19970532 Ver 1_COMPLETE FILE_19970617

State of North Carolina IT
Department of Environment, LTI.X?FA
Health and Natural Resources / •
Division of Water Quality A 21
James Hunt, Governor I E H N?
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
August 19, 1997
Carl Rose and Sons, Inc.
P.O. Box 786
Elkin, NC 28621
Dear Mr. Rose,
Re: Certification Pursuant to Section 401 of the Federal Clean Water Act,
Proposed sand and gravel mine at Dale Rose Pit
WQC Project #970532, COE #199700822
Yadkin County
Attached hereto is a copy of Certification No. 3153 issued to Carl Rose and Sons, Inc. dated 19
August 1997.
If we can be of further assistance, do not hesitate to contact us.
n Howard, Jr. P.7.
Attachments
970532.wgc
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Winston-Salem DWQ Regional Office
Mr. John Domey
Mr. John Parker, Division of Coastal Management
Central Files
John Parker, DCM
Division of Water Quality • Environmental Sciences Branch
Enviro. Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper

NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public
Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality
(DWQ) Regulations in 15 NCAC 2H, Section .0500 to Carl Rose and Sons, Inc. resulting in 2.44 acres of
wetland impact in Yadkin County pursuant to an application filed on the 23rd day of June, 1997 to excavate
sand and gravel from the Yadkin River at Dale Rose Pit.
The application provides adequate assurance that the discharge of fill material into the waters of Yadkin
River in conjunction with the proposed development will not result in a violation of applicable Water
Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this
activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL
95-217 if conducted in accordance with the application and conditions hereinafter set forth.
This approval is only valid for the purpose and design that you submitted in your application, as
described in the Public Notice or as modified below. If you change your project, you must notify us and
you may be required to submit a revised 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 below. 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.
Condition(s) of Certification:
1. Appropriate sediment and erosion control practices which equal or exceed those outlined in the
most recent version of the North Carolina Sediment and Erosion Control Planning and Design
Manual" or the 'North Carolina Surface Mining Manual" (available from the Division of Land
Resources in the DEHNR Regional or Central Offices) shall be utilized to prevent exceedances
of the appropriate turbidity water quality standard (50 NTUs in all fresh water streams and rivers
not in trout waters);
2. All sediment and erosion control measures placed in wetlands or waters shall be removed and the
natural grade restored after the Division of Land Resources has released the project;
3. Measures shall be taken to prevent live or fresh concrete from coming into contact with waters of
the state until the concrete has hardened;
4. A buffer zone with a width of at least 50 feet of woody vegetation shall be maintained along the
river bank except where the dragline equipment is operating.
Violations of any condition herein set forth shall result in revocation of this Certification and may result
in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions
are made conditions of the Federal 404 and/or coastal Area Management Act Permit. This Certification
shall expire upon expiration of the 404 or CAMA permit.
If this Certification is unacceptable to you you have the right to an adjudicatory hearing upon written
request within sixty (60) days following receipt of this Certification. This request must be in the form of a
written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the
Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. If modifications are
made to an original Certification, you have the right to an adjudicatory hearing on the modifications upon
written request within sixty (60) days following receipt of the Certification. Unless such demands are
made, this Certification shall be final and binding.
This the 19th day of August, 1997
DIVIS ON OF WATER QUALITY
ton How Jr. P.E.
WQC #3153
, State of North Carolina
Department of Environment,
Health and. Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
June 24, 1997
MEMORANDUM
TO: Mr. A. Preston Howard, P. E.
Director
Division of Water Quality
FROM: John R. Parker, Jr.
Inland "404" Coordinator
SUBJECT: "404" Project Review
IDEHNFZ
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The attached U.S. Army Corps of Engineers Public Notice for Action No. 199700822 dated June 19,
1997 describing a proposed project by Carl Rose & Sons, Inc. is being circulated to interested state
agencies for comments on applicable Section 404 and/or Section 10 permits.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by 7/18/97. If you have any questions regarding the proposed project, please contact me at 733-2293.
When appropriate, in-depth comments with supporting data is requested. '
REPLY This offi up}aafrs the project proposal.
No comment.
Comments on this project are attached.
This office objects to the project as proposed.
Signed Date
-)" L*J
P.O. Box 27687, FAX [phone]
Raleigh, North Carolina 27611-7687 NNof C An Equal Opportunity/Affirmative Action Employer
Voice 919-733-2293 50% recycled/10% post-consumer paper
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MEMORANDUM PRINT NAMES:
Reviewer: Qankin
TO: JOHN DORNEY WQ SUPV.: / _ ?ifi'04 1! 5
ENVIRONMENTAL SCIENCES BRANCH DATE : 1131 q-
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
***EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE) RECEIVED
JUL 018 1997
PERMIT YR: 97 PERMIT NO: 0,000532 COUNTY: YADKIN
APPLICANT NAME: CARL ROSE & SON - DALE ROSE PIT ENVIRONMENTAL SCIENCES
PROJECT TYPE: SAND MINING PERMIT TYPE: IND. ^""^
COE
# : 199700822 DOT
#:
_
RCD_FROM _CDA: COE -
DATE FRM CDA: 06/17/97
REG OFFICE: WSRO
RIVER-AND-SUB-BASIN-#: 030702
STREAM CLASS: C
WL_IMPACT?: YEN
WL REQUESTED: N/A
WL_SCORE M N/A
MITIGATION? : Y's
MITIGATION_SIZE:NIR
STR INDEX N0: 12-(53)
WL_TYPE : streorn
WL_ACR_EST?: Y/t
WATER IMPACTED BY FILL?: Y/®
MITIGATION-TYPE: N/A
DID YOU REQUEST MORE INFO?: Y/(!D
IS WETLAND RATING SHEET ATTACHED?: Y/(
HAVE PROJECT CHANGES/CONDITIONS BEEN DISCUSSED WITH APPLICANT?: Y/6D
RECOMMENDATION (Circle One): ISSUE ISSUE/C0. DENY
COMMENTS : 17 rna 5 hoa lA be fused i rnsf ead of ckaa1i ryes
CC: Regional Office
Central Files
9
R°"AFT 1y941>
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® North Carolina Wildlife Resources Commission®
312 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: John R. Parker, Inland 404 Coordinator
Division of Coastal Management
FROM: Stephanie E. Goudreau, Eastern Mt. Region Coordinator
Habitat Conservation Program
DATE: July 14, 1997 P ?r
SUBJECT: U.S. Army Corps of Engineers Public Notice No. 199700822, Review of an
application submitted by Carl Rose and Sons, Inc. to excavate sand and gravel by
dragline from the Yadkin River at the Dale Rose Pit, Yadkin County
The North Carolina Wildlife Resources Commission (NCWRC) has reviewed the
information provided by the U.S. Army Corps of Engineers, and biological field staff conducted
a site visit on 7 April 1997. These comments are provided in accordance with provisions of the
Clean Water Act of 1977 (33 U.S.C. 466 et seq.), and the Fish and Wildlife Coordination Act (48
Stat. 401, as amended; 16 U.S.C. 661-667d.).
The applicant proposes to excavate sand and gravel from the Yadkin River off SR 1364
east of Jonesville. Approximately 2.44 acres of river bottom will be mined in three sections:
425 feet long by 50 feet wide, 230 feet long by 50 feet wide, and 175 feet long by 50 feet wide.
The proposed excavation will occur to an average depth of 3-5 feet below the existing river
bottom with a maximum of 20,000 cubic yards of river sand and gravel to be removed annually.
Excavated material will be stockpiled temporarily on the adjacent high ground ridge east of the
river and later removed by dump trucks.
We previously commented on an application for a state mining permit for this site in a
memorandum dated 7 April 1997 to Ms. Susan Edwards of the Land Quality Section. We would
not object to the issuance of a permit for this site, provided our previous recommendations made
on the mining permit application are implemented:

199700822 Page 2 July 14, 1997
1) Active dragline sites should be limited to not more than 70 linear feet along the river
bank with a minimum of 100 linear feet of vegetated buffer zone between sites. Woody
vegetation should be allowed to grow up in the buffer zones.
2) Any bare soil presently within the buffer zones should be reseeded immediately.
Switchgrass and VA 70 shrub lespedeza should be added to the seed mixture to provide
additional wildlife habitat.
3) The buffer zone should extend from the waters edge to the haul road (approx. 75-100
feet) in order to help filter runoff from the stockpile areas
Thank you for the opportunity to review and comment on this project. If you have any
questions regarding these comments, please contact me at 704/652-4257.
cc: Mr. John Thomas, COE
Mr. Mark Cantrell, USFWS
Mr. John Dorney, DWQ

1.
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<' ``-" ? DEPARTMENT OF THE ARMY ?RpN w Jg?
Wilmington
Post Offcue BCorps o ox 189p Engineers M?NT?CSC,c
,. Wilmington, North Carolina 28402-1890 Np??
Action ID No. 199700822 June 19, 1997
PUBLIC NOTICE
CARL ROSE AND SONS, INCORPORATED, POST OFFICE BOX 786, ELKIN,
NORTH CAROLINA 28621 has applied for a Department of the Army
(DA) permit TO EXCAVATE SAND AND GRAVEL BY DRAGLINE FROM THE
YADKIN RIVER AT THE DALE ROSE PIT, TO BE USED IN THE PRODUCTION
OF ASPHALT SAND, ON PROPERTY LOCATED OFF OF S.R. 1364, EAST OF
JONESVILLE, YADKIN COUNTY, NORTH CAROLINA.
The following description of the work is taken from data
provided by the applicant and from observations made during a
site visit by a representative of the Corps of Engineers. Plans
submitted with the application show the proposed excavation by
dragline of approximately 2.44 acres (total) of river bottom in
three sections: 425 feet long by 50 feet wide, 230 feet long by
50 feet wide, and 175 feet long by 50 feet wide. The proposed
excavation of sand and gravel will occur to an average depth of 3
to 5 feet below the existing river bottom, with a maximum of
20,000 cubic yards of river sand and gravel to be removed from
the site annually. Excavated material will be temporarily
stockpiled on the adjacent high ground ridge east of the river
and later removed by dump trucks.
The site consists of a typical mountain riverine system,
characterized by the river channel confined within adjacent
upland ridges. These upland ridges consist of open farm
pastures. The average depth of the water where the excavation is
proposed is approximately 6 to 9 feet.
Excavated materials will be temporarily stored within cleared
areas (approximately 75-100 feet wide) along the upland ridge
adjacent to each section of river excavation. These areas are
sparsely vegetated by few herbaceous plants: smartweed, ragweed,
and pokeberry. Wooded borders adjacent to the cleared stockpile
areas are vegetated primarily by sycamore, elm, sweetgum and red
maple. Beyond the wooded buffers are open farm pastures. The
soils within the proposed stockpile limits are characterized as
moderately well drained or well drained on first bottoms and low
terraces subject to overflow.
The purpose of the work is to obtain sand and gravel for
commercial asphalt production. Plans showing the work are
included with this public notice.
I
A
All factors which maybe relevant to the proposal must be
considered including the cumulative effects thereof. Among those
are conservation, economics, aesthetics, general environmental
concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (in accordance with
Executive Order 11988), land use, navigation, shore erosion and
accretion, recreation, water supply and conservation, water
quality, energy needs, safety, food and fiber production, mineral
needs, considerations of property ownership, and, in general, the
needs and welfare of the people. For activities involving the
placement of dredged or fill materials in waters of the United
States, a permit will be denied if the discharge that would be
authorized by such permit would not comply with the Environmental
Protection Agencies' 404(b)(1) guidelines. Subject to the
preceding sentence and any other applicable guidelines or
criteria, a permit will be granted unless the District Engineer
determines that it would be contrary to the public interest.
The Corps of Engineers is soliciting comments from the
public; Federal, State and local agencies and officials; Indian
Tribes and other interested parties in order to consider and
evaluate the impacts of this proposed activity. Any comments
received will be considered by the Corps of Engineers to
determine whether to issue, modify, condition or deny a permit
for this proposal. To make this decision, comments are used to
assess impacts on endangered species, historic properties, water
quality, general environmental effects and the other public
interest factors listed above. Comments are used in the
preparation of an Environmental Assessment (EA) and/or an
Environmental Impact Statement (EIS) pursuant to the National
Environmental Policy Act (NEPA). Comments are also used to
determine the need for a public hearing and to determine the
overall public interest of the proposed activity.
Generally, the decision whether to issue this Department of
the Army (DA) permit will not be made until the North Carolina
Division of Environmental Management (NCDEM) issues, denies, or
waives State certification required by Section 401 of the Clean
Water Act. The NCDEM considers whether or not the proposed
activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the
Department of the Army (DA) permit serves as application to the
NCDEM for certification.
Additional information regarding the Clean Water Act
certification may be reviewed at the offices of the Environmental
Operations Section, North Carolina Division of Environmental
Management (NCDEM), 4401 Reedy Creek Road, Raleigh, North
Carolina. Copies of such materials will be furnished to any
person requesting copies upon payment of reproduction costs.
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF June 16, 1997
Regulatory Branch
Action ID No. 199700822
Mr. John Dorney
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Dear Mr. Dorney:
RECEI V''Eti
71991
E'NV'Rp/VMENTgt ,,1?1?C ?
` ?fJ
Enclosed is the application of Carl Rose and Sons, Inc. for
Department of the Army authorization and a State Water Quality
Certification to excavates ,saand_.=a. gravel by dragline from the
Yadkin River at the a e Rose Pi to be used in the production
of asphalt sand on?pr pe-r-ty ocated off of S.R. 1364, east of
Jonesville, Yadkin County, North Carolina. Your receipt of this
letter verifies your acceptance of a valid request for
certification in accordance with Section 325.2(b)(ii) of our
administrative regulations.
We are considering authorizing the proposed activity pursuant
to Section 404 of the Clean Water Act, and we have determined
that a water quality certification is required under the
provisions of Section 401 of the same law. A Department of the
Army permit will not be granted until the certification has been
obtained or waived.
In accordance with our administrative regulations, in most
cases, 60 days after receipt of a request for certification is a
reasonable time for State action. Therefore, if you have not
acted on the request, or asked for an extension of time, by
August 14, 1997, District Engineer will deem that waiver has
occurred.

If you have questions, please do not hesitate to contact
Mr. John Thomas, Raleigh Regulatory Field Office, telephone
[phone].
Sincerely,
), qkn-4-77 }
)'k^
f/61//S. Kenneth Jolly
Manager, Raleigh Regulatory
Field Office
Enclosure
Copies Furnished (without enclosure):
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
1
DAic-, RvS? P. 7-
-APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO. 0710-0003
(33 CFR 325) Expires 30 September 1992
Public reporting burden for this collection of information Is estimated to average b hours per response for the -majority of cases, including the time for reviewing Instructions,
searching existing data sources, gathering and montsining the data needed, and completing and reviewing the collection of Information. Applications for larger or more complex
projects, or those in ecologically sensitive areas, could take up to 500 hours. Send comments regarding this burden estimate or any other aspect of this collection of information,
including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Services, Directorate for Information Operations and Reports, 1215 Jefferson
Davis Highway, Suite 1204, Arlington, VA 22202-4302; and to the Office of Management and Budget, Paperwork Reduction Project (0710-0003), Washington, DC 20503. Please DO
NOT RETURN your completed form to either of these addresses. Send your completed form to: Department of Defense, U.S. Army Corps of Engineers, Attn: CECW-OR, 20 Mass.
Ave., N.W. Washington, DC 203141000.
The Department of the Army permit program is authorized by Section 10 of the Rivers and Harbors Act of 1899, Section 404 of the Clean Water Act and
Section 103 of the Marine, Protection, Research and Sanctuaries Act These laws require permits authorizing activities in or affecting navigable waters of the
United States, the discharge of dredged or fill material into waters of the United States, and the transportation of dredged material for the purpose of dumping it
into ocean waters. Information provided on this form will be used in evaluating the application for a permit. Information in this application is made a matter of
public record through issuance of a public notice. Disclosure of the information requested is voluntary; however, the data requested are necessary in order to
communicate with the applicant and to evaluate the permit application. If necessary information is not provided, the permit application cannot be processed nor
can a permit be issued.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application
(see sample drawings and instruclions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application
thaluis, pM rCfn leted in full will be returned.

1. APPLtCAT10 B%RW6 assigned by Corps) 3. NAME, A
S . AND TITLE OF AUTHOR12?.A?f?E(JT 1 VF7y`
/i?j'e 7
Telephouring business hours u •i if L) i;s??s ?
no.
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NAME AND AD E 1jP 1
f
IbANT ,
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4PP
. A/C ( (Residen ce)
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A N ? ?O N3 S
C'O?Y-L-?Zt oS E A/C ( ) (Office)
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P' U' lc) 1C r7 ?o Statement of A orization: I hereby designate and authorize
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C to act in my
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1
Telephone no. during business hours behalf as my agent in the processing of this permit application and to
furnish, upon request, supplemental information in support of the application.
A/C ( ) (Residence) SIGNA E OF APPLICANT DATE
A/C (uJ/O) 3?? - _??C? (Office) ?? 0
• 3 "• .3
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4. DETAILED DESCRIPTION OF PROPOSED ACTIVITY
4a. ACTIVITY
SA,3 5`'?1Nt?? \)l_.1L '?O?CCi7?^??J??
?A? ?,??? ?? s1vc??pt?i?o ?tir? ? ? w???,? ??To (.A
C., 12- t?J \lAUL E, o -VO A,A?n
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4b. PURPOSE
TD L1 w ce o ?ti? N? k' P",s7i::?A A (-:T ?e 0--D tlz ,? k ^J-
4c. DISCHARGE OF DREDGED OR FILL MATERIAL
St ?o-.J] l,? ???\??\Z l J(a2_?3?Fa ?2rr
M(?k
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tNU FUHM 4345, Jan 91 EDITION OF APIs 66 IS OBSOLETE. (Proponent: CECW-ON)

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5. NAMES AND WMESSES OF ADJOINING PROPERTY OWNERS, LESSEES. ETC., WHOSE PROPERTY ALSO ADJOINS THE WATERWAY ? V1
?..v_ Qj? 2L? 4 tom' oo-jv\LLC- Nc Z?o1 /
JEPF?c`l sM?1?l W?n ?oX 2?4 ?vOiJVllc? NC. Z??\(
C'n A -( SrY, Ra ?.c> ?Jo?f 24 A ' J3 oot4 ouu(--- gC- Z'1c)\ ?
l`J11\jNL`S FOATR? UF Nir 30°\s NC. ?4wy ?(,,g CLrj? NC
6. WATERBODY AND LOCATION ON WATERBODY WHERE ACTIVITY EXISTS OR IS PROPOSED
? D1??ttJ 4Z \ ? LQ.._ '- '?/a ? ?(. ? •J ee3v ..,
7.' LOCATION ON LAND WHERE ACTIVITY EXISTS OR IS PROPOSED
ADDRESS-
4 01 A0 L Y A t j V> 2_ v j_- J c]N eS V I L.I,t
STREET. ROAD. ROUTE OR OTHER DESCRIPTIVE LOCATION
y pY ?-j NCI 2T i.04Z
COUNTY STATE ZIP CODE
\Y4 01C t,J CAA,,,, y &-l L Ljoo o S - Cm ?vTY /y1A nh,4Q t=2.
LOCAL GOVERNING BODY WITH JURISDICTION OVERSTTE
8. Is any portion of the activity for which authorization is sought now complete? Q YES e
If answer is "yes" give reasons, month and year the activity was completed. Indicate the existing work on the drawings.
9. List all approvals or certifications and denials received from other federal, interstate, state or local agencies for any structures, construction, discharges or other
activities described in this application.
ISSUING AGENCY TYPE APPROVAL IDENTIFICATION NO. DATE OF APPLICATION DATE OF APPROVAL DATE OF DENIAL
JyvNC - P 2 epi i- - HAS 13G-?? SJ(?rn l (TG? 7v AE.jytiR f--a2 S.n,.,/? r>7 ?..?,C. 7-23 -
97
10. Application is hereby made for a permit or permits to authorize the activities described herein. I certify that 1 am familiar with the information contained in the
application, and that to the best of my knowledge and belief such information is true, complete, and accurate. I further certify that I possess the authority to
undertake the proposed activities or I am acting as the duly authorized agent of the applicant.
SIGNATURE OF APPLICANT 3 -97
DATE SIGNATURE OF AGENT DATE
The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly
authorized agent if the statement in block 3 has been filled out and signed. .
18 U.S.C. Section 1001 provides that Whoever, in any manner within the jurisdiction of any department or agency of The United States
knowingly and willfully falsifies, conceals, or covers up by any Vick, scheme, or device a material fact or makes any false, fictitious or fraudulent
statements or representations or makes or uses any false writing or document knowing same to contain any false fictitious or
fraudulent statement or entry. shall be fined not more than $10,000 or imprisoned not more than five years, or both.

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