Loading...
HomeMy WebLinkAbout20011381 Ver 1_Fax_20010703WRTER & LAND SECTION, -ax 919 -716 -6766 Jul 3 '01 13.17 P 01 To Kerr T Stevens Larry Coble nlemorandam Jennifer Frye John Dorney Dave Penrose John Thomas From: Janet D Leach Subject: Settlement Agreement for PTR Date: July 3, 2001 Attached is the settlement agreement for PTR Please look over and let Anita know your thoughts ASAP no later than Monday, 9th Thanks much for your prompt response F. Reply to Janet D Leach, Paralegal State of North Carolina Attorney General's Office Environmental Division Tel (919) 716 -6948 Fax (919) 716 -6766 WATER & LAND SECTI ,. , -ax 919 - 716 -6766 Jul 3 \'� 13'17 P 02 07/03.'2001 12'18 FAX 91878SSU10 �rvurra% - J1L\4- ... -- - 5pRr. ILLt - ,-,- FAX COVER SHEET ATTDANEYa -ATAAW Tho Llformatioa contained m the atta&t:d eo=u nicatton maybe protected by attorney /client prinlege if you believe that it has bccn sent t +, you in eai-or, do not read it. Please call 919.7$3.2919 and explain that you have received this communication in error. Theft destroy n, or return tt to the sender. Y'hank ynu. 36091 Glenwaad Averpe. Raleigh, NO 27012 • Pa 9oX 1W96, Raleigh, NO 27606 MSS 0 919 763 84CO Tel • 919 783 1075 Fax MATER & LAND SECTION -ax'919 -716 -6766 Jug 3 -D -1 13'18 P 03 07143.,2001 12,18 FAX 91978-A15 crUILIDA M .,,+«,— ., ' STNIE OF NORTH CAROLINA COUNTY OF FORSYTH PTR, Inc., Ys. Petitioner, NORTH CAROLINA DEPA'12.'l M1 13 'Z' OF ENVIRONMENT AND NATURAL RESOURCES, IN THE OFFICE OF ADMrNISTRATIVE HEARINGS 00-ERR -1378 SETTLEMENT AGREEMENT Pursuant to N.C. Gen. Stat. § 1 SOB- 31(b), the North Carolina Depw went of F,x,,.nment and 1Natnral Resources ( "DFNW% Respondent, and PTIx, bxc. ( "PTR "), Petitioner, hereby enter into this Settlement Agreement ( "Agreement ") m order to atmeably resolve inatters in cottroversy related to civil penalty assessments, This matter arose out of the assessment of civil penalties by the Division of Water Quality ( "DWQ') in the total amount of $10,592.28, including enforcement costs, on August 22, 2000 for alleged violations of 15A NCAC 28 .0211(2) and 15A NCAC 2H. 050 1 (b) DENR and the Petihoxacr have readied the following settlement agreement in this matter: 1 _ The Petitioner will pay a total of $6,592.29 ( "Settlement Amount') to DENR The Settlement Amount shall be paid in one lump sum to DENR within 30 days of exrcutzon of this settlement agreement by petitioner and Respondent. Payment of the Settlement Amount shall be by check made payable to the North Carolina Department of Environment and Natural Resources (or to "DENW) at the following address: WATER & LAND SECTIDh. -s=ax 919- 716 -6766 Jul 3 \'01 13 18 P 04 07/03✓ 11001 12'18 VAX 9197831U76 cruiirfl� .+•_«� -- Ms. Sharlene Moses Attorney General's Office Environmental Protection Division Post Office Box 629 Raleigh, N.G. 27602 -0629 2_ Additionally, Petitioner will implement to the satisfaction of the U.S. Army Corps of Engineers ( "GOE ") the attached Monitoring and Mitigation Plan (subJwt to any modification subsequently approved by the com which has been reviewed and approved by the OOE. 3. The breach of any condition of ,Paragraphs one or two by Petitioner will render due and payable the entire amount of the civil penalty assessments, i e. $10,592 28. 4 Petitioner and DENK expressly stipulate and acknowledge that, by entering into thi4 Agreeiraent, Petitioner nchher admits or denies the allegations contained in the Fmdings and Decisions and Amcssment of Civil Penalties; however, should Patitioner brcavh Paragraph oaa or two of this Agreement, DETIt may initiate an action to collect th entire amount of the civet penalty assessments, i.e., $10. 592.28. in accordance with the terms of paragraph three Above, and any such action based on breach of this Agreement shall be liar; °d to collection of the civil Penalty assessment. 5 DENR agrees to accept the payment of $6,59228, in fiil l and complete satisfaction afthe civil penalty assessments, subject to the terns of IhIS A.greemmt. 6 Nothing in this Agreement shall rcgtriot any right of DENR to take any enfomernent action against Petitioner for any future violations. �. This Agreement shall be binding upon the parties and 1',s entered into knowingly, intelligently, and voluntarily. DATER & LAND SECTIO,. ',--ax 919 -716 -6766 Jul 3 '61 13:18 P 05 07/03 2001 12 :19 FA.X 8197891075 411UY1VGx & ar"I"j &." . S. Petitioner agrees that upon execution of this Settlement Agreement by Petitioner and Respondent, Petitioner will promptly withdraw its petition for a conte&ted case bearing id ft5 matter This the day of July, 2001. FTR, Iuc By. _ Rocky Carter Title POYNER & SPRUILL L.L.P. FOR THIS DIVISION OF WATER QUALITY: By: Kerr T. Stevens, Director of Water Quality .By: By: Timothy P. Sullivan N.0 State Su No. 11105 Poyner & Spruill, L.L.P. F.U. Box 10096 Raleigh, NC 27605.0096 (919)783.6400 Attorney for Peunoner RAImQWP4935D- 0Q7/304129 v 1 MICHAEL F RASLEY Attomey General Anita L©Veaux AAssistamt Attorney General N C State Bar No. 24567 N C. Depaamew of Justice Environmental Division Post Office Box 629 Raleigh, N.C. 276022 -0629 (919) 716-6600 Attorney for Respondcnt DATER & LAND SECTIO`._ -ax 919 -716 -6766 Jul 3 '01 13 18 P 06 07/03/1)01 12 10 FAX 8107831075 etC'A JUNE Mitchell and associates, Inc. ENVIIRONmENTAL CONSULTANTS 110 WSO sN St • *F**WH8, KZ. 47888 0287.96240x1 • Faoii 262,702.7880 397116arfmt Bt t Bulldln0 0 bu Mio4M ing" N.C. 29 r 4 0 010.254.0002 * Fay 610364. M I Proposed Monitoring Plan Prepared far: Parker Manufacturing. Inc and PTE, INC. post office Boa 1037 KernergyUle, N.4C. 27285 Prepared by: jennifer Burbank Nfitchell & AEeaciates, Inc 3973 8 Market Street VViimiggton, NC 28403 June 71 2001 WATER & LAND SECTIO \, =ax 919 -716 -6766 Jul 3 ui 13.19 P 07 07/03/1'001 12'19 FAX 9197831075 <ruYNhK a arnviLL i,, , - ) itchell & Associates, inc., on behalf of pocky Carter, has created a mitigation plann, for all weain impacts that have ownred on his property locawd on the west side of Patterson Avenue and apPruxMzft1Y 1400 feet North of the interwetian of Motor Road in Forsyth County, Winston Salem, North Carolina. Subsequently, we are now submitting the project time flame and monitoring plan to ensure the projects succm- Vime E to corn ete the restoradon and stream acaliOn Below is &n outline o f the time fB necessary 1 project. it is our goal to have file 160 foot pordan. of pipe removed front Leak Fork Creek, bank slopes laid back properly, and the new ehaunel far the unnmcd tributary dreg, laid back, and prepl for pkaudng with in a 45 day time period. The opt mum conditions for succor fnl VIM installatioll are when tetnperature, maistt7re, and sunlight are adequate for goon and establishment. In the eastern United States these conditions are met begging in mid winter to awly spring, In additioA plants should be installed vrhen dormant far the highest rate of survival. -ro meet these conditions planting should begin in November to February depending on weather editions. These plants will be acquired from a local cornmMW source. It is our best estimate that approxi1Me1y 5,500 plants including willow oak, cottonwood, green ash, wa' 0HL Sweet gum and sycamore will be needed to adequately coVer the lower banks of both the restored sectlon of Leak Fork Crook and the new unnamed tributary. That number is derived ft= cbaanel laagth and bud width with a plmdug vywy 2 square feet. Mitebell & AssOciaim will. implernestt a site inspection and rnOn1wring Plan to ensure the success Of the project. This plan 'M meet standard pmcedures for monitoring a project, and include assn me that the site meets with sut+Gess criteria for K'Orn aiion projects. Within 60 clays or compktioa. of mltlg on site conatructioa, Mitchell & Aszo6atesa will submit a report indicaa$ all work completed and will include: photographs of completed work, the str eam rea reference irach, long'ttud ng profiles and Cross sections of reference roaches, vesstatioti sample plots with locations, and problems emountered and resolver~. The location of cross - sections of ref==,;C reaches tmd vegetative plots we noted on the encias-rd map. Follow up inspections wv1U be conducted on a rep1w� will b used to doe for rat of data sunat%s and field notes. Sketches, maps, and pho graphs vegetation development, channel stability, and struCtwe performance Vegetation within the buffer zone will be inspected for a period of five years or until success criteria is M4 which ever is the longer period oftimo. Vegetation will be inspected in August ar September of each year after plandn8 and at a minimuut, UO one Species should exceed 20 percent of the total number of individuals. Success criteria will be met if, for each at the first WATER & LAND SECTIC ;Fax'919 -716 -6766 Jul 3 ci 13 19 P 08 07/05/20C11 12 19 FAX 9197831075 <ruzivrn a �rauai+ .... three yearn after monitoring, a minimum of 320 trees pet acre of the planted species bave s,.�r�►ived_ In y four arld five, a minimum of 288 to 260 four year old trees per acre bave survived on the site, and after Year live a MWMttm of 260 five yeal old trees have survived. If this vegetation criteria is not met, xpWrrting w111 tape plue and the five year motoring *Cd wlll begin again' Vegetation will elan be inspected for the presence of exotic, harmful species that if detected will be removed. Vegetative plots where data is collected will be taken at the 6 areas noted and labeled on the map - Strearn books will be inspected 2 times atvutally during the first , years after project completion, and M time a mmpy thcre afar for a pe iod of five yews, The entire stream to defeat areas of erosion or accumulation- Inspection of bank and corridor wi11 bg will be channel oonditions low water conditiom to allow for viewing of c�ductai complete structures aid channel bed changes. Photo reference sites (lonetudipal photos and lateral reference OWN) and reference reach monitoring VIC reams' 9 cross- secdon and longitudinal profiles. Success critma will be met if, for the period of flv '0'i :am hL uonjut'ction with the vege�tion inot�itoring, the stream fk%Mrd features and aoss- sections ==&L stable. Tic stream s11all retain its iced Rosgen's steams C]assiflcativu. if any problems azc cna�su�xtcrod, the Stream ehstlual will immediatzly be reswbilized and planted. 'D10 above ionitoring plan is dosiped to =w= the guoaeaa of this =M8xd0a projact, and meets with ACOE standarda. I WATER & LAND SECTIO,I )Fax 919 -716 -6766 Jul 3' -,)! 13 19 P 09 07/03/200L 12.19 FAX 9197831ut5 PTR, Inc. Page 3 A.ftex-The -Pact Permit Application 02/23/00 Additionally, instead of using the typical fescue or grasses, the upper intcnor and cxts riot of the structure should be planted with the following srlix: $pring/sumwer Mhture, May I - Sept. 15 FalM ater Mixture, Sept. 15 - April 30 Browntop millet 20 1bs/a Rye gram edexa* 120 lbs /a Korean lespedeza* 20 lbs/a Shrub lespedeza 11b /a Shrub le_spede= 1 lb /a Swltchgrass 10 lb/a Partridge pea 10 lb /a * on slopes less ton 3:1 use Korem lespedoza on slopes greater d= 3:1 use Crown Vetch or Serloca lespedeza (not pre#rerred) Add one of the following to the above mixture- Crown Vetch 51bs /ac7re Ladino Clover S lbe /acrd %.imxe 8r �'ertilis =e disturbed areas $acq�>3 Alfalfa 5 lbs/acre to NCIZS soil test and recommendations. (dote• Mowing ahould be Iimited to early spring and should only+ ocxttr tic no to prevent tree gravVtt� on the dam or other areas. Mowing on a 2.3 year schedule should suffice.) Trees and shrubs G yea bare root seedlings) should b , planted randomly at a minimal rate of 100 Uees per a= on the top and uppor portions of the structure and at a minimal rate of 150 per acm around the nonvAl water elevation and littoral shelf area. The following list of tree species may assist in providing habitat btueflts; Loblolly Pints* Red Cedar Black Crum American brolly Dogwood Hickory Sumac White Oak Willow Oek Red Mapla" Swamp Chestnut. Oak Vibumum Green Ash Ironwood Black Cherry Water Oak Sill,;y Dogwood Other gpeeies may be utilized depending on site requimmeatt and availability Pines, gmuld not exceed 15% of the refmv ration. No more than 20% of tin treo species will be of a single species An 80% success rate is acceptable over five years. Large or fast growing trees like Sycamore and Maple "" may Rot be appropriate around detention facilities. Mitigation for unnecessary and uapertmtted impacts should occur in Forsyth County. If not possible, mitigation should occur W the same categorical area. Payment into the Wotlands Restoration Program may be acceptable; however, this should occur only after appropriate avoidance and mwimi =tion has occurred on site. Thank you for the opporwulty to review axed comment on ttus proj ect. If you have any questions regarding these comments, please contact me at 336/769 -9453 Cc: John Dorney, I)WQ Douglas Huggett, CAMA denuiferFrye, WSRO pWQ Frank MoBnde, NCwRC Mark Cantrell., USFWS WATER & LAND SECTIO. ,Fax'919- 716 -6766 jul 3 -.L 13 20 P 10 07/03/7001 12 20 FAX 91978,aiu'16 <rQInZn a OrAWA -L —, 1.0 introduction Mitchell & Associates, Inc., on behalf of Rocky Carter, has Undertaken the project of creating a atitipdon plan for all stream impacts that have occun'ed on the property located toxtbwest of Winston Salem, Forsythe Cowaty, North Carolina (map la. And 1b.). The mitigation plan iil,ludes minimizing impaW to Lem Fork Creek to less than 50013new feet, and relocating the impacted unnamed tributary to the back of the property. Rosy= steam restoration techniques are to be used, as outlined in the following plan (Rosgeu 1996). Restoration of the impacted streams will be described in this report and will adhere to the rugulatiOus of the U.S. Army Corps of Engineers (USACOE). This mitigation plan, when implemenu -J, will ewer, enhance and restore existing streams on the project site as we11 as improve the existing downstream water quality of Leak Fork Creek. 1,1 Site Description The property le located on the wiper aide of Patterson Aveniuc and approximately 1400 feet north of the intersection. of Mohr Road In Forsythe County, Winston Salem, North Carolina. (Map2). The site is bounded by room 52 and a Duke Power Right of way (ROW) located on the west side. Leak Fork Creek is a shallow tributary adjacent to the property that lies within the valley parallel to pattersoL% Avenue an the property's west side. The creek bas an average bank to bank stream width of less than 12 thet, has a north directional flow, and shows chw=lintion further downstream- (Planner -4). Evidence of rapid erosion can be seen in several places along the creek barks, and silt fences were placed in a few areas to help retard the erosion process (picture 5). Greess Aisne (family Chiorophyta) was found growing throughout the bottom of the creek (pictured). The surrotmding eras primarily Consists of patches of woody vegetation, numerous the crock grasses, and small to medium rocks (pictuMs 7). Trash material was observed Leak to k Creek and banks as well as witbin the water (picture 8). A sewer line ruws parcel there is evidence that Q=k flow w" latered due to the placement of the sewer fine (pig 9')• The actual site itself has been grated, titled, and is Covered with gravel p (picures 10 and 11). 1,2 Soil Sales Description The soils located on The property are $om the Wehadk ee Series and Facelot Series (Map 3 a ad Appendix A). The Pwdot SerICS consists of Pacelot fine sandy loam and clay loam and can typically be found on slopes from 10 to 45 perceat. These soils arc well drained with,modeQatcly slow infiltration and rapid runoff. The Webadkee Series, in particular Wehadkee loattx, is classified as a bydric wil And claaractod=d as being poorly drained And Is boated on the flood plain of streams. 1nt31tradon is moderMe and surface runoff is slow. These soils are-also subject to frequent flooding for briaperiods of Umo and can be found on 0 to 2 percent slopes (SCS WATER & LAND SECTIC', Fax 919 -716 -6766 Jul 3\ o, 13 20 P 11 07/03/;'001 12'20 FAX 91978jiuis -- -- 1976). 1.3 Vegetative descriAtion Due to the ea" site being covewd with gmvd vegetative d w88 g�� from W=edl' e Y north and south or the property. The ove�story consisted of Fraxinwv pennsylvanica (green ash). populus daltoides (eastezn cott(nwood). Acer rubram (red ale), Quercus clam (Waoar oak), Quecus phellos (willow oaks, &erm albs (white oak), Pinus ,',mda (loblooly pine), Quecu phefl ss aciflua (sweetpMJ plawnw ocaidentizlfs ( ®ycatnore), and Lirkxkndr0n tplipi (Yellow poplar). The urulerstorY vegetaation consisted of native greases, Eupatorium cappillifolim (dog fennel), Rvga sp. (Wild rose), and Phytolacea a mertcana (pokeweed). The following proposed mitigation option wag introduced by the U.S. Amy Corps of Engineers to re- establish &e= areas on -site ad to resolvo enforcement matters. '1' b mitigation plan to involves rmoving a portion of the culvert located. in Leak 7±ork Creek and restoring the are tl naiural conditions. Iu addition , our cheat will be required to relocate the Impacted tributary to the back of ft property using approved Rosgen teehuigius Rasgen techniques involve analyzing s= m cl�eraatermcs includia�g geomorphic, chemical, biological processes and there functions. After this data is collected, a stream can be restored to its ozzg condstran and function by imitatiing its initial slate, 2.1 Mitigadon procedure Mitebell & Associates, inc_, � developed the following mit'Ptiort plat to resolve the puraviously men mwd enforcement matters. Our client will be rewired to minimize the presetrt 650 linear feet of impacts to Leak Fork Creek to lea than 5001inesr feet 'This will require approximately 160 linear feet of the creek to be opened, the creck bank 'a- e0tablished, and the placement of vegetation and root wads along the stream banks for stabilization and erosion control. The Send component of the mitigation plan is related to the impacts associated with e8 of the unnamed tributary prevlou* located on site. This phase begins with rcdireCdn$ located at the s of the property east of HWY 52 along the perimeter of the project site. This redirwdon will create approxiUMely 1250 feet of meaudedA9 stream which will connect with Leak Fork Creek - Redizoat ng the 6tream will provide the streamllow with a cleaner bed, as opposed to the original which was littered with trash. Detailed below is the meMOdologv and data associated with irnplen$ this mitigation plan. , WATER & LAND SECTIC Fax 919 -716 -6766 Jul 3- ul 13 21 F 12 07/03/:001 12 21 FAX 9197831075 cruxivnn Ot JIA4ILL Lu.. 2.11. C Avert Removal and Stream. Restwation The cWyort located in T.oek fork. Creels i:t presently approximately 6601inear feet iii length and begins on the Northern prop.,LY bouuda7 and ends on the southern property boundM (piotu� 12 and 13). This culvert eonsists of two large pipet that have provided adequate space for high stream flaw. A portion of the culvert (i60 ft.) at the southern property boundxY end is to be removed to lessen tine OAverts length to 500 linear feet or 1e ", After the Culvert is removed, this area of stream will be restored to i N previous glutei conditions. Lack Fork Creek M be chW&*ri=d as & F/G type stream tha is undargointg degradation and widening. `This i$ ad by e * width to depth ratio and the pmunts of undeemutting and slougbi�ug of the banks both upgtte= and downstream of the edvetts. The banks are primarily being stabilized by grass vegetations, shrubs and root mat ell mom trees. 11se erosion is significant where meanders are prmeM with undeneuxtftg slougkting on the inner portion. width of the channel rsuges between 6 and 8 feet while the banldW width is M=XWWdY 10.16 feet, WaW depth range=d from 4 inches to 12 inches, varying according to the presents of pop's and rifles. The p1t dourly culvetted section of the stream will be restored to a natuna state with mcasu rvs being undertakers to p"veat subsequent erosion. Heavy cquipment will be used to remove full material and the rm pipes a the culvert, dxiring which cfosion control measures will be unde en, -w avoid contxminatiou to the crcck. This will be Ln the fog of silt fences plwed around the consmwtlon areas The crtelC bank bC sloped t[t a 2:1 angle. 'T'his will mimic h1thY stream chcteristics and prevent flirthcr erosion to dowasuearn areas, The 2:1 slope of6ers opdrtial stability with less need for iucroa3ed st wb*ttou methods, (MRCS 1999). Bank tops will be given a rounded K form u gmauel transition between upland and slope to allow for suitable plant growth- Native riparian vegetation and root wads wW be used for bank sta2siilzatlo L Root wads with a mod diameter between 10 to 20 inches fi= "I oeks w411 bei nstallod using the dIIve ^lam jury above the toe of the slope at ninety degree angles to the direction of water flow. They will be ksWled with 113 of the w9d below the baseflow elevadou. In additiou to prang stab%l KdOn the rent wails also will iMP de sediment USpOrt (NCCES 20Q0)- Creek iced materiel is available on site and will be consistent with the present bed ::.uzetial which ranges frpmsilt/olay to cobbles, 2.12 Stream Creadion An u> MMW in'bumy Once entered the property from am west $om a culvert that extends under Hwy. 52. This tributary descends eppmxim$tely 100 feet through a golly from HWY. 52 and ends at the property line. This st rem is narrow (1 �2 feet wide), and shallow with a depth Of 1 foot The banks of this tributary are low dad at an aPPruxiraate 1.5 slope. It is bordered by grassy ripe vegetation and shmbs in addition to oak 9 and maples. Bed nIMziai consists of silt/clay, cobbles, and boulders. WATER & LAND SECTIC, Fax 919 - 716 -6766 Jul 3 ui 13 21 P 13 07/03/001 12 21 F &X 9197g3fU75 crutctvan a ornulLU .,,., Our gaal is to cafe a new path for this tributW that will take an approxim*lY ninety degree turn north at the property line and. meander (1000ft) notch -east until falling out in a natural area before wo g L,.k Fork Creep Because much of the flaw volume is aasociatctd V,, rain fa rurboff that comes f HW 52, tb natural arft will benefit pollution removal before waters reach Leak Fork Creek. The � will have can avcmage depth of 4 £eet and a width of 2-4 feet with low 2-1 sloped bats. The tributary will be located m a 30 foot buffer zone to prey contamination and upland rurlofffrom eftnng. the step g the new 00arY is Mzft a new path of flow. Heavy' equipment 'will be used to dig the �r SUem p3& Standard �0s� control merit will be undertaken wiulg work is in program and vegetative Cover is in place. The slope of the a �b Y will be 2:1 which allows for optimal bank scald Zaticn Without Ig an ir►crea$e in stn A&Ad=procedu�S, This stops epcovra$�es natural plant growth and iulpedes sediment tra�p°rt fron} oeum'ng ($F'S 199 " Brt s are to be p}aded and rounded compacted tr plamting, Where the 90 degree turn takes place boulders off, &� the Soil slightly should be placed at the toe of tine slope fbr rimes of hxavY water flaw. live cuttings of willow branches will be waked at 2 foot inWrvals for further stabil zaaon' Additional zip Planking EAU take p� ig the fall fur elope stub'l ation33oth the owtside bend and to inside will be seeded for erosiox, central and to prevent sloughing. Sections 2 and 3 of tho now tributary, as nooad on the map, will be r0aflvelY sbnllar in design. (hudual meanders will be created WproxinuWAy every 40-50 feet to mimic nstmal charecteriMus. Outside bends wilt require stabilizIdcm in the fonn of Toot wads while inside bends will require only �e live piggs. pig vegetation should be retained to the extent feasible, as ahould -woody debtia and smmpg_ In addition to providing habitat and crosier► and sediment control, these feat oes provide seed mources and harbour a variet)r Of miffs (re'� Varieties of willows, oaks, and cottonwoods are beneficW vegeat gdon to be planted on slopes bomme tbbY are Davy seeded and fast growing. Live cutfltt s will be planted tp a depth to where they reach moist soil. At section 4 the stream will take a northerly turn and fall . off jito a natural area until read Leak Fork Creels. A berm adjacent to the property line will be coas#uLted to Imep water clew contained on the property Stabili=don of the stream inft bend will imitate the mcthOds used in the section 190 degree tam. The natntaliaed area should not require any additional seeding or planting sine adequate vegetation is already prescat. 2.13 Monitaring numng and after wank is ooinpleted Mitchell & Associ&M will monitor the site on a regular basis to endure ay C � OW pes will be sod four stwbr ion snd signs Off vegetation = is undey. WATER & LAND SECTICt ; Fax 919 - 716 -6766 Jul J Vl 13 22 P 14 07/09/21101 1221 PAX 91978.3 Iu(5 <YUxN�x a arxuiLx. ..,.r+ The above proposed mitigation plea meets USACOE stands snd will in fact improve the quality of Leak Fork Greek and its associned unnamed trilnincy.