20021467 Ver 1_COMPLETE FILE_20020911

0?0? W ATFRQG Michael F. Easley
Governor
William G. Ross, Jr., Secretary
?T__
1 Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
November 8, 2002
Rob & Margeret Rolfsen
309 Forsyth Street
Raleigh, NC 27609
DWQ Project No. 02-1467
Wake County
Page 1 of 2
Subject Property: Rolfsen Property, 309 Forsyth Street, Raleigh
Unnamed tributary to Crabtree Creek [03-04-02, 27-33-(1), C NSW (Nutrient Sensitive)]
APPROVAL of 401 Water Quality Certification and On-Site Determination per the Neuse River Buffer Protection
Rule (15A NCAC 2B.0233)
Mr. and Mrs. Rolfsen:
401 Water Qualitv Certification Approval
You have our approval, in accordance with the attached conditions, to pipe and fill 58 feet of stream at the subject
property as described in your application dated September 8, 2002 and received by the Division of Water Quality (DWQ)
on September 11, 2002.. After reviewing your application, we have determined that the stream impacts are covered by the
DWQ General Water Quality Certification Number 3362. This Certification allows you to use Nationwide Permit Number
39 when issued by the US Army Corps of Engineers (USACE). In addition, you should get or otherwise comply with any
other federal, state and local requirements before you go ahead with your project including (but not limited.to) erosion and
sediment control regulations. Also, this approval will expire when the accompanying 404 permit expires unless otherwise
specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application. If you change your project,
you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be
given a copy of this Certification and is thereby responsible for complying with all conditions. For this approval to be valid,
you must follow the conditions listed in the DWQ General Water Quality Certification No. 3362.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act
within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, NC 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing.
Neuse River Buffer Rule Exemption
The stream is depicted on the Wake County Soil Survey. Streams depicted on the Soil Survey are subject to the Neuse
River Riparian Area (Buffer) Protection Rule (15A NCAC 02B .0233), unless the stream is determined to be an
"ephemeral (stormwater) stream". Ephemeral streams are defined in the Rule as;
"Ephemeral (stormwater) stream means a feature that carries only stormwater in direct response to precipitation with
water flowing only during and shortly after large precipitation events. An ephemeral stream may or may not have a well-
defined channel, the aquatic bed is always above the water table, and stormwater runoff is the primary source of water.
An ephemeral stream typically lacks the biological, hydrological and physical characteristics commonly associated with
the continuous or intermittent conveyance of water."
The DWQ conducted an on-site determination of the stream on three separate occasions. Based on these on-site
determinations, the DWQ has determined that the stream is an ephemeral (stormwater) stream and therefore is not
subject to the Neuse River Riparian Area (Buffer) Protection Rule (15A NCAC 02B .0233).
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/
Page 2 of 2
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and the Neuse
Buffer Rule (15A NCAC 2B.0233). If you have any questions, please telephone Mr. Steve Mitchell [phone] or Mr.
Bob Zarzecki at [phone].
Sincerely,
Attachment: GC 3362
n Klimek, .E.
Q, Director
cc: Steve Mitchell, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File copy
Central Files
bz
DW O021467
November 8, 2002
Re: Rolfsen021467
Subject: Re: Rolfsen021467
Date: Fri, 08 Nov 2002 09:46:19 -0500
From: Bob Zarzecki <bob.zarzecki @ncmail.net>
Organization: Division of Water Quality; 401 Certification Unit
To: Steve Mitchell <[e-mail]>
Mitchell:
I just got back from the site. It's been a little less than 48 hours since
the last rain.. The swale is bone-dry. Amanda issued them a NW39 for the
activity, but I don't think she went to the site. I plan to write up a
GC3362 authorization for JD's signature which will include an on-site
determination that the jurisdicational water is an ephemeral stream not
subject to the buffer rules.
- Bob
Bob Zarzecki wrote:
> Mitchell:
> This is the property off Glenwood/Forsyth St. inside the beltline,
> Raleigh. The project was received on 9111102. rVe need to send
> something out on it today. You indicated in your staff report that,
> "Need to get second opinion and then apply for a variance." I went to
> the site Wednesday afternoon and forgot to talk to you about it
> yesterday. The swale had water in it but it had rained Tuesday night
> and rvednesday morning. I couldn't find any aquatic life. I plan to go
> to the site today. If it doesn't have any flow then I plan to call it
> ephemeral and not subject to our rules. if it has flow then I plan to
> send them a denial letter requesting that they avoid the impact or seek
> a variance. The Swale has a watershed of approximately 2 acres prior to
> the Rolfsen Property. The swale starts one lot (approximately 100 feet)
> up from the Rolfsen Property at a road culvert. It's rip-rapped around
> the adjacent house and continues as a rip-rapped swale through the
> Rolfsen Property. It then enters a 15" pipe at the property line and is
> piped under the front yard of a house and Forsyth St. It then daylights
> as a road side ditch along Forsyth St. and continues as a ditch until
> it's piped confluence with another drainage. It eventually becomes a
> non-disputable intermittent/perennial stream downstream of this
> confluence. I understand that you're out of the office today. Call me
> Monday if you're interested in the outcome of this project. I'll be
> sending them some kind of letter and coping you on it. Hope you had a
> great weekend.
> - Bob
Bob Zarzecki
NC DENR/DWQ 401 Wetlands Certification Unit
919-733-9726
1 of 1 11/8/02 9:46 An
MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WQ Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Rob & Margaret Rolfsen County Wake
Project Number 02 .1467 County2
Recvd From APP . Region Raleigh
Received Date 9/11/02 Recvd By Region
Project Type install pipe
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet - -
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
F39 Stream 01 ON F__27-33-(1) F-c- NSW 30,402. F__ 58.00 F__ r-
NBR F O Y O `? F_ F????
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? O Y ON Did you request more info? O Y ON
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y 0 N Recommendation: 0 Issue 0 ISSue/COnd 0 Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
cc: Regional Office
Central Office Page Number 1
Triage Check List
Date:
To: RO Steve Mitchell Project Name Q a a c?
?FRO Ken Averitte DWQ Project Number1
?WaRO Deborah Sawyer County
?WiRO . Joanne Steenhuis
?WSRO Jennifer Frye
?ARO Mike Parker
?MRO Pete Colwell
From: Telephone (919) 733 l? 40
The file attached is being forwarded to you for your evaluation. Please call if you need
assistance.
? Stream length. impacted..,..
? Stream determination
? Wetland determination and distance to blue line surface waters on USGW topo maps
? 'imization/avo' ce issues
Buffer Rules Neus , Tar-Pamilco, Catawba', Randleman)
? Pond 'fill
? Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
? Is the application consistent with pre-application meetings?
Cumulative impact concerns
.. R Y`
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e
Comments?0
-. Yy
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Office Use Only: Form Version May 2002
02 14 67'
USACE Action ID No. DWQ No.
(If anv particular item is not annlicable to this nroiect. please enter "Not Annlicable" or "N/A".)
-- - - - -- r..V
i. Processing
1. Check all of the approval(s) requested for this project: P 02
56 Section 404 Permit ? Riparian or Wat lg?d Buffer Rules I
Section 10 Permit ? Isolated Wetland MR,,
401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: N tx,6 W L *_M
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
1. Owner/ADnlicant Information
Telephone Number: g k0 t, 511, cI36® Fax Number:
E-mail Address: r rC) l qse vi 0 65co • com
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation:
Mailing Address:
Telephone Number:
E-mail Address:
Fax Number:
Page 5 of 5
M. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than I1 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: T®qwn ? er>?
X T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN):
4. Location ti
County: 4kL Nearest Town: INA
Subdivision name (include'phase/lot number): Club 47 11-5 'J
Directions to site (include road numbe s, landmarks, etc.): o
5. Site coordinates, if available (UTM or Lat/Long):
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 0 ? 'S gcoe-S
7. Nearest body of water (stream/river/sound/ocean/lake): CM IA . _ Ort*k_
8. River Basin: N tell
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps .)
9. Describe the existing conditions on the site and general land use in, the vicinity of the project
at the time of this application: &n4 i?i to is ck lot wi a 4-
Page 6 of 6
10. Describe the overall project in detail, including the type of
11. Explain the purpose of the proposed
to be used: YeMoVIC
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
VL Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 7 of 7
1. Provide a written description of the proposed impacts:-
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http:/hN-u,u.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property:
Total area of wetland impact proposed: A
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(pleases ify)
Y e riP °Ye.
e
OS 0
0 6t??? r
1
1

" List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. if stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
x Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
wuu.uses.aov. Several internet sites also allow direct download and printing of USGS maps (e.g., Nvv,,w.topozone.co1u
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 50/
Page 8 of 8
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres)
Name Wate)
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bey, ocean, etc.)

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
VIII, Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Page 9 of 9
VII. In order to justify the proposed impact (or lack there of) to this
"intermittent stream", it is necessary to first consider that the vast
majority of the water running through the back of this yard
comes off the city street system which directs the water in the
direction of this back yard. If, in fact, there was a curb and
gutter system along Alamance between Forsyth and Buncombe
(see map) (note: there is currently a curb and gutter system
proposed for this section of city street), there would be
significantly less "stream" to pipe, or the "stream" may become
non-existent altogether.
The desire is to take the small backyard that this "stream" bisects
and create a backyard for children to play in. Currently, we feel
the rip-rap lining the "stream" is hazardous to walk on or play
near, it is jagged and unstable. We also feel that we will be
decreasing the amount,of water and silt that enters this "stream"
by adding additional lawn and plantings that will absorb more
water and hold more of the soil, thus reducing the impact on
those downstream.

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USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.ne.us/newetlands/strmgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.ne.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Page 10 of 10
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
. Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify l?
Yes ? No .K If you answered `Iyes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
,?
Zone Impact
(Square feet)
Multiplier Required
Mitigation
1 3qu 3 II ?a
2 Q 1.5
Total 110
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 11 of 11
J'
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or.0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls propoed in order to protect surface waters and wetlands
downstream from the property. X /I -
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
XIM Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No R
Is this an after-the-fact permit application?
Yes ? No RT
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
q??2
Applicant/Aont's Signature Date
(Agent's signature is valid only if an aut rization letter from the applicant is provided.)
Page 12 of 12
V.
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N -,w or Formerly
Power Box '
Telephone Pedestal
Cable Television Pedestal
Power Pole
Light Pole
Acres
Book of Mops
Not To Scale
Iron Pipe Set
Existing Iron Pipe
Line Not Surveyed
Right-of-woy
Computed Point (Not Set)
Drop Inlet
ZECISION: 1/10,000+
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FORSYTH STREET
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Rower lanes
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---------------------------------
Reference: Lot 229
L? Sec. _ Pt. _ BIk. 6 Ph
`? , COUNTRY CLUB HILLS - MAP 37
Map Bk. 1954 Pg. 58
SCALE Map Bk. Pg.
30' 0' 30' 60' Deed Bk. A501 Pg. 1,5,53
\ CARa
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the lot.Vnd thgt no other 1
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VICINITY MAP
N.T.S.
Property Of
ROBERT
MARGARET
ROUSEN
ROUSEN
309 FORSYTH STREET
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