HomeMy WebLinkAbout20220965 Ver 1_ePCN Application_20220715DWR
Division of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
Initial Review
Has this project met the requirements for acceptance in to the review process?*
Yes
No
Is this project a public transportation project?*
Yes • No
Change only if needed.
Pre -Filing Meeting Date Request was submitted on:
7/15/2022
BIMS # Assigned * Version#*
20220965 1
Is a payment required for this project?*
• No payment required
Fee received
Fee needed - send electronic notification
Select Project Reviewer*
Robert Tankard:eads\rbtankard
Information for Initial Review
Reviewing Office*
Washington Regional Office - (252) 946-6481
1a. Name of project:
COURTESY COPY Corolla Bay East
1a. Who is the Primary Contact?*
Brian Rubino
1 b. Primary Contact Email:* 1c. Primary Contact Phone:*
brubino@quible.com (252)491-8147
Date Submitted
7/15/2022
Nearest Body of Water
Currituck Sound
Basin
Pasquotank
Water Classification
SC
Site Coordinates
Latitude:
36.3565
A. Processing Information
Longitude:
-75.8242
County (or Counties) where the project is located:
Currituck
Is this a NCDMS Project
Yes • No
Is this project a public transportation project?*
Yes • No
1a. Type(s) of approval sought from the Corps:
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
Yes
No
1 b. What type(s) of permit(s) do you wish to seek authorization?
• Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
• Yes No
Nationwide Permit (NWP) Number: 39 - Commercial/Institutional Developments
Nationwide Permit (NWP) Number: 29 - Residential Developments
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
• 401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
1e. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
1f. Is this an after -the -fact permit application?*
Yes • No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
• Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
lh. Is the project located in any of NC's twenty coastal counties?
• Yes No
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
Yes • No
1j. Is the project located in a designated trout watershed?
Yes • No
B. Applicant Information
401 Water Quality Certification - Express
Riparian Buffer Authorization
Unknown
Yes No
Yes • No
Id. Who is applying for the permit?
• Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
• Yes No
2. Owner Information
2a. Name(s) on recorded deed:
CB Development, LLC
2b. Deed book and page no.:
DB 1585, PG 260
2c. Contact Person:
Sumit Gupta
2d. Address
Street Address
PO Box 90
Address Line 2
City
Kill Devil Hills
Postal / Zip Code
27948
State / Province / Region
NC
Country
USA
2e. Telephone Number: 2f. Fax Number:
(252)441-9003
2g. Email Address:*
sgupta@icrsaga.com
4. Agent/Consultant (if applicable)
4a. Name:
Brian Rubino
4b. Business Name:
Quible & Associates P.C.
4c. Address
Street Address
PO Box 870
Address Use 2
City State / Province / Region
Kitty Hawk NC
Postal / Zip Code Country
27949 USA
4d. Telephone Number: 4e. Fax Number:
(252)491-8147
4f. Email Address:*
brubino@quible.com
C. Project Information and Prior Project History
1. Project Information
1 b. Subdivision name:
(if appropriate)
Corolla Bay
1c. Nearest municipality / town:
Corolla
2. Project Identification
2a. Property Identification Number:
15E000OPEN0004/011500003XE0000/01150
0000040000
2c. Project Address
Street Address
0 Ocean Trail
Address Line 2
City
Corolla
Postal / Zip Code
27927
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
Currituck Sound
3b. Water Resources Classification of nearest receiving water: *
SC
2b. Property size:
13
State / Province / Region
NC
Country
USA
3c. What river basin(s) is your project located in?*
Pasquotank
3d. Please provide the 12-digit HUC in which the project is located.
030102051305
4. Project Description and History
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
The site currently is an undeveloped wooded parcel consisting of uplands and wetlands. Adjacent parcels consist of residential lots, commercial developments, and undeveloped uplands
and wetlands.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
Yes • No Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
0.44
4g. List the total estimated linear feet of all existing streams on the property:
0
4h. Explain the purpose of the proposed project:*
The proposed development will be a mixed use of commercial and residential units as part of the Corolla Bay subdivision. Wetland fill is required to accommodate the the proposed
development. The wetland pockets reveived an AJD (attached) that recongized them as non -jurisdictional, however, it is understood that there has been a rule change.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The proposed project will include the development of an undeveloped parcel of land consisting of uplands and wetlands. The development includes a mix of commercial structures and
residential buildings with associated parking and drive aisles. A large stormwater basin is proposed to account for the density. The development is part of the Corolla Shores PUD which
utilizes large designated open space areas to account for density and coverage, as well as a wastewater treatment facility that services the entire development. Dump trucks and skid
steers will be used to fill wetland area.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
• Yes
Comments:
No Unknown
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
Preliminary • Approved Not Verified Unknown N/A
Corps AID Number:
SAW-2020-02132
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
SAW-2020-02132,04/28/2021
A permit is needed due to a rule change.
6. Future Project Plans
6a. Is this a phased project?*
Yes • No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
Wetlands
Open Waters
2. Wetland Impacts
Streams -tributaries
Pond Construction
Buffers
2a. Site #* (7)
2a1 Reason (?)
2b. Impact type* (7)
2c. Type of W.*
2d. W. name
2e. Forested*
2f. Type of Jurisdicition*
(7)
2g. Impact
area*
1
Nat 39 - Commercial
Development
P
Small -Basin Wetland
Wetland
Yes
Corps
0.230
(acres)
2
Nat 29 - Residential
Development
P
Small -Basin Wetland
Wetland
Yes
Corps
0.210
(acres)
2g. Total Temporary Wetland Impact
2g. Total Permanent Wetland Impact
0.000 0.440
2g. Total Wetland Impact
0.440
2i. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
No runoff will be directed off -site. The wetland areas are pockets and proper silt fence and stabilization will be included. This will not affect any off -site
wetlands or uplands.
lb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Silt fencing, temporary stabilization of fill through seeding, fill of wetland pockets will match adjacent topography
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
Yes No
2c. If yes, mitigation is required by (check all that apply):
DWR Corps
2d. If yes, which mitigation option(s) will be used for this project?
Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
Great Dismal Swamp Restoration Bank
3b. Credits Purchased/Requested (attach receipt and letter)
Type: Quantity:
Non -riparian wetland 0.88
3c. Comments
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes No
If no, explain why:
No riparian buffers within the Pasquotank River Basin
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
Yes No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes No
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program?
Yes No
N/A - project disturbs < 1 acre
2d. Which of the following stormwater management program(s) apply:
Local Government State
State Stormwater Programs
Phase II Coastal Counties
HWQ or ORW Other
Comments:
Coverages proposed are within the available allocation designated within Monteray Shores P.U.D.
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? *
Yes No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)?*
Yes No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
Yes No
3b. If you answered "no," provide a short narrative description.
The subject wetlands have no surface connection to other wetlands in this area.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
Yes No N/A
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
Yes No
5d. Is another Federal agency involved?*
Yes
5e. Is this a DOT project located within Division's 1-8?
Yes No
No Unknown
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
NC Natural Heritage Program
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
Yes No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? *
No surface waters will be impacted.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
National Register of Historic Places
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
Yes No
8c. What source(s) did you use to make the floodplain determination?*
FEMA Flood Maps
Miscellaneous
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when
possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button or drag and drop files here to attach document
MOSSEY ISLANDS.pdf
NRCS_Soil_Map.pdf
20210428_SAW-2020-02132_CB Developmet LLC AJD.pdf
P99006-CB EAST-NAT29-39-071222.pdf
Letter of Credit Availability - Quible - 0 Ocean Trail -NC HWY 12 N Corolla 07072022.pdf
Please_Docu Sig n_C B_La nd_Development_LLCQu ib. pdf
File must be PDF or KMZ
Comments
1.41 MB
902.6KB
1.05MB
686.02KB
330.25KB
173.76KB
Signature U
RI By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
I intend to electronically sign and submit the PCN form.
Full Name:
Brian Rubino
Signature
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Name: MOSSEY ISLANDS Location: 036° 21' 17.93" N 075° 49' 35.00" W
Date: 07/07/22
Scale: 1 inch = 2,000 ft.
Copyright (C) 2009 MyTopo
Datum: NAD27
Soil Map—Currituck County, North Carolina
36° 21' 33" N
36° 21' 13" N
425890
Map Scale: 1:2,960 if printed on A portrait (8.5" x 11") sheet.
0
40 ao
160
Meters
240
Feet
0 100 200 400 600
Map projection: Web Mercator Comer o ordinates: WGS84 Edge tics: UTM Zone 18N WGS84
36° 21' 13" N
uson Natural Resources Web Soil Survey
National Cooperative Soil Survey
woo Conservation Service
7/13/2022
Page 1 of 3
Soil Map—Currituck County, North Carolina
MAP LEGEND
Area of Interest (AOI)
n Area of Interest (AOI)
Soils
El Soil Map Unit Polygons
Soil Map Unit Lines
▪ Soil Map Unit Points
Special Point Features
Blowout
031 Borrow Pit
Clay Spot
Closed Depression
• Gravel Pit
Gravelly Spot
▪ Landfill
A. Lava Flow
jda Marsh or swamp
• Mine or Quarry
CO Miscellaneous Water
• Perennial Water
• Rock Outcrop
• Saline Spot
Sandy Spot
Severely Eroded Spot
• Sinkhole
Slide or Slip
o Sodic Spot
Spoil Area
Stony Spot
el Very Stony Spot
Wet Spot
▪ Other
Special Line Features
Water Features
Streams and Canals
Transportation
Rails
Interstate Highways
US Routes
Major Roads
Local Roads
Background
rika Aerial Photography
MAP INFORMATION
The soil surveys that comprise your AOI were mapped at
1:20,000.
Warning: Soil Map may not be valid at this scale.
Enlargement of maps beyond the scale of mapping can cause
misunderstanding of the detail of mapping and accuracy of soil
line placement. The maps do not show the small areas of
contrasting soils that could have been shown at a more detailed
scale.
Please rely on the bar scale on each map sheet for map
measurements.
Source of Map: Natural Resources Conservation Service
Web Soil Survey URL:
Coordinate System: Web Mercator (EPSG:3857)
Maps from the Web Soil Survey are based on the Web Mercator
projection, which preserves direction and shape but distorts
distance and area. A projection that preserves area, such as the
Albers equal-area conic projection, should be used if more
accurate calculations of distance or area are required.
This product is generated from the USDA-NRCS certified data as
of the version date(s) listed below.
Soil Survey Area: Currituck County, North Carolina
Survey Area Data: Version 21, Jan 21, 2022
Soil map units are labeled (as space allows) for map scales
1:50,000 or larger.
Date(s) aerial images were photographed: Dec 31, 2009—Oct
19, 2017
The orthophoto or other base map on which the soil lines were
compiled and digitized probably differs from the background
imagery displayed on these maps. As a result, some minor
shifting of map unit boundaries may be evident.
uson Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
7/13/2022
Page 2 of 3
Soil Map—Currituck County, North Carolina
Map Unit Legend
Map Unit Symbol
Map Unit Name
Acres in AOI
Percent of AOI
CoB
Corolla fine sand, 0 to 6
percent slopes
3.5
8.1%
CrB
Corolla-Duckston complex, 0
to 6 percent slopes
11.0
25.5%
Dt
Duckston fine sand
10.2
23.6%
Du
Dune land
2.7
6.1%
NeC
Newhan fine sand, 0 to 10
percent slopes
6.6
15.3%
NhC
Newhan-Corolla complex, 0 to
10 percent slopes
8.2
19.0%
OuB
Ousley fine sand, 0 to 6
percent slopes
1.0
2.4%
Totals for Area of Interest
43.2
100.0%
USDA Natural Resources Web Soil Survey
Conservation Service National Cooperative Soil Survey
7/13/2022
Page 3 of 3
Requestor:
Address:
Telephone Number:
E-mail:
Size (acres)
Nearest Waterway
USGS HUC
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2020-02132 County: Currituck U.S.G.S. Quad: NC- Mossey Islands
NOTIFICATION OF JURISDICTIONAL DETERMINATION
CB Development, LLC
Mr. Bob Howsare
Post Office Box 90
Kill Devil Hills, North Carolina 27948
(252) 305-2696
bhowsare(a icrsaga.com
8.8 Nearest Town Corolla
Great Beach Pond River Basin Albemarle-Chowan
03010205 Coordinates Latitude: 36.3565
Longitude: -75.8242
Location description: The review area for the Jurisdictional Determination is located on the eastside of Ocean Trail Highway,
approximately 0.05 miles northeast of intersection of Devils Bay and Ocean Trail Highway in Corolla, North Carolina. The
properties area known as Currituck County Parcel Number(s) 011500003XE0000 and115E0000PEN0004. The site contains
0.43 acres of wetlands.
Indicate Which of the Following Apply:
A. Preliminary Determination
❑ There appear to be waters on the above described project area/property, that may be subject to Section 404 of the Clean Water
Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters have been
delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries
of these waters are shown on the enclosed delineation map dated DATE. Therefore this preliminary jurisdiction determination
may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of
impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a
preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they
are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program
Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable
action, by contacting the Corps district for further instruction.
❑ There appear to be waters on the above described project area/property, that may be subject to Section 404 of the Clean Water
Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters
have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process.
Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA
jurisdiction over all of the waters at the project area, which is not sufficiently accurate and reliable to support an enforceable
permit decision. We recommend that you have the waters on your project area/property delineated. As the Corps may not be able
to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can
be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit
requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act
(CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for
a period not to exceed five years from the date of this notification.
❑ There are waterson the above described project area/property subject to the permit requirements of Section 404 of the Clean
Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be
relied upon for a period not to exceed five years from the date of this notification.
❑ We recommend you have the waters on your project area/property delineated. As the Corps may not be able to accomplish
this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by
the Corps.
SAW-2020-02132
❑ The waters on your project area/property have been delineated and the delineation has been verified by the Corps. The
approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly suggest you have
this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey
will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in
the law or our published regulations, may be relied upon for a period not to exceed five years.
❑ The waters have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official
identified below onDATE. Unless there is a change in the law or our published regulations, this determination may be relied
upon for a period not to exceed five years from the date of this notification.
❑X There are no waters of the U.S., to include wetlands, present on the above described project area/property which are
subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the
law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date
of this notification.
▪ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA).
You should contact the Division of Coastal Management in in Elizabeth City, NC, at (252) 264-3901 to determine their
requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact Anthony Scarbraugh at (910) 251-4629 or
anthony.d.scarb raugh(a,usace. army.mil.
C. Basis For Determination: Basis For Determination: The wetlands within the properties are
considered excluded (b)(1) waters that does not fall under the jurisdiction of the U.S. Army Corps of
Engineers.
D. Remarks: The non -jurisdictional wetlands within the properties are depicted on the attached plat
entitled Northeastern North Carolina Properties, LLC & Northeastern North Carolina Properties
Corolla Soundside, LLC Non -Jurisdictional Wetland Verification Map dated 04/05/05. This
determination does not relieve the property owner/applicant of the responsibility to obtain any other
required Federal, State or local approvals/permits.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B.
above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you
must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Philip Shannin, Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
AND
PHILIP.A.SHANNIN@USAC E.ARMY.MIL
SAW-2020-02132
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by 06/27/2021.
**It is not necessary to submit an RFA form to the iv.sion Office if you do not object to the determination in this correspondence.**
Corps Regulatory Official:
Date of JD: 04/28/2021 Expiration Date of JD: 04/27/2026
SAW-2020-02132
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at
http://corpsmapu.usace.army.mil/cmapex/f?p=136:4:0
Copy furnished:
Agent: Atlantic Environmental Consultants, LLC
Mr. Doug Dorman
Address: Post Office Box 3266
Kitty Hawk, North Carolina 27949
Telephone Number: (252) 261-7707
E-mail: dou2daec(a,2mail.com
i
_Vl ,SUS C S
N.T.S.
BOUNDARY REFERENCES
PC. I, SL. 33
PC. J, SL. 198
PC. J, SL. 126
PC. L, SL. 173
NOTES:
1) OWNERS: NORTHEASTERN NORTH CAROLINA PROPERTIES, LLC
6001 HARBOUR VIEW BOULEVARD
SUFFOLK, VA 23435
(252) 453-3600
2) WETLAND AREA UPDATE POST FILL MITIGATION:
EAST SIDE NC12: 18,847.67 SF = 0.43 AC
3) SOURCE DEED AS RECORDED IN D.B. 365, PG. 374, C.C.R
BOUNDARY CURVE TABLE
CURVE
LENGTH
RADIUS
CHORD
CHD BEARING
C1
478.40'
715.01'
469.53'
N28°55'12"W
C2
832.61'
950.00'
798.80'
N23°13'36"W
C3
8.18'
950.00'
8.18'
N01°49'25"E
C4
322.50'
1150.00'
321.44'
N05°54'22"W
C5
20.23'
1250.00'
20.23'
N13°28'14"W
C6
173.17'
1250.00'
173.03'
N08°33'59"W
C7
146.70'
1250.00'
146.61'
N01°13'59"W
C8
350.54'
1250.00'
349.39'
N05°54'22"W
C9
727.02'
850.00'
705.06'
N22°22'32"W
12.50'
S13°56'24'E
0
35.00'
60.00'
LEGEND:
D
Q EIR - EXISTING IRON ROD
® EIP - EXISTING IRON L PIPE
A EMAG EX. MAG
O ECM - EX. CONCRETE MONUMENT
O CALC - CALCULATED POINT
EX. 15' VEPCO EASEMENT
(D.B. 261 PG. 753)
12.50'
r.- 195.67'
CONTROL
CORNER #2
N /F
WANDA JOHNSON
LOT 61, SECTION 6,
WHALEHEAD CLUB
ZONED: R02
x
N76°03'41 "E /
X �
I N/F
DENNIS UMBERGER
LOT 62, SECTION 6,
WHALEHEAD CLUB
ZONED: R02
EX. 15' VEPCO EASEMENT
(D.B. 261 PG. 753)
147
C 12)
WETLAND LINE TABLE EAST SIDE NC12
LINE
LENGTH
BEARING
LINE
LENGTH
BEARING
L526
48.65'
N87°52'21"W
L558
8.14'
N57°52'00"W
L527
37.52'
N04°58'31"W
L559
18.04'
N49'18'34"E
L528
32.82'
N01°10'24"E
L560
14.08'
N13°56'28"W
L529
42.69'
N46'29'45"E
L561
1.32'
S55°55'09"W
L530
29.99'
S71'44'27"E
L562
7.07'
N42°23'15"W
L531
39.40'
S2214'28"E
L563
4.95'
N54°40'46"E
L532
36.18'
S26'30'59"E
L564
87.73'
N13'56'28"W
L533
137.61'
S13'50'55"E
L565
3.43'
N39°39'44"W
L534
20.87'
N87'57'50"W
L566
8.92'
S80°42'20"W
L535
15.60'
N40°18'22"W
L567
11.16'
N12'51'01"W
L536
31.45'
N84'54'35"W
L568
10.00'
N76°02'52"E
L537
13.54'
S24°52'17"W
L569
19.01'
S13°56'28"E
L538
8.30'
S87°02'21 "W
L570
10.24'
S69'12'58"W
L539
107.83'
NO2'07'44"E
L571
31.17'
N13'56'08'W
L540
14.65'
S12°04'18"W
L572
72.11'
N13'56'24"W
L541
17.66'
S63'42'36"E
L573
16.56'
N23°11'49"E
L542
19.50'
S06'32'37"E
L574
38.19'
S13°56'24"E
L543
7.87'
S25'07'56"W
L575
26.52'
S02'44'06"W
L544
17.58'
N69°36'18"W
L576
7.70'
S89°39'47"E
L545
21.94'
NO3'26'33"W
L577
19.10'
S13°56'24"E
L546
13.70'
N21'28'33"W
L578
9.87'
S71°52'30"W
L547
17.73'
N21°42'51"E
L579
46.39'
N13°56'24"W
L548
9.75'
S28'05'27"E
L580
28.01'
N56'59'34"W
L549
26.07'
S70'05'42"E
L581
24.01'
N5757'10"E
L550
8.33'
S75'59'50"E
L582
24.20'
S57°11'36"E
L551
12.03'
N38'39'49"E
L583
19.82'
S21°26'24"E
L552
12.35'
N13°15'22"E
L584
5.90'
S79°26'19"W
L553
9.86'
N13'56'24"W
L585
18.62'
582°54'10"W
L554
5.10'
N74'48'53"W
L586
28.03'
N00°33'46"E
L555
13.17'
S76'03'36"W
L587
18.57'
S70°32'44"W
L556
38.00'
N13'56'28"W
L588
10.35'
522°21'04"W
L557
11.64'
S50'07'07"W
L589
10.24'
N14°07'50"W
765.29'
N /F
DEL B DAUSMAN
OT 63, SECTION 6,
WHALEHEAD CLUB
ZONED: R02
N /F
DENNIS R &
JULIE A GOUVEIA
LOT 64, SECTION 6,
WHALEHEAD CLUB
COROLLA DRIVE - 60' RW
N/F
CURRITUCK COUNTY
438,844 sq. ft.
10.07 acres
(D.3. 716, PC. 76)
(P.C. "H', SL. 221)
N /F
GEORGE MEARS
LOT 65, SECTION 6,
WHALEHEAD CLUB
t
to
15' WATERLINE EASEMENT
5
L539
WETLANDS .
13, 278, 74 s: f..
L533
NON -JURISDICTIONAL
WETLANDS
N /F
EQUITY TRUST
COMPANY
LOT 66, SECTION 6,
WHALEHEAD CLUB
8
537
/
/
/
/
/
/
, 7)
200 W
N
O)
Cn cd
Cr) I
15' ACCESS EASEMENT
FOR COROLLA BAY
OWNERS
N01 °17,5j„W 747
C7
LOT 4
LANDS OF
NORTHEASTERN NORTH
CAROLINA PROPERTIES LLC
D.B. 1266, PG 722
FORMALLY
COROLLA COMMERCIAL L.L.C.
P.C. "I", SL. 35
N /F
JOHN GARDFALO
LOT 67, SECTION 6,
WHALEHEAD CLUB
N
0
0
N /F
JEFFREY UNICK
LOT 68, SECTION 6,
WHALEHEAD CLUB
O
'(T7E)
_• L5
l� L L553 a
.th
J<Ss2 V
L545 t546 ,
<`S40 L548
WETLANDS
699.23 s.f.
/F
HARRI •N PORTER
LOT 69, SECTION 6,
WHALEHEAD CLUB
N/F
"FOOD LION LLC"
PO 30X 1330
SALIS3UY, NC 28145
(COOLLA SHOES)
PHASE V
P.C. C, SL 356
(COIVIVECIAL NOT
TO EXCEED 5.40 AC)
PIN 0115-000-003S-0000
C4
C8
L564
MAGNIFIED DETAIL
1"=50'
5„
S13°56'24"E
N13°56'24"W
NON -JURISDICTIONAL
WETLANDS
L567
(TIE)
C5
U
11V7.
WETLANDS(„)
4,200.01 s.f. 'A-
N /F
VICTOR LOPRETO
LOT 70, SECTION 6,
WHALEHEAD CLUB
SIGN149.69
N76°03'42"E
149.65'
L572 � L579
cn(TIE)
a) J L577 L5�5 L571
co � J
WWTP
SITE
52,525 SF - 1.21 AC
N76°03'36"E
315 23(7--
/E)
WETLANDS
669.69 s.f.
149.53'
N /F
JOSEPH ELWELL
LOT 71, SECTION 6,
WHALEHEAD CLUB
ZONED: R02
co
L583 Z
co
\ A\,
o
S13°56'24"E
N/F
COROLLA L
PAS 5
P.C. D, SL L
X
100.00'(TIE)
L58.9
O
O
O
N
03,
149.53'
S13°56'24"E
N /F
BORISBI HADSHI
LOT 72, SECTION 6,
WHALEHEAD CLUB
ZONED: R02
0
D.U.D.
9-51
N /F
VIRGINIA ELECTRIC &
POWER CO.
N /F
COROLLA LIGHT P.U.D.
LOT 2 - PHASE 13
P.C. M, SL 114
ZONED: R02
60 0
30
GRAPHIC SCALE
60
120
240
i
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11111
cf)
0
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SURVEYING,
ENGINEERING
LuZL,cs
0i,zzo
REVISIONS
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w
F
w
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w
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LLJ
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REVIEW & SIGNED
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LO
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24
NORTH CAROLINA
CURI'ITUCK COUNTY
I' O PLA I' BRANCH T WSP
DATE:
04/05/05
SCALE:
1'= 60'
CHECKED:
CFG
DRAWN:
CLE/MMH
PROJECT NO
P4.32
( IN FEET )
1 inch = 60 ft.
CAD FILE:
P4,32- WVP
SHEET:
1 OF
1
J
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
i i
Applicant: CB Develoument, LLC, Mr. Bob Howsare 1 File Number: SAW-2020-02132 Date: 04/28/2021
Attached is:
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
PERMIT DENIAL
C
APPROVED JURISDICTIONAL DETERMINATION
D
x
SECTION
Additional
or the
PRELIMINARY JURISDICTIONAL DETERMINATION
I - The following identifies your rights and options regarding an administrative appeal
information may be found at or http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx
E
of the above decision.
Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for fmal
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers
completing Section II of this form and sending the form to the division engineer. This form
engineer within 60 days of the date of this notice.
Administrative Appeal Process by
must be received by the division
D: APPROVED
information.
•
•
JURISDICTIONAL DETERMINATION: You may accept or appeal the
ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify
date of this notice, means that you accept the approved JD in its entirety, and waive all
APPEAL: If you disagree with the approved JD, you may appeal the approved JD under
Administrative Appeal Process by completing Section II of this form and sending the form
approved JD or provide new
the Corps within 60 days of the
rights to appeal the approved JD.
the Corps of Engineers
to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION:
preliminary JD. The Preliminary JD is not appealable. If you
You do not need to respond to the Corps regarding the
wish, you may request an approved JD (which may be appealed),
you may provide new information for further consideration by the
by contacting the Corps district for further instruction. Also
Corps to reevaluate the JD.
MI II - REQUEST FOR APPEAL or OBJECTIONS
TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a
record of the appeal conference or meeting, and any supplemental
clarify the administrative record. Neither the appellant nor the
review of the administrative record,
the Corps memorandum for the
officer has determined is needed to
or analyses to the record.
is already in the administrative
information that the review
Corps may add new information
the location of information that
However, you may provide additional information to clarify
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
appeal process you may contact:
District Engineer, Wilmington Regulatory Division
Attn: Anthony Scarbraugh
Washington Regulatory Office
U.S Army Corps of Engineers
2407 West Fifth Street
Washington, North Carolina 27889
If you only have questions regarding
also contact:
Mr. Philip Shannin, Administrative
the appeal process you may
Appeal Review Officer
South Atlantic Division
CESAD-PDO
U.S. Army Corps of Engineers,
60 Forsyth Street, Room 10M15
Atlanta, Georgia 30303-8801
PHILIP.A.SHANNIN@USACE.ARMY.MIL
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel,
consultants, to conduct investigations of the project site during the course of the appeal process.
notice of any site investigation, and will have the opportunity to participate in all site investi
and any government
You will be provided a 15-day
ations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Anthony Scarbraugh, 69 Darlington Avenue, Wilmington, North
Carolina 28403
For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Philip Shannin, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: (404) 562-5137, PHILIP.A.SHANNIN@USACE.ARMY.MIL
Q:A1999\p99006\Drawings\2020\P99006—CB EAST—NAT39 PLAN.dwg 7\12\2022 2:01 PM Tmurphy
NOTES:
1. OWNER/APPLICANT:
CB DEVELOPMENT, LLC
PO BOX 90
KILL DEVIL HILLS, NC 27948
2. PIN: 9936-44-9230/9936-53-0625/9936-53-0153
3. PID: 11 5E0000PEN 0004/011 500003XE0000/011 500000040000
4. PROPERTY ADDRESS: 0 OCEAN TRAIL
5. TOTAL LOT AREA (THREE PARCELS) = +/-566,280 SF / 13.0 AC.
6. SUBJECT REFERENCES: DB 1585, PG 260, 264; PC J, SL 19,. PC L, SL 177
7. BOUNDARY INFORMATION SHOWN BASED ON PC J, SL 198 AND PC L, SL 177
8. WETLAND LINES SHOWN AS PER MAP BY COASTAL ENGINEERING & SURVEYING, DATED 04/05/05,
AND USACE JURISDICTIONAL DETERMINATION SAW-2020-02132.
9. TOTAL PROPOSED WETLAND FILL: 18,991 SF (0.44 ac.)
(
HERRIN& STREET
HERRING STREET
48888,
PROPOSED
STORMWATER
BASIN
i
l
11)
'641,
\V
N/F
LOT bl SECT. b
HHALEHEAD CLUB
PC 3, SL 69
i
LOT 62 SECT. 6
WHALEHEAD CLUB
PC 3, SL 69
oc,4
PROPOSED
COMMERICAL & RESIDENTIAL
DEVELOPMENT CONCEPT
LOT 63 SECT. b
HHALEHEAD CLUB
PC3,5L69
L I_ I
LEGEN
I
rvi PROPOSED NATIONWIDE 39 FILL (9,866 SF)
PROPOSED NATIONWIDE 29 FILL (9,125 SF)
N/F
COROLLA BAY OPEN SPACE
PCH,SL22/
PROPOSED
COMMERICAL & RESIDENTIAL
DEVELOPMENT CONCEPT
N/F
LOT 64 SECT. b
HHALEHEAD CLUB
PCA,Si_ 69
LOT 655EGT.6
HHALEHEAD CLUB
P.G. 3, L. 69
_
PROPOSED
NATIONWIDE 39
WETLAND FILL
4,849 S\�
NOTE: THIS DOCUMENT IS PRELIMINARY — NOT FOR CONSTRUCTION,
RECORDATION, SALES OR CONVEYANCES — THIS DOCUMENT IS FOR
DISCUSSION PURPOSES ONLY! EXISTING INFORMATION SHOWN ON THIS
DOCUMENT IS BASED ON BEST AVAILABLE DATA AND IS NOT A CERTIFIED SURVEY.
ALL INFORMATION SHOWN ON THIS DOCUMENT IS SUBJECT TO ANY REQUIREMENTS
BY ANY REGULATORY AGENCY, ENTITY OR AUTHORITY.
QUIBLE & ASSOCIATES, P.C. DOES NOT GUARANTEE THE ACCURACY OR THE
COMPLETENESS OF ANY INFORMATION IN THIS DOCUMENT AND IS NOT RESPONSIBLE
FOR ANY ERROR OR OMISSION OR ANY LOSSES OR DAMAGES RESULTING FROM THE
USE OF THIS INFORMATION.
Imaaaftesoine
PROPOSED
NATIONWIDE 29
WETLAND FILL
8,425 SF
PROPOSED
NATIONWIDE 29
WETLAND FILL
700 SF
PROPOSED
NATIONWIDE 39
WETLAND FILL
3,469 SF
N/F
COROLLA SHORES, PHASE 5
DB 563, PG 732
PROPOSED
NATIONWIDE 39_
WETLAND FILL
204 SF
I FTT III l
WETLAND LINE
PER SAW-2020-02I32
PROPOSED
COMMERICAL & RESIDENTIAL
DEVELOPMENT CONCEPT
N
-T1 I T
LOT 66 SECT. 6
HHALEHEAD CLUB
PC3,5L69
COROLLA DRIVE
LOT 67 SECT. 6
HHALEHEAD CLUB
PC3,5L69
LOT 68 SECT, b
HHALEHEAD CLUB
PG3,SLb9
LOT 69 SECT. 6
WHALEHEAD CLUB
PC 3, SL 69
LOT 70 SECT. 6
J'VHALEHEAD CLUB
PC3,SL69
_L
PROPOSED
NATIONWIDE 39
WETLAND FILL
677 SF
CRUZ BAY LN
CURRITUGK
SouND
CRUZ BAY CT
ATLANTIC
OCEAN
en
miNT;
•
•
VICINITY MAP
Mom!
PROPOSED
NATIONWIDE 39_
WETLAND FILL
667 SF
L-'I II I I I
N/F
LOT 7/ SECT. 6
WHALEHEAD CLUB
PC3,Si_ 69
LOT 72 SECT, b
HHALEHEAD CLUB
PC3,SL69
i
i
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i
i
N/F
COROLLA LIGHT PUD
DB 253, PG 858
N/F
LOT 2PHASE /3
COROLLA LIGHT PUD
PGM,SL114
8ARRAGI DA STREET
GRAPHIC SCALE
80' 0 40' 80'
160'
( IN FEET )
1 inch = 80' ft.
NC License#: C-0208
SINCE 1959
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PROJECT NO.
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DRAWN BY
ATM
CHECKED BY
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SCALE
1"=80'
ISSUE DATE
07/12/22
The Great Dismal Swamp RestorationBank, £CC
P. O. Box 6186 Phone (757) 487-3441
Chesapeake, VA 23323 Fax (757) 487-8680
July 7, 2022
Troy Murphy
Quible &Associates, P.C.
PO Drawer 870
Kitty Hawk, NC 27949
RE: 0 Ocean Trail (NC HWY 12 N)
Corolla, NC 27927
Dear Mr. Murphy:
The following price quote is given in reply to your request for the purchase of 0.88 Non-Riparian
wetland mitigation credits (HUC Code 03010205) from The Great Dismal Swamp RestorationBank
Timberlake Farm.These credits are currently available from our Timberlake mitigation bank.
The cost will be Thirty-Five Thousand, Two Hundred Dollars ($ 35,200.00). This quote will expire on
September 30, 2022. You will need to submit to the USCOE the necessary application for said
mitigation, and receive USCOE permission to furnish said required credits from our Timberlake bank.
To complete this transaction, we will require payment in full. Once payment is received, the credit sale
will be reported to the US Army Corps of Engineers. Please provide and/or confirm the following
information:
Corps Project#: Pending
Waterway: Non Riparian
Permittee Name: CB Development, LLC
Locality of Impact: Corolla, NC
Permit action (i.e., IP, NWP-39, enforcement, etc.)
Impacts (acres/linear feet): (2:1) 0.44/0.88
Impacts Hydrologic Unit Code: 03010205
Mitigation Bank, Permittee, and Consultant agree not to discuss with any other party the details and/or
pricing of this agreement, unless necessary for regulatory matters. Information contained herein shall be
held in the strictest confidence.
Thank you for allowing us to quote this project. We look forward to working with you.
Sincerely,
Beverly M. hite
Manager— ccounting/Sales
GDSRB
DocuSign Envelope ID: 7A9378A5-77FF-43B2-B131-5617E8EF39E3
RE: CB Land Development, LLC
Corolla, Currituck County, NC
As owner, I authorize Quible & Associates, P.C. (Quible) to apply for and receive a Nationwide
#39 Permit through the US Army Corps of Engineers (USACE) and a 401 Water Quality
Certification through NCDWR if necessary. And, I authorize USACE and NCDWR to access the
above referenced property as necessary for the same purpose.
DocuSigned by:
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Authorized Signature
Name: Sumit Gupta
6/29/2022
Date: