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HomeMy WebLinkAbout19970463 Ver 1_COMPLETE FILE_19970517 4 RECEIVE) DIVISION OF COASTAL MANAGEMENT MAY 2 7 1997 FIELD INVESTIGATION REPORT ENVIRONMENTAL SCIENCES 1. APPLICANT'S NAME: Daniel R. Foreman & Associates Inc. 2. LOCATION OF PROJECT SITE: Pamlico County, Town of Oriental, off Whittaker Point Road, adjacent the West Branch of Whittaker Creek Photo Index - 1995: 78-854 (indexed by J,K-19) 1989: 2 119 12 (indexed by 0,P-13) State Plane Coordinates - X: 2,693,450 Y: 474,400 Oriental Quad "LL" 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - February 19, 1997 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - April 15, 1997 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Oriental Land Classification From LUP - Conservation (B) AEC(s) Involved: EW, PT, ES, CW © Water Dependent: Yes (D) Intended Use: Commercial travel-lift (E) Wastewater Treatment: Existing - City sewer Planned - N/A (F) Type of Structures: Existing - Marina amenities Planned - Travel-lift (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DRF.D GF.D -FILLED OTHER (A) Vegetated Wetlands shading of Junous roemerianus 1,050 ft2 (B) Non-Vegetated Wetlands shading of Estuarine Waters 1,140 ft2 ® Other (D) Total Area Disturbed: 2,190 ft2 (E) Primary Nursery Area: Yes (F) Water Classification: SA NSW Open: No 8. PROJECT SUMMARY: The applicant proposes to install a commercial travel-lift. FIELD INVESTIGATION REPORT: DANIEL R. FOREMAN & ASSOCIATES, INC./PAMLICO COUNTY PAGE #2 9. NARRATIVEDESCRIP1ON: Project Setting Whittaker Creek Marina is a full service, 130 wet-slip marina located off Whittaker Point Road in Oriental, Pamlico County, North Carolina. Daniel R. Foreman & Associates are the owner of record for much of the 5-acre tract. The land essentially forms a peninsula between the east and west branches of Whittaker Creek, a tributary of the Neuse River. There is a marina office, restaurant, pool, pool house, etc. located on the tract. The Whittaker Creek Yacht Owners' association own the pool, pool house, clubhouse and the land these structures sit on, as well as a narrow strip of land bordering the east branch of Whittaker Creek. The docks of the marina essentially run parallel to the bank of both branches. The outer tie poles of the docks along the west branch are located approximately one-third the width of the creeks. Individual lots and single family dwellings are located immediately upstream of the tract on both the east and west branch of Whittaker Creek. A private pier exists on the lot upstream of the "project" site and extends out into the west branch of Whittaker Creek approximately 35'. A 30-slip marina, with travel-lift, is located immediately across the "project" site. Docks from this marina are also located near the one-third line. Whittaker Creek Marina has a commercial marina pumpout onsite. The actual "project" site is an approximate .5-acre lot within the 5-acre tract and is characterized by high ground near Whittaker Point road grading down to an extensive intertidal marsh bordering the west branch of Whittaker Creek. The marsh is approximately 90' wide at this point and is vegetated primarily with black needlerush (Iuncus_roemerianus). Whittaker Creek is a designated Primary Nursery Area and maximum water depths along the "project" site were surveyed at -5.3' below NWL near the waterward edge of the proposed travel-lift, some 90' out into Whittaker Creek. Depths average approximately -3' along the length of the lift. Whittaker Creek is SA NSW waters and is closed to shell fishing. Project Description The applicants proposes to construct a commercial travel-lift at Whittaker Creek Marina. The lift would consist of two 6'-wide, elevated wooden piers that extend approximately 90' over marsh and approximately 90' out into the west branch of Whittaker Creek. According to the applicant, the lift would be used to haul boats for dry and winter storage and no work would be done on the boats. The boats would be stored on the grassed portion of the lot adjacent to Whittaker Point road. Anticipated Impacts Installation/construction of the travel-lift would result in the shading of approximately 1,050 sq. ft. of coastal wetlands/marsh and another 1,140 sq.ft. of shallow PNA habitat. Actual installation of the lift would result in short-term increases in turbidity as a result of piling installation. Potential disturbance to the shallow water habitat exists from deep drafted and keeled sailboats maneuvering in the shallow waters of the lift area. And there is always the potential for impact to water quality if the applicant does perform maintenance/overhaul on boats hauled up by the lift. M. Ted Tyndall - Morehead City - May 13, 1997 Frahm DCM-MP-1 APPLICATIO (To be completed by all applicants) 1. APPLICANT a. Landowner: Name Daniel_R. Forman & Assoc. Inc. Address P, 0, Box 357 Ci Oriental State NC city 919-249-3000 Zip 28571 Day Phone 249-1020 Fax 919-249-2222 b. Authorized Agent: Name Dan Forman Address same as above City State Zip Day Phone Fax c. Project name (if any) NOTE. Permit will be issued in name of landowner(s), cad/or project name. 2. LOCATION OF PROPOSED PROJECT a. County Pamlico b. City, town, community or landmark Oriental c. Street address or secondary road number Whittaker Point Rd. d. Is proposed work within city limits or planning jurisdiction? x Yes No e. Name of body of water nearest project (e.g. river, creek, sound, bay) Creek. 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. Pier/Travellift SEE PLOT MAP #1 b. Is the proposed activity maintenance of an existing project, new work, or both? New work c. Will the project be for public, private or commercial use? CommPrnial d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional piifft to haul Th;c l; f'+ will n,nl-" }gyp iicQi to haul }inat.c fnr arj[ stnragp_Nn work will '1A nArmi ttAA in -be done on these boats. Theng 'na+c will 'ho li-q+gA fn= sal-. SE , ADDENTt M #1 Revised 03/95 Form DCM-MP-1 ,A 4. LAND AND WATER ?'*° • CHARACTERISTICS a. Size of entire tract 1A Aa-e for hauling. rina property 4.9 arses b. Size of = "lot(s) c. Approximate elevation of tract above MHW or NWL 5' d. Soil type(s) and texture(s) of tract Youngs Alfa Vista e. Vegetation on tract Coastal mix grass f. Man-made features now on tract See plot map g. What is the CAMA Land Use Plan land classification of the site? (Consult the local land use plan.) xxxxx Conservation Transitional Developed YY Community Rural Other h. How is the tract zoned by local government? Commerial i. Is the proposed project consistent with the applicable zoning? xx Yes No (Attach zoning compliance certificate, if applicable) j. Has a professional archaeological assessment been done for the tract? _ _ Yes x_ No If yes, by whom? k. Is the project located in a National Registered Historic District. or does it involve a National Register listed or eligible property? Yes xx No 1. Are there wetlands on the site? Yes No Coastal (marsh) xx Other If yes, has a delineation been conducted? (Attach documentation, if available) m. Describe existing wastewater treatment facilities. N A n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial /commercial effluent, "wash down" and residential discharges.) x SEE ADDENTUM #2 o. Describe existing drinking water supply source. N/a 5. ADDITIONAL FNFORMATION In addition to the completed application form, the following items must be submitted: • A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. • An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale in black ink on an 8 1/2 by 11" white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the Revised 03/95 Forln DCM-MP-1 APR 15 1997 site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stormwater Certification, if one is necessary. 6. CERTMCA=2=_RKRAffSSION TO ENTER ON LAND • A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifies that such notice has been provided. Name Margaret Heyer Address 117 Boyd St. Annapolis, Md. 2140 3 Phone 410-263-5188 Name G.M. Anderson Address FO, Phone 919-249-1504 Name ?a?Wo Address 0 ,t^ 3 Phone t-*PR,V°iti i C°, .7eSr / • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. I understand that any permit issued, in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of, North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the.,Zd day of, 19-L7. Print Name ?? r D R v%,? Q "1 Signature landowner or Authorized Agent /?Cvt/s PZ ??L Please indicate attachments pertaining to your proposed project. DCM MP-2 Excavation and Fill Information DCM MP-3 Upland Development DCM MP-4 Structures Information DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOTE. Please sign and date each attachment in the space provided at the bottom of each form. Revised 03/95 Form DCM-MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application which relate to this proposed project. a. Dock(s) and/or Pier(s) / Travel Lift (1) XX_ Commercial -Community _ Private (2) Number ljx 1 (3) Length 204' (4) Width 30' overall (5) Finger Piers x 2 Yes No (i) Number 2 (ii) Length k (iii) Width RaW117 (6) Platform(s) Yes No Q-rrrc (i) Number cb-/1 (ii) Length (iii) Width (7) Number of slips proposed 1 (8) Proximity- of structure to adjacent riparian property lines 159 (9) Width of water body 20, oZ (10) Water depth at waterward Lend ?pf pier at MLW or NWL 1 7i J, b Boathouse (including covered lifts) (1) Commercial _ (2) Length (3) Width N/A Private c. Groin (e.g. wood, sheetpile, etc.) (1) Number (2) Length(s) d. Breakwater (e.g. wood, sheetpile, etc.) (1) Length (2) Average distance from MHW, NWL or wetlands (3) Maximum distance beyond MHW, NWL or wetlands e. Mooring buoys ?I APR 1 5 1997 1 -ZI 1!51'V wMwwNw?w • wrwMw WON" (1) _ Commercial -Community _ Private (2) Number (3) Description of buoy (Color, inscription, size, anchor, etc.) (4) (5) be placed beyond f. Mooring structure (boatlift, mooring pilings, etc.) (1) _ Commercial -Community _ Private (2) Number (3) Length (4) Width g. Other (Give complete description) -D? «1IP 1 Rt T70 RMai ? ? A ca t or -"e t I? Signature .;? -/ ?/ ?7 Date Width of water body - Distance buoy(s) to shoreline -• Revised 03195 Form DCM-MP-6 MARINA DEVELOPMENT ww?wwr?w? ?rraw????N,Zp (Required for the mooring of more than 10 vessels) Fo?z S?FO/?iy,#7-10,V 1Oi1/L Y . Attach this form to Joint Application for CAMA Major g. Typical boat length o?e ?-? y0 r Permit, Form DCM-MP-1. Be sure to complete all L other sections of the Joint Application that relate to this h. Maximum boat length proposed project.%% i. Are any floating structures planned? /1*00 If so, describe 1. MARINA CHARACTERISTICS a. Check below the type of marina proposed.,?-,-el? _k Commercial Public Residential b. Will ?the marina be open to the general public? Yes No c. If there is residential development associated with the marina, how many units or lots are planned and how many are currently developed? /l/or?e e provided. to b Check all of the types; wtr Full service, avel lift and/or rail ? Dockage, fuel, and marine supplies ?0 Dockage ("wet slips") only Number of slips _.3S Dry storage Number of boats vin Boat ramp(s) Other (describe) e. Check below the proposed type of siting. Land cut and access channel Open water with. dredging for basin and/or X09, channel T(ofVI°V10*4, Open water, no dredging required X_ Other (describe) 7X4at l 4-KOyrR I'%aRs'(f - /z/o ??r'Ctlv4 ?e y Describe the typi t o-be served for example, open runabout, er boa ail boats mixed d r4 e. types). <11 2. MARINA OPERATIONS Check each of the following sanitary facilities that will be included in the proposed project. X_ Office toilets X Toilets for patrons Number ?? Location i? w111,?!!7 _ f Showers Boat holding tynk um o t f? Type anlocation ?c kt Y? b. Describe treatment type and disposal location for all sanitary wastewater. z/ ?eu,r R c. Describe the disposal of solid waste, fish offal and tr ash d i s sal. tun r,Py x?It-V4 d. How will overboard discharge of sew age from ?qats be controlled? IV:4'"Ire ? ?r r Give the location and number of "No Se9ge Discharge" signs proposed. herd gwar Revised 03/95 Whittaker Creek Yacht Sales & Charters P.O. Box 357 919-249-3000 or 919-249-0666 Oriental, NC 28571 Fax 919-249-2222 t Addendum #2 APR 1 5 1997 s?.,...r..?....r«wrriMil?? Regarding Section 4 #N The only discharges will be fresh water from a pressure washer. No chemicals or any other substance will be used. The fresh water will be surface runoff through existing drainage ditches into the west branch of whittaker Creek. Daniel R. Forman & Assoc. 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BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 September 18, 1997 q?463 L Daniel R. Foreman c/o Daniel R. Foreman and Associates, Inc. Post Office Box 357 Oriental, North Carolina 28571 Dear Mr. Foreman: By copy of the North Carolina Department of Environment, Health and Natural Resources letter to you of August 27, 1997, we have learned that State authorization for you to install a commercial travel-lift at the Whittaker Creek Marina, located off Whittaker Creek Road, adjacent Whittaker Creek, in Oriental, Pamlico County, North Carolina, has been denied. Under the administrative rules of our regulatory program, denial of required State authorization precludes favorable consideration of a Federal permit. Accordingly, your Department of the Army(DA) application is hereby denied, without prejudice, and your file has been retired. If you wish to continue to pursue a DA permit, you must obtain the required State authorization. In the event you obtain the authorization, we will reopen your permit file, and continue to process your application. After the file is reopened, any issues raised during the public review process will have to be addressed before a permit can be issued. Mr. Raleigh Bland of the Washington Regulatory Field Office staff is available to answer any questions you may have or to assist you in developing a revised plan. Mr. Bland may be reached at telephone (919) 975-1616, extension 23. Sincerely, , ? 4i? Michael D. Smith, P.W.S. Chief, North Section Regulatory Branch Enclosures . -2- Copies Furnished (without enclosures): Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. John Hefner U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, North Carolina 28516 Mr. Thomas Welborn, Chief Wetlands Regulatory Section - Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 100 Alabama Street, SW Atlanta, Georgia 30303 Mr. John Dorney DiV?'sion of Environmental Management NorthyCarolina Department of Environment, Healt?and Natural Resources 4401 Reedjr.CCre k Road Raleigh, NortCarolina 27607 Mr. Charles Jones Morehead City Regional Office North Carolina Division of Coastal Management Hestron Plaza II, 151-B Highway 24 Morehead City, North Carolina 28557 th Carolina of Environment, itural Resources Quality ovemor Secretary d, Jr., P.E., Director ?EHNR August 5, 1997 Pamlico County DWQ Project # 970463 VAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS .rtr. Daniel R. Foreman P.O. Box 357 Oriental, NC28571 Dear Mr. Foreman: You have our approval, in accordance with the attached conditions and those listed below, to shade 2,190 square feet of waters for the purpose of constructing a commercial travel-lift at Whittaker Creek near Oriental, NC, as you described in your application dated 27 May 1997. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3112. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. This approval will expire when the accompanying 404 or CAMA 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 except as modified below. If you change your project, you must notify us and you may be required to send us a new application. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below: 1) only clean water shall be used at the pressure wash location (no chemicals or soaps); 2) the pressure wash area must be on an upland site with either a gravel filter bed or catch basin for runoff; 3) Bottom scraping, painting, engine repair and similar measures shall not be conducted at this site without additional written approval from DWQ. 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, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-1786. &_?v Howard, Jr. P Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Washington Field Office Washington DWQ Regional Office Mr. John Dorney Central Files John Parker; DCM 970463.1tr Division of Water Quality • Environmental Sciences Branch Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer - 50% recycfed/10% post consumer paper DEHNR Fax:9199753716 To: John Dorney Planning Branch # vao Mawr 11Evilms SAWYER WO SUPBHVT.S0 z DATE: Y/67? P. 02/03 TION IM MMAL MICE , PBBlQ:T YR: 9 fIM1QT 1Fb.: COUNTY: r'a.•.?•?* PiOJECT IffAm: '?• Y- ??ac?, ? ?? Fm= PERM Tm: 09kcax Cps.;s DOT #: /13 RCD FROM . CDA: DM DAM FROM CDA: g orFlcs: WeRO AND . FlJISIN #: Nr c•( SI`R AM ADJAC$[?1.J '' WATER BbDY:4 )47 CI, .SS: ? C STRFAK ?IDRX it. OPEN .OR qagMt) WL; H> iBH1?: WL Am BST: MO*O CNI&7: WL 900R8s 01TIGAnOP SIZE: RATIM SWW ATTACFDHI7 nCl ff0i iAUZON: ISSUE / DDIY HOLD STOR WATER PLAN REQ'D: 7 IF YES, DATE APPROVED: PROJECT DBSCRSPTMON: V4 : Tft CM. 401 CERT. REQ'D: IF YES, TYPE: ;SBHASY DISPOSAL ?r TYPE OF DISPOSAL FNAPQSED: U? ( TIHG, PROPOSED. SEPTIC TANK ETC.) TO BE PLRMITTEI ?.: DHS, COUNTY) IF: BY DEM, ISITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: A#EA 'OF FILL: WATER; -6 WETLAND: -- ? IS..VILL ELIMINATING A SIGNIFICANT USE? AREA TO BE DREDGED.: -0 IS DREDGING ACTIVITY WICTED TO CAUSE A SIGNIFICANT LOSS OF . RESOURCE? IS SPOIL .DISPOSAL ADEQUATELY ADDRESSED? ARE THE FOLLOWING ADEQUATELY ADDRESSED? SEWAGE DISPOSAL: MARINA ERVICES: OXYGEN IN BASIN: CLOSURE OF ?kELLFISHING WATERS: JU1 16 '97 1401 11MBION OF Mr s , MANAGFM CAKA/COR PRA APPLICATION Mn-jM i CC: Waltp:, Central FileS; DCM Field Offices; ODE Washington Office DEHNR Fax:9199753716 Jul 16•'97 14:01 P-03/03- I3"t OR pT ?T?ICTIONS: DEHNR Fax:9199753716 Jul 16 197 14:00 North Carolina P. 01/03 Department of En ' Ironn' ; nt, Health Natural Resources WASHINGTON REGIONAL OFFICE '943 WASHING ON •SQUAR9 MALL W"hlngtan, N. C. 27859 PHO e: 919-946.6481 FAX: 919-975-3716 -A l ' U..MBIER .? 12 ?11," ?7 f7 O[T M- b er Of -.P ages (Induding • cover page) .. .,C!oll?1?IAMII?S:_ ?,aa c7`?- •? [' ? _ ?? DEHNR Fax:9199753716 lVlElt OONIDUM Division-on.Water Quality Washington Regional Office hire 30 1997 To: Doha May Tbrough; Roger Thorpe /* From DeborahSawyar kf>? Jul 1 '97 14:39 P.02/02 .. &#*0 tibjeet: CAMAIDredge and Fill Permit Application Review Daniel R Foreman & Associates, Inc. P"Aco County This otllce has reviewed the above subject permit application. It is the opidOTI of this office that the project should be placed on hold until the following information is received: • Due to marsh and cxposed soils, how will the applicant address potential erosion control from the pressure wash system so as not to violate the water quality turbidity standard or significantly impact the coastal marsh? It is recommended that the washing be peMrmcd on upland area which has a rock filter cerstructed to prevent any erosion. • The average water depth is -3 feet. Most Jorge vessels and sailboats draw more depth. than -3 feet- How will applicant address the potential, to disturb the bottom sedimalts which will violate the water quality turbidity standard? Will there be restrictioms for boats which draw more water such as "break-a-way" feels? The WarRO once will verify the depths within the proposed project arcs the wook of July 6th by boat dtte to the sensitivity of the waters in the area (5A NSW IIQ) and the potential for turbidity ccmceM. This office requests that you send a letter to the applicant rcquesti ng him to address the above concerns. Thank You. Ted Tyndall Yobn parker DEFNR North Carolina Department of Environment, Health Natural Re$ources WASHINGTON REGIONAL, OFFICE 943 WASHINGTON SQUARE MALL Washington, N. C. 27888 Phone: 919x948-8481 T4: NUMBER Fax:9199753716 Jul 1 '97 14:39 P.01/02 FAX: 919-975-3716 On Or of. pales (including haver page) ?-- CQNIMMTs: b =Z4 5Z?