900 Ba-Barium Or anochlorine. Pesticides o horns Pesticides Or anonitro err Pesticides Acid Herbicides BaseNeutral&Acid Extractable Organics TPH Dic l Range Pur eable Organics (VOA bottler 'd) TPH Gasoline Range TPWBTEX Gasoline R e Ph m lankurn Tun rc on vrivai (°C): DIVI WATER ITV Chemistry Laboratory Report l Water Quiliry Lab Nnm a SAMPLETYPE Date Rseei ed:D IMAl COUNTY RIVER BASIN : C-JA4j `v i` P�]R OR1TY AM8IENT QA ,�% STREAM EFFLUENT Received By Time Recrived A). REPORTTO ll�--�1�� RegionalOffiu COMPLIANCE IX I C14AINOF_CUSTODY LAKE INFLUENT Other ❑ EMERGENCY VISIT w ESTUARY Data Rcicaud COLLECTOR(S) i R l I Dace Reported w, /� , +d — ` F � e- �d �' Estimated BOD Rance: Station Location: `��yya ` 1 v r 1 ' . Seed: Chlorinated: Remarks: S an Y ioA Code Beta (yylmmldd) Dat. l;mldd Time' Time Ead Depth - DM, DB. DBM Value Type - A. H, L Composito-T, S, B S. mple Type �D.ate Q 0 BOD 310 mg/L COD High 340 mg/L COD Low 335 mg/L Coliform: MP Feral 31616 /100ml Coliform: MF Total 31504 /100ml Coliform: tube Feral 31615 1100ml Coliform: Fecal Strep 31673 /100ml Residue: Total 500 mg/L Volatile 505 mg/L Fixed $10 mg/L Residue: Suspended 530 mg/L, Volatile 535 mg/L Fixed 540 mg/L, pH 403 units Acidity to pH 4.5 436 mg/L Acidity to pH 8.3 435 mg/L Alkalinity to pH 8.3 415 mg/L Alkalinity to pH 4.5 4I0 mgtL TOC 680 mg/L Turbidity 76 NTU Coliform Total Tulle 1100 ml Chloride 940 Chlorophyll a EPA 445,0 modified option VL Color- True 80 Color, (pH ) 83 PH= C.U. Color: HT6 82 c.u. Cyanide 720 mglL Fluoride 951 Formaldehyde71880 mg/L Grease and Oils 556 mg/L. Hardness Total 900 ME! Specific Cond. 95 umhos/cm MBAS 38260 m - Phenols 32730 ug/L Sulfate 945 m Sulfide 745 Baron Tannin Sr Li nin ug/L Hcxavalcnt Chromium u Bicarbonate mg/L Carbonate m Total Dissolved Solids mg/L ZUM-N610 mg/L TKN an N 625 mg/L NO2 plus NO3 as N 630 mg/L- P; Tmal as P 665 mg/L PO4 a P 70507 mSiL P: Dissolved as P 666 m K-Potassium m Cd-Cadmium 1027 u Cr-Chromium:Total 1034 ug/L Cu- Ca 1042 uld- Ni-Nirkel I067 ugn- Pb- Lead I051 . ug/l, Zn• Zlne 1092 u V-Vanadium u At Silvvr 1077 U81 Al- Alumim,m 1105 u Be -Beryllium 1012 u Ca- Calcium 916 m Co- Cobalt 1037 u Fe- &on 1045 u Mo-Molybdenum u Sb-Antimony uwL Sr. -Tin u TI-Thallium ull Ti-Tiutnium u H -1631 n Li -Lithium 1132 u M - Magnesium 927 m Mn-Manganese 10$5 uWL Na- Sodium 929 m Arscoic,Tota11002 u Se -Selenium 1147 ug/L Hs. Mermcy 719M uki Ba• Barium ug/L 2r mtaehtorine Pmicides Or ophos horns Pesticide Organonitrogm Pesticides Acid Herbicides Base/Neutral&Acid Extractable Or snies TPH Diesel Ran e Pur able Organics(VOA bottler 'd TPH Gasoline Ran e TPHIBTEX Gasoline Range Phy lankton Teen rem arrival )' TRITEST December 18, 2007 CLIENT NAME CLIENT NUMBER SAMPLE NUMBER COLLECTED DATE RECEIVED DATE DESCRIPTION TEST C CERTIFICATE OF ANALYSIS NCDWQ-APS 800000 277384-01 277384-02 12/17107 12117/07 12/17107 12117107 CAUDLE CAUDLE UPSTREAM DOWNSTREAM UNITS RESULTS RESULTS FECAL COLIFORM #1100ML CERTIFICATION # NC 103 NC 37733 450 3200 DATE 12117/07 CERTIFIED BY: MORGAN TOWE TEL: 336-766-7846 FAX: 336-766-2314 WEB: www.tritestinc.com 6300 Ramada Drive, Suite C2, Clemmons, North Carolina 27012 TRITEST 6701 Conference Drive, Raleigh, NC 27607 ph: (919) 834-4984 fax: (919) 834-6497 NCWW Cen#67. NCDW Cen#37731 Chi ofCustody Report Results To: Bill To: Company:. Address: Attn:�1L,a`� PW Fax: - y Sampled by (signature)` L .r 1 L�4 Tritest Project Reference: Project Number: Purchase Order #: ❑ Standard Report Delivery ❑ Rush Report Delivery (w1 stircharge) "Rush projects me s&4&a to PnDr *",w l try #* tsamat«y Requested Due Date: Sarnple DAscnptlorl<_Ce nw! c 1 StaYtrtte _ l=ndtDate MaVi Analyses Reg1$iested s= W11 riplj? 00- R- s - w2vi (signature) Relinquished by I Relinquished by (signature) Rec ed re) Date Time } Receipt Conditions (La se Only) y +-'� 7.O ! El4±2°C El Temp: °C Received by signature) Dale Tome _ Res. Chlorine P-Absent ❑ Present ❑ nla Received by (signature) Date -rime Acid preserv. <2? ❑ Yes l�No ❑ln/a Base preserv. > 12? ❑ Yes ❑ No t'J nla TRITEST . 6701 Conference Drive, Raleigh, NC 27607 ph:-(919) 834-4984 fax: (919) 834-6497 NCWW Cert#67, NCDW Cert037731 chi ofcustody Report Results To: Bill To: Company:_C-1Ci• -' �iLN ✓ GIBE 1�J Address: r.5 ocwakTCt n C2 7110`% T� Attn:�- PF &e: -7 1 i — 5 Icy Fax: Tritest W.O.# Project Reference: Project Number: Purchase Order #: ❑ Standard Report Delivery Rush Report Delivery (wl surcharge) "Rush p,,+ s are s,"— M n;n arrrewal M H. tafwa:nv Sled by (signature): J; i !t J0 Requested Due Date: T_ Ayolil'scrtpttcln`°'"° nw .: ,' °�;. ,, is�G..e =Stait(ba1e` Marime s nd"hate Erne iNatr)x n..� AnaiysesRequested M—'x �$ -'rkx -�` rM EN ;,a ITnteste aSa3�te nq Xb -i�. Cq � l F � 1 Co l I f6 rry l Oq T W qw S &rIqUISE y;signature) 1 Received by (signature) ��qq i�Ci* Date d �� Time Receipt Conditions (Lab Use Only) ❑ 4+2°C ❑ Temp: �' Q - °C Res. Chlorine ❑ Absent ❑ Present ❑ nla Acid preserv. c2? ❑ Yes El No n No !a Base preserv_a12? ❑ Yes ❑ No ❑ n/a eU' ui ed� (signature} Received by (signature) Date Time Relsnqu6hed by (s gnature) Received by (signature) Date Time J16TEST: www,tritestint.com . i CERTIFICATE OF ANALYSIS January 3, 2008 CLIENT NAME NCDWQ-APS CLIENT NUMBER 800000 SAMPLE NUMBER 277601-01 277.601-02 COLLECTED DATE 112108 112108 RECEIVED] DATE 112108 • 112108 DESCRIPTION CAUDLE CAUDLE .. UPSTREAM . DOWNSTREAM - :'-TEST UNITS RESULTS RESULTS DATE. FECAL COLIFORM .#1100ML 700 2700 '. 112108 CERTIFICATION # ' NC 103 NC.37733 CERTIFIED BY: MORGAN TOWS Gordon- '1N �8411 Suite C2,C lemons,�C 27012 Ph2{Drive,Raleigh,NC t rene 27607' 6300 Ramada Dr,, 91639793,Fax910)3439688 6701'Coof Ph: (919) 834-4984, Fax::(919) 834-6497 Ph. (336) 766-7846, Fax: (336) 766-2514 TRITEST 6701 Conference Drive, Raleigh, NC 27607 ph, (919) 834-4984 fax:(919) 834-6497 NCWW Cert#67, NCDW Cer1R37731 Report Results To: Company: Address: l, Attn: r Phone: Sampled I ianChof Custody Bill To: ► DER —LAAJC2 Tritest W.O"#. Project Reference: G6wd Project Number: Purchase Order #: ❑ Standard Report Delivery ❑ Rush Report Delivery (wi surcharge) "Rush paiacts am sugect to Prw aW&M by ure btcratory Requested Due Date: $8unijitkDggsFrptronrN SiKa" meffid_= la.'m.t.-a,.�.�; ' na[yseReW-%�7 iff x! -, tz-.tio ��,20� ISO r-e,&AI Coif �lrnl '7c� D �, ' l� D Li�i `'� t2 • {S5 2'.5 —5 J i -� Ins, � �)Wg k 211. r� e, w%m " Ref wish by signature) Received by (signature) Date tj�-/off Tune f3�fd R."nq 'sired by signature) Received by (signature) Date Time Relinquished by (signature) Received by (signature) Date Time Receipt Conditions (Lab Use Only) ❑ 4+2°C ❑ Temp: C Res. Chlorine ❑ Absent ❑ Present ❑ rda Acid preserv. a2? ❑ Yes ❑ No ❑ n/a Base preserv. >12? ❑ Yes 0 No 0 nla TRiTEST'.--. www.tritestinu.com CERTIFICATE OF ANALYSIS January 9, 2008 . CLIENT NAME NCDWQ-APS CLIENT NUMBER 800000 SAMPLE NUMBER 277658-01 277658-02 . COLLECTED DATE 117108 117108 RECEIVED DATE 117108 117108 DESCRIPTION' CAUDLE CAUDLE UPSTREAM -DOWNSTREAM PROPERTY LINE PROPERTY LINE TEST UNITS RESULTS RESULTS DATE FECAL COLIFORM #1100ML 210 >6000 117108 CERTIFICATION # NC 103 NC 37733 CERTIFIED BY: MORGAN TOWE 6701 Conference Drive, Raleigh, NC 27607 ' 6300 Ramada D.r., Suite C2, Clemmons, NC 27012 6624 Gordon Road, Unit G, Wilmington, NC 28411 Ph: (919) 834-4984, Fax: (919} 834=6497 Ph: (336) 766-7846, Fax: (336) 766-2514 Ph: (910) 763-9793, Fax: (910) 343r9688 TRiTEST Chain of Custody Tritest W.O. N 6701 Conference Drive, Raleigh, NC 27607 ph: (919) 834.4984, fax: (919) 834.6497 NCWW Cert#67, NCDW Cert#37731 ] 6624 Gordon Road, Unit G, Wilmington, NC 28411 ph: (910) 763-9793, fax: (910) 343-9688 NCWW Cert475, NCDW Cert#37721 1`6300 Ramada Dr., Suite C2, Clemmons, NC 27012 ph: (336) 766-7846, fax; (336) 766-2514 NCWW Cert4103, NCDW Cert#37733 eport Results To: Bill To: ompany:.N_C. D W Q — l�} S �C EN %P—"- Jdress: o v) _ s✓ Q n tn:P �[S�X�1COca1nol� Ip� tmpled by (signature): r Project Reference: ��1,� \-e— Project Number: Purchase Order #: ❑ Standard Report Delivery ❑ Rush Report Delivery (w/surcharge) —Rush projects are subject to prior approval by the laboratory Requested Due Date: ample'Descr€"#ion ;ca'ti �o . Start Datet. !S[aiiTma, �EiitiDateMetnx ,End 71tn aw s 6w Analyses t3equestetl :r « -• `� ?�r < $.$ �0. P a#-r T• JAN?, -TANS a$ S W e C Co �a r% €. 1 O. C3 j4�M1� JrNN 1, o AN 05 SG rr ®R, r!c ' o n �" 011-1, ,SJ h q ishe y signature) ve by ign tore) L�D Date L Time squished by (signature) ive (sig by nature) Date Time Iquished by (signature) Received by (signature) Date Time Receipt Conditions (Lab U Only) ❑ 4t2°C ❑ Temp: � .c Res. Chlorine: bsent ❑ Present ❑ nla Acid preserv. <21 ❑ Yes o ❑ n/a Base preserv. >12? ❑ Yes 0 No n/a R Tritest, Inc. EZE.VED P.Q. Box 33190 Gate Raleigh, NC 27636 k a. vt %' 1212612007 Phone # (919) 834-4984 Please return one copy of invoice and remit payment to: Tritest, Inc. A finance charge of 1.5% (18% annually) will be assessed to invoices over 30 days. Invoice Invoice # 8161 Fax # (919) 834-6497 Tritest, Inc. P.O. Box 33190 Raleigh, NC 27636 Bill To NCDENR-DWQ Attn: Wendy Sposto 1617 Mail Service Ctr Raleigh, NC 27699 i I � Sl'.rr� r?i�r1t. Sli �545'. y DEL . n ,I � tjdia37.3n-seism � R,1910;181 dffica Please return one copy of invoice and remit payment to: Tritest, Inc. A finance charge of 1.5% (1 B% annually) will be assessed to invoices over 30 days. Invoice` RECEIVED'' ..Tritest, Inc. Dn-lit,of2A; � Invoice P.O. Box 33190 iAW g Raleigh, NC 27636 Date Invoice # srrirstonSatan•. ingic�nr10"r,:r; 1/9/2008 8334 Phone # Fax # (919) 834-4984 (919) 834-6497 I Bill To E NCDENR - DWQ Attn: Wendy Sposto 1617 Mail Service Ctr Raleigh, NC 27699 Sample Number(s) Client Number P.O. Number Terms 277601 800000 NCDWQ APS, C... Net 30 Quantity Description Rate Amount 2 Fecal Coliforms 17.00 34.00 It's been a pleasure working with you! Total $34.00 Balance Due $34.00 Please return one copy of invoice and remit payment to: Tritest, Inc. A finance charge of 1.5% (18% annually) will be assessed to invoices over 30 days. 'ritest, Inc. P.O. Box 33190 Raleigh, NC 27636 Bill To NCDENR -DWQ Attn: Wendy Sposto 1617 Mail Service Ctr Raleigh, NC 27699 RECEIVt=ti of E11R : 1'ring:on•Satem nefj+cnal ice Please return one copy of invoice and remit payment to: Tritest, Inc. A finance charge of 1.5% (18% annually) will be assessed to invoices over 30 days. • Invoice Date invoice # 1/16/2008 8346 Phone # Fax # (919)834-4984 (919)834-6497 Analytical Costs for NCDWQ Lastory Page 1 of 2 0 u O GARGAR NfC pARAMETERS� f;F< ��"Water,�So11dTlssOe�.i w P $5.88 ACIDITY $12.25 ALKALINITY $12.25 SOD (5 DAY) $18.11 $36.21 BOO (LONGTERM) $48.28 COD $15.43 $30.85 TOTAL RESIDUE $9.60 SUSPENDED RESIDUE $9.86 FECAL MF $17.75 TOTAL MF $21.00 FECAL TUBE $25.25 TOTAL TUBE $26,25 TOC $26,25 TURBIDITY $11.25 BICARBONATE $12.25 BORON $18.13 $24.17 BROMIDE $16.25 $20.77 CARBONATE $12.25 CARBON DIOXIDE $12.25 CHLORIDE $11.25 $28.13 CHLOROPYLL $48.75 HEXAVALENT CHROMIUM $23.75 COLOR P-C $13.13 COLOR AtOMI $56.25 COLOR SPEC $135.00 CYANIDE $23.89 DISSOLVED SOLIDS $9.96 $29.90 FLUORIDE (DIRECT) $12.86 FLUORIDE (DISTILLED) $31.50 $42.00 FORMALDEHYDE $112.50 HARDNESS $11.00 HARDNESS (NON -GARB) $10.97 MBAS $26.25 OIL & GREASE $34,29 $38.40 PHENOL $21.00 SILICA $16.13 SPECIFIC CONDUCTANCE $8.50 SULFATE $13.82 $27.65 SULFIDE $14.68 NUtr���S • AMMONIA $14.00 $28.00 NITRATE + NITRITE $18.37 $36.74 NITRATE $10.07 $32.14 NITRITE $14.14 $28.28 • TOTAL KJELDAHL $16,39 $59,00 i�illMltxi�� . TOTAL PHOSPHORUS $16,29 $48.85 ORTHOPHOSPHATE $14.68 $44.00 " Solid includes sediments, soils and sludge(residuals) ALUMINUM $11.67 $29,18 $17.51 CADMIUM $11.67 $29.18 $17.51 CHROMIUM $11.67 $29.18 $17,51 3/6/2008 Staff Enforcement Cost Worksheet - FY 2007 Staff Name Monthly Annual Social - Retirement Insurance Longevity Longevity Total Enf. Salary Salary Security Percent Salary Salary Melissa Rosebrock $3,795.50 $45,546.00 $3,484.27 $3,566.26 $4,183.00 2.25% $1,024.79 $27.79 $0.00 $0.00 $0.00 $4,183.00 $0.00 $2.01 $0.00 $0.00 $0.00 $4,183.00 $0.00 $2.01 $0.00 $0.00 $0.00 $4,183.00 $0.00 $2.01 $0.00 $0.00 $0.00 $4,183.00 $0.00 $2.01 $0.00 $0.00 $0.00 $4,183.00 $0.00 $2.01 $0.00 $0.00 $0.00 $4,183.00 $0.00 $2.01 $0.00 $0.00 $0.00 $4,183.00 $0.00 $2.01 $0.00 $0.00 $0.00 $4,183.00 $0.00 $2.01 $0.00 $0.00 $0.00 $4,183.00 $0.00 $2.01 $0.00 $0.00 $0.00 $4,183.00 $0.00 $2.01 $0.00 $0.00 $0.00 $4,183.00 $0.00 $2.01 $0.00 $0.00 $0.00 $4,183.00 $0.00 $2.01 Notes, Current as of 11/29/2007. To use, insert monthly salary and longevity (as a decimal) to calculate the total enforcement salary as an hourly rate (assume a 2080 working hours per year) . Longevity - see below 0-9 years 0.00% 10-14 years 1.50% 15-19 years 2.25% 20-24 years 3.25%, >25 years 4.50% Social Security calculated at 7.65% of annual salary Retirement calculated at 7.83% of annual salary (employers contribution) Medical insurance based upon 12 month contribution, currently $4,183 �J 0 Div of water Quality Fax:9197339919 h • May 2 2007 9:26 P.01 State of North Carolina Department of Environment and Natural Resources Division of.water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director NCDENR NORTH CAROLINA 0EPARTMEN'T OF EwRONMENT AND NATURAL RESOURCES WATER QUALITY SECTION POINT SOURCE COMPLIANCE/ENFORCEMFNT LTnT FAX NUMBER: (919) 733-9919 TELECOPYTO: l.Gtt�/ aasinger FAX NUMBER: 3 3 L - l -) J - W o - FROM: Bob Sledge PHONE: (919) 733-5083, extension 547 NUMBER OF PAGES INCLUDING THIS SHEET: 2 CON.CMENTS: C X;N a f Ied 10W,Ai emit 4geled /e &Ggaor 1 1liI, a j6 !jI I�r/ �/ee J �4 AACeA�iA7—t(. 1t �r° � _Al�y . /' A J I o CAf*iee�a.4 card. 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Telephone 919-733.7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Div of water Quality Fax:9197339919 May 2 2007 9:26 P.02 :LASS, VEHICLE TYPE MINIMUM MILES RATE PER MINIMUM PER MONTH MILE PER MONTH CS4 Sundance, Civic (CNG) 1050 miles @ 0.25 262.50 M54 Breeze, Ciera, Acclaim, Insight (ges/electric) 1050 miles 0.25 262.50 Prius (Hybrid), Civic (Hybrid), Clrrus j C04 Escape 40 (Hybrid) 1050 mites Q 0.33 346.50 M04 Gea Tracker 1050 miles @ 0,33 346.60 Ms6 E-85 Taurus, Stratus, Malibu 1050 miles @ 0,26 273,00 MW6 Taurus, Cutlass 1050 miles @ 0.26 273.00 ML6 Lumine 1050 miles @ 0.32 336-00 FS6 Intrepid 6 cylinder), E-85 Taurus (2001.2005) 1050'miles (gl : 0,28 284,00 FS8 Caprice 1050 miles Q 0.26 273.00 PSB Crown Victoria, Crown Vic (CNG) 1050 miler. @ 0.30 315.00 XS8-6 Caprice (Executive) 10SO miles 0.26 273.00 XS8_6 Crown Victoria, Olds 88 (EXBCutive) 1050 miles @ 0,32 336.00 FL6 Impala 1050 miles @ 0.32 336.00 Fl_8 Caprice 1050 miles @ 0.26 273.00 F1.8 Crown Victoria 1050 miles ® 0.33 346.50 MP6 Aerostar, Venture, E-85 Caravan 1050 miles 0.26 273.00 XPB 15-Passenger Van 1050 miles {q2 0.35 367.50 FCB 314 Ton Cargo Van 1050 miles @ 0.31 325.50 XC8 314 Ton or greaser Cargo Van 1050 miles @ 0.33 346.50 COS Liberty 1050 miles @ 0.33 346.50 M06 blazer, Cherokee, Explorer 4x4 1050 miles ® ,0.33 346.50 M08 Explorar 1060 miles (9 0.33 346.50 FOB Tahoe, Bronco, Blazer. Durango 40 1050 miles @ 0.40 346.50 M76 E-85 Ranger; S-10 Pick-up 1050 miles @ 0.32 420.00 FT8 Ford, Chevrolet, Pick-up, 2/4 Ton Bi Fuel) 1050 miles @ 0.34 336,00 X08 Suburban, Expedition 4x4 1050 miles I @ 0,40 357.00 XT8 1Ton or Larger Truck, Box Truck Mail) 1050 miles @ 0.40 420.00 Bus 1 D1ese1 Bus 1050 m'sles @ 0.42 441.00 MTO S-10 Electric Truck 1050 irtiles i @ 0.32 336,00 Cdumn 15 the size oiveftle (vehicle make subject to change with model year and eva113biiiV.. C = Compaci Size M = 0d Size F = Full Size X c. LeNof Shan full raze, Equip Third Column is the number of cylinders: d = 4 C)tinders 6 a 6 Cylinders 8 = 8 Cylindars Therefore an MS4 is a MID -SIZE sedan 4 cylinders Second Column is the type of vehicle: S = Sadao L = Law Enforce-e-t C = Cargo Carrying WG Station Wagon O = Off Road P = Passenger Carrying T - Truck �`- (Rev DSIM5) http://www.graftacs,com/geomean.php3 Number o€points Geometric mean 138.09 Standard deviation 29035 Minimum value 23.00 0 Geometric Mean Calculator Results Arithmetic mear Maximum value Sum of points Equation is C7A 283.20 700.00 Graphs are currently not available. 1416,00 Horton's Geometric Mean Calculator flv Revised 03/21 /2007 Enter 2 to 100 values. Do not leave blanks between values. NEED HELP? v�sTr��r�m POINT G 1: l! �J POINT 62: POINT 63: POINT 64: POINT 65: Q POINT 66: � PO1NT 67: � POINT 68: -Su www.gra ftacs. coin http://www.graftacs.com/geomean.pbp3 0 Geometric Mean Calculator Results Number of points L� �I Arithmetic mean I 14520.00 Geometric mean 465 I.39 Standard deviakion 25494.45 Maximum value 1 60000.00 Sum of points 72600.00 Minimum value 700.00 11 Equation is y=-10850.00 x+47070.00 Horton's Geometric Mean Calculator Revised 03/21/2007 Enter 2 to 100 values. Do not leave blanks between values. NEED HELP? -�o\0N5TP—CAM POINT 1: L Odd POINT 2: ��(� POINT 3:FF � POINT 5: POINT 6: POINT 7: �. POINT 8: U POINT 9: = POINT 10: POINT 11: POINT 12: POINT 13: � POINT I4: U POINT 15: � POINT 16: POINT 17: POINT 18: POINT 19: POINT 20: POINT 21: � POINT 22: ��l POINT 23: � POINT 24: POINT 25: � POINT 2b: � POINT 27: � POINT 28: POLN'C 29: ©POINT 30: ©POINT 31: � POINT 32:. POINT 33: � POINT 34: � POINT 35: I' � POINT 3b: POINT 37: POINT 3$: POINT 39: �, POINT 40: POINT 41; ll POINT 42: it �J POINT 43: POINT 44: POINT 45: � POINT 4b: � POINT 47: a PO]NT 48: POINT 49: � POINT 50: � POINT 51: � POINT 52: POINT 53: � POINT 54: � POINT 55: f!....-1 P41NT 56: POINT 57: f �� POINT 58: �� POINT 59: ��� POINT 60: POINT 61: L� POINT 62: � } POINT 63: �� POINT 64: POINT 65: �� POINT 6b: � PO[NT 67: �� POINT 68: POINT 69: � POINT 70: � POINT 71: I' � POINT 72: POINT 73: � POINT 74; � POINT 75: � POINT 76: POINT 77: �� POINT 78: � POINT 79: � POINT 80: POINT 81: � POINT 82: � POINT $3: � POINT 84: POINT 85: L�..�_J POINT 86: L�___I POINT 87: L�- l POINT 88: POINT 89: L J POINT 90: � POINT 91: L I POINT 92: L�J POINT 93: P I POINT 94: 41 � POINT 95: ©POINT 9b: POINT 97: � POINT 98: ©POINT 99: � � POINT 100: ::.submit;; �K'�eset 'k www. ra tacs. com r 02/04/2009 14.15 RTTOMtY GENERAL a 913367687666 ' NG.603 P02 fr .. STATE OF NORTH CAROLINA IN THE OFFICE OF ADMINISTRATIVE HEARINGS COUNTY OF YADKIN 08 EHR 1623 TWIMAN CAUDLE, Petitioner, BM SETTLEMENT AGREEMENT NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, DIVISION OF WATER QUALITY, Respondent. The North Carolina Department of Environment and Natural Resources ("DENR"), Respondent and Tv iman Caudle ("Petitioner"), hereby enter into this Settlement Agreement ("Agreement") in order to amicably resolve matters in controversy as it relates to the civil penalty assessment. This matter arose out of the assessment of civil penalties and costs totaling four thousand, nine hundred forty-eight dollars and forty-four cents ($4,948.44), imposed upon Petitioner on May 30, 2008, for alleged violations of North Carolina General Statutes § 143-215.1 et seq and General Permit conditions on number AWD990032. matter: DENR and the Petitioner have reached the following settlement agreement in this 1. Petitiaaer shall pay the Settlement Amount of one thousand nine hundred forty-eight dollars and forty-four cents ($1,948.44), for investigative costs, plus three 02/04/2009 14:12 ATTORNEY GENERAL 4 913367667666 NO.602 P03 hundred dollars ($300.00), a total of two thousand, two hundred forty-eight dollars And forty- four cents ($2,248.44), to DENR for settlement in t e manner hereinafter described. The Settlement Amount shall be made withi 5(80) days of the execution of the Agreement. " 2. The Petitioner shallknstall fencing'andis to be install no more than thirty (30) V C40A5t.C7>.C_ _; 1a, days after the executi on pp ofthe Agreement, unless otherwise approved by Melissa Rosebrock. 11/tL. 4 The crossing tld�be no wider than twenty (20) feet and is to be install as__ more than ninety" , (90) days after the execution of the Agreement ( ee attachment A included hereto and herein). ALL o F 7?� Sly- P� i� j ,jfil �-� Cb Aro M Ah•�h x✓ eb Ay,o r Co l wj 7oF W tnt- A'DN.bf "m &'q—A AMMIM W90D /Vb 0 1 N 10 "S � w hA95 k, . � r 3. 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: Anita, Le`,Teaux Assistant Attorney General Attorney General's Office Environmental Protection Division Post Office Box 629 Raleigh, NC 27602-0629 4. The breach of any condition of Paragraphs one through three by Petitioner will render due and payable the entire amount of the civil penalty assessment, i. e., four thousand, nine hundred forty-eight dollars and forty-four cents ($4,948.44). S. Petitioner and DENR expressly stipulate and acknowledge that, by entering into this Agreement, Petitioner neither admits nor denies the allegations contained in the Findings and Decisions and Assessment of Civil Penalties; however, upon a breach of 2 02/04/2009 14:12 ATTORNEY GENERAL 4 913367687666 N0.602 PO4 paragraph one through three of this Agreement, by Petitioner, the sole issue in any action by DENR is to collect the Entire amount of the civil penalty assessment; i.e., four thousand, nine hundred forty-eight dollars and forty-four cents (S4,948.44), in accordance with the terms ofparagraph one through three above and will be limited to the Petitioner's compliance with the terms of this Agreement. 6. DENR agrees to accept the payment of two thousand, two hundred forty-eight dollars and forty-four cents ($2,248.44), in complete satisfaction of the civil penalty assessment subject to the terms of this Agreement. 7. Nothing in this Agreement shall restrict any right of DENR to tzke any enforcement action against Petitioner for any future violations; i.e., violations occurring after May 30, 2408. 8. The State and Twiman Caudle agree that, forpurposes of any future bankruptcy proceeding, this Agreement is not intended as, rior shall itbe deemed to constitute, a novation of any claims asserted by the State against Twiman Caudle. Twiman Caudle further agrees that all sums payable to the State pursuant to this Agreement are nondischarge able in bankruptcy under 11 U.&C. § 523. Nothing in this Agreement releases any nondischargeability claims that may be asserted by the State in any bankruptcy proceeding, and nothing in this Agreement shall be deemed a waiver of the State 's right to rely on the nature of any claim or debt released in this Agreement to show that the claim or debt is nondischargeable. 3 02/04/2009 14:12 ATTORNEY GENERAL a 913367687666 NO.602 P05 0 This Agreement shall be binding upon the parties and is entered into knowingly, intelligently, and voluntarily. This the VA day of February, 2009. FOR THE DIVISION OF WATER PETITIONER: QUALITY Melissa Rosebrock on behalf of DENR Twiman Caude DENR, Water Quality Date: o� APPROVEDJAORM: Anita LeVeaux, Attorney for -espondent Assistant Attorney General N. C. Department of Justice Environmental Division Post Office Box 629 Raleigh, NC 27602-0629 (919) 716-6600 Date: Z 4 Date: W77. 5�Da s 4Ed Powell, A o'mey for Petitioner Date: - - 0-�— �� 0 f Alma -._._. mm,� NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue, Governor Dee Freeman, Secretary FAX TRANSMITTAL SHEET TO: �O re— �90(,V) 5 FROM: COMPANY: �L_xDC� PAGES: �S_ (Including cover sheet) FAX NUMBER: 3<9 DATE: 02l1 Q 9 RE: ❑ Urgent ❑ For Review L� Information ❑ Please Reply x Per Your Request COMMENTS: 585 Waughtown Street, Winston-Salem, North Carolina 27107-2241 Phone: 336-771-50001 FAX: 336-771-4631 1 Internet: www,enr.state.nc.us/FNR/ NorthCarolina Aaturallbl An Equal Opportunity ! Affirmative Action Employer - 50 % Recycled 110 % Post Consumer Paper - NC�EIVR North Carolina Department of Environment and !Natural Resources Beverly Eaves Perdue. Governor Dee Freeman, Secretary FAX TRANSMITTAL SHEET TO: I d r�-- q V O i rl 5 FROM: COMPANY: PAC3ES: s�;;- (Including cover sheet) FAX NUMBER: 38Cc Q F> r2 S DATE: - o'i- RE: 0 Urgent ro For R4avlow Information O Ploa®a Haply Par Your Raquost r COMMENTS: uv11�**o�v--\ L' c Vl d �ta SLR k l'� w'--e- -t --- 585 Waughtown Street, Winston-Salem. North Carolina 27107-2241 Phone: 336-771-5000 \ FAX: 336-771-4631 \ Internet: www.enr.stale.no-us/ENR/ AP 1jq-1 OPPOrtUIMy / Alrlrt fta A,t— Ehlpby— I e30 % RI YOffld1 10 % Pu{r Cons —r Pwpgr + SOILON X1 MASs830ns UMLOU ENSO: ZWVN UMLOH : T'ON M TS:OT 60,-O-ZU NIL NO S TS:OT ET'ZO OS:OT ET'ZO S • 9Z869MUT6 8 OS:OT EV ZO 9SZ C Caro a "-M;Wlr SCUVIS IMS SHU NIL MIS RXII LEVIS SHOD 1=00 Oil RIK • oN ��z� 1UOdSU N.OISSINSNYHI 22i0InaW t - T. Caudle vs. Division of Water Quality Mediation Awo,!5�vrAFebruary 4, 2009 Install 20-30 ft. wide stream crossing Install electric fence in "dashed" - - - - sections. here according to NRCS Standards. MMR 2/2/09 T. Caudle vs. Division of Water Quality Mediation February 4, 2009 [Tlil low Move electric fence back V another 15 ft. to exclude cattle .... , «q. from this 20 ft—wide wet area. 17 h f a f ' prk Add electric wire fencing from top of stream bank to existing fence along road to allow for controlled access. Newly installed electric fence. x d � M F Mar) created by Yadkin County & Northwest Piedmont Yadkin County Assum4s no Leila! Mponsibitity for the data on COG. this map Pir:ose check w th oNimd source to verify data. Install 20-30 ft. wide stream crossing here according to NRCS Standards 0 Install electric fence in "dashed" - - - - sections. J V` r WAR 2/2/49� l owe ,� r �� • • ATTORNEYS EDME C. MITCHELL KARA 4UADLAND HELMS LAW OFFICES MITCHELL & HELMS, P. C. A PROFESSIONAL CORPORATION 110 OAKWOOD DRIVE SUITE 410 WINSTON-SALEM, NORTH CAROLINA 27103-1834 Federal Tax ID No. 56-1767309 MEDIATED SETTLEMENT CONFERENCE SUPERIOR COURT MEDIATION vS FHft / 6 7-3 Re: T v. Nc-Q6NR Administrative Fee Iot,a1 Time Spent in Mediation Conference L� Hours Minutes @ $200.00 Per Hour Plaintiff's Portion Defendant's Portion !;L- 04 - 0'3 DATE Total Fee $200.00 1900,00 $ f Q0 0 $ 5 o-0 $45v EDDIE C. MITCHELL, Mediator TELEPHONE (336) 725-9597 FAX (336) 725.6662 • 0 O�QF W A 7Fi9QG Beverly Eaves Perdue, Governor Dee Freeman, Secretary rNorth Carolina Department of Environment and Natural Resources Q Coleen H. Sullins, Director Division of Water Quality MEMORANDUM TO: Melissa Rosebrock FROM: Ted Bush, Chief, Aquifer Protection Sec on g4 DATE: February 3, 2009 RE: Delegation of Authority In keeping with the Division's organization and in order to simplify and speed up the processing of permits, certifications, and other approval documents, I am hereby delegating the following authority to you. This Delegation of Authority is effective today: 1. To agree to and sign any documents in my absence for a settlement agreement regarding Aquifer Protection Section Case Number SS-2008-0004, assessed to Twiman Caudle. Please note that I am not delegating any other authority at this time. This delegation shall remain in effect until February 28, 2009. cc: Anita LeVeaux Sherri Knight Keith Larick One P Carolina 'Natimalliv Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699.1636 Phone (919) 733-3221 Customer Service Internet: www.ncNYateraualitv.org 2728 Capital Blvd. Raleigh, NC 27604 Fax (919) 715-0598 1-877-623-6748 An Equal OpportunitylAfiirmative Action Employer— 50% RecycledM0% Past Consumer Paper RE: Twinman Caudle Mediation in Winsto leon 2-4-09 Subject: RE: Twinman Caudle Mediation in Winston-Salem on 2-4-09 From: "LeVeaux, Anita" <ALEVEAUX@ncdoj.gov> Date: Tue, 27 Jan 2009 09:19:01 -0500 To: "Ted L. Bush, Jr." <ted. bush@ncmail. net>, <Melissa. Rosebrock@NCmail. net>, "Walker, Jason - Yadkinville, NC" <jason.walker@nc.nacdnet.net> CC: "Moses, Sharlene" <smoses@ncdoj.gov> Sorry Ted ... I was so concerned with the supervisor's mtg. that I didn't address your question. Everyone, this formal mediation will begin on February 4th at 9:30 AM at 110 Oakwood Drive in Winston-Salem, 27103 at the office of the mediator, Ed Mitchell (336-725-9597). I believe the drive is about 1.5-2hrs. Ted, I will be standing outside the front of my office at 7:30AM. Is that okay? Melissa is my drive time correct. Also, can we get together by way of a conference call to talk about this case? Tomorrow AM, afternoon, Thursday? What works for you guys? Thanks all. Anita �ob�A,,, qo �v FILED ORRICE OF ADMINISTRATIVE HEARINGS Da 12 12 Or PM 2W8 STATE OF NORTH CAROLINA IN THE OFFICE OF ADMINISTRATIVE HEARINGS COUNTY OF YADKIN 08 EHR 1623 Twiman Caudle ) Petitioner ) VS. ) NOTICE OF HEARING } N. C. Department of Environment and } Natural Resources, Division of Water Quality ) Respondent ) NOTICE IS HEREBY GIVEN that the above -captioned case will be brought on for hearing before the undersigned administrative law judge as follows: DATE: February 10, 2009 TIME: 9:00 AM PLACE: Iredell County Courthouse Courtroom B 201 East Water Street Statesville, North Carolina This hearing will be conducted in accordance with G.S. Chapter 150D and the Rules of Contested Case Hearings in the Office of Administrative Hearings, copies of which may be obtained at cost from Molly Masich, Director of APA Services or by accessing the OAH Web page at http://www.oah.state.nc.us/hearings/##Chapter3. 2. Unless otherwise determined by the administrative law judge, the hearing will proceed in the following sequence: a. Call of the case b. Motions and other preliminary matters c. Stipulations, agreements, or consent orders entered into the record d. Opening statements e. Presentation of evidence; cross-examination f. Final arguments 3. All parties are hereby notified to bring to the hearing all documents, records, and witnesses needed to present the parry's case. NOTE: IF SPECIAL EQUIPMENT IS REQUIRED FOR THE PRESENTATION OF EVIDENCE, THE PARTIES ARE RESPONSIBLE FOR MAKING ARRANGEMENTS FOR THE EQUIPMENT. 4. Subpoenas may be available to the parties pursuant to 26 NCAC 3.0113 to compel the attendance of witnesses or for the production of documents. 5. A party may represent himself orbe represented by an attorney. All incorporated parties must be represented by an attorney. A party who is represented -by an attorney must file a Notice of Representatiomwithin 10 days of service of this Notice containing the name, address, and telephone number of the attorney, unless the attorney has already corresponded with this Office concerning this case. TAKE NOTICE THAT A FAILURE TO APPEAR AT THE HEARING MAY RESULT IN: 1. A finding that the allegations of or the issues set out in this Notice may be taken as true or deemed proved without further evidence; 2. Dismissal of the case or allowance of the motion or petition; 3. Suppression of a claim or defense; or 4. Exclusion of evidence. NOTICE OF CANCELLATION OF HEARING THE PARTIES MUST NOTIFY THE OFFICE OF ADMINISTRATIVE HEARINGS AT LEAST 24 HOURS PRIOR TO THE CANCELLATION OF THE CONTESTED CASE HEARING. FAILURE TO GIVE TIMELY NOTICE OF CANCELLATION MAY RESULT IN A CHARGE TO THE PARTIES FOR THE COST OF THE COURT REPORTER OR HEARING ASSISTANT. SEE 26 NCAC 3 .0123(i). This Notice of Hearing is served in accordance with G.S. 150B-23(b)and (c) and satisfies the statutory requirement for 15-day.notice prior to the hearing of a contested case. This the 12th day of December; 2008. A�K4-(W-e- AAe I Beecher R. Gray Administrative Law Judge A copy of the foregoing was mailed to: Edward L. Powell Melvin and Powell 4400 Silas Creek Parkway Suite 200 Park West Winston Salem, NC 27104 ATTORNEY FOR PETITIONER Anita LeVeaux Assistant Attorney General NC Department of Justice 9001 Mail Service Center Raleigh, NC 27699-9001 _ ATTORNEY FOR RESPONDENT This the 12th day of December, 2008. Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 (919) 431 3000 Fax: (919) 431-3100 -WED } 1y r c! ni FNri I JUL o zap SENDER: COMPLETErHis SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1, 2, and 3. Also complete A. Signature hem 4 If Restricted Delivery Is desired. X ■ Print your name and address on the reverse ivh f e e so that we can return the card to you. S. Reoetve r by (AInted Name) C. -Date of De11va ■ Attach this card to the back of the mailplece, t� or on the front If space permits. 12 U'i S I D. Is delivery addressdlffereM m t? 0 Y n + t— If YES, enter delivery address ❑ No 1.,Article Addressed to: C7 f 0C Mr. Twiman Caudle -'�=©'� Twiman Caudle Farm 3101 Reece Road Booneville NC 27011 t s. service Type ❑Certifiedfied Mai] ❑Express Mail . ❑ Registered ❑ Retum Receipt for Merchandise ❑ InS&ed Mail © C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7006 2150 0003 5466 6885 (Transfer from service label) .PS Form 3811, August 2001 Domestic. Return Receipt 2ACPRI-03•x-09e5 a � UNITED STATES►-i,t "?',. Pai USPS f�a r s Vr; • Sender: Please print your name, aaare55, ano Lir4 111 un5 r NC DEPARTMENT OF ENV & NATURAL RESOURCES DIVISION OF WAFER QUALITY AQUIFER PROTECTION SECTION 1636 MAIL SERVICE CENTER RALEIGH NC 27699-1636 ECEIVED 1 DENR 1 DAQ ,quifer Protection Section ` AIN, 1.0,M09, ;�:s� ltrltl),rrirll�;1EL�liltrtrrllrli,,r�ilr�llrrltl„ItlrrrrHrl Correspondence Profile Cover Sheet Page 1 of I Ifflo.owu A&egs.e NCDEi;i�R Correspondence Tracking System Summary Petition for a Contested Case Hearing: Twiman Caudle v. DWQ Received 07/03/2008 via Letter Legal issue for Mary Penny Thompson Issued 07/02/2008 by Edward L. Powell of Attorney for Petitioner- _..............w__...........� _�.__...._.__...._ '._....._.... **For Recipient Use Only **._._.�_.__........._.....__.�_.__.__........_..._.......... To: Date: I I Respond By: Please: Prepare a reply for my signature and return to me. Reply, noting the letter was referred to you by me. ` Prepare a reply for the Governor's signature and return to me. Reply, noting the letter was referred to you by the Governor. For your information. Take appropriate action Note and file. Note and return to me. Note and see me about this. Your comments and/or recommendations. 'Copy to Secretary's Office Remarks http://ibeam.enr.state.nc.us/os/dts/print.do?dispatch=crsdProfile&id-2b 18 7/4/2008 CEASE PRINT!;LEARLY flit "TYPE STATE OF NORTH CAROLINA J��� � �U COUNTY OF YADKIN TWIMAN CAUDLE JUL S 2008 PETITIONER V, N. C DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, DIVISION OF WATER QUALITY RESPONDENT. (The State agency or board about which you arc complaining) IN THE OFFICE OF ADMINISTRATIVE HEARINGS ptnoqW. IE"JT 111E;t'�`l %!- RK0Urj0EMT1T1ON FOR A CONTESTED CASE HEARING I hereby ask for a contested case hearing as provided for by North Carolina General Statute ¢ 1 SOB-23 because the Respondent has: (Briefly state facts showing how you believe you have been harmed by the State agency or oard.) Petitioner has been assessed a civil penalty in the amount of $4,948.44. for alleged violations of I5A NCACO2B. 02b11(3j(c) by conducting or controlling an activity causing the concentration of fecal coliform bacteria in surface water to exceed the water quality standards. Petitioner has been a cattle and tobacco farmer in Yadkin County. He has had cattle on his farm in Yadkin County in the Reece Road area for over SO.ycars. At the Rresent time, he has approximately 88 beef cattle in his pastures. He has never had any problems with anyone whatsoever concerning his cattle, and is cattle have not caused any problems to anyone. He Itas never had any water quality problems in his are and his farm has never caused any fill kills or any harm to the environment whatsoever until these allegations. The penalty is clearly excessive and arbitrary and capricious in relation to the slight alleged harm. The penalty assessed does not bear any reasonableness to the slight alleged offense, Petitioner's rights of due process have ban violated as Petitioner has had no opportunity to present any evidence in his behalf prior to the assessment of the penalty. (If more space is needed, attach additional pages.) (4) Because of these facts, the State agency or board has: (check at least one from each column) deprived me of property; —X_exceeded its authority or jurisdiction; _X ordered me to pay a fine or civil penalty; or X act.4 erroneously; _X,otherwise substantially prejudiced my rights; AND _X_failed to use proper procedure; _X_acted arbitrarily or capriciously; or _X---failed to act as requited by law or rule. (5) Date: July 2, 2009) Your phone number: ( 3315 ) 765-7896 (7) Print your fail address: Suite 200 Park West. 4400 Silas Creek Parkway, Winston-Satem, NC 04 (8) Print your name: Edward i .yoe4ll, Attorney for N1tit f /_ / / (9) Your signature: You must mail or deliver a COPY of this Petition to the State agency or board named on line (3) of this form. You should contact the agency or board to determine the name of the person to be served. CERTIFICATE OF SERVICE I certify that this Petition has been served on the State agency or board named below by depositing a copy of it with the United States Postal Service with sufficient postage affixed OR by delivering it to the named agency or board: (10) Ms. Mary Penny Thompson, Registered Agent NC Department of Environment and Natural Resources (12) 1601 Mail Service Center Raleigh, NC 27699-1601 (strut sddreWp.o. box) (airy) istatc) (zip code) (13) This the 2' day of July, 2008. H-06 (11199) • • (14) (your signature) When you have completed this form, you MUST mail "or deliver the ORIGINAL AND ONE COPY to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. H-06 (1 i199) RE: Twiman Caudle Subject: RE: Twiman Caudle From: edward powell <edwardpowell@hotmail.com> Date: Thu, 3 Jul 2008 15:15:04 -0400 To: <melissa.rosebrock@ncmail.net> Ms. Rosebrock, Thank you for your help. Out of an abundance of precaution, I filed a Petition for Wearing before the OAW to make sure that we were within the 30 day timeframe. Best regards. Ed Powell > Date: Thu, 3 Jul 2008 14:59:17 -0400 > From: Melissa,Rosebrock@ncmail.net > To: edwardpowell@hotmail.com > CC: Miressa.Garoma@ncmail.net; Sherri.Knight@ncmail.net > Subject: Twiman Caudle > Mr. Powell, > Although I have not seen the "green card" for myself, our database > confirms that Mr. Caudle received an "Assessment of Civil Penalties" > letter (dated May 30, 2008) on June 9, 2008. The letter instructs Mr. > Caudle to respond within 30 days of receipt of the letter, which would > make it July 9, 2008. > If you have further questions, please contact me at the number below or > Miressa Garoma at 919.715.6937. > Regards, > Melissa Rosebrock > Melissa Rosebrock > Environmental Specialist > NC DENR Winston-Salem Regional Office > Division of Water Quality - Aquifer Protection Section > 585 Waughtown Street > Winston-Salem, NC 27107 > Voice: (336) 771-5289 > FAX: (336) 771-4630 I _r, v'ItIAA0I.-Ie MA Caudle Correspondence Subject: Caudle Correspondence From: Stephen Berry <Stephen.Berry@ncnnai1.net> Date: Fri, 27 .)tin 2008 15:39:09 -0400 To: Melissa Rosebrock <Melissa.Rosebrocic ri nernail.net> CC`: Sherri Knight <Sherri.Knightnncrrrail.net>, edwardpowell@hotmail.com Melissa, I received a phone call on 06/27/2008 at a little after 3pm, from an attorney, Ed Powell, representing Twiman Caudle. Mr. Powell inquired as to when the facility (Mr. Caudle) received the penalty letter and wanted to know the response timeline. I was unable to locate the file, but did locate the dates entered into BIMS. I advised Mr. Powell that our database showed a received date of 06/0912008, a response due date of 07/09/2008, and that these dates may or may not be accurate. I encouraged Mr. Powell to contact you next week to insure these dates were correct. If possible, please send Mr. Powell an email (edwardpowell(a)-hotmaii.com) or a phone call (765-7886) verifying these dates. Thanks, Stephen Berry NC DENR Winston-Salem Regional Office Division of Water Quality, Aquifer Protection Section 585 Waughtown Street Winston-Salem, NC 27107 Voice; (336) 771-5288 FAX: (336) 771-4631 Stephen Bern! <;Stephen.Berry 5,NCmail.net> Environmental Senior.Technician Division of Water Quality, Aquifer Protection Section NC DENR "f' I Ann/,)nnQ c)•,?7 e nn s J C • adkin County NORM CAROINA t: Roads ® ly. Il:�ilylr Fkd Z. Parcels Vh N. Aerials 2001 ff "� - 1{ � ✓ V111,� x ����eeee ?,m�,� e " y _ .,"••may W ,' " t � 1 d v S �x < t 'i n, y. „ a http:l/maps.nwpcog.org/Freeance/Cl ient/Publ icKiosk i /printFrame. htrrtl 0 Selected Parcels Feature General Information NC P IN 580900284444 Tax Card Tax Card Acres 83.9 Owner Information Owner Name CAUDLE TWIMAN Owner Name 2 Owner Address 3101 REECE RD Owner Address City BOONVILLE State NC Zip Code 27011 Property Information Phyical Address 3101 REECE RD Deed Book 95 Deed Page 181 Deed Sale 2000 is i T. Caudle vs. Division of Water Quality Mediation February 4, 2009 Move electric fence back another 15 ft. to exclude cattle from this 20 ft. wide wet area. M1 ftaa�is t' fRmdZagq + r.. �arnr54s �e§i:BSp 2001 E Add electric wire fencing from top of stream bank to ' existing fence along road to allow for controlled access. Newly installed electric fence. . • • data on Map • a .• a • Piedmonta •s data. COG, this map. Pleaso• Install 20-30 ft. wide stream crossing Isere according to NRCS Standards. Install electric fence in "dashed" - - - - sections. MMR 2/2/09 a http: //maps.nwpeog.arg/Freeance/Cl ient/Pubi icKi osk i /index.htrW?appconfiVYadkinG[SSite2 i • .adkin. 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Map created by Yadkin County & Northwest Piedmont Yadkin County Assumes no legal responsibility for the data on I COG. this map. Please check with original source to verify data. ,A/ ROadr- 0FkdZ. El Parcels Munic4mritias Aerials 2007 0 adkin, County NOM CAROUNA Y, r �d Map created by Yadkin County & Northwest Piedmont Yadkin County Assumes no legal responsibility for the data on COG. I this map. Please check with original source to verify data. // Roads Contour Index (404ioat) Contour Lines (24eet) Flood Z. Parcels Municipalities Aerials 2007 I 0 CJ NATURAL RESOURCES CONSERVATION SERVICE CONSERVATION PRACTICE STANDARD STREAM CROSSING (No-) CODE 578 DEFINITION A stabilized area or structure constructed across a stream to provide a travel way for people, livestock, equipment, or vehicles. PURPOSE ■ Improve water quality by reducing sediment, nutrient, organic, and inorganic loading of the stream. ■ Reduce streambank and streambed erosion. • Provide crossing for access to another land unit. CONDITIONS WHERE PRACTICE APPLIES This practice applies to all land uses where an intermittent or perennial watercourse exists and a ford, bridge, or culvert type crossing is desired for livestock, people, and for equipment. CRITERIA Location. Stream crossings shall be located in areas where the streambed is stable, where grade control can be provided to create a stable condition, or upstream of where a natural barrier such as a rock seam or large boulder exists. Avoid sites where channel grade or alignment changes abruptly, excessive seepage or instability is evident, overfalls exist, or large tributaries enter the stream. Wetland areas shall be avoided to the maximum extent possible. Cuts and fills in wetlands and the waters of the United States 578 - 1 will require permits. Consult the Army Corps of Engineers and the North Carolina State Division of Water Quality and Department of Environment and Natural Resources for permit requirements. Locate crossings, where possible, out of shady riparian areas to discourage cattle loafing time in the stream. Stream crossings shall provide a way for normal passage of water, fish and other aquatic animals within the channel during all seasons of the year. Crossings shall be installed perpendicular to the direction of the flow of the stream. • Skews shall be avoided on all but the smallest streams. Stream crossings shall not be installed in a newly located or constructed channel. Access Roads. Where high rates of erosion of the adjacent roadways that slope towards the crossing threaten to deliver an excessive amount of sediment to the drainage, install measures to minimize erosion of the roadside ditch, road surface, and/or cut slopes. Where the stream crossing is installed as part of a roadway, the crossing shall be in accordance with NRCS Conservation Practice Standard, 560, Access Road, Width. The stream crossing shall provide an adequate travel -way width for the intended use. A multi -use stream crossing shall have a travel -way no less than 10 feet wide. Width shall be measured from the upstream end to the downstream end of the stream crossing and shall not include the side slopes. Crossings shall be no more than 20 feet wide. Side Slopes. All cuts and fills for the stream crossing shall have side slopes that are stable Conservation practice standards are reviewed periodically, and updated if needed To obtain the current version of this standard, contact the Natural Resources Conservation Service. NRCS, NC September 2004 0 578 - 2 for the soil involved. Side slopes of earth cuts or fills shall be no steeper than 2 horizontal to 1 vertical. Rock cuts or fills shall be no steeper than 1.5 horizontal to 1 vertical. Stream Approaches. Approaches to the stream crossing shall blend with existing site conditions where possible, and shall not be steeper than 5 horizontal to 1 vertical. Unless the foundation geology is otherwise acceptable, the approaches shall be stable, have a gradual ascent or descent grade, and be underlain with suitable material, as necessary, to withstand repeated and long term use. The minimum width of the approaches shall be equal to the width of the crossing surface. Minimum length of the approaches shall be 20 feet. Surface runoff shall be diverted around the approaches to prevent erosion of the approaches. Roadside ditches shall be directed into a diversion or away from the crossing surface. Rock. All rock shalt be chosen to withstand exposure to air, water, freezing and thawing. When rock is used, it shall be sufficiently large and dense so that it is not mobilized by design flood flows. Fencing. Areas adjacent to the stream crossing shall be permanently fenced or, otherwise excluded, as needed, to manage livestock access to the crossing. When stream crossings are in pasture fields, a gate will be installed at the entrance of the crossing to prevent continuous livestock access to the stream, as needed. Cross -stream fencing at fords shall be accomplished with breakaway wire, swinging floodgates, hanging electrified chain or other devices to allow the passage of floodwater debris during high flows. All fencing shall be designed and constructed in accordance with NRCS Conservation Practice Standard 382, Fence, Vegetation. All areas to be vegetated shall be planted as soon as practical after construction. Use NRCS Conservation Practice Standard 342, Critical Area Planting, as appropriate, to establish vegetation. NRCS, NC September 2004 Criteria for Culvert and Bridge Crossings Design of culverts and bridges shall be consistent with sound engineering principles and shall be adequate for the use, type of road, or class of vehicle. Culverts and bridges shall have sufficient capacity to convey the design flow without appreciably altering the stream flow characteristics. Culverts shall be sized to handle at least the bankfull flow or the peak runoff from the 2- year, 24-hour peak discharge, whichever is less. Crossings shall be adequately protected so that out -of -bank flows safely bypass without structure or streambank damage, or erosion of the crossing fill. Additional culverts may be used at various elevations to maintain terrace or floodpiain hydraulics. The length of the culvert shall be adequate to extend the full width of the crossing, including side slopes. At least one culvert pipe shall be placed on or below grade with the existing stream bottom. Acceptable culvert materials include concrete, corrugated metal, corrugated plastic, new or used high quality steel and other materials approved -by the engineer. Acceptable bridge materials include concrete, steel, and wood. c Criteria for Ford Crossings When ford crossings are used, the cross - sectional area of the crossing shall not be less than the natural channel cross -sectional area. A portion of the crossing shall be depressed at or below the average stream bottom elevation when needed to keep base flows or low flows concentrated. Cutoff walls shall be provided at the upstream and downstream edges of ford -type stream crossings when needed to protect against undercutting. The finished top surface of the ford type stream crossing in the bottom of the watercourse shall be no higher than the original stream bottom at the upstream edge of the ford crossing. 4f the downstream edge of the ford crossing is above the original stream bottom, the ford crossing shall be stabilized in accordance with NRCS Conservation Practice Standard 584, Stream Channel Stabilization, • • Where rock is used for ford type stream crossings for livestock, use a hoof contact zone or alternative surfacing method over the surfacing rock. Concrete Fords Concrete ford crossings shall be used only where the foundation of the stream crossing is determined to have adequate bearing strength Concrete shall have a minimum compressive strength of 3,000 psi at 28 days. Concrete ford crossings shall have a minimum thickness of placed concrete of 5 inches with minimum reinforcement of 6-inch by 6-inch, 6 gauge welded wire fabric. The concrete slab shall be poured on a minimum 4-inch thick rock base, unless the foundation is otherwise acceptable. Precast concrete panels may be used in lieu of cast -in -place concrete slabs. Precast concrete units shall comply with ACl 525 or 533, or as otherwise acceptable for local conditions. When heavy equipment loads are anticipated, the concrete slab shall be designed using an appropriate procedure as described in American Concrete Institute, ACI 360, Design of Slabs on Grade. Geocell and/or Rock Ford Crossinqs Rock ford crossings with geotextile shall be used when the site has a soft or unstable subgrade. Ford crossings made of stabilizing material such as rock riprap are often used in steep areas subject to flash flooding, where normal flow is shallow or intermittent. The bed of the channel shall be excavated to the necessary depth and width, below potential scout lines, and covered with geotextile material. The geotextile material shall be installed on the excavated surface of the ford and shall extend across the bottom of the stream and at least up to the 10-year, 24-hour peak discharge elevation. Where stream channels are composed of stable coarse rock material or solid bedrock, the requirement to extend the geotextile across the channel bottom may be waived upon written approval of the area engineer. Cutoff trenches shall be installed along the upper ends of entrance and exit ramps and on both the upstream and downstream sides of the stream crossing. The downstream trench 578 - 3 may be omitted on crossings with drainage areas less than 300 acres. The geotextile material shall be covered with at least 8 inches of coarse aggregate meeting the approximate gradation requirements of NCDOT for ABC coarse aggregate. Washed stone or gravel shall be used in streams designated as NC Designated Public Mountain Trout Waters and their upper tributaries. If using geocells, the cells shall be at least 6 inches deep. All geosynthetic material shall be suitably durable and shall be installed in accordance with the manufacturer's recommendations, including the use of staples, clips and anchor pins. At minimum, all rock ford stream crossings shall be designed to remain stable during the 10-year, 24-hour peak discharge. CONSIDERATIONS Avoid or minimize stream crossings, when possible, through evaluation of alternative trail or travel -way locations. Ford crossings have the least detrimental impact on water quality when crossing is infrequent. Ford crossings are adapted for crossing wide, shallow watercourses with firm streambeds. Stream crossings should be located where adverse environmental impacts will be minimized and considering the fallowing: • Effects on up -stream and down -stream flow conditions that could result in increases in erosion, deposition, or flooding. • Short term and construction -related effects on water quality. • . Effects on fish passage and wildlife habitats. • Effects on cultural.resources. • Overall effect on erosion and sedimentation that will be caused by the installation of the crossing and any necessary stream diversion. Where stream crossings are used, evaluate the need for safety measures such as NRCS, NC September 2004 i. 0 578 - 4 guardrails at culvert or bridge crossing, or water depth signage at ford crossings. PLANS AND SPECIFICATIONS Plans and specifications for stream crossings shall be in keeping with this standard and shall describe the requirements for applying the practice to achieve its intended purpose. OPERATION AND MAINTENANCE An operation and maintenance plan shall be developed and implemented for the life of the practice. All stream crossings, appurtenances, and associated fences shall be inspected at least annually and after each major storm event with repairs made as needed. NRCS, NC September 2004 V • • NATURAL RESOURCES CONSERVATION SERVICE CONSERVATION PRACTICE SPECIFICATION STREAM CROSSING (FORD CROSSINGS) (No.) CODE 578 CLEARING All trees and brush shall be removed from the area before excavation starts The foundation shall be cleared of all stumps, roots, brush, sod, and other debris.. All waste materials shall be disposed of in a sightly and workmanlike manner in designated areas out of the natural floodway. FOUNDATION EXCAVATION All material shall be removed from the, foundation of the stream crossing to the depths, widths, and lengths required by the design. Excavation may be limited to one side of the stream at a time in order to facilitate diversion of the stream. 1t may be advantageous to divert the stream flows around the site using a pipe or ditch or to temporarily impound the stream during construction. Trenches shall be excavated along the upper ends of entrance and exit'ramps and on both the upstream and downstream sides of the stream crossing for geotextile installation. GEOTEXTILES A geotextile (fabric filter cloth) shall be installed under the entire crossing as well as in the toe trenches. In the S578 - 1 upstream toe trenches, the geotextile shall be back lapped over its own trench. The geotextile shall be a non -woven needle -punched material with a minimum tensile strength of 120 lbs. (minimum average roll value). The geotextile shall be placed on a grade parallel to the natural streambed prior to construction. The geotextile shall be toed into the trenches and the trenches backfilled with course stable soil or crushed stone. Longitudinal ends of the geotextile shall be lapped back over the top of the backfill toe trench a minimum of one foot beyond the edge of the trench and anchored to the fabric using anchoring pins placed on five foot centers. When more that one width of geotextile is required, the downstream panel shall be installed first. The next upstream panel shall be installed with a minimum of 18 inches overlap over the first section. Anchoring pins shall be installed on three foot centers six inches from the downstream edge of the lap, Pins shall penetrate both sections of geotextile in the lap. See Form NC- ENG-45 for typical example. Tears should be repaired immediately by removing all surface material and soil from the tear for minimum distance NRCS, NC September 2004 A • to S578 - 4 of 18 inches in all directions of the tear Spread a new section of geotextile material over the cleared area and anchor with anchoring pins around all sides. ANCHORING PINS Anchoring pins shall be fabricated using No. 3 reinforcing steel or material of equivalent or greater size and durability and shaped as shown on Form NC-ENG-45. All pins shall be installed with the top width lying perpendicular (at right angles) to the direction of flow in the stream. Pins shall be driven vertically into undisturbed soil to provide maximum resistance to removal. Anchoring pins shall be installed through all overlapped fabric and across the width of the channel bottom on approximately three foot centers. The minimum number of anchoring pins to be used shall be as shown in Table 1. Table 1. Minimum Number of Anchoring Rns Re<juired Number of Fabric St, rios Factor Times Total Across Channel Length of Crossing 1 0.85 2 1.30 Example. Stream crossing 80 feet in total length using two adjacent strips of fabric for a crossing width of 20 feet. Minimum number of pins is 1.3 times 80 feet for a total of 104 pins. Specify 110 anchoring pins. Care should be taken not to rip the fabric while installing pins. Pins should NRCS, NC September 2004 be sharpened to permit easy penetration through fabric through a small opening. Fabric will fit tightly around anchoring pins with sharpened ends. If a pin must be removed for any reason, plug the opening created by the pin with a wadded ball of geotextile. Light weight wire staples such as used to anchor mulch netting may be used to hold the geotextile in place temporarily while construction is in progress. Such. staples are not adequate to provide permanent anchoring of the geotextile. SURFACING MATERIAL Acceptable material consisting of coarse sands and/or gravel, if present in the foundation excavation, may be stockpiled for later use in the toe trenches or on the roadway. Large washed stone or creek gravel may be used to prepare a foundation for the geotextile in unstable soils. Coarse stone may be used as a subgrade filler between the geotextile and the surfacing material. The surface of the crossing shall consist of a layer, a minimum of 8 inches thick, of course aggregate meeting the approximate gradation requirements of the North Carolina DOT for ABC course aggregate. Washed stone or gravel shall be used in streams designated as North Carolina Designated Public Mountain Trout Waters and their upper tributaries. Surfacing material will be spread such that a minimum of six inches of cover exists on the geotextile before tracked equipment is operated over it. Failure to cover the cloth with an adequate layer of stone at sites with fine sand or • 0 non -plastic silts and clays may result in the creation of "mud bubbles" in the geotextile. FINISH GRADES AND SLOPES Crossings shall be no less than 10 feet and no more than 20 feet wide in upstream direction between the fence posts. Surface runoff shall be diverted around 'the entrance and exit slopes to prevent erosion of the surfacing materials. Runoff shall be diverted either upstream or downstream to a point from which it cannot flow back toward the entrance or exit ramp. The finished surfacing should be on the same grade as the natural streambed above and below the site. Failure to match the natural streambed grade may result in erosion of the surfacing materials or undesirable siltation in the crossing area. FENCING Fence posts along each side of the crossing shall be installed inside the area covered with geotextile and stone. When stream crossings are in pasture fields, a gate will be installed at the entrance of the crossing to prevent continuous livestock access to the stream. Fence posts with sharpened ends shall be driven through the geotextile in the center of the trenches. The wire should be placed on the downstream side of the posts on each fence line, Strands of wire should not be continuous across the crossing, but shall be cut above the normal high water line and secured lightly to the posts so that a buildup of trash will pull the wire away from the post, allowing the trash to move downstream. S578 - 3 ,JOB ORGANIZATION All materials should be available and ready at the site to allow completion of the crossing in one working day. Materials such as the geotextile, anchoring pins, staples, pointed fence posts and surfacing stone should be at the site before commencing construction. Proper equipment should be at the site and ready for an early morning start. CONSTRUCTION EQUIPMENT Landowners and contractors should be advised of the use of proper equipment. Improper equipment will result in inability to properly construct the crossing and excessive cost of construction. Experience has proved that certain types of construction equipment are more suitable for installation of stream crossing than others. Where crossings are on small watercourses with stable subsoils, equipment choice may not be critical. Where non -plastic silts and clays or unstable fine sands are anticipated in the subgrade material, the following observations should be, noted: Tracked equipment is superior to rubber tired equipment. Crawler tractors with angle dozer or bulldozer blades and fixed bucket front end loaders should be avoided. Smaller, lighter dump trucks to deliver surfacing material will cause less damage to approaches than large trucks. Track mounted hydraulic excavators with reaches.of 25 feet NRCS, NC September 2004 S578 - 4 or more provide the best and fastest installation. A tracked front end loader with a 4 in 1 clamshell type bucket and a large rubber tired backhoe provide the best installation if a hydraulic excavator is not available. A farm tractor with a scraper blade is very useful. A gasoline powered pump and hose should be available for pumping excess water from trenches. NRCS,NC September 2004 4 ' r RSCEIVEC N.C. Dept ci -NR NC DENR I DEC 18 2001 DSWC Winstcr-Salem Regicna! office NORTH CAROLINA AGRICULTURE COST SHARE PROGRAM CONSERVATION PLAN OF OPERATION (CPO) NC-ACSP-11 (12/98) NAME: Twiman Caudle ADDRESS: 3101 Reece Rd, Boonville, NC 27011-8305 AGREEMENT NUMBER 99-07-13-16 BMP ITEM NO. TRACT/ FIELD NO: PLANNED _ TREATMENT EST.' AMOUNTS (UNITS) AVERAGE COST $ COST SHARE % ESTIMATED COST SHARE AND TIME SCHEDULE BY PROGRAM YEAR (INCLUDE OTHER COST SHARED FUNDING SOURCES) PY 2007 PY PY 1 2069/ 16-27 Watering System Livestock Exclusion (non -electric) 4,800 $2.10 75% $7,560.00 Gates 6 85.00 75% $383.00 Well (75% of actual cost not to exceed $3,000.00 charge to NCACSP) 1 $4,000 75% $3,000.00 Pump (75% of actual cost not to exceed $1,000.00 charge to NCACSP 1 $1,333 75% $1,000.00 Waterline 2,500 $1.75 75% $3,281.00 Watering Tanks (75% of actual cost not to exceed $600.00 charge to NCACSP 5 $800 75% $3,000.00 Stone (20X20.5)x5 77 $18.00 1 75% $1040.00 Geotextiles (20x2O)x5 222 $2.25 75% $375.00 $19,639.00 to �1 % Technical Representative o Date _ Sot) NC DENR NORTH CAROLINA AGRICULTURE COST SHARE PROGRAM NC-ACSP-11A DSWC CONSERVATION PLAN OF OPERATION (CPO) SUMMARY (08/2004) NAME: Twiman Caudle AGREEMENT NUMBER TOTAL ACRES ANIMAL TYPE AND ADDRESS: 3101 Reece Road AFFECTED NUMBER Boonville, NC 27011-8305 99-07-13-16 125 Beef Cow/Calf -75 TOTAL COST TOTAL CONTRACT AMOUNT BY FUNDING TOTAL SOIL LOSS TOTAL NUTRIENT TOTAL WASTE SOURCE (Enter Funding Code) REDUCTION LOSS REDUCTION MANAGED Regular ACSP TONSIYR LBS/YR N LBSIYR P LBSIYR N LBSIYR P P205 $ $ 18,985.00 $ $ 175 U Highest level of design approval: FIELD OFFICE _X_ AREA OFFICE' STATE OFFICE OTHER The Cooperator(s) has reviewed the Cost Share Agreement and CPO and agrees to apply the planned treatment according to the standards and specifications as approved by the Division of Soil and Water Conservation. Failure to carry out the un-numbered contract items (UN) does not constitute non-compliance with the contract. The Cooperator(s) agrees to maintain the striperopping system for 5 years, long term no -till for 5 years, nutrient management plan for 3 years, sod -based rotation for a minimum of months in sod, and all other practices for 10 years, except conservation tillage, which is an annual practice. . The Cooperator(s) also agrees to fully implement the Waste Management Plan (WMP) that is part of the CPO. CPO and payment are contingent on approval by NPS Section, Division of Soil and Water Conservation, NC DENR. Funding for this CPO is contingent upon final annual allocation of State funds to the District. Installation may not begin prior to receiving approval from the Division, with the exception of vegetative -only CPOs not exceeding $2500, as provided by the NC-ACSP-2 contract form, if chosen by the cooperator(s). lopplicant: Date: Landowner (if applicable): Date. - Technical Representative: Date: Design Approval Authority: (Can be submitted separately from 11A) Date: District Chair: Date: i, RcCE{`�� 10 M'.C. Deat. of ENR DEC 18 2007 W'InstonSalern RE ional 0MCe YADKIN SOIL & WATER CONSERVATION DISTRICT PO BOX 8 _ YADKINVILLE, NC 27055 336-679-8052 PHONE 336-679-3088 FAX Date: cl-A de%_? Re: North Carolina Agriculture. Cost Share Contract Name: Contract #: Practice:J��rr j7 I, Twiman Caudle, due to circumstances undisclosed, wish to not participate in the North Carolina Ag. Cost Share Program. I understand that a contract has been developed for my farm and I have been offered both technical assistance as well as financial assistance, but at this time'I do not want to participate in the program. I hope that this money can be used to help another producer install best management practices on their farm. alel Producer Signature Date 6 /�4' I � I-/- ga2irn—Soil and Water District Rep. Date y: Lr Feb;�02 119 08:35p Tritest Clemmorls • TRITEST www.tritestinC.Com February 2, 2009 CLIENT NAME CLIENT NUMBER SAMPLE NUMBER WORK ORDER # COLLECTED DATE RECEIVED DATE DESCRIPTION TEST FECAL COLIFORM CERTIFICATION # CERTIFIED BY: CERTIFICATE OF'ANALYSIS 3367662314 • PROJECT: CAUDLE- YADKIN COUNTY NC DENR DWQ WSRO 80132 283971-01 283971-02 283971.03 901-01099 1130109 1130/09 1 /30109 1130109 1 /30109 1130109 . CAUDLE CAUDLE CAUDLE UPSTREAM DOWNSTREAM DOWNSTREAM OF BRIDGE UNITS RESULTS RESULTS #1100ML 110 218 NC 103 NC 37733 MORGAN TOWS RESULTS DATE p.2 TIME 320 1/30/09 1250 6701 Conference Drive, Raleigh, NC 27607 6300 Ramada Dr., Suite C2, Clemmons, NC 27012 6624 Gordon Road, Unit G, Wilmington, NC 28411 Ph: (919) 834.4984, Fax: (919) 834-6497 Ph: (336) 766.7846, Fax: (336) 766.2514 Ph: (910) 763.9793, Fax: (910) 343-9688 TRiTEST 6701 Conference Dr( NC 27607 ph: (919) 834.4984 1--. %919) $34-6497 NGWW Cen#67, NCOW Cen#37731 Report Results To: Company: L,-110� QGN-?=::f r)L", Address-, -V4 %VV�AIOVI� ZAA Attn Phone: Fax: C of ,,ustody Tritest W.O.# 70 Bill To: NIL Project Reference Project Number: Purchase Order #: 'Wstandard Report Delivery El Rush Report Delivery (wi surcharge) IrWSh Sampled by (signature): � `111 A propels XC Svt4ed bn pW mpprWM W the latim1my ;9 1 Requested Due Date: Sample Description Gb Start Date SW Time End Date End TIme Matrix OWL SW Analyses Requested cN Tritest UMPIC41 'f." C." - CIC C ia I; CX 0 IA7D o' tv- o-A C' (:�kl -(;"rJY) by JsIgnalure) -1111). Received by (signawre) Gate Time Receipt Conditions (Lab Use Only) C1 4+2°C 0 Temp-C Res, Chlorine C1 Absent 0 Present 0 n/a Acid preserv. <2 ? E]Yes DNo Cln/a Base preserv.>i2? DYes C)No Eln/a RaMquished try (signature) Received by (signature) Date Time Herinqifirhed by (signature) fleceiVed by (signaoure) Care Time West side of Abraham Road Bridge. Note severe stream bank erosion and solids in stream due to excessive cattle traffic. East side of Abraham Road bridge. View is looking upstream. Note solids in stream due to erosion caused by excessive cattle traffic. E 12/13/07 photo. West side of Abraham Road bridge. Erosion and excessive cattle traffic persists. Evidence of sediment and manure in stream. photo. East side of bridge. Note algae. 1.2/13/07 photo. East side of bridge looking upstream. Flow is from top to bottom of photo. B/07 photo. Upstream (east side) of Abraham Road bridge. Evidence of excessive algae in North Deep Creek (Class C waters of the State). 2/13/07 photo. Evidence of foam in stream. 12/13/07 photo. Cattle upstream of bridge. 01/02/08 photo. East side of Abraham Road bridge. 01/07/08 photo. Severely eroded stream bank approx. 1000 feet downstream (west) of Abraham Road. Note denuded and eroded stream banks. 01/02/08 photo. Cattle in North Deep Creek. Note end of fence. Cattle have access to approximately 1000 feet of stream from this point on downstream. 01/07/08 photo. Cattle access located approx. 250 feet downstream (west) of Abraham Road. Photo taken 01/07/08. Note eroded stream bank. Photo taken 01/07/08. 0 . Cattle access for crossing through North Deep Creek (Class C waters of the State) under Abraham Road bridge. Stream flow is from right to left. Note severe north side stream bank erosion and sediment and/or waste in stream. Odor of waste was also detected in this area. Cattle passing under Abraham Road bridge. Stream flow is from left to right. Note denuded stream bank and sediment in stream 0 0 View under Abraham Road bridge. North Deep Creek flow is from top of photo to bottom. Note sediment and/or waste in creek. Cattle passage is to the left of the wire fencing. 4 t [ W •d k� `- ..r f �u���F. Foam in North Deep Creek, downstream of bridge. Class C waters of the State. View of denuded and washed out area in cattle pasture on north side of North Deep Creek. 0 Hot wire fencing ends here. Cattle have access to approximately 270 feet of North Deep irnalr Jin na+rnum frnyn thie rinint TIInw is frnm loft to rirrht Cattle access located approximately 1000 feet downstream of Abraham Road bridge. Note severe stream bank erosion and denuded pasture on both sides of North Deep Creek. Close-up of cattle crossing located approximately 1000 feet downstream of the Abraham Road bridge. Cattle have access to approximately 270 feet of Deep Creek from this point downstream. Again, note severe stream bank erosion and denuded slope due to excessive cattle traffic. Flaw is from left to right. r Additional electric wire fencing proposed to help control run—off of sediment and/or waste into North Deep Creek due to excessive cattle traffic. Need to re-establish stream bank and vegetation within this area. Stream flow is from left to right. 0 0 Site for 20-30 foot wide crossing constructed to NRCS guidelines. End of electric fence down stream. Approximately 270 feet of cattle access. Note severe stream bank erosion due to excessive cattle traffic.