20011381 Ver 1_Fax_20010809 (3)

MATER & LAND SECTION Fax [phone] Aug 9 '01 17 08 P 01
R(TY C'C)C PE-1
'1170RKFI CiLNLHAL
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State of North Carolina
Department of Justice:
h 0 Box 6J9
RALEIGH
27602-0629
FAX TRANSMISSION
SUBJECT TO ATTORNEY - CLIENT PRIVILEGE
ENVIRONMENTAL DIVISION
WATER & LAND SECTION
919/716-6600
Fax [phone]
To- TIM SULLIVAN, ESQ Date: AUGUST 9, 001
THOMAS WEST, ESQ
GREG THORPE
JOHN DORNEY
JENNIFER FRYE
RON LINVILLE
DAVE PENROSE
LARRY COBLE
Fax # ; AS INDICATED Pages: 8 Page-, ind'uding cover sheet
From: ANITA LEVEAUX
Subject: PTR, 00 EHR 1378
COMMENTS
PLEASE FIND ATTACHED FINAL SETTLEMENT AGREEMENT FOR ABOVE -
REFERENCED CASE
ALV /I
ATTACHMENT

WRTER & LAND SECTION Fax'919 -716 -6766 Aug 9 '01
17 09 F 02
wn..
State, of North Car o irlf')
lle partmenl Of JUSIICC
}ii )�' f ��)()f -'Ll Z �
Anin t°
4nita LeVr_Ju�
1TJOH -1 (71_N1-H,iL (' U Box 620
Ln�iron-nentnlDlvtswn
R�\L.EJGH
leI YIvi716 -bbUO
Fa\ 91*:)n 0.6167
August 9, 2001
Tun Sullivan, Esq
Thornas Nest. Esq
Poyner & Spruill, LLP
3660 Glenwood Avenue YFACSIMILE 4 N FIRST CLASS ALIIL
Raleigh, North Carolina 27612
Re PTR vs. DEI—MR, 00 EHR HM. For Settlement Purpose% Only
llear Messis Sullivan and West
I nclosecl please find our finalized settlement agreement I'hrs agieenient was only possible
through oui point efforts, accordingly, I thank you all Please note the minor, non substantive, charge
in paragraph G on page 5 Also, feel free to call me at the number set out above if you have any
questions or concel;ns as it Relates to this agreement
Very truly yours,
Anita LeVeaux
Assistant Attorney �ieral
NC State Bar No 13667
e Greg "Thorpe
John Dornery
Jennifer Frye
Ron Linville
Dave Penrose
Lanny Coble
F P-49737
,,

WATER & LAND SECTION Fax [phone]
STATE OF NORTH CAROLINA
COUNTY FORSYTH
PTR. Inc , )
Petitioners, )
v )
)
NORTH CAROLINA DEPARTMENT OF )
ENVIRONMENT AND NATURAL )
RESOI ►RCES, DIVISION OF WATER )
QUALl I Y. )
Respondent )
Aug 9 '01 17 09 F 03
IN THE OFFICE O1~
ADMINISTRATIVE HEARINGS
FILE NO 01 EHR 1378
SETTLEMENT AGREEMENT
SETTLEMENT AGREEMENT
The North Carolina Department of Environment and Natuual Resource% (`DENR "),
Respondent, and PTR, Inc, and Parker Manufactumng, inc, ( "Pettttonei s "), jointly and
Severally, hereby enter into this Settlement Agreement ( "Agreement ") PLUb,Uant to N C Gen
Stat , 150B- 31(b), in order to amicably resolve the above captioned matter Pursuant to N C
Gen Stat 143 -215 6A et seq , tills matter arose out of the August 22, 2000, assessment by the
Division of Water Quality (` DWQ ") in the total amount of ten thousand five hundred, ninety -two
dollars and twLnt) -eight cents ($10,592 28), foi alleged violations of 15A NCAC 2B 0211(2)
and 15A NCAC 2H 0501(b)
matter
DL-NR and the Petitioners have ieached the following settlement agreement to this
1 The Petitioners will pay a total of six thousand, live hundred, and ntnet�v-two
dollars and twenty -eight ($6,592 28), including the costs of enforcement, ( "Settlement Amount ")

WATER R LAND SECTION Fax [phone] Huy 9 '01 17 09 F Oa
2
to DENR in the full and complete settlement of the cast set out above The Settlement Amount
shall be made in a one hunp stun payment upon execution of this agreement by the Petitioners
The payment shall be by check made payable to the North Carolina Dtpartmcnt
of Envirorunent and Natural Resources (oi to "DENR ") at the following address
Ms Sharlene Moses
Attorney General's Office
Enviromnental Protection Division
Post Office Boa 629
Raleigh, NC 27602 -0629
Further conditions include the following
A The Petitioners will implement to the satisfaction of the L1 S Army CorZ-)s
of Engmeeis (COE) the attached Monitoring and Stream Mitigation Plan piepaled
by Mitchell and Associates, (subject to DWQ'-, modifications [see D belowj and
any modification subsequently approved by the COE ) This plan has been
reviewed and approved by the COE
B Storm Water management - the Petitioners shall pioride a final, written
Storm water management plan that must be approved in Nviiting by NC D1=NR by
October 1, 2001 The Storm water roanagement plan must include plans and
specifications for Storm water management facilities (facilities), designed to
temove 85% of the total Suspended solids (T'SS) according to the most recent
version of DENR's Storm water Best Management Practices Manual (Manual )
These facilities must be designed to tieat the runoff from the entire pi -QjeO,
unless otherwise explicitly approved by DWQ Also, the facilities as approved by
DWQ's wetlands unit, shall be constructed and operational. and the Storin 'Nate]
management plan, as appioved by DWQ's wetlands unit, shall be miplemented
by December 1, 2001
The structural Storm water practices as approved by DWQ's wetlands unit
as well as drainage patterns must be maintained as long as required by the North
Caiolina General Statutes and/or applicable iules and regulations No changes to
the structural Stoi m water practices shall be made without written authorization
tiom DWQ Petitioners may design a wetland at the bottom of' the relocated
Stream as an extended detention wetlands a5 described in the above, manual if the
runoff from the prolec,t cannot be added to the above wetlands., bio]etenuon area,

WATER & LAND SECTION Fax 919 - 716 -6766 Aug 9 '01 17 10 F 05
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consistent with the Manual designs, must be provided to treat the runoff from the
areas not draining to the wetlands
C Mitchell and Associates, Inc Stream mitigation plan The May 29, 2001
proposed mitigation plan, with a monitoring supplement dated June 7, 2001,
prepared by Mitchell and Associates, Inc states that impacts to Leak Fork Creels
will be reduced to less than 500 feet Accordingly, approximately 350 feet of
culvert removal and stream restoration is iequned from Leak Fork Creek such that
the total culverted length of Leak Fork Creek is no more than 500 linear feet
This ieoperung of Leak Fork Creek roust be completed by November 1,
2001, and the site stabilized according to the plan iefeienced above This area
must be replanted in woody vegetation (preferably trots) to a width which is as
wide as i easonably practicable but should not be less than fifteen feet from the
bankfull edge This stream restoration shall be designed and maintained according
to the provisions in DLNR's "Internal Technical Guide for btteam Mork in North
Caiolma ("April 2001. Version 3 0) If the stream restoration outlined to the iepoit'
by Mitchell and Associates, Inc , are inconsistent with the Manual, they rims be
modified and submitted to DWQ for written approval
D Mitchell and Associates, Inc Streann mitigation plan The inoposed on-
site stream mitigation plan in the May 29, 20'C'1 lenergation plan, with a
monitoring supplement dated June 7, 2001 r .,;sreu by Mitchell and Associates,
Inc is acceptable to DWQ with modifications The modifications to the stream
mitigation plan trust be submitted to DWQ by Qctobei 1, 2001 for written
approval These reports are available on DFNR's website at
http 11h2o era state nc ushrewetlands The modifications are is follows
a Modify the riparian (stream side) restoration to otmit
sycamore and sweet gum and to achieve 320 trees per acre at
maturity,
b Provide a satisfactory benthie macro mvertebtate
monitoring plan as outlined in DWQ's Interim, Internal Technical
Guide - Benthic Macro invertebrate Monitoring Protocols for
Comptnsatory Stream Restoration Projects (May 2001 ).
C. Provide plans that adequately depict the footprint of the
stream restoration efforts, detailing the location of tiff c /pouls,
stream bed sinuosity, stream bed profile, 1 � :riun of rout wades,
and grade control structures as outlined in DE-NR's "Tuternal
1 echnical Guide for Stream Work ui North Carolina (April 2001,
Version 3 0),

WATER & LAND SECTION Fax 919 - 716 -6766 AL,g 9 '01 17 10 F 06
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d Begin the grading and planting of the stream restoration site
on or before, but not later than December 1, 2001, and completion
of the same, on or before Apiil 1, 2002 DWQ shall be copied
with an as -built plan upon completion of the prolect within 30 days
of completion of the stream restoration
e Send annual monitoring reports These reports shall be sent
to DWQ for five years within 30 days of the anniversary of the
completion of the stream restoration These plans must outline any
planned measures to resolve any problems identified with tht
success of the stream restoration. and
f Copy DWQ on the deed notification DWQ shall be copied
on the deed notification, i e document which verifies and requirts
that DWQ be noticed and approval acquired as it relates to the
otherwise iestincted use and or proposed alternate usage for the
area This notification will be placed on the sti eam i estoration ai ca
for the stream mitigation and i e- opening of Leal: Fork Creek
E At least one thousand (1000) linear feet of stye un restoration shall be done
on site This restoration must be successful within five (5) years Successful
i estoration is defined as
a A channel with positive baseflow at least 90% of the time in a
notimal year of mirrors the baseflow of the appio-ved iefeience Stioam
(foi instance, the remaining undisturbed portion of the ,,ti eam between
US 52 and the restoration site).
b Tree plantings of at least 320 trees per acre
C A minimum of 90% of the stream bank and bed is stable and
not etoding, and
d Naturally maintains the referenced pattern, dimension and
profile
If the Petitioners fail to meet any of the above ciitena, the Petitioneis
shall puichase stream mitigation ciedits from the N C Wetlands
Restolation Prognun by payment of no moie than $125 00 a linear
foot for each matching toot of unsuccesstul restoration below one
thousand (1000) feet

WATER & LRIID SECTION Fax [phone] Aug ' =+ '1-11 17 10 F 07
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F Modifications to Petitioners' Erosion and Seduntntation Control Plan
The Petitioners shall immediately ievise and or amen_ d his Erosion and
Sedimentation Control Plan (Plan).
Notwithstanding any other statutes, rules and /oi regulations, a Plan must be
secured ptior to the beginning of construction of the on -site stream reAOTation
and Storm water management efforts
G One of the iemannng culverts under Leak Fork Cieek shall be partially
plugged at the uppermost end by November 1, 1001, to force stream base flow to
enter only one pipe rather than both pipes Higher stone flo wb ma,, enter both
pipes There will be no physical baineis that prevent passage of aquatic life
thiough the base flow channel baitel
H D WQ shall issue 1401 Water Quality Certification for -Nationwide Permit
32 (Certilication), Completed Enforcement Action, fur this project This
Cei tification shall be issued on or before Octobei 1, 2001, and will consist of the
terms of this Agieemment and applicable pruvisions of gcnetal certification munbei
3290 The applicant must submit a written request foi such Certification on or
before September 15, 2001
4 The breach of any condition enumerated above. in paragraphs ntunbeied one tN�,o,
of three, including anti and all sub- paragraphs, above, by Petitioneis gill iendei due and
payable the balance of the Civil Penalty Assessment
5 Petitioners and DENR expiessly stipulate and acl noMedge that, by entering into
this Agieznment. Petitioners neither adinrt or deny the allegations contained in the Findings and
Decisions and Assessment of Civil Penalties, however, upon Petitioners' breach of army conditton
or teini of this Agreement, the sole issue, in any action by DENR is to collect the EIIII, e amount
of the civil penally atisessments, i e , ten thousand five hundred, ninety -two dollars and twenty -
eight cents ($10,59' 28), in accordance with the terms of Paragraph three above and the action
,vtiill be limited to the Petitioners' compliance with the terms of this Agreement

WATER & LAND SECTION Fax [phone] Aug 9 '01 17 11 F CIS
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6 DL -NR agrees to accept the payment of six thousand five hundred and ninety -Lwo
dollars and twenty -eight ($6,59228), in full and complete satisfaction -of the civil penalty
assessments subject to the terms of this Agreement
7 Nothing in this Agreement shall restrict any right of DL=NR to take any
enforcement action against the Petitioners for any future violations that are separate Iron any
obligations of Petitioners under this Agreement
8 This Agreement shall be binding upon the parties and is entered into knowingly,
intelligently. and %,oluntar ly
This the day of 2001.
PTR, Tnc
Parker Mfg Inc
By By
Rocky Carter
Poync,r & Spruill. L L P
M
Tinnothv P Sullivan
N C State Ban No 11105
P U Box 10096
Raleigh, NC 27605 -0096
[phone]
LP/49650
Kenneth R Horne
DF,NR Division cif'eVatt,r Quality
Greg Tliorl)e, DWQ
Roy Cooper, N C Attorney General
By
Anita LeVeaw\
Assistant Attorney Genes al
N.C. State Bar No 13667
N C Department of Justice
Environmc ntal Division
Post Office Box 629
Raleigh, NC 27602 -0629
(919) 716 -6600