19890189 Ver 1_Complete File_19890101

? R

NORTH DURHAM QUARRY
MITIGATION PLAN
REPORT TO NELLO TEER COMPANY
DURHAM, N.C.
JANUARY 20, 1989

page 1
1
MITIGATION PLAN
BACKGROUND
The Nello L. Teer Company plans to develop a rock
quarry in northern Durham County and adjacent segments-of
Orange County, North Carolina. The site was evaluated by
Robert J. Goldstein & Associates.(RJG&A) on behalf of Nello
L. Teer and its landscape architect and planner,, Ragsdale
Consultants. Recommendations were made by RJG&A to minimize
adverse impacts on wetlands, and those recommendations were
incorporated into plan modifications by Nello L. Teer and
Ragsdale Consultants. Consultation with the U.S.- Fish &
Wildlife Service (FWS), Army Corps of Engineers (COE), and
North Carolina Wildlife Resources Commission (WRC) resulted
in agreement that mitigation for unavoidable losses of
wetlands and wildlife habitat values were to be provided by
the Nello L. Teer Company. Subsequently., searches were
conducted throughout Durham County and adjacent areas for
suitable mitigation land, and series of reports provided to
the Nello L. Teer Company. The November 1988 report
described a potential site adjacent to the company's
Denfield Quarry site. This report describes activities at
that site and plans for meeting mitigation objectives.
SITE DESCRIPTION
Nello L. Teer property adjacent to the Denfield Quarry
(Durham County) was evaluated on November 18, 1988 as a
potential wetland mitigation site (Figures 1 and 2). The
evaluation included a comprehensive jurisdictional wetland
delineation of the property and habitat descriptions.
The site is located east of the Denfield Quarry pit at
the.base of the current waste pile. The area contains
approximately 45 (unsurveyed) acres of which half is
cut-over. The uncut half is predominantly a late
successional mesic forest dominated by oaks, hickories,
tulip poplar, and sweetgum, with some beech and pine.
The Durham County Soil Survey (Kirby, 1976)
illustrates several soil series occurring on the site
(Figure 3), including Altavista, Chewacla, Mayodan,
page 2

MITIGATION PLAN
Roanoke, and Wahee. Of these, only the Roanoke series is on
the COE hydric soils list (Environmental Laboratory, 1987).
Approximately 16 (unsurveyed) of the 45 acres was
determined in the field to be extant three-parameter
wetland, some in forested areas but most in the cut-over
area. Munsell soil designations in the wetland included:
10YR 5/2, mottled; 10YR 6/2, mottled; 10YR 7/1, mottled;
10YR 7/2, mottled. All of these are wetland soils according
to Corps of Engineers criteria based on chroma.
Some vernal pool habitat was found in the forested
portion of the wetland. Beaver activity has created
additional wetland acreage in the northwestern part of the
site (Figure 4) and this new wetland appears to be
expanding.
The nonwetland portion of the site, consisting of
approximately 29 (unsurveyed) acres, includes forested
portions and cut-over portions. RJG&A determined that the
nonwetland portion of the site was suitable for alteration
to wetland.
OBJECTIVES
Mitigation through carefully designed and controlled
excavation is intended to provide replacement wildlife
habitat values for those unavoidably lost in development of
the North Durham Quarry site. The plan herein proposed
meets agency and client objectives of close proximity to
the impacted site (same county), cost effectiveness (use of
the owner's property and minimal earth-moving costs), a
requirement of only simple changes in soil and vegetation
leading to a high probability of success, utilization of
existing wildlife habitat values (preservation of beaver
pond area and preservation of significant upland
vegetation), and monitoring.
The overall mechanism for altering the Denfield site
includes excavation of a network of canals and secondary
channels, supplemented with the excavation of connected
ponds and isolated pools. The canals, channels, ponds and
pools are expected to expand the horizontal extent of soil
saturation from streams and wetland portions of the site
out into nonwetlands, and increase ecological complexity
throughout the-site by preservation of present valuable
page 3

MITIGATION PLAN
upland vegetation (large mast producers) while replacing
less valuable upland vegetation (small trees, low shrubs)
with wetland vegetation (such as river birch), and by
enhancement of amphibian habitat. The retention of upland
pockets within newly created wetland will provide added
benefits of edge effect.
DETAILS OF CONSTRUCTION
Land clearing will include, but not be limited to, an
81-wide path for construction of canals. Excavated spoils
will be randomly placed at a distance of.approximately 5'
on the downhill side of all canals and channels, negating
the need for wider clearing for truck removal.
Primary canals will have a.maximum negative slope of
1' per 4001, a bottom width of 21, and 2:1 side slopes.
Secondary channels will be excavated at intervals of 50' if
topography allows and no significant mast trees would be
threatened. The channels would have a bottom width of 2'
and sloped to provide maximum surface to saturate adjacent
land.
Rip-rap weirs will be constructed in source streams
and ditches to increase friction and divert water during
annual periods of high flow into the artificial canals. The
rip-rap will additionally provide hard substratum for
colonization by stream insects.
r
The network of canals and channels will increase the
area of saturated land surface to the extent practicable,
dependent on seasonal flows over the weirs, varying
horizontal permeabilities of the several soil types on the
site, and the distance between channels. Water retention
capabilities of the soils on-site cannot reasonably be
quantified from soil data and soil maps, because the area
has been extensively disturbed.
An existing man-made pond on the site will be
converted from aquatic habitat to wetland habitat by
partial drainage'of water or filling with spoil, bringing
it to a depth suitable for the growth of.emergent
vegetation.
page 4
MITIGATION PLAN
Aquatic habitat will be enhanced by creation of
shallow ponds connected to new and existing streams and
channels. These ponds will serve as fish and amphibian
habitat, wildlife water supply reservoirs during periods of
drought, and substratum for emergent vegetation. Amphibian
habitat will be enhanced by excavation of vernal pools of
various depths that will become dry at different times and
provide a variety of periods for larval growth and
metamorphosis (Semlitsch and Wilbur, 1988). These vernal
pools will be isolated from all other existing streams or
constructed canals and channels, preventing fish
immigration and subsequent predation on amphibian eggs and
larvae.
IMPLEMENTATION
Accomplishment of this complex of objectives will
require coordination among Nello L. Teer construction
peronnel, Ragsdale Consultants, and RJG&A. An ecologist and
a landscape architect will be on-site to flag the locations
of the network of canals and channels, to mark valuable
upland mast trees that should not be removed or their root
field disturbed, and to establish bench marks throughout
the site for quality control of depth. Initial clearing
(81-wide path) for construction access will be accomplished
with a Caterpillar D6LGP dozer or equivalent. Construction
of the canals and channels will be accomplished with one or
two Caterpillar rubber-tired backhoes.
Vernal pools will be constructed with the 06LGP dozer
pushing outward from the center and creating a protective
berm to prevent fish immigration during floods. Leaf debris
will be collected from on-site drift lines and placed in
the vernal pools for initial fertilization. An RJG&A
ecologist will attempt the collection of amphibian brood
stock using a drift fence and pit traps at existing vernal
pools in the area, for transplantation to the new site.
Ponds will be constructed without protective berms.
The ponds should vegetate naturally. The extant wetland and
beaver pond provide adequate seed sources for many wetland
species and supplement vegetation should not be necessary.
page 5
MITIGATION PLAN
The rip-rap weirs will be constructed with the small
rubber-tired backhoes. The weirs will protect water flow
downstream, but divert excess flow in the canals and
channels during wet periods of the year (Figure 5). Rip-rap
sizes will be a.minimum of 25% greater than 24 inches and
no more than 10% less than 3 inches.
Total construction will require the excavation of up
to 5,000 cubic yards of dirt, to create up to 10,400 linear
feet of canals and channels and 15 pools and ponds. the
rip-rap weirs will require emplacement of approximately 45
tons of stone to create 5 weirs (Figure 4). The total
construction time, not counting weather delays, is
estimated at less than 60 days.
MONITORING
After completion of construction, the site will be
inspected twice yearly for a period of three years by an
RJG&A ecologist to ensure that the new wetland environment
is developing as planned. Concerned agencies (FWS, WRC)
will be provided progress letter reports of findings and
recommendations.
CREATION OF A CONSERVATION AREA
Upon completion of all tasks, from construction
through monitoring, the Nello L. Teer Company will record a
conservation easement in the land and subsequently donate
the land to anon-profit public interest group, such as the
Triangle Land,Conservancy, for land stewardship, subject to
acceptance conditions imposed by the recipient. The Nello
L. Teer Company will coordinate this activity with FWS and
WRC to assure agreement of the parties and consistency with
agency objectives.
page 6

MITIGATION PLAN
LITERATURE CITED
Environmental Laboratory. 1987. Corps of Engineers
Wetlands Delineatin Manual, Technical Report Y-87-1, U.S.
Army Engineer Waterways Experiment Station, Vicksburg, Ms.,
100 pp.
Kirby, R.M. 1976. Soil survey of Durham County, North
Carolina. USDA, SCS, Raleigh, N.C., 76 pp. + maps and
indi ces-
Semlitsch, R.D., and H.M. Wilbur. 1988. Effects of
pond drying time on metamorphosis and survival in the
salamander Ambystoma talpoideum. Copeia 1988(4):978-983.
page 7

FIGURE 1. Durham County, North
Carolina.
R / 'Z? yr d
ENVIRONMENTAL CONSULTANTS
Durant Road Office Park
8480 Garvey Drive
Raleigh, North Carolina 27604-3175
L--? C P ) --_`?-
` 1 • ( /,. 'wage %
?. PO ?:' •_ G'y-%: ° Disposal
°t7 1? •? `?.,..\ / ? 3994
?Jll 1 .,c 9le ^'?1,• IQber ?r?%, •,)` '' ?`. e/
Il . •'?OO -L?l ai •,•?\ ?.??\ •,?' gq, A' ?: I' j ??/'? • _ _ ._.?'_ _-1 ?'l'? /? I ? - .,(^
J ; V- ? ,Iy 1 j W o?M ? 'Y •Ir/- rlll•/ :, 0. ?%i• ? -. /?"l'/' , , - ' ?
• V? ?• • ? •: ?(-) {/? '? ? .. \ 1 ?? ? ?•i2i 111 .'? ', i..-.?? /..?'
14 W
??? : :?'I ? ?' • /• iii r ? . I ' `j 5,?-?' ..\'?1';:! .-, [ ?:. • •?. ?? f i ( ?
I Iq
oeve]
Ch-
Cem 't
..", 1 ?.? ?'' ??• l?. .:1"/;J 1:.d' :?.:. ?•.:-? r ? /.... j ;'!,r 300
Holt h 1 ` 1• ..??'•? ,o,: '. ??"i % /.,.I\,L/,?',:./' / ??.
f. n It
11 .'
?.'
om tead (ghtav ,''' •' i:cll. - r• r •" - `-.: ii l/ 1 !lf % .l '\;?! . 3992
' I
? .- •0, ) J44 ;?? lam- ;fi,? (' ., ?? tl_o=,?, •(r' '•I
3991
• :% 410 'y.. J / 11. •. Ili
<r i Fr ser
ti FR !S£ S7 \?' o ••"?1 ?/ _ : , Ukes h?•_ lij? •? -?-?-
\ /%..11?I (l o J/nt 'i !li //.'? •?'?/ ??? 2'30
111--
FIGURF 2. Denfield Quarry Mitigation
1 SCALE 1:24000 Property.
z 0
MILE
0 1000 2000 3000 4000
FEET
KILOMETER
e ?a ?? ¢vc? ?e?acced
_ ENVIRONMENTAL CONSULTANTS
Durant Road Office Park
8480 Garvey Drive
Raleigh, North Carolina 27604.3175
' Ib/. K r 'IeL KY 0
i'1?A?.pR .
'•t ?: }k••a '„.,? „GI.??.ti '6 Plt/_RJ.? rN.{.,.OAf. .NrAwjlttati

LK
e•uu
' r. J:
' 'i
•11. •1tOR?1 .
? L >a r. ?c

s' "' '. oltd.t.daac cwALY.?60ii CY1rIV7IpN
Pu?N vttw yrs,
r4N90M1.Y KJ+C17 C?ICAvATG? Gni{,

CtY.NNt.{.
. . S2RYliA.r,OtJ CauAL DGTIL
SP.aTWN vtGw N,T.$,
ARYNK/,V ON CRi,ON qp .
sNaL?,y>?`> 4NAL
• _ f.•.Y?{T V G C A
. DtvcRStoN DCTi?IL «..
FIGURE 5. Details of construction.
ENVIRONMENTAL CONSULTANTS
Durant Road Office Park
6480 Garvey Drive
Raleigh. North Carolina 27604-3175

activities, such as asphalt and ready-mix concrete plant operations which
would increase the marketability of the crushed aggregate produced on the
leased tract. During the time when said tract is not being used for any
purposes by the Lessee, the Lessors shall have the right to make such use of
the tract as may seem fit to them. In the event there is marketable timber
on said tract of land, Lessee will give Lessor notice of its, intent to move
in the area six (6) months in advance so that Lessor can remove the said
timber. If the timber is not removed by the Lessor, then Lessee can take
over the area and use it and the timber as it sees fit.
5. Lessee covenants and agrees that it will at all times during the
term of this lease indemnify and save harmless said Lessors against all
suits, actions and damages whatsoever that shall or may at any time happen
or result to said Lessor for or by reason of the mining or quarrying
operations, conducted by Lessee; provided, however, that all of the rights,
privileges, easements and appurtenances relating to the ownership or use of
said tract shall inure to the benefit of Lessee as fully and for all intents
and purposes as if Lessor was directly operating said quarry operations.
Lessee, at its cost shall maintain public liability and property damage
insurance with a combined single limit coverage of $1,000,000 for bodily
injury and property damage per occurrence.
6. It is understood and agreed that the terms of this Contract will
be extended for six (6) additional ten (10) year periods if Lessee notifies
Lessor in writing of its intention to so extend the term hereof not less
than thirty (30) days prior to the expiration of the initial three (3) year
period and like notice for each ten (10) year extension period thereafter.
In order that the Lessee shall not lose any right to extend this Agreement
because of the Lessee's oversight, it is expressly provided that if the
??

NORTH DURHAM QUARRY
MITIGATION PLAN
REPORT TO NELLO TEER COMPANY
DURHAM, N.C.
JANUARY 20, 1989

page 1
s
MITIGATION PLAN
BACKGROUND
The Nello L. Teer Company plans to develop a rock
quarry in northern Durham County and adjacent segments of
Orange County, North Carolina. The site was evaluated by
Robert J. Goldstein & Associates.(RJG&A) on behalf of Nello
L. Teer and its landscape architect and planner., Ragsdale
Consultants. Recommendations were made by RJG&A to minimize
adverse impacts on wetlands, and those recommendations were
incorporated into plan modifications by Nello L. Teer and
Ragsdale Consultants. Consultation with the U.S. Fish &.
Wildlife Service (FWS), Army Corps of Engineers (COE), and
North Carolina Wildlife Resources Commission (WRC) resulted
in agreement that mitigation for unavoidable losses of
wetlands and wildlife habitat values were to be provided by
the Nello L. Teer Company. Subsequently, searches were
conducted throughout Durham County and adjacent areas for
suitable mitigation land, and series of reports provided to
the Nello L. Teer Company. The November 1988 report
described a potential site adjacent to the company's
Denfield Quarry site. This report describes activities at
that site and plans for meeting mitigation objectives.
SITE DESCRIPTION
Nello L. Teer property adjacent to the Denfield Quarry
(Durham County) was evaluated on November 18, 1988 as a
potential wetland mitigation site (Figures 1 and 2). The
evaluation included a comprehensive jurisdictional wetland
delineation of the property and habitat descriptions.
The site is located east of the Denfield Quarry pit at
the.base of the current waste pile. The area contains
approximately 45 (unsurveyed) acres of which half is
cut-over. The uncut half is predominantly a late
successional mesic forest dominated by oaks, hickories,
tulip poplar, and sweetgum, with some beech and pine.
The Durham County Soil Survey (Kirby, 1976)
illustrates several soil series occurring on the site
(Figure 3), including Altavista, Chewacia, Mayodan,
page 2
MITIGATION PLAN
Roanoke, and Wahee. Of these, only the Roanoke series is on
the COE hydric soils list (Environmental Laboratory, 1987).
Approximately 16 (unsurveyed) of the 45 acres was
determined in the field to be extant three-parameter
wetland, some in forested areas but most in the cut-over
area. Munsel l soil designations in the wetland included:
10YR 5/2, mottled; 10YR 6/2, mottled; 10YR 7/1, mottled;
10YR 7/2, mottled. All of these are wetland soils according
to Corps of Engineers criteria based on chroma.
Some vernal pool habitat was found in the forested
portion of the wetland. Beaver activity has created
additional wetland acreage in the northwestern part of the
site (Figure 4) and this new wetland appears to be
expanding.
The nonwetland portion of the site, consisting of
approximately 29 (unsurveyed) acres, includes forested
portions and cut-over portions. RJG&A determined that the
nonwetland portion of the site was suitable for alteration
to wetland.
OBJECTIVES
Mitigation through carefully designed and controlled
excavation is intended to provide replacement wildlife
habitat values for those unavoidably lost in development of
the North Durham Quarry site. The plan herein proposed
meets agency and client objectives of close proximity to
the impacted site (same county), cost effectiveness (use of
the owner's property and minimal earth-moving costs), a
requirement of only simple changes in soil and vegetation
leading to a high probability of success, utilization of
existing wildlife habitat values (preservation of beaver
pond area and preservation of significant upland
vegetation), and monitoring.
The overall mechanism for altering the Denfield site
includes excavation of a network of canals and secondary
channels, supplemented with the excavation of connected
ponds and isolated pools. The canals, channels, ponds and
pools are expected to expand the horizontal extent of soil
saturation from streams and wetland portions of the site
out into nonwetlands, and increase ecological complexity
throughout the-site by preservation of present valuable
page 3
BOOK 1418 FpJE 551
STATE JF Roil F, * Aa±f -
opTH
r? ul btL • 5'61 5. 0 U I
rb
Encase Tax
FILED:
800KNIP picF 21.1. - ,: .
DEC 09 11 .87. . .
RUTH C. CARRETT
REGISTER Or DEEDS
DURHM COUNT 4. NC
Recording Time, Book and Page
Tax Lot No. 896-01-12 . .............. .................................................... Parcel Identifier No............................................................................
........
Verified by .................................................................... County on the ................ day of ..............................................:.......:,,18 ..........
by .............. .......................... ,............ ...................... ..... .................................................................................................................. ................
Ja;Fes R. H Sprinkler Nello ......................... . eompany, PC Box 1131, Durham, NC 27702
Mail after recording to . .
...
This instrument was prepared by B. M. Sessoms, Esq., PO Box 451, Durham, NC 27702
......................................................................................................................................................................
Brief description for the Index 83.28 Acres (Aiken Tract PBI&,Pa
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED made this ....3rd..... day of .......... 1?eCe bAr ................................. 1?J...$?...., by and between
GRANTOR I GRANTEE
DONALD REED POOLE and wife,
CAROL DAY POOLE
Route 2, Box 50
Rougemont, North Carolina 27572
NELLO L. TEER COMPANY
Post Office Box 1131
Durham, Nbrth Carolina 27702
Enter in appropriate block for eaeb party: name, address, and, U appropriate, ebaracter of entity, eq. corporation or partnership.
The designation Grantor and Grantee as used herein shall include said parties, their heirs, successois, and assigns, and
shall include singular, plural, masculine, feminine or neuter as required by context.
WITNESSETH, that the Grantor, for a valuable consideration paid by. the Grantee, the receipt of which is hereby
acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that
certain lot or parcel of land situated in the City of ...........••.•........•.•.•••.• ri. ngum ........................... Township,
Durham ................:.. County, North Carolina and more particularly described as f0ows:
BEGINNING at an iron pipe designated as Control Corner on the plat of survey
hereinafter set forth, said pipe being the northeast corner of the property hereinafter
described and being located North 81.' 07' 14" West 6731.28 Feet from N.C.G.S. Mon.
"Rou emont", thence South 00' 14' 41" East 2767.54 Feet to a concrete monument; thence
South 88' 20 13" West 1248.46 Feet to an iron pipe; thence North 02' 03' 01" West
2846.05 Feet to an iron pipe; thence South 88' 16' 02" East 1338.55 Feet to the existing
iron pipe, marking the point and place of beginning, and enclosing 83.28 acres as shown
on plat of survey entitled, "Survey of Nello L. Teer Company (Aiken Tract)" dated
December 1, 1987 by Ragsdale Consultants, P.A., Raleigh, NC and recorded in Plat Book
/&, Page J07 , Durham County Registry, to which reference is made for a more complete
and accurate description of the property by metes and bounds.
See Deeds Recorded in Deed Book 93, Page 234; Deed Book 993, Page 632, Durham
County Registry.
The Grantors grant and convey to Grantees, its successors and assigns, a 60-foot
right-of-way for ingress and egress between the property conveyed and Cameron Mill
Road (SR 1471) as follows: sixty (60) feet on the west side of and along the east
property line of tract 2 as shown on.plat of survey recorded in Plat Book 41, Page 66,
Durham County Registry; and sixty (60) feet on the west side of and along the east
property line of tract 4 as shown on plat of survey recorded in Plat Book 42, Page 68,
Durham County Registry.
N.C. Bar Assoc. Form No. 7 » 1976. asvlssd 1977.
hand M A,?1 .0 1U. N C Mr Amm -1M1.
r.

B -750 PACE M
The property hereinabove described was acquired by Grantor' by instrument recorded in .... Real Estate Book 717
. ..........................................
.at...3.10...of..:t;Yle..Rrange...QQ=ty..RegJr i+e>;..af...M01%r .................................................................................................................
A map-showing the above described property is recorded in Plat Book ......................... :.......... page..::.............,......
TO HAVE AND TO HOLD,the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to
the Grantee in fee simple.
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey
the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and
defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated.
Title to the property hereinabove described is subject to the following exceptions:
IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or It corporate, has caused this Instrument to be signed In Its
corporate name by Its duly authorized officers and Its seal to be hereunto affi
d b
th
i

above written. xe
y au
or
ty of Its Board of Directors, the day and year first
-----------------------L-
----•---------------------------------
(C
---------- --- --------- -----------------------------(SEAL)
orporate Name) ?? RICKY A. WSON

By: -------------------------------------------------- --------- O
`

__ __-(SEAL.)
----- ---
-----------------
F?
"
A7NE
C D N
--------------- President

ATTEST; U
-------------------------------------------------------------(SEAL)
---------------------------------------------------------------
----------------------------Secretary (Corporate seal)
"D -------------------------------------------------------------(SEAL)
DURHAM
SSAL-STAMP NORTH CAROLINA, ------------------ ---------------- County.
I, a Notary Public of the my and totatomsald, certify that Ricky A. Dawson and wife
Maine ?. ?awson -------- ---------•-----
--------------------------------------------------------•------------------------------------------- Grantor,
Personally appeared before me this day and acknowledged the execution of the foregoing Instrument. Witness my
Y
p hand and official stamp or seal, this --- th day o s --ember--------\ - 1888
- --------- ? -.--- ---•
My commission expires: __APrii_.5.__19.q3------ A-- ./____- ---
-1
-A- t
Aep A, R,
o.U f3 Lk
NORTH CAROLINA, ---------------------------------- County.
Public
I, a Notary Public of the County and State aforesaid, certify that ------------------------------------------
m personally came before me this day and acknowledged that ____ he Is ___________________________ secretary of
..fit _____________ a North Carolina corporation, and that by authority duly
_. Y
given and as the act of the corporation, the foregoing instrument Was signed In its name by Its ______-____
» President, sealed with its corporate seal and attested by ----------- as its -____-___-- -___-- secretary.
a
Witness my hand and official stamp or seal, this -------day of -------------------------- , is________•
bly commission expires: _______________________________ ________ ---_----°_--_ Notary Public
The foregoing Certificate i*of -------------------------------------------------------------°-
R. David Wicker Jr. ?Jotar P
------------------------------------- -•--C----------------------------------
---------------* -------------------------------------------------------------------------------------------
Is/&VaXcertified to be correct. This Instrument and this certificate are duly registered at the date and time and In the Book and page shown on the
first page hereof.
his the 9th da of ept 1988 Betty June Hayes,
--- e
y Oran e
-- ---- -------------------- REGISTER OF DEEDS FOR------------ Or4.4g
By _ - - =- -- ---- -- - ------------------- Deputy/Aesissarrr Register of Deeds
N.C. Bar Assoc. Form No. 3 m 1976, Revised 1977. - POOLE PRINTING CO., INC. P.O. BOX 17376 RALEIGH, N.C.'27619
P,inl.d by Arr. nt ..•ith the N.C. Bar A. --1981.
U
?12)y
o
Se
(-? - / q akv-,O-
30
pe6L-
??-3197
a?"
&Apo? (a? LOL)/o
t(??5 l 7 (A? ?--
&?? --l-o is)

REFERENCES
1. U.S. Environmental Protection Agency, 1976. Erosion and Sediment
Control. Surface Mining in the Eastern U.S., Volume I (Planning) and
Volume II (Design). Washington, D.C.
2. Goldman, S.J., K. Jackson, and T. Bursztynsky, 1986. Erosion and
Sediment Control Handbook. McGraw-Hill.
3. Virginia State Water Control Board, 1979. Best Management Practices
Handbook, Surface Mining.
4. U.S. Department of Agriculture, Soil Conservation Service, 1979. Guide
for Sediment Control on Construction Sites in North Carolina.
5. Maryland Water Resources Administration, 1985. Maryland Erosion and
Sediment Controls (Draft) for the Sediment and Stormwater Division.
6. Novotny, V. and G. Chesters, 1981. Handbook of Nonpoint Pollution:
Sources.and Management. Van Nostrand Rei o Co.
7. Personal communication with Arthur Mouberry, Supervisor of Permitting
Office, State of North Carolina Department of Natural Resources and
Community Development, Division of Environmental Management, water
Quality Division.
8. Personal communication with Dr. Robert Holman, Coordinator of Water
Supply Protection Program, State of North Carolina Department of
Natural Resources and City Development, Division of Environmental
Management, Water Quality Division.
9. State of North Carolina Environmental Management Commission, Department
of Natural Resources and Community Development, 1/85. North Carolina
Administrative Code, "Sedimentation Control" (T15:04 7OC-1).
10. Fairfax County, Virginia, 1985. Public Facilities Manual.
11. State of North Carolina Environmental Management Commission, Department
of Natural Resources and Community Development, 3/1/86. North Carolina
Administrative Code, "Surface Water Standards" (T15: 0213.0200).

0-0?
}

F ?2 1,? sZ "73 3 - SS6 g 3
'"' --aor ,?r1oyS 8"2.2 -/17
8 z- 606-c-
D
I <<
01

1 ?
f?

NL ?40111

-MPORTANT _MESSAGE
TU - _ -
A. M.
.:,DATE TIME
VILHILE YOU ERE. OUT

OF :.± r
Area Code x
& Egchan`ge "

TELEPHONED" , PLEASE CALL
CALLED TO'`Se YOU WILL CALL:AGAIN
WANTS.TO`SEE YOU URGENT

RETU0Z14 OUR CALL - ?'
Message

Operator
c

t. 141-IMP T NT MESSAGE
TO. , .
DATE TIME_

`1NH1 E_ YOU "OUT
M

Area Code
?
Exchange
'
`&- -
.
TELEPHONED': PLEASE CALL
CALLED TQ,'SEE YOU WILL CALL AGAIN
WANTS TO SEE YOU URGENT
" 'RETURNED` YOUR, CALL
Messa
e
g

VtU
Operator,
tae

Mr. Leo Young
December 15, 1987
Page 6
CAMP DRESSER & McKEE
acreage will not be disturbed during quarry operations. Relocation of
the North orange pond to a downstream location is recommended to
provide additional storage and to increase the project area covered by
the drainage plan.
We also recommend that temporary erosion control devices be
constructed downstream of the future North orange process area during
initial construction of the quarry site. Permanent erosion control
measures should be mandatory if this area is to be developed as a
process site.
Drainage Conveyance. Peak runoff generated from the North Durham
quarry site was estimated using SCS TR-55 methods. All drainage
control devices were sized to convey runoff from the 25-year, 24-hour
SCS type II design storm. Required channel dimensions were determined
from Manning's equation.
Peak runoff generated from the North Orange quarry site were estimated
using the Rational Formula. All drainage devices were sized to convey
runoff from the 25-year, 24-hour SCS Type II design storm. Channel
dimensions were determined from Manning's equation.
On the North Durham site, drainage ditches "PQ" and "RQ" end
approximately 500 ft upstream of the eastern large detention basin.
These ditches convey runoff from the primary crusher/surge pile/dump
station area. To minimize erosion impacts, a filter strip or
grass-lined/filter-lined channel is recommended to convey flow from
ditch outlets to the detention basin. Likewise, filter-lined channels
should be constructed to convey flows from basin outlets to receiving
waters.
Peak Runoff Control. No analysis of peak runoff control was provided
or the detention pond design. Ttie Fr?:rformance standard set by the
state NR&CD Sedimentation Control (T?5: 048.000) is based upon maximum
permissible velocities for storm water discharges. Post-construction
conditions must not exceed the greate- of:
(1) pre-construction runoff velocities for the 10-year storm; or
(2) maximum permissible velocities for various soil textures
ranging from fine sand (2.5 fps) to fine gravel (5.0 fps).
Increases in peak flow rates, flow velocities, and flow volumes can be
expected if the quarry, associated processing areas, and roads are
constructed. To prevent adverse impacts along downstream reaches of
Buffalo Creek due to the changes in upstream hydrologic character-
istics, detention ponds must be designed to provide sufficient storage
with outlet structures sized to control peak runoff from the site.
For control of streambank erosion, a 2-year design storm is a more
MITIGATION PLAN
Aquatic habitat will be enhanced by creation of
shallow ponds connected to new and existing streams and
channels. These ponds will serve as fish and amphibian
habitat, wildlife water supply reservoirs during periods of
drought, and substratum for emergent vegetation. Amphibian
habitat will be enhanced by excavation of vernal pools of
various depths that will become dry at different times and
provide a variety of periods for larval growth and
metamorphosis (Semlitsch and Wilbur, 1988). These vernal
pools will be isolated from all other existing streams or
constructed canals and channels, preventing fish
immigration and subsequent predation on amphibian eggs and
larvae.
IMPLEMENTATION
Accomplishment of this complex of objectives will
require coordination among Nello L. Teer construction
peronnel, Ragsdale Consultants, and RJG&A. An ecologist and
a landscape architect will be on-site to flag the locations
of the network of canals and channels, to mark valuable
upland mast trees that should not be removed or their root
field disturbed, and to establish bench marks throughout
the site for quality control of depth. Initial clearing
(81-wide path) for construction access will be accomplished
with a Caterpillar D6LGP dozer or equivalent. Construction
of the canals and channels will be accomplished with one or
two Caterpillar rubber-tired backhoes.
Vernal pools will be constructed with the D6LGP dozer
pushing outward from the center and creating a protective
berm to prevent fish immigration during floods. Leaf debris
will be collected from on-site drift lines and placed in
the vernal pools for initial fertilization. An RJG&A
ecologist will attempt the collection of amphibian brood
stock using a drift fence and pit traps at existing vernal
pools in the area, for transplantation to the new site.
Ponds will be constructed without protective berms.
The ponds should vegetate naturally. The extant wetland and
beaver pond provide adequate seed sources for many wetland
species and supplement vegetation should not be necessary.
page 5
0 , IN,
NORTH CAROLINA
DURHAM COUNTY
CONTRACT AND AGREEMENT
THIS CONTRACT AND AGREEMENT, made and executed in duplicate as of
the /Z day of 1986, by and between DONALD REED POOLE
and wife, CAROL D. POOLE, residents of Durham County, North Carolina
hereinafter called "Lessors" and NELLO L. TEER COMPANY, a Delaware
Corporation with its principal office and place of business in Durham, North
Carolina, hereinafter called "Lessee":
WITNESSETH:
THAT THE LESSORS, for and in consideration of the sum of Ten Dollars
($10.00) to them in hand paid, and the rent and/or royalty hereinafter
specified to be paid, and in consideration of the covenants and agreements
set forth, do hereby lease unto the Lessee for the term of three (3) years
from date those certain lands or parcels of land containing 251.54 acres,
more or less, as fully described as Tract #2 in the Federal Land Bank of
Columbia Deed of Trust dated April 11, 1984 and filed in Mortgage Book 1153,
page 865, Durham County Registry, said deed description herein hereby
specifically referred to and incorporated herein as if fully set forth; the
said 252 acre tract being distinctly located in Mangum Township, Durham
County and in Little River Township, Orange County, North Carolina and
consisting of three contiguous parcels of land, one parcel of 186 acres as
shown on a plat recorded in Plat Book 8, Page 65, of the Orange County
Registry, one parcel of 95.4 acres as shown on a plat recorded in Plat Book
9, Page 30, of the Orange County Registry, and one parcel of 40.13 acres.as
shown on a plat recorded in Plat Book 41, Page 66, of the Durham Count
Registry.
01 There is expected from this tract the following: (1) 22.68 acres 11-1
conveyed to Bruce I. DeWold in Book 234, Page 1440, Orange County Registry,
(2) a 40 acre tract, more or less, described in deed to E. D. Prysock in
Book 231, Page 1751, Orange County Registry, and (3) 8.31 acres, more or
less, conveyed to W. D. Aiken in Book 400, Page 387, Durham County Registry.
TO HAVE AND TO HOLD the above-mentioned tract, together with all
privileges and appurtenances thereunto belong, for the operation of
quarrying and related activities, as hereinafter set out, to the said
Lessee, its successors and assigns, for and during, the term of the said
three (3) year period, and any renewal and extension of said term, for the
sole and only use of Lessee for the mining and removal therefrom, by
blasting or otherwise, the deposits of rock, stone, gravel and sand of a
commercial grade on or under said tract with full and exclusive right and
privilege to construct, operate and maintain thereon such-quarrying,
washing, crushing and other plants, machinery, appliances, ponds, settling
basins, power lines, roads, railway and railway spur lines, and other
desirable facilities, including all types of buildings and structures
connected with or related to said operation of said tract, and including
water rights to all bodies of water on or contiguous with the tract above
described for the purpose of obtaining such supply of water as may be deemed
desirable by the Lessee in connection with said operations. Lessee shall
have the right to remove or leave all such structures, plants, appliances,
rails, accessories, and other improvements from said lands so placed thereon
by it at any time during the term of this lease and within six (6) months
thereafter; and, will -remove all such structures, plants, appliances, rails,
accessories, and other improvements--as requested by the Lessor after
termination of said lease. It is also understood and agreed that the Lessee
I 10 r
II
!KiTJA??iD??i
• ?.lA?+•S RII Mta !'N.F Ot9? ?AM,J1t04 ?
X.
?.AL

s.•..• . pR.LIdAOa . '?.?ai?.`•e''actltrorrpN
??A.r vrcw yrs, '
!r1!/?4?MpOMW KKaO C>r?vATCO {OiL .
CMINIwt.L
SRR1ji Mr?O.J C.;WAL DLYA.L
5"Tk2N vlcv N.
-. ARI•afKlti GvtKOIOJ ?e '
S?IaA/ ?.Aa1AL
7Ia2•aa. I{GV `?
1
?ti9'?r lVr ,>
1 .• I
t?rvertslON barAIL
.. 4CCri0u YlAv Ntq .
FTGURE 5. Details of construction.
0
ENVIRONMENTAL CONSULTANTS
Durant Road Office Park
8480 Garvey Drive
Raleigh' North Carolina 27604.3175
J . `1
AW.0 rs.r jR,? 1 r?
A 'a r
IV E= L_ L. O L_ _ T E-= E= 1R C O M F=A N Y
A Subsidiary of Koppers Companv, Inc.
OFFICE TEL: [phone] • TELEX: 57-9448
February 9, 1989
U. S. Army Corps of.Engineers
Ms. Kathy Trott
11413 Falls of Neuse Road
Wake Forest, North Carolina 27587
RE:
Dear Ms. Trott:
f,.
Application for a COE 404E
permit.
It is with pleasure that Nello L. Teer Company submits
this application for a Corps of Engineers 404E Dredge and
Fill Permit. As discussed with Ken Jolly of the Corps of
Engineers, you will find enclosed with this letter the
following information in triplicate:
1) Completed application for a permit.
2) Vicinity maps
3) Project mining plan
4) Cross sections
5) Wetlands mitigation proposal
The limited reserves at our existing Durham Quarry
necessitate the relocation of this facility so that Durham
County's crushed stone requirements will continue to be met.
After years of exploration and testing, a suitable quarry
site has been discovered on the Reed Poole property, which is
west of Rougemont, North Carolina.
Upon completion of the environmental assessment for this
prospective site, Robert Goldstein and Associates informed
Nello L. Teer Company of existing wetlands located onsite
which would be disturbed by our operation. Dr. Goldstein
proceeded to delineate these.wetlands in the field and inform
the C.O.E. and U.S. Fish and Wildlife of his findings.
During conversati-ons and meetings with the C.O.E. and U.S.
Fish and Wildlife, in their offices and in the field, it was
decided that the most appropriate solution to the wetlands
problem would be to find a mitigation site which, with work
performed by Nello Teer'Company, could be transformed into a
wetlands area.
®CITYOF MEDICINE, USA

U.S. Corps of Engineers
Wetlands Mitigation
2/9/89
Page 2
Alternatives to wetland mitigation, which were addressed
and for specific reasons were not viable, are as follows:
1) Finding another site with which to supply the stone
needs of-the county. The geology of Durham County is such
that only limited specific areas of the county contain rock
which would not only be suitable for stone production, but
also economically viable. Much of the area that is underlain
with suitable stone falls within the Durham County zoning
designation known as the Water Quality Critical Basin area of
the county. This area restricts the type of development
which may occur in the water quality critical area so that
the City of Durham's drinking water will be protected, and is
very restrictive with regards to industrial and manufacturing
operations. A quarry would not be allowed in this zoning
designation. Residential development in other areas where
suitable material may be found has further restricted, and/or
eliminated the location of another site.
It should be noted that this location, in fact,
represents the last possible alternative site in our
exploration effort, and does not represent the best location
found. Sites near Little River dam and Little River School
were potentially better sites, but were culled due to either
local opposition or zoning restraints.
2) Redesigning the site to eliminate the need to
disturb wetland areas.
Two areas of concern expressed by U. S. Fish and
Wildlife representatives, regarding wetland disturbance, were
the size and location of the main detention ponds for
stormwater runoff and the layout of the quarry pit. U. S.
Fish and Wildlife requested that we evaluate not only the
need for the two ponds, but also the-possibility of
decreasing-the surface area of the ponds by excavating in the
reservoir area and, in effect, deepening the ponds. This
would create the necessary storage capacity and thereby
lessen the impact on wetlands..
At the request of the Durham County Board of
Commissioners, Camp, Dresser and McKee, retained by Durham
County-as the watershed consultant, was asked to review the
entire North Durham Quarry project and its effect, if any, on
y
• Y
U.S. Corps of Engineers
Wetlands Mitigation
2/9/89
Page 3
the Little River watershed. As part of their findings, they
concluded that the two detention ponds were not of sufficient
surface area to minimize offsite sedimentation. As a result,
they requested that the surface area of the ponds be
increased-from approximately 22 to 30 acres. Due to this
engineering consideration, relocation and/or decreasing the
size of the ponds was.not attainable. Their findings are
included as an attachment to this correspondence.
The second area of concern, being the layout of the
quarry pit, was evaluated by Teer to see if it would be
possible for the pit to be reconfigured to avoid or minimize
wetland disturbance. While it sounds easy enough to do, a
comprehensive mining plan designed to avoid wetlands is
impractical, at best. As seen on the enclosed maps and cross
sections, the occurrence of wetlands within the proposed pit
area effectively dissects the pit into three quadrants.
Mining could proceed without direct disturbance of the
wetlands, although once the surrounding areas were mined and
the topography of the drainage basin altered, then the
wetlands will no longer receive periodic influxes of water
necessary for their survival.
As you will note on the enclosed cross sections,
avoidance of wetland areas would also drastically reduce the
reserve potential of the deposit and greatly diminish our
ability to develop an orderly, systematic mining plan. It
should also be noted that the Teer Company has entered into
an agreement with the City of Durham for their eventual use
of the mining pit, with its present configuration, as a raw
water storage facility. Having to mine around the wetlands
would ultimately reduce the potential storage capacity of pit
and probably render the City of Durham's intentions useless.
Upon consideration of these and other alternatives, it
was decided that the best method of solving the wetlands
problem was to have Dr. Goldstein develop a wetlands
mitigation plan.- After many site evaluations, Dr. Goldstein
decided that a tract of land owned by Nello Teer Company at
its present Durham Quarry location would be suitable for
mitigation purposes. The enclosed mitigation plan has been
reviewed by various governmental agencies and-found to be
acceptable, based on preliminary discussions and plan review.
y
U.S. Corps of Engineers
Wetlands Mitigation
2/9/89
Page 4
I hope that the enclosed plans and application meet with
the approval of all concerned. If any questions arise,
please do not hesitate to call me at 682-6191.
Sincerely,
/'L V L. T OMPA
? - r / 7-"-
sR. . Sprinkle
V:perati lirr.
0 0 s Manager
JRHS/dg
Enclosures
CC: File
4d x
ENVIRONMENTAL CONSULTANTS
Durant Office Park
8480 Garvey Drive
Raleigh, North Carolina 27604-3175
Telephone [phone]
April 20, 1989
John R. Dorney, Water Quality Planner
NRCD - Division of Environmental Management
P.O. Box 27687
Raleigh, North Carolina 27611
Dear John:
This letter describes the essential components of the
monitoring plan offered by the Nello L. Teer Company for
the Denfield mitigation site. It is anticipated that this
plan, offered by Robert J. Goldstein & Associates (RJG&A)
as agent for the Nello L. Teer Company, meets remaining
concerns regarding 401 certification from DEM, and that DEM
will request the Corps of Engineers to make this plan a
condition of the 404 permit for the proposed North Durham
Quarry in Durham and Orange County.
The goal of the monitoring plan is to provide a
quantitative basis for evaluating whether the goals of the
mitigation plan are being met during the initial three
years subsequent to hydrologic alteration. The plan
addresses hydrology, vegetation, and soils, frequency and
duration of monitoring, reports, and coordination.
Hydrology. RJG&A, acting for the Nello Teer Company,
will investigate the altered site twice a year in April and
October for a period of three years to verify that the
artificial pools, canals and channels are not blocked, and
are functioning to deliver water through the site as
intended in the mitigation plan. If flow interruptions are
detected, RJG&A will report them to DEM and to Nello Teer.
Within 30 days, Nello Teer will repair the blockage and
report to DEM that the problem has been corrected.
Vegetation. A total of 100 potted river birch
saplings, two years of age and three to five feet in
height, will be purchased from a North Carolina nursery.
River birch was selected as a fast-growing, obligate
wetland tree that is typical of wetland vegetation. Potted
saplings of this age and size were selected to minimize
mortality.
,*#, 4
Goldstein, p. 2
One third of the saplings will be planted by Nello
Teer personnel or their contractors in an upland area at
the Denfield site, one third will be planted in existing
wetlands on the site, and one third will be planted in the
altered region of channels and canals. Efforts will be made
to provide approximately the same level of shade/sun
exposure to all saplings.
The immediate area around each sapling will be sprayed
twice a year for two years with N-(phosphonomethyl) glycine
to eliminate competition during the critical period when
the root system is spreading into the native soils.
In April and October, for a period of three years,
RJG&A personnel will measure the diameter in inches of all
surviving saplings at a height of 36 inches from ground
level, and compare survival and growth rates of the three
groups.
Soils. During the twice yearly site visits during the
three year monitoring period, RJG&A personnel will take ten
core samples with a soil auger in each of the three zones
(upland, wetland, altered). The soil samples will be
compared with Munsell color charts for hue, value, and
chroma. Soil colors will be compared for the three zones
over time.
Coordination. DEM will be informed not less than two
weeks in advance of all RJG&A site visits in order to
schedule the accompaniment of observers. DEM shall
coordinate the observer roles of F&WS, WRC, or other
concerned agencies.
Reports. Following the initial planting and each of
the six subsequent monitoring site visits, RJG&A will
provide a report to Nello Teer and OEM describing the site
visit, the work done, data and calculations, and our
conclusions.
Sincerely yours,

Robert J. Goldstein, Ph.D.
cc: Steve Edgerton, Nello L. Teer Company
Mike Gibbons, Ragsdale Consultants
Kathy Trott, U.S. Army Corps of Engineers
Wilson Laney, U.S. Fish & Wildlife Service
Don Baker, N.C. Wildlife Resources Commission
DIVISION OF ENVIRONMENTAL MANAGEMENT
April 27, 1989
MEMO TO: Bill Mills
FROM: John Dorne''?•'?"'`
SUBJECT: Monitoring Plan for Nello Teer North Durham Quarry
The following condition should be included in the 401
Certification for the Nello Teer North Durham Quarry site in
order to satisfy DEM monitoring concerns.
Monitoring
Hydrology
The applicant shall investigate the created wetland site in
April and October for three years after creation to verify that
the artificial pools, canals and channels are not blocked and are
functioning as planned. Any repairs shall be done within 30 days
of discovery. The Raleigh Regional Office of DEM will be
notified of the result of the inspections and any repairs.
Vegetation
The applicant shall plant at least up to 100 potted river
birch saplings (two years old and three to five feet tall) in the
mitigation site. Equal portions will be planted in an upland
site, existing wetland and created wetland. Efforts shall be
made to provide approximately the same level of shade/sun to all
saplings. Areas immediately around the saplings may be carefully
sprayed with appropriate herbicides as needed to reduce weed
competition. Trees will be numbered and a map prepared which
will be sufficient to locate the trees in the future.
In April and October for three years after planting, the
applicant will measure tree diameter at 36 inches from the
ground, tree height and survival. Tree growth and survival will
be compared. Notes about other vegetation changes will be made.
Data will be kept on an individual tree basis.
Soils
During each twice-yearly visit of the three year
monitoring period, the applicant shall take at least ten core
samples with an auger in each of the three zones (upland,
.r
MEMO TO: Bill Mills
April 27, 1989
Page Two
existing wetland, created wetland). Soil samples shall be
compared to Muncell color charts for hue, value and chroma. Soil
sample locations shall be mapped and subsequent samples taken
nearby.
Agency Coordination and Reports:
The applicant shall notify the Raleigh Regional Office of
DEM in writing no less than two weeks in advance of the data
collection. Other appropriate state and federal agencies shall
also be notified by the applicant in writing.
Following the initial planting and after each of the six
monitoring visits, the applicant shall within 60 days, prepare
reports to DEM describing site visits, work done, data and
conclusions. At the end of the three year monitoring period, the
applicant shall prepare a final report, acceptable to DEM,
describing the results of the created wetland effort and
information learned.
JD/jho
cc: Steve Tedder
Ron Ferrell
VOL.16/MILLS.M

NORTH CAROLINA
CONTRACT AND AGREEMENT
DURHAM COUNTY
THIS CONTRACT AND AGREEMENT, made and executed in duplicate as of
the /Z day of '1986, by and between DONALD REED POOLE
and wife, CAROL D. POOLE, residents of Durham County, North Carolina
hereinafter called "Lessors" and NELLO L. TEER COMPANY, a Delaware
Corporation with its principal office and place of business in Durham, North
Carolina, hereinafter called "Lessee":
WITNESSETH:
THAT THE LESSORS, for and in consideration of the sum of Ten Dollars
($10.00) to them in hand paid, and the rent and/or royalty hereinafter
specified to be paid, and in consideration of the covenants and agreements
set forth, do hereby lease unto the Lessee for the term of three (3) years
from date those certain lands or parcels of land containing 251.54 acres,
more or less, as fully described as Tract #2 in the Federal Land Bank of
Columbia Deed of Trust• dated April 11, 1984 and filed in Mortgage Book 1153,
page 865, Durham County Registry, said deed description herein hereby
specifically referred to and incorporated herein as if fully set forth; the
said 252 acre tract being distinctly located in Mangum Township, Durham
County and in Little River Township, Orange County, North Carolina and
consisting of three contiguous parcels of land, one parcel of 186 acres as
shown on a plat recorded in Plat Book 8, Page 65, of the Orange County
Registry, one parcel of 95.4 acres as shown on a plat recorded in Plat Book
9, Page 30, of the Orange County Registry, and one parcel of 40.13 acres as
shown on a plat recorded in Plat Book 41, Page 66, of the Durham Count
Registry.
?-r
I NO
There is expected from this tract the following: (1) 22.68 acres
conveyed to Bruce I. DeWold in Book 234, Page 1440, Orange County Registry,
(2) a 40 acre tract, more or less, described in deed to E. D. Prysock in
Book 231, Page 1751, Orange County Registry, and (3) 8.31 acres, more or
less, conveyed to W. D. Aiken in Book 400, Page 387, Durham County Registry.
TO HAVE AND TO HOLD the above-mentioned tract, together with all
privileges and appurtenances thereunto belong, for the operation of
quarrying and related activities, as hereinafter set out, to the said
Lessee, its successors and assigns, for and during the term of the said
three (3) year period, and any renewal and extension of said term, for the
sole and only use of Lessee for the mining and removal therefrom, by
blasting or otherwise,,.the deposits of rock, stone, gravel and sand of a
commercial grade on or under said tract with full and exclusive right and
privilege to construct, operate and maintain thereon such-quarrying,
washing, crushing and other plants, machinery, appliances, ponds, settling
basins, power lines, roads, railway and railway spur lines, and other
desirable facilities, including all types of buildings and structures
connected with or related to said operation of said tract, and including
water rights to all bodies of water on or contiguous with the tract above
described for the purpose of obtaining such supply of water as may be deemed
desirable by the Lessee in connection with said operations. Lessee shall
have the right to remove or leave all such structures, plants, appliances,
rails, accessories, and other improvements from said lands so placed thereon
by it at any time during the term of this lease and within six (6) months
thereafter; and, will -remove all such structures, plants, appliances, rails,
accessories, and other improvements- as requested by the Lessor after
termination of said lease. It is also understood and agreed that the Lessee
5 ,
activities, such as asphalt and ready-mix concrete plant operations which
would increase the marketability of the crushed aggregate produced on the
leased tract. During the time when said tract is not being used for any
purposes by the Lessee, the Lessors shall have the right to make such use of
the tract as may seem fit to them. In the event there is marketable timber
on said tract of land, Lessee will give Lessor notice of its intent to move
in the area six (6) months in advance so that Lessor can remove the said
timber. If the timber is not removed by the Lessor, then Lessee can take
over the area and use it and the timber as it sees fit.
5. Lessee covenants and agrees that it will at all times during the
term of this lease indemnify and save harmless said Lessors against all
suits, actions and damages whatsoever that shall or may at any time happen
or result to said Lessor for or by reason of the mining or quarrying
operations, conducted by Lessee; provided, however, that all of the rights,
privileges, easements and appurtenances relating to the ownership or use of
said tract shall inure to the benefit of Lessee as fully and for all intents
and purposes as if Lessor was directly operating said quarry operations.
Lessee, at its cost shall maintain public liability and property damage
insurance with a combined single limit coverage of $1,000,000 for bodily
injury and property damage per occurrence.
6. It is understood and agreed that the terms of this Contract will
be extended for six (6) additional ten (10) year periods if Lessee notifies
Lessor in writing of its intention to so extend the term hereof not less
than thirty (30) days prior to the expiration of the initial three (3) year
period and like notice for each ten (10) year extension period thereafter.
In order that the Lessee shall not lose any right to extend this Agreement
because of the Lessee's oversight, it is expressly provided that if the
Q
4 ?
t '
9. The Lessor covenants that at the time of execution of this Lease
it is the owner of the property in fee and have full right to lease or sell
same, and that same is free and clear of all encumbrances, and that it will
put the Lessee in actual possession of the premises. If there are any liens
or encumbrances prior or superior to Lessee's right hereto, Lessee has
option to satisfy same and 'deduct its cost from minimum payments or
royalties.
10. There is specifically excluded from this Contract and Agreement,
all rights and interest to precious minerals and other resources, including,
but not limited to, gold, silver, uranium, diamonds and crude oil, it being
the intention of the parties hereto that the Lessess hereunder shall quarry
deposits of rock, stone, gravel, and sand of a commercial grade only.
IN WITNESS HEREOF, Lessors have each hereunto set their hands and
seals, and the Lessee has caused this instrument to be signed in its
corporate name by its Vice President and attested by its Assistant Secretary
and its corporate seal to be affixed in duplicate originals as of the year
first above written.
(SEAL)
DO D REED POOLE
(SEAL)
-C-4n,'Ui J?. CAROL D. POOLE
NE O?Z. ER COMP Y
By:
Thomas Gould, Vice President
A73ST; A -
?PlZyd T. organ, sista . Secretary
- 9 -
P. . . k.
L
a Notary Public, certify that
DONALD REED POOLE and wife, CAROL D. POOLE, both personally appeared before
me this day and acknowledged the due execution of the foregoing instrument.
Witness my hand and notarial seal this ! 14 L day of 1986.
NORTH CAROLINA
/(iCG /-:,•'z,,/,COUNTY
My Commission Expires:
NORTH CAROLINA
I, ?scl?s_,c , a Notary Public, certify that
Floyd T. Morgan personally p red before me this day and acknowledged that
he is Assistant Secretary of Nello L. Teer Company, a Delaware Corporation,
and that by authority duly given and as the act of the corporation, the
foregoing instrument was signed in its name by its Vice President, sealed
with its corporate seal and attested by himself as its Assistant Secretary.
Witness my hand and official seal, this the day of164-,14dz-w
, 1986.
v-4j? COUNTY
Notar Public
OFFICIA -SEAL
t; ,,f •.'• Notary Public, North Carolina
County of Forsyth )
GINA L. EARP
'-.:s'C-ommission Expires -_ 1
?l
Notary Public '
My Commission Expires: /1T
- 10 -
? ? -o
y ? ?
?'

W ? p ?
z ?
? ?
a _C ?'
?1

s

? .? ?
c

? p
C
? W
w
? J
?
?? ? ?
?
?
0 W

?

'?
q v ? E ?
? ? ? .? ..,
?

?
J

? ?
?
z a
?
a 3
? ? ?

O o
z A ° o ? r
z
o a
a °
w ?
o ?
o w ? ?
F ?,?
? ? a ? ?? o
?J ?
CBMW"A ,
DIVISION OF ENVIRONMENTAL MANAGEMENT
April 25, 1989
MEMO TO: Bill Mills
FROM: John Dorney
Ron Ferrell
SUBJECT: Monitoring Plan for Nello Teer North Durham Quarry
The following condition should be included in the 401
Certification for the Nello Teer North Durham Quarry site in
order to satisfy DEM monitoring concerns.
Monitoring
Hydrology
The applicant shall investigate the created wetland site in
April and October for three years after creation to verify that
the artificial pools, canals and channels
functioning as planned. Any repairs will
The Raleigh Regional Office of DEM will be
of the inspections and any repairs.
Vegetation
are not blocked and are
be done within 30 days.
notified of the result
The applicant shall plant at least up to 100 potted river
birch saplings (two years old and three to five feet tall) in the
mitigation site. Equal portions will be planted in an upland
site, existing wetland and created wetland. Efforts shall be
made to provide approximately the same level of shade/sun to all
saplings. Areas immediately around the saplings may be
carefully sprayed with appropriate herbicides as needed to reduce
weekly completion. Trees will be numbered and a map prepared
which will be sufficient to locate the trees in the future.
In April and October for three years after planting, the
applicant will measure tree diameter at 36 inches from the
ground, tree height and survival. Tree growth and survival will
be compared. Notes about other vegetation changes will be made.
Data will be kept on an individual tree basis.
Soils
During each twice yearly visits during the three year monitoring
period, the applicant shall take at least ten core samples with
an auger in each of the three zones (upland, existing wetland,
created wetland). Soil samples shall be compared to Muncell
color charts for hue, value and chroma.
MEMO TO: Bill Mills
April 25, 1989
Page Two
Agency Coordination and Reports:
The applicant shall notify the Raleigh Regional Office of
DEM in writing no less than two weeks in advance of the data
collection. Other appropriate state and federal agencies shall
also be notified by the applicant in writing.
Following the initial planting and six monitoring visits, the
applicant shall prepare reports to DEM describing site visits,
work done, data and conclusions. At the end of the three year
monitoring period, the applicant shall prepare a final report,
acceptable to DEM, describing the results of the created wetland
effort and information learned.
JD/jho
VOL.16/MILLS.M
'I
r?J
d
/VWO -
spa ?(
Slx(c- auPa?}
0
z_
l ryra?.
3 -5" IaO
a ? nw+?. ?,.9f?6?
a4 VA
iv-
off- is i3,ll ki• ev+l;w.
'1..

„,?,.• _
41ols?
Ii
5
[oj?

o i%
.
-fb
? J
rw?wn

•t ?S7
x
:D s
40-01?-
vi
cuvaA.e ?,cE:

.k

'IUal, T4;,
N- , N.) volIv - 5?-
?l? - o
4?. r3
{ 4\
r
W ? t'
)"A ? r
jlkYV\,
Irv SIUIC??CjA

?) 5
1C/ g
ty t?
M ° F 1

t
1

z

UA wAtA)O(Nte,.
U'
V ._

'" ?14
VIJ?blkt:

a
kr
? - r
1 r. € a
', y" V +
o
oo?
CD7
'Al .5
s?

J
l ;
nyy\
c:2 -,23-97

T) 0 ?V,, ?? ?
- vm
??/M) w °?33 -sog.3
?Aj Q, -73 3 - Sa S 3
-? J??4Cr,C?RLE?O?JS. S?Z? ?O!vS-
FIGURE I. Durham County, North
Carolina.
ENVIRONMENTAL CONSULTANTS
Durant Road Ottlee Park
8480 Garvey Drive
Raleigh, North Carolina 27604.3175

1. FR ISE ST? •ee ' ??,.... ?;;; ! r - W ^ of i!IC sky; -?-?-
?,.i //..11II (! Z j? nl :, r ?l;' //,'? • ?'???-? . AI II. 2,30„
I_
FIGURE 2. Denfield Quarry Mitigation
SCALE 1:24 000 Property,
1
z o
MILE
0 1000 2000 3000 4000
FEET
- -- KILOMETER
-5 0 ?wak?Z .ILOld rG6?l2?Pd
_ ENVIRONMENTAL CONSULTANTS
Durant Road Office Park
8480 Garvey Drive
Raleigh, North Carolina 27604.3175

rs!' ? ??
JJS

•/ % •?p n
J: .Holt h
e Tank r
11 ?Utr
ewage
iSpoSal
44Vi goy \ ..
?O M•i q ? •A
JA!
A= i rB ; r,• IQbarry
_ ?? oars' .? ,• 1.?, to :,yp. ?/?///;'`7?':?\, // „ - " ?;
if/? •P ^? •J?I.1V ??' J i_.iq C....? Q
-,1 ..o ? •??' ??.- ? 111 e
?'I yaYmai/,f ° Level Ali ]' ?? 1 ; ` is • ?/ ' •?\ `, `?.. I / _ _1 2
t ?•1- ch. •/ }
700 \
:'; •1 pc;i c . `` vf, `?( //1` . I ?" ;?! 3992
??.?? _? is • w ? - , ?'??..J.???•? . • , ? ; ? ? ? (`..\ 1) \ l ?1•,
2 i ia^r ;! 350`\` )) 1 ? f \';
p;. 39
%
A ?, .. ? :MV q O / ? ' ?, , 111 , .1111 • n ?!
.I 411 Fr•3 ': •?`y15';.71,• '\ / i ;ujr, '%I /p0? `_/',1,i
. '?
MITIGATION PLAN
The rip-rap weirs will be constructed with the small
rubber-tired backhoes. The weirs will protect water flow
downstream, but divert excess flow in the canals and
channels during wet periods of the year (Figure 5). Rip-rap
sizes will be a minimum of 25% greater than 24 inches and
no more than 10% less than 3 inches.
Total construction will require the excavation of up
to 5,000 cubic yards of dirt, to create up to 10,400 linear
feet of canals and channels and 15 pools and ponds. the
rip-rap weirs will require emplacement of approximately 45
tons of stone to create 5 weirs (Figure 4). The total
construction time, not counting weather delays, is
estimated at less than 60 days.
MONITORING
After completion of construction, the site will be
inspected twice yearly for a period of three years by an
RJG&A ecologist to ensure that the new wetland environment
is developing as planned. Concerned agencies (FWS, WRC)
will be provided progress letter reports of findings and
recommendations.
CREATION OF A CONSERVATION AREA
Upon completion of all tasks, from construction
through monitoring, the Nello L. Teer Company will record a
conservation easement in the land and subsequently donate
the land to a 'non-profit public interest group, such as the
Triangle Land Conservancy, for land stewardship, subject to
acceptance conditions imposed by the recipient. The Nello
L. Teer Company will coordinate this activity with FWS and
WRC to assure, agreement of the parties and consistency with
agency objectives.
page 6
MITIGATION PLAN
LITERATURE CITED
Environmental Laboratory. 1987. Corps of Engineers
Wetlands Delineatin Manual, Technical Report Y-87-1, U.S.
Army Engineer Waterways Experiment Station, Vicksburg, Ms.,
100 pp.
Kirby, R.M. 1976. Soil survey of Durham County, North
Carolina. USDA, SCS, Raleigh, N.C., 76 pp. + maps and
indices-
Semiitsch, R.D., and H.M. Wilbur. 1988. Effects of
pond drying time on metamorphosis and survival in the
salamander Ambystoma talpoideum. Copeia 1988(4):978-983.
page 7
?..? BOOK 141.8Pp5E 551
'- STtTE AF Real h tatf
?'ni 0 Q n
?? ?• 6t? • 3'6r --- ? i ? ?. I ,.
Excise Tax
FILED:
DEC J 4 09 F1 `87
RUTH C. CARRETT
REGISTER Or DEEDS
-DURHAM COUNT 4. NC
Recording Time, Book and Page
Tax Lot No. 896-01-12 ................ .................................................... Parcel Identifier No...........................................................................
......................
Verified by ............................. County on the ................ day of .............................................. :........... 1g............
by ................................................................................ ........................................................................................................................................
Mail sitar recording to Japigs, R....H.,, Sprinkles hello L. Tear„Company, PO Box 1131, Durham, NC 27702
...................................................................................................................................................................................................................................
. ,.... Durham
. NC ...... 27702 ..................................... ....
. .., PO ... Box .. 451 ..
.
...... .
.
.
. , ... Esq .
.
................................ .......................................
.
.
This instrument was prepared by B . M. .... Se.ssoms .
Brief description for the Index 83.28 Acres (Aiken Tract PBI&,P?
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED made this ....3rd..... day of ..........A?e?!1be ................................. 19...x...., by and between
GRANTOR I GRANTEE
DONALD REED POOLE and wife,
CAROL DAY POOLE
Route 2, Box 50
Rougemont, North Carolina 27572
NELLO L. TEER COMPANY
Post Office Box 1131
Durham, North Carolina 27702
Enter in appropriate block for each party: name, address, and. U appropriate, ebaracter of entity, e.q. corporation or partnership.
The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and
shall include singular, plural, masculine, feminine or neuter as required by context.
WITNESSETH, that the Grantor, for a valuable consideration paid by. the Grantee, the receipt of which is hereby
acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that
certain lot or parcel of land situated in the City of ...... M.3ngum Township,
.............:...)Purham,.,.,,,,,,,.,...:.. County, North Carolina and more particularly described as follows:
BEGINNING at an iron pipe designated as Control Corner on the plat of survey
hereinafter set forth, said pipe being. the northeast corner of the property hereinafter
described-and being located :forth 81.' 07' 14" West 6731.28 Feet from N.C.G.S. Mon.
"Rougemont", thence South 00' 141 41" East 2767.54 Feet to a concrete monument; thence
South 88' 20 13" West 1248.46 Feet to an iron pipe; thence North 02' 03' 01" West
2846.05 Feet to an iron pipe; thence South 88° 16' 02" East 1338.55 Feet to the existing
iron pipe, marking the point and place of beginning, and enclosing 83.28 acres as shown
on plat of survey entitled, "Survey of Nello L. Teer Company (Aiken Tract)" dated
December 1, 1987 by Ragsdale Consultants, P.A., Raleigh, NC and recorded in Plat Book
/&, Page ?7 , Durham County Registry, to which reference is made for a more complete
and accurate description of the property by metes and bounds.
See Deeds Recorded in Deed Book 93, Page 234; Deed Book 993, Page 632, Durham
County Registry.
The Grantors grant and convey to Grantees, its successors and assigns, a 60-foot
right-of-way for ingress and egress between the property conveyed and Cameron Mill
Road (SR 1471) as follows: sixty (60) feet on the west side of and along the east
property line of tract 2 as shown on.plat of survey recorded in Plat Book 41, Page 66,
Durham County Registry; and sixty (60) feet on the west side of and along the east
property line of tract 4 as shown on plat of survey recorded in Plat Book 42, Page 68,
Durham County Registry.
N.C. Bar Assoc. Form No. 3 Z 1976. Revised 1077.
h..md h lk$ m t at6 t?. N C Mr A.... -1911
. t
- A
800K.750 PAGE M
The property hereinabove described was acquired by Grantor'by instrument recorded in ..,,Real Estate Book 717
. .........................................
-at...3.10...of ...the... Orange ..?auzilry..?QQi?te?... f ..WWAr .................................
A map-showing the above described property is recorded in Plat Book ................................... page...........,............:
TO HAVE AND TO HOLD.the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to
the Grantee in fee simple.
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey
the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and
defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated.
Title to the property hereinabove described is subject to the following exceptions:
IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or If corporate, has caused this instrument to be signed In its
corporate name by its duly authorized officers and Its seal to be hereunto affixed by authority of Its Board of Directors, the day and year first
above written.
-----------------------L- ----------------------------------- VVE&N
? --- -------`- -- -°----- °°-----------------(SEAL)
(Corporate Name) RICKY O '
By* - -----------------------------------------------------------
ATTEST; eU1
3 -------------------------------------------------------------(SEAL)
---------------------------------------------------------------
----------------------------Secretary (Corporate seal)
;; -------------------------------------------------------------(SEAL)
DURHAM
SEAL-STAMP NORTH CAROLINA, ---------------------------------- County.
at 1, a Notary Public of the my and to`aforesaid, certify that Rieky_A__ Dawson and wife,
Maine C. Dawson ------•----------------------
---------------------------------------------------------------------------------------------------- Grantor,
personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness any
hand and official stamp or seal, this __ 8th day o S ember -- _---- __-_ ... ___, 19:88_,

My commission expires: ------
NORTH CAROLINA, ---------------------------------- County.
Public
1, a Notary Public of the County and state aforesaid, certify that ------------------------------------------
personally came before me this day and acknowledged that ____ he Is __-______ _ secretary of
------------------------------------------------------- a North Carolina corporation, and that by authority duly
given and as the act of the corporation, the foregoing Instrument was signed In its name by its ---------------
President, sealed with its corporate seal and attested by ----------- as its __--___-
secretary.
Witness my hand and official stamp or seal, this ------- day of ________________ li_-______,
---------------
Aly commission expires. ____________________ ---_°_------ ----- Notary Public
ytl
?X
M
D
The foregoing Certificatekikof ---------------------------------------------------
R.- David- Wicker, __Jr, _.?iatary_-P?rl?C --------------------------------- ----------------------------
- m--C?aunty?---•--C---------------
-------------------
---------------------------------------------------------
--------------------------------------------------------------
is/AXcertified to be correct. This Instrument and this certificate are duly registered at the date and time and In the Book and Page shown on the
first page hereof.
his the 9th d .a
X of ept 1988 Betty June Hayes, -- ------- --------------REGISTER OF DEEDS FOR------------
/J --- O-----ra°nge
------------COUNTY
By - ' - /-°{-- - -- ---- -- - ----------------Deputy/MsiatsteC- Register of Deeds
N.C. Bar Assoc. Form No. 3 © 1976, Revised 1917. - POOLE PRINTING CO.. INC. P.O. BOX 17776 RALEIGH, N.C.'2761e
Mated by Apra nt with the N.C. Bar Au ,1981.
.I
REFERENCES
1. U.S. Environmental Protection Agency, 1976. Erosion and Sediment
Control. Surface Mining in the Eastern U.S., Volume I (Planning) and
Volume II (Design). Washington, D.C.
2. Goldman, S.J., K. Jackson, and T. Bursztynsky, 1986. Erosion and
Sediment Control Handbook. McGraw-Hill.
3. Virginia State Water Control Board, 1979. Best Management Practices
Handbook, Surface mining.
4. U.S. Department of Agriculture, Soil Conservation Service, 1979. Guide
for Sediment Control on Construction Sites in North Carolina.
5. Maryland Water Resources Administration, 1985. Maryland Erosion and
Sediment Controls (Draft) for the Sediment and Stormwater Division.
6. Novotny, V. and G. Chesters, 1981. Handbook of Nonpoint Pollution:
Sources and Management. Van Nostrana Reinhold Co.
7. Personal communication with Arthur Mouberry, supervisor of Permitting
Office, State of North Carolina Department of Natural Resources and
Commmity Development, Division of Environmental Management, Water
Quality Division.
8. Personal communication with Dr. Robert Holman, Coordinator of Water
Supply Protection Program, State of North Carolina Department of
Natural Resources and Community Development, Division of Environmental
Management, Water Quality Division.
9. State of North Carolina Environmental Management Commission, Department
of Natural Resources and Community Development, 1/85. North Carolina
Administrative Code, "Sedimentation Control" (T15:04 TOC-1).
10. Fairfax County, Virginia, 1985. Public Facilities Manual.
11. State of North Carolina Environmental Management Commission, Department
of Natural Resources and Community Development, 3/1/86. North Carolina
Administrative Code, "Surface Water Standards" (TIS: 0213.0200).
n
ORANGE
1472
1534
i/ JA?O
o! /
3b 1
1h
117,402
t
PERSON
r DURHAM CO.
N Co
W
N
% LOCATION
57
t
2
W
lz
501
?L
0
Z
a.
A
iO lb %
p ' !
1 u
,
00
O ?? i F n t?
? Z _ I F4•, ?O ? ao
I I I\r ?
i °a a
---- --------------l
f t ff I. ? \ ? r I II
»? I I n
?
100,11
Y I J J / y 1! 1 !
r
as
?-
I
ITI
??? ? '.e•\. ?. ? o -_= a
a C3
? I
'r n
i
1' a
r
W
a
CL
t
5
0
z
0
U
Q N
3 - \
J o
d
(? N
~
r °•'
U CD W
zw
W {n
?\
_ a

W W N MI
W W J

4 J N
, u.

i
a N
O J
0
?A

N O

>
U

W W

"
o a
to-
??.
8J N
X ?
r,
m I
G W N
H
W 3 W
O
N_
o?
am
> In
U) W
V J

> O r
? p.
a • 7

?o J •

_Q

aW Q
•za ?
W
m Z ?
?
•
tV 2 IL
f-

.CD ? ,
a 0
U- 0
iA I C J

Z >
O :

U O
"
w

--
?Ylm

fo

J
Q Z
,? V o
`
CL
v o
LA-
Oz ' N
U }-
Q
W
O
Q

? JW

i ? Q
W
N
?W W
ga c
_
V a- i
W
W

W
av
C9 J
a
Q
W
J 0
U) W
N
N
p t 2
lie
1? Q

Q d
?
Q

c ? Z
o {. h
{
u
u

? r ? K
?d st

ca
n
2
m
0

r
?? t
"

0 f
i
W
A ,
S
n
y
O
2
a
a
i
a b g
V
V
V
2
O
V
W

O
.f
:j
a
cc o Y
yWj a 10-
1.4
J ? O t ?
. Oct
.?:
? V
O
O
O
W

CDM
envrronmentat engineers. scientists.
ctanners. d management consurtants
December 15, 1987
Mr. Leo Young
County of Durham
Department of Planning & Inspections
Durham County Judicial Building
201 E. Main Street
Durham. NC 27701
CAMP DRESSER & McKEE
37725 National Drive. Suite 220
PO. Box 31585
Aaletan. Nonn Carouna 27622
:19 787.5620
RE: Nello Teer Quarry - Assessment of Potential Water Quality
Impacts on Little River Reservoir
Dear Mr. Young:
In response to your request on November 11, 1987 we have reviewed
available information on the Nello Teer Quarry project proposal. As
outlined in our letter of November 20, 1987 the scope of our
assessment covers the following items:
o General water quality concerns
o Stormwater drainage from the site
o Onsite erosion and sedimentation controls
o Water quality monitoring recommendations
o Storage/disposal of overburden
o Control of fines from washing operations
We would caution that this analysis is not intended to be a compre-
hensive environmental evaluation in that we did not assess groundwater
impacts, air pollution/deposition impacts, wetla^ds impacts and other
related environmental issues.
our assessment focused on the available site specific information
provided by Nello Teer staff and their engineer, Ragsdale Consultants,
PA which was transmitted to us during a meeting in our office on
October 16, 1987. This information includes:
o Environmental Assessment for the Nello L. Teer Company's
Proposed North Durham Quarry. Prepared by Ragsdale
Consultants, PA., August 1987.
o Design Data and Calculations for Nello Teer Northern Orange
Quarry for Initial Construction Phase. Prepared by Ragsdale
Consultants, PA. `May 1'987.

Mr. Leo Young
December 15, 1987
Page 6
CAMP DRESSER & McKEE
acreage will not be disturbed during quarry operations. Relocation of
the North orange pond to a downstream location is recommended to
provide additional storage and to increase the project area covered by
the drainage plan.
We also recommend that temporary erosion control devices be
constructed downstream of the future North orange process area during
initial construction of the quarry site. Permanent erosion control
measures should be mandatory if this area is to be developed as a
process site.
Drainage Conveyance. Peak runoff generated from the North Durham
quarry site was estimated using SCS TR-55 methods. All drainage
control devices were sized to convey runoff from the 25-year, 24-hour
SCS type II design storm. Required channel dimensions were determined
from Manning's equation.
Peak runoff generated from the North orange quarry site were estimated
using the Rational Formula. All drainage devices were sized to convey
runoff from the 25-year, 24-hour SCS Type II design storm. Channel
dimensions were determined from Manning's equation.
on the North Durham site, drainage ditches "PQ" and "RQ" end
approximately 500 ft upstream of the eastern large detention basin.
These ditches convey runoff from the primary crusher/surge pile/dump
station area. To minimize erosion impacts, a filter strip or
grass-lined/filter-lined channel is recommended to convey flow from
ditch outlets to the detention basin. Likewise, filter-lined channels
should be constructed to convey flows from basin outlets to receiving
waters.
Peak Runoff Control. No analysis of peak runoff control was provided
or the detention pond design. T h6 prirformance standard set by the
State NR&CD Sedimentation Control (T15: 04B.000) is based upon maximum
permissible velocities for storm water discharges. Post-construction
conditions must not exceed the greater of:
(1) pre-construction runoff velocities for the 10-year storm; or
(2) maximum permissible velocities for various soil textures
ranging from fine sand (2.5 fps) to fine gravel (5.0 fps).
Increases in peak flow rates, flow velocities, and flow volumes can be
expected if the quarry, associated processing areas, and roads are
constructed. To prevent adverse impacts along downstream reaches of
Buffalo Creek due to the changes in upstream hydrologic character-
istics, detention-ponds must be designed to provide sufficient storage
with outlet structures sized to control peak runoff from the site.
For control of streambank erosion, a 2-year design storm is a more
CAMP DRESSER & McKEE
Mr. Leo Young
December 15, 1987
Page 7
effective design criterion than a 10-year design storm and is an
accepted performance standard in other sections of the Piedmont (e.g.,
Virginia, Maryland).
We would recommend designing the detention pond and outlet riser to
maintain postdevelopment peak flows at the predevelopment rate for a
2-year design storm in order to prevent downstream erosion (10). This
may require additional storage and will.require redesign of the outlet
structure for the North Durham ponds. As proposed, the North orange
pond has inadequate storage for peak runoff control and should be
redesigned or relocated downstream.
Dewaterina?2erations. Groundwater and stormwater"pumped from the
quarry pit during ewatering operations are not accounted for in the
construction/operation plans and calculations. We have been advised
that these pump-out waters will be routed to detention ponds, however,
dewatering volumes, pumpage rates and frequency, and water quality
management concerns (e.g., impact on hydraulic residence time) should
be addressed.
The impact of groundwater contributions on dewatering requirements are
not addressed herein due to the lack of data. However, direct
precipitation on the quarry pit surface alone can contribute
substantially to dewatering requirements. For example, stormwater
retained in the pit (99 acres) after the 25-year, 24-hour SCS design
storm is approximately 21 acre-ft and 27 acre-ft for the North Orange
and North Durham quarry pits, respectively.
ONSITE EROSION AND SEDIMENTATION CONTROL
Erosion and sedimentation controls for both the North Orange and North
Durham quarry sites depend primarily on sequencing of construction
activities and runoff diversion into the detention ponds for sediment
control. Diversion of site runoff into detention ponds would be
accomplished via a series of new drainage ditches which would also aid
in the control of sediment and dust generated from the quarry sites.
The construction plans for the North orange quarry site specify that
all erosion control devices will be installed before other construc-
tion. The North Durham construction plans do not specify the order of
construction. In addition, no provision is made for erosion control
during the construction of the permanent erosion control devices.
Silt fencing is a common method of temporary erosion control for
construction sites (4), and it is widely used on both quarry sites for
sediment control. However, the maintenance and duration of the silt
fencing is not addressed in the Nello Teer construction plans. The
installation of more permanent erosion control devices such as grassed
waterways, filter strips, or filter-lined channels is recommended in
lieu of silt fencing in many areas of the quarry site after the
CAMP DRESSER & McKEE
Mr. Leo Young
December 15, 1987
Page 13
SUMMARY
According to DEM, the proposed quarry project would definitely
preclude a WS-I designation for the Little River Reservoir watershed.
However, DEM has also indicated that there is some likelihood that the
watershed would not qualify for a WS-I designation even in the absence
of a quarry (8). It does not appear that the proposed quarry project
would preclude a WS-II rating which may represent an acceptable and
achievable watershed protection goal for both Little River Reservoir
and Lake Michie. Assuming that the WS-II rating is acceptable to the
County, the following improvements to the Nello Teer project plan are
recommended to minimize the risk of adverse water quality impacts:
o Relocate and redesign North Orange detention pond to a
downstream location to enhance stormwater management and
sediment control. Locate ponds to control runoff from.future
disturbed areas.
o Extend North Durham diversion channels "PQ" and "RQ" to
western detention pond and incorporate additional erosion
control measures in channel design.
o Redesign all detention ponds to provide both sediment control
and stormwater management (i.e., peak runoff control). For
sediment control, use more stringent storage requirements
(e.g., 3.0 acre-inches are required storage per disturbed
acre).
o For peak runoff control to minimize streambank erosion
impacts, redesign all detention ponds to provide peak runoff
control (e.g., maintain predevelopment peak flows for the
2-year design storm).
o Address impacts of dewatering operations including expected
volumes, pumpage rates and frequency, and water quality
management.
o Specify construction sequencing and sediment controls to be
provided during construction of permanent erosion control
devices.
o Address maintenance and duration of silt fencing and
conversion to more permanent erosion control devices.-
o Provide analysis of sediment removal efficiency.for all
detention ponds (e.g., surface area method).
o Specify operation, duration, and reclamation of the temporary
sediment basin in the southwest corner of the North orange
pit area. (Note: Drainage from this area could be
Mr. Leo Young CAMP DRESSER & McKEE
December 15, 1987
Page 14
incorporated into the large detention basin located
downstream.)
o Provide operation and maintenance plans for all erosion
control measures.
o Clean-out all existing onsite ponds prior to construction.
o Implement a water quality monitoring program to sample
ground, pit, and surface waters.
o Specify operation of silt disposal and overburden storage
areas.
o Construct impermeable lining for process water settling
basins.
In addition, it is recommended that an ongoing water quality monitor-
ing program be implemented to compile data on baseline conditions
prior to construction and discharges from quarrying operations.
Finally, it is recommended that Durham County coordinate with orange
County regarding decisions about the proposed quarry project to ensure
a consistent approach to watershed protection.
We hope that these comments are useful. If you have any questions,
plaese contact John Roberts or Anne Cole at 787-5620.
Sincerely yours,
CAMP DRESSER & MCKEE
John P. Hartigan, P.E.
Asso fate
J L. Roberts, P.E.
Se for Associate

CAMP DRESSER & McKEE
Mr. Leo Young
December 15, 1987
Page 14
incorporated into the large detention basin located
downstream.)
o Provide operation and maintenance plans for all erosion
control measures.
o Clean-out all existing onsite ponds prior to construction.
o Implement a water quality monitoring program to sample
ground, pit, and surface waters.
o Specify operation of silt disposal and overburden storage
areas.
o Construct impermeable lining for process water settling
basins.
In addition, it is recommended that an ongoing water quality monitor-
ing program be implemented to compile data on baseline conditions
prior to construction and discharges from quarrying operations.
Finally, it is recommended that Durham County coordinate with Orange
County regarding decisions about the proposed quarry project to ensure
a consistent approach to watershed protection.
We hope that these comments are useful. If you have any questions,
plaese contact John Roberts or Anne Cole at 787-5620.
Sincerely yours,
CAMP DRESSER & MCKEE
John P. Hartigan, P.E.
!- *Selior te
Roberts, P.E.
ssociate
U.S. Corps of Engineers
Wetlands Mitigation
2/9/89
Page 3
the Little River watershed. As part of their findings, they
concluded that the two detention ponds were not of sufficient
surface area to minimize offsite sedimentation. As a result,
they requested that the surface area of the ponds be
increased-from approximately 22 to 30 acres. Due to this
engineering consideration, relocation and/or decreasing the
size of the ponds was.not attainable. Their findings are
included as an attachment to this correspondence.
The second area of concern, being the layout of the
quarry pit, was evaluated by Teer to see if it would be
possible for the pit to be reconfigured to avoid or minimize
wetland disturbance. While it sounds easy enough to do, a
comprehensive mining plan designed to avoid wetlands is
impractical, at best. As seen on the enclosed maps and cross
sections, the occurrence of wetlands within the proposed pit
area effectively dissects the pit into three quadrants.
Mining could proceed without direct disturbance of the
wetlands, although once the surrounding areas were mined and
the topography of the drainage basin altered, then the
wetlands will no longer receive periodic influxes of water
necessary for their survival.
As you will note on the enclosed cross sections,
avoidance of wetland areas would also drastically reduce the
reserve potential of the deposit and greatly diminish our
ability to develop an orderly, systematic mining plan. It
should also be noted that the Teer Company has entered into
an agreement with the City of Durham for their eventual use
of the mining pit, with its present configuration, as a raw
water storage facility. Having to mine around the wetlands
would ultimately reduce the potential storage capacity of pit
and probably render the City of Durham's intentions useless.
Upon consideration of these and other alternatives, it
was decided that the best method of solving the wetlands
problem was to have Dr. Goldstein develop a wetlands
mitigation plan.- After many site evaluations, Dr. Goldstein
decided that a tract of land owned by Nello Teer Company at
its present Durham Quarry location would be suitable for
mitigation purposes. The enclosed mitigation plan has been
reviewed by various governmental agencies and-found to be
acceptable, based on preliminary discussions and plan review.
U.S. Corps of Engineers
Wetlands Mitigation
2/9/89
Page 4
I hope that the enclosed plans and application meet with
the approval of all concerned. If any questions arise,
please do not hesitate to call me at 682-6191.
Sincerely,
NELLO L. TOM?PA/NY
es R. Sprinkle
peratio s Manager
JRHS/dg
Enclosures
CC: File
' APPLICATION
FOR
PERMIT TO EXCAVATE AND/OR FILL WATER OUALITY CERTIFICATION
EASEMENT IN LANDS COVERED BY WATER LAMA PERMIT FOR MAJOR DEVELOPMENT
Department of Administration State of North Carolina Department of the Army
(GS 146121 Department of Natunt Resources and Community Dereiopment Corps of Engineers, Wilmington District
(GS 113.219,143.215.3(a)(1), 143.215.3(c), 113A•113 (33 CFR 209.320.3291
Please type or print and fill in-all blanks. If information is not applicable, so indicate by placing N/A in blank.
1. Applicant Information
A. Name(Company) Nello L Teer Company - Don Lineberry - Vice President
Last First Middle
S. Address Post Office Box 1131
Street, P. O. Box or Route
Durham, North Carolina 27702 [phone]
City or Town State Zip Code Phone
11. Location of Proposed Project:
A. County Durham/ Orange
B. 1. City, town, community or landmark Rougemont, North Carolina
2. Is proposed work within city limits? Yes No X An unnamed
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project
tributary of Buffalo Creek
Ill. Description of Project
A. 1. Maintenance of existing project 2. New work Excavation and filling of wetland area.,
to acs state the operation o a
B. Purpose of excavation or fill (SEE BACK) proposed quarry.
1. Access channel length width depth
2. Water retention Basin - length width depth
3. Fill area (See Back) length width depth
4. Other See Back length - width depth
C. I. Bulkhead length N/A Average distance waterward of MHW (shoreline) N/A
.. 2. Type of bulkhead construction (material) N/A
D. Excavated material (total for project)
1. Cubic yards 36.500 CY _2. Type of material Wetland Hydric Soils
E. Fill material to be placed below MHW (see also V1. A)
1. Cubic yards NSA 2. Type of material NSA
IV. Land Type, Disposal Area, and Construction Equipment:
A. Dues the area to be excavated include any marshland, swamps or other wetland? Yes X No -_
S. Does the disposal area include any marshland, swamps or other wetland? Yes-No
C. Disposal Area
1. Location Excavated wetlands soils will be disposed of on site within proposed visual
2. Do you claim title to disposal area? Reed Pnnl P i c nwnpr _ under 1 as co to Nat 1 n Tear arrant Mrr
U. Fill material source if till is to be trucked in Source of fill is within project boundaries.
E. How will excavated material-be entrapped and erosion controlled? A series o silt heck dams and G d;mant
basins has been designed by RaQsdalp CnnGnltantc_ P Q and will ha constructed by NT,T ?o
1. 1 ype of equipment to be used oad a k- hu 1 1 dn2 arc and scraners .
G. Will marshland be crossed in transporting equipment to project site? If yes, explain No.
t
U.S. Corps of Engineers
Wetlands Mitigation
2/9/89
Page 2
Alternatives to wetland mitigation, which were addressed
and for specific reasons were not viable, are as follows:
1) Finding another site with-which to supply the stone
needs of the county. The geology of Durham County is such
that only limited specific areas of the county contain rock
which would not only be suitable for stone production, but
also economically viable. Much of the area that is underlain
with suitable stone falls within the Durham County zoning
designation known as the Water Quality Critical Basin area of
the county. This area restricts the type of development
which may occur in the water quality critical area so that
the City of Durham's drinking water will be protected, and is
very restrictive with regards to industrial and manufacturing
operations. A quarry would not be allowed in this zoning
designation. Residential development in other areas where
suitable material may be found has further restricted, and/or
eliminated the location of another site.
It should be noted that this location, in fact,
represents the last possible alternative site in our
exploration effort, and does not represent the best location
found. Sites near Little River dam and Little River School
were potentially.better sites, but were culled due to either
local opposition or zoning restraints.
2) Redesigning the site to eliminate the need to
disturb wetland areas.
Two areas of concern expressed by U. S. Fish and
Wildlife representatives, regarding wetland disturbance, were
the size and location of the main detention ponds for
stormwater runoff and the layout of the quarry pit. U. S.
Fish and Wildlife requested that we evaluate not only the
need for the two ponds, but also the-possibility of
decreasing-the surface area of the ponds by excavating in the
reservoir area and, in effect, deepening the ponds. This
would create the necessary storage capacity and thereby
lessen the impact on wetlands..
At the request of the Durham County Board of
Commissioners, Camp, Dresser and McKee, retained by Durham
County-as the watershed consultant, was asked to review the
entire North Durham Quarry project and its effect, if any, on

III. Description of Project
B. Purpose of excavation or fill
length width depth
2. Water Retention Basin 670' 90' 2'
for makeup water
3. Fill area for water 115' 60' 18'
retention pond dams
within wetland areas only
4. Other - Excavation of wetland 2,800' 175' 2'
within quarry pit area
,N E. L_ L O l_ . T E_ E= R C O M F =.,-Q, N Y
A Subsidiary of Koppers Company, Inc.
NOT
OFFICE TEL: [phone] • TELEX: 579446
February 9, 1989
U. S. Army Corps of Engineers
Ms. Kathy Trott
11413 Falls of Neuse Road
Wake Forest, North Carolina 27587
RE: Application for a COE 404E
permit.
Dear Ms. Trott:
It is with pleasure that Nello L. Teer Company submits
this application for a Corps of Engineers 404E Dredge and
Fill Permit. As discussed with Ken Jolly of the Corps of
Engineers, you will find enclosed with this letter the
following information in triplicate:
1) Completed application for a permit.
2) Vicinity maps
3) Project mining plan
4) Cross sections
5) Wetlands mitigation proposal
The limited reserves at our existing Durham Quarry
necessitate the relocation of this facility so that Durham
County's crushed stone requirements will continue to be met.
After years of exploration and testing, a suitable quarry
site has been discovered on the Reed Poole property, which is
west of Rougemont, North Carolina.
Upon completion of the environmental assessment for this
prospective site, Robert Goldstein and Associates informed
Nello L. Teer Company of existing wetlands located onsite
which would be disturbed by our operation. Dr. Goldstein
proceeded to delineate these wetlands in the field and inform
the C.O.E. and U.S. Fish and Wildlife of his findings.
During conversations and meetings with the C.O.E. and U.S.
Fish and Wildlife, in their offices and in the field, it was
decided that the most appropriate solution to the wetlands
problem would be to find a mitigation site which, with work
performed by Nello Teer Company, could be transformed into a
wetlands area. _
®CffYOF MEDICINE, t1SA
7urH;77i -7777 .-

V.. Intended Use of Project Area (Describe
A. 1. Private
2 Conanercial
3. Housing Devoicipmentor Industrial The nronns d nnarrv will supply atone for Durham Orang
4. Other and Person Counties.
S. 1. Lot site(s) 412± Acres
2. Elevation of lot(s) above mean high water- Varies between elevation 616 A-M_HW o 570 AMHW_
3. Soil type and texture Various
4. Type of building fatllidesor structures Two scale houses, one office building one shop area
and an aggregate plant consisting of crushers screen conveyors etc
S. Sewage disposal and/a waste water treatment A. Existing Planned _ Low pressure septic
a. Dube To belocated away from any wetland area. system.
6. 'Land Classificadon'(circle one) DEVELOPED TRANSITIONAL COMMUNITY ORAL,
CONSERVATION OTHER (See CAMA Local Land Use Man Synopsis)
VI. Pertaining to Fill and Water Quality:
A. Does the proposed project involve the placement of fill materials below mean high water? Yes No X
S. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following project completion? Yes-No X
2. Type of discharge N/A
3. Location of discharge - NIA
VII. Present rate of shoreline erosion (if known)- N/A
VIIL List permit numbers and Issue data of previous Department of
Army Corps of Engineers or State permits for
work in project area, if applicable.-N/A
IX. Length of time required to compiete project: 180 days -
X. In addition to the completed application form, the following items must be provided:
A. Attach a copy of the deed (with State application only) or other instrument under which applicant
claims tide to the affected property. OR if applicant is not claiming to be the owner of said property,
then forward a copy of the dad or other instrument under which the owner claims title plus written
permission from the owner to carry out the project on his land.
8. Attach an accurate work plat drawn to scale on 9A X 11" white paper (see instruction booklet for
details). Note: Original drawings. preferred - only high quality copies accepted.
C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or
certified mail or by publication (G.S. 113.229 (d))Enter date served -February 14, 1989
D. List names and complete addresses of the riparian landowners with property adjoining applicant's.
Such owners have 30 days in which to submit comments to agencies listed below.
David Harris - Rt.. 2. Box 71 Rougemon . NC 27572 /Douglas W Harris - P 0 Box 898,
Hillsborough, NC 27278 / Robert G_ Honpuri,t-r Rt. 3, Rougemont, NC 27572
Charles W. Collins - Box 67A-5 Bill Poole Rod Ro mont NC 27572
X1. Certifiation requirement: l certify that to the best of my knowledge, the proposed activity complies
with the State of North Carolina's approved coa &W management program and will be conducted in a
manner consistent with such program.
X11. Any permit issued pursuant to this application will allow only the development described in this appli.
cation and plat Applicants should therefore describe in the application and plat all anticipated devel-
opment activities, including construction, excavation, filling, and land clearing.
DATE
Applicant's Signature
D&F-e2 _-- _ -• •-- _ _

CDM
environmental, engineers. scientists.
manners. d management consultants
December 15, 1987
Mr. Leo Young
County of Durham
Department of Planning & Inspections
Durham County Judicial Building
201 E. Main Street
Durham, NC 27701
CAMP DRESSER & MCKEE
325 National Onve. Suite 220
PO. Box 31585
Aaleian. Norm Carolina 27622
719 787.5620
RE: Nello Teer Quarry - Assessment of Potential Water Quality
Impacts on Little River Reservoir
Dear Mr. Young:
In response to your request on November 11, 1987 we have reviewed
available information on the Nello Teer Quarry project proposal. As
outlined in our letter of November 20, 1987 the scope of our
assessment covers the following items:
o General water quality concerns
o Stormwater drainage from the site
o Onsite erosion and sedimentation controls
o Water quality monitoring recommendations
o Storage/disposal of overburden
o Control of fines from washing operations
We would caution that this analysis is not intended to be a compre-
hensive environmental evaluation in that we did not assess groundwater
impacts, air pollution/deposition impacts, wetla^ds impacts and other
related environmental issues.
our assessment focused on the available site specific information
provided by Nello Teer staff and their engineer, Ragsdale Consultants,
PA which was transmitted to us during a meeting in our office on
October 16, 1987. This information includes:
o Environmental Assessment for the Nello L. Teer Company's
Proposed North Durham Quarry. Prepared by Ragsdale
Consultants, PA., August 1987.
o Design Data and Calculations for Nello Teer Northern orange
Quarry for Initial Construction Phase. Prepared by Ragsdale
Consultants, PA. `May 1987.
v
Mr. Leo Young
December 15, 1987
Page 13
SUMMARY
CAMP DRESSER & McKEE
According to DEM, the proposed quarry project would definitely
preclude a WS-I designation for the Little River Reservoir watershed.
However, DEN has also indicated that there is some likelihood that the
watershed would not qualify for a WS-I designation even in the absence
of a quarry (8). It does not appear that the proposed quarry project
would preclude a WS-II rating which may represent an acceptable and
achievable watershed protection goal for both Little River Reservoir
and Lake Michie. Assuming that the WS-II rating is acceptable to the
County, the following improvements to the Nello Teer project plan are
recommended to minimize the risk of adverse water quality impacts:
o Relocate and redesign North orange detention pond to a
downstream location to enhance stormwater management and
sediment control. Locate ponds to control runoff from future
disturbed areas.
o Extend North Durham diversion channels "PQ" and "RQ" to
western detention pond and incorporate additional erosion
control measures in channel design.
o Redesign all detention ponds to provide both sediment control
and stormwater management (i.e., peak runoff control). For
sediment control, use more stringent storage requirements
(e.g., 3.0 acre-inches are required storage per disturbed
acre). '
o For peak runoff control to minimize streambank erosion
impacts, redesign all detention ponds to provide peak runoff
control (e.g., maintain predeveiopment peak flows for the
2-year design storm).
o Address impacts of dewatering operations including expected
volumes, pumpage rates and frequency, and water quality
management.
o Specify construction sequencing and sediment controls to be
provided during construction of permanent erosion control
devices.
o Address maintenance and duration of silt fencing and
conversion to more permanent erosion control devices.
o Provide analysis of sediment removal efficiency for all
detention ponds (e.g., surface area method).
o Specify operation, duration, and reclamation of the temporary
sediment basin in the southwest corner of the North orange
pit area. (Note: Drainage from this area could be

9. The Lessor covenants that at the time of execution of this Lease
it is the owner of the property in fee and have full right to lease or sell
same, and that same is free and clear of all encumbrances, and that it will
put the. Lessee in actual possession of the premises. If there are any liens
or encumbrances prior or superior to Lessee's right hereto, Lessee has
option to satisfy same and deduct its cost from minimum payments or
royalties.
10. There is specifically excluded from this Contract and Agreement,
all rights and interest to precious minerals and other resources, including,
but not limited to, gold, silver, uranium, diamonds and crude oil, it being
the intention of the parties hereto that the Lessess hereunder shall quarry
deposits of rock, stone, gravel, and sand of a commercial grade only.
IN WITNESS HEREOF, Lessors have each hereunto set their hands and
seals, and the Lessee has caused this instrument to be signed in its
corporate name by its Vice President and attested by its Assistant Secretary
and its corporate seal to be affixed in duplicate originals as of the year
first above written.
(SEAL)
DO D REED POOLE
Z?. /044- (SEAL)
CAROL D. POOLE
NE )Thomas L. EER COMP Y
By Gould, Vice President
ATTE?T;
1ri-6yd T. o gan, Afisistal Secretary
9 -
MITIGATION PLAN
upland vegetation (large mast producers) while replacing
less valuable upland vegetation (small trees, low shrubs)
with wetland vegetation (such as river birch), and by
enhancement of amphibian habitat. The retention of upland
pockets within newly created wetland will provide added
benefits of edge effect.
DETAILS OF CONSTRUCTION
Land clearing will include, but not be limited to, an
81-wide path for construction of canals. Excavated spoils
will be randomly placed at a distance of.approximately 5'
on the downhill side of all canals and channels, negating
the need for wider clearing for truck removal.
Primary canals will have a maximum negative slope of
1' per 4001, a bottom width of 21, and 2:1 side slopes.
Secondary channels will be excavated at intervals of 50' if
topography allows and no significant mast trees would be
threatened. The channels would have a bottom width of 2'
and sloped to provide maximum surface to saturate adjacent
land.
Rip-rap weirs will be constructed in source streams
and ditches to increase friction and divert water during
annual periods of high flow into the artificial canals. The
rip-rap will additionally provide hard substratum for
colonization by stream insects.
The network of canals and channels will increase the
area of saturated land surface to the extent practicable,
dependent on seasonal flows over the weirs, varying
horizontal permeabilities of the several soil types on the
site, and.the distance between channels. Water retention
capabilities of the soils on-site cannot reasonably be
quantified from soil data and soil maps, because the area
has been extensively disturbed.
An existing man-made pond on the site will be
converted from aquatic habitat to wetland habitat by
partial drainage'of water or filling with spoil, bringing
it to a depth suitable for the growth of emergent
vegetation.
page 4
.'L ,•.
I, ?,,L;L 7?•?.G?? , a Notary Public, certify that
DONALD REED POOLE and wife, CAROL D. POOLE, both personally appeared before
me this day and acknowledged the due execution of the foregoing instrument.
NORTH CAROLINA
/fs /j=?i,?LCOUNTY
Witness my hand and notarial seal this J-j` day of
11
My Commission Expires: G" J
1986.
Nyortar Public
?"•, OFFICIALSEAL
r° Notary Public, North Carolina
1 ew J' ,_.' County of Forsyth )
((? " GINA L. EARP )
.:y :;ommission Expires/ e COUNTY
a Notary Public, certify that
Floyd T. Morgan personally p 'red before me this day and acknowledged that
he is Assistant Secretary of Nello L. Teer Company, a Delaware Corporation,
and that by authority duly given and as the act of the corporation, the
foregoing instrument was signed in its name by its Vice President, sealed
with its corporate seal and attested by himself as its Assistant Secretary.
Witness my hand and official seal, this the day of 26-4j??
1986.
NORTH CAROLINA
Notary Public _-
My Commission Expires: d / zotf7
- 10 -