20011381 Ver 1_General Correspondence_20000414

Mitchell a f
ENVIRONMIN
113 West 3rd St. • Greenv N
3975 Market St. Bldg. D Suite A •
April 6, 2000
Mrs. Jennifer Frye
RECEIVED
N.C. Dept. of EHNR
APR J4 W
Winston -Salem
As, InQoionai dates,Office
L C NSULTANTS
858 25 2.4077 • Fax: [phone]
n. _.. . 280 •910.254.0602 • Fax: [phone]
Division of Water Quality
Department of Environment and Natural Resources
585 Wvghtown Street
Wmston- Salem, North Carolina 27107
Dear Mrs. Frye:
This letter is in reference to the Notice of Violation and Recommendation for Enforcement
Action for a Stream Standard Violation and for Failure to Secure Water Quality Certification
letter sent from your office to Mr. Rocky Carter or PTR, Inc., in Kernersville, North Carolina.
This letter does not provide any legal representation or other legal service. Mr. Carter asked
Mitchell & Associates, Inc., to respond with information on his behalf to explain the series of
events surrounding the on -site project.
The site is located on the west side of Patterson Avenue approximately 1,400 feet north of the
intersection of Motor Road and Patterson Avenue in Winston- Salem, Forsyth County, North
Carolina.
Mr. Carter hired an engineering firm to provide him with engineering and permit assistance for
the project. Mr. Steve Auffinger, P.E., was assigned to the project and has written a letter
describmg the series of events as to why Mr. Carter and he, Mr. Auffinger, did not think a 404
permit, and therefore a 401 Certification, was required.
Upon notification by the United States Corps of Engineers ( "USACOE ") Regulatory Branch
through Mr. John Thomas, Project Manager, that the site was in violation of Section 404 of the
Clean Water Act, Mr. Rocky Carter called Mitchell & Associates, Inc., to determine how to
address the USACOE's concerns. Although no wetlands were apparently impacted with the
project, we indicated a 404 permit was, and still is, required to fill the stream(s) on the project
site because a stream is water of the United States.
After discussion between Mr. Carter, James Taylor, and Mr. John Thomas, Mr. Rocky Carter
requested Mitchell & Associates, Inc., prepare and submit an after the fact permit application for
the project in order to obtain all remaining and necessary permits and certifications.

3 -
r Y'S Afe
S r t ' 1 '�

_4�
Mr. Carter indicates this project was the first project he was responsible for obtaining all federal,
state, and local permits, and he indicates it has been a painful educational experience. Mr. Carter
is now aware of the broad scope of the 404 permit program, the associated 401 Certification, and
Use Standards. He assures me, and DENR. that he will conduct no future work without
contacting an environmental consultant or other qualified individual and before all necessary
permits and certifications have been applied for and received.
Mr. Carter requests, as do we, the Division's understanding and patience during the 404 permit,
and associated 401 Certification, process
The engineer, Mr. Auffmger, designed the project with over -sized culverts that are buried 1.5 feet
below the original stream bed. Mr. Auffinger indicates this design creates slow moving pools
approximately one foot deep for the length of the culverts that provide for sediment trapping the
sediment trapping provides sediment removal from the water and improves the stream's water
quality —and structure for aquatic wildlife. This stream has been a channelized urban stream for
over twenty five years that has been heavily polluted with solid waste, construction and
demolition debris, and other wastes. Mr. Carter indicates construction and demolition debris and
other solid waste had to be removed from the stream before installation of the culverts could
occur. Mr. Carter and Mr. Auffmger indicate they have never observed anyone in the creek
(besides their employees and those of Mitchell & Associates, Inc.) and indicate the flow of the
stream is such that no boating, canoeing, or rafting occurs in the stream. Therefore, Mr. Carter
and Mr. Auffmger indicate they do not believe the stream standards have been violated.
Again, this letter in no way provides any legal representation or opinion. Enclosed you will find
a letter from NIr. Auffmger, P.E., regarding his recollection and planning of the project. Please
call my office if you have any comments or questions Thank you for your assistance with this
matter.
Sinctely, �
1r
l 3ames y o
l
s

04/07/2000 11 44 3367781670 _ STEVE AUFFINGER PAGE 01
i
.ASG Engineering =
4140 Clemmons Road, Suite 102, Clemmons, NC 27012
tel [phone] fax, 336 - 778 -1670 email auffQbellsouth net
April 7, 2000
James Taylor
Mitchell and Associates, Inc.
113 West Third Street
Greenville, NC 27858
Via fax [phone]
Re: Mr. Rocky Carter, PTR, Inc.
Leak Fork Creek, Winston - Salem, NC
Dear James:
Per your request I am summarizing to my best recollection the process that we used to develop
the construction plans for the project owned by Mr. Rocky Carter. This work was done while I
was employed at Geoscience and Technology. I have detailed knowledge of the project as the
engineer of record
After several conversations with the Geoscience staff, individuals at the City of Winston -Salem /
Forsyth County office of Erosion Control, and my client, I developed a list of possible permit
requirements These included the following-
• Forsyth County Unified Development Ordinances, Environmental Ordinances- Floodway
and Floodway Fringe Regulations, and Erosion Control.
• FEMA (flood control);
• Wetlands,
• Zoning,
• Site constraints (setbacks, sewer line location, stream location, etc.).
Rocky Carter reviewed the zoning and found it to be compatible with the intended use. Rocky
and I discussed the potential for wetlands at the site with the City office of Erosion Control.
Since the site was heavily wooded and dry, we concluded that the site was not a wetland. The
City felt the same way, so Rocky decided that a detailed site Investigation was not warranted.
Upon review of the FEMA regulations, I found these to be less restrictive than the County
Ordnance. We therefore narrowed down the list of concerns to the City ordinances and the
physical site constraints.
Patterson Avenue has a very wide (150 feet) wide Right of Way adjacent to the project. This is
due to early planning efforts to make Patterson Avenue a major north -south route through the
city The construction of Route 52 into a four lane limited access highway de- pnoritlzed that
effort Leak Fork Creek was parallel and adjacent to the front lot line, and it was evident from
the local topography and its trapezoidal cross section that it had been channeled to its present
location with the constriction of Patterson Avenue. The site itself was several feet lower than
the adjacent street, but construction projects on the opposite side of Patterson Avenue could yield
PRACTICAL CIVIL ENGINEERING SERVICES IN NORTH CAROLINA AND VIRGINIA COMMERCIAL & RESIDENTIAL SITE DEVELOPMENT
FOUNDATIONS - GRADING - DRAINAGE - STRUCTURAL - HYDROLOGY - CULVERTS - PONDS - TRANSPORTATION

04/07/2000 11:44 3367781670 STEVE AUFFINGER PAGE 02
James Taylor Page 2 of 2
an inexpensive borrow source.
I developed several design alternatives to manage the existing storm water channel. The selected
alternative carried the 100 -year design storm through two oversize corrugated metal culverts, and
would adhere to the City's requirement of no rise outside of the property line This alternative
was drafted and reviewed with the City staff. In order to comply with the City Environmental
Ordinances, we would need to perform a HEC analysis to document the hydraulics, and maintain
or develop '/2 of the floodway fringe area on the site.
At that point I proceeded with the HEC analysis for the culvert, which included a detailed survey
of 15 or so cross sections through the project and adjacent areas, site inspection and estimate of
Manning's N values at these sections. I also developed detailed grading and erosion control
plans and design of new flood fringe areas.
I hope this satisfies your requirements for a summary of the process that was used to develop the
property If you have any questions please call me
Sincerely,
ASG Engineenng
Stephen Auffinger, P.E.
Professional Engineer
enc.
cc: Mr. Rocky Carter