HomeMy WebLinkAbout20070228 Ver 2_More Info Received_20090623-40
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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the
Corps: Section 404 Permit ? Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number:
1 c. Has the NWP or GP number been verified by the Corps? Yes ? No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
0 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express 0 Riparian Buffer Authorization
1e. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
? Yes No For the record only for Corps Permit:
? Yes No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program. ? Yes No
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ? Yes No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes No
2. Project Information
2a. Name of project: Middlesex Corporate Center Infrastructure Project
2b. County: Nash
2c. Nearest municipality / town: Middlesex
2d. Subdivision name: Middlesex Corporate Center
2e. NCDOT only, T.I.P. or state
project no:
3. Owner Information
3a. Name(s) on Recorded Deed: Nash County
3b. Deed Book and Page No. 2402/997, 2406/791, 2236/222, 2236/219, 2402/307, 2409/881, 2366/358, 2381/968
3c. Responsible Party (for LLC if
applicable): Nash County
3d. Street address: 120 West Washington Street
3e. City, state, zip: Nashville, NC 27856 p
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3f. Telephone no.: 252.459.9800
3g. Fax no.: 252.459.1381 JUN ? ?LQ0g
3h. Email address: Rosemary.Dorsey@nashcountync.gov WATER
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WETLANDS AND STORMWATER SWCN
Page 1 of 12
PCN Form - Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent ? Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name: Paul Smith, PE
5b. Business name
(if applicable): Stocks Engineering PA
5c. Street address: 3344 Hillsborough Street
5d. City, state, zip: Raleigh, NC 27607
5e. Telephone no.: 919.821.2440
5f. Fax no.: 919.821.2210
5g. Email address: psmith@stocksengineering.com
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B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): See Attached
1 b. Site coordinates (in decimal degrees): Latitude: 35.7925Longitude: - 78.192778
(DD.DDDDDD) (-DD.DDDDDD)
1c. Property size: 198.78 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
proposed project: Turkey Creek (+/- 0.6 miles away)
2b. Water Quality Classification of nearest receiving water: QNSW
2c. River basin: Neuse
3. Project Description
3a. 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 is currently undeveloped fields and wooded areas comprised primarily of successional areas resulting from past
timber cutting along with mixed pine/hardwood forest. The land use surrounding the site consists of sparse residential
and agriculture.
3b. List the total estimated acreage of all existing wetlands on the property:
The property boundary consists of one large parcel and the ROW of the proposed road. A wetland delineation has been
completed for the portion of the land occurring within the proposed ROW only and the approximate wetland locations are
shown on the wetland map following this permit. However there are an estimated 2 acres of wetlands within the property
boundaries.
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
The property boundary consists of one large parcel and the ROW of the proposed road. Two unnamed streams traverse
through the property for an estimated length of 2,500'- 3,000'.
3d. Explain the purpose of the proposed project:
The purpose of this project is to construct Phase I which will be an adequate paved entrance on both ends of the
alignment with a 10' wide gravel sales road traversing throughout the property within the proposed ROW. This will allow
the owner to properly market the interior commercial properties. Phase II will provide an adequate entrance road that will
provide safe and efficient access to the usable land within the parcel. The final roadway will be constructed as the lots
develop. No additional wetland, stream or buffer impacts are anticipated to occur after construction of the entrance road
.
However, if further wetlands or streams are impacted during the development of the subdivision, an Individual
404/401 Permit will be required prior to impacting any jurisdictional wetlands or streams. Additional riparian buffer
impacts, if deemed necessary, may be authorized through "normal" riparian buffer permitting protocol. Obtaining the
potential Individual Permits will be the responsibility of the end user acquiring said parcel.
3e. Describe the overall project in detail, including the type of equipment to be used:
This project is to construct the proposed road that will potentially serve the Middlesex Corporate Park. The footprints of
these facilities are not currently known but are not expected to impact any jurisdictional features. The jurisdictional
impacts associated with this project are the result of constructing an adequate entrance road to access the usable land on
the site. Typical construction equipment will be utilized through the construction of this
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Page 3 of 12
PCN Form - Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
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4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property
/
project (including all prior phases) in the past? Yes ? No ? Unknown
Comments: Delineation and USACE review conducted for
portion of property within proposed ROW only.
4b. If the Corps made the jurisdictional determination, what type . preliminary ? Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Environmental Services,
Name (if known): Jeff Harbour and Gail Tyner of ESI Inc. (ESI)
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
DWQ onsite determination on February 20, 2007. Thomas Brown with USACE conducted the site visit in February 2007
and reviewed the delineated features occurring within the proposed ROW. Additional property near Highway 231 was
also reviewed by Thomas Brown during a separate site visit on November 15, 2007.
5. Project History
5a. Have permits or certifications been requested or obtained for ? Yes No ? Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project? Eyes ? No
6b. If yes, explain.
USACE and DWQ may choose to consider this a partially phased project with respect to future needs on the property for
stormwater management pursuant to Section 401 requirements. This current application addresses the need and
impacts resulting from the proposed Phase I. The site will ultimately be developed as a commercial tract. It is intended
for each commercial site to address all necessary stormwater needs on the individual lots as they develop. However,
until final design plans for these separate facilities are available, the details of the BMPs for stormwater management
cannot be adequately discussed and any submitted information regarding this would be speculative at this time. The
applicant is proposing that any lot that is greater than 24% impervious, develop stormwater management plans and
submit for review. These current end users have not yet been identified and the development of the remaining parcels
may not occur until the economy turns and the properties can be marketed with reasonable expectations. It is reasonable
to anticipate a development of this nature could take 15 years to complete. All Section 404 requirements will have been
satisfied through this current application. It is not anticipated that any further Section 404 approvals for wetlands or
stream impacts will be required by this future development. If further impacts are necessary for the development, an
Individual Permit will be required for any jurisdictional impacts. Obtaining the potential Individual Permits will be the
responsibility of the end user acquiring said parcel.
1?1
Page 4 of 12
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
0 Wetlands N Streams - tributaries Buffers
? Open Waters ? Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ - non-404, other) (acres)
Temporary T
W1 N P ? T Fill / Crossing herbaceous ? Yes
0 No Corps
DWQ 0.17
W2 ? P ? T ? Yes ? Corps
? No ? DWQ
W3 ? P ? T ? Yes ? Corps
? No ? DWQ
W4 ? P ? T ? Yes ? Corps
? No ? DWQ
W5 ? P ? T ? Yes ? Corps
? No ? DWQ
W6 ? P ? T ? Yes ? Corps
? No ? DWQ
2g. Total wetland impacts 0.17
2h. Comments: Mitigation is required by ACOE at a ratio of 2:1
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
number - (PER) or (Corps - 404, 10 stream length
Permanent (P) or intermittent DWQ - non-404, width (linear
Temporary (T) (INT)? other) (feet) feet)
S1 N P ? T Temporary Unnamed Trib to ? PER ? Corps 8 10
Disturbance Turkey Creek ? INT ? DWQ
S2 ? P ? T Crossing / Fill Unnamed Trib to ? PER ? Corps 8 130
Turkey Creek ? INT ? DWQ
S3 ? P ? T ? PER ? Corps
? INT ? DWQ
S4 ? P ? T ? PER ? Corps
? INT ? DWQ
S5 ? P ? T ? PER ? Corps
? INT ? DWQ
S6 ? P ? T ? PER ? Corps
? INT ? DWQ
3h. Total stream and tributary impacts 140
3i. Comments:
Page 5 of 12
PCN Form - Version 1.3 December 10, 2008 Version
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individual) list all open water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact number - (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Temporary T
01 ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
0. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or purpose (acres)
number of pond
Flooded Filled Excavated Flooded Filled Excavated Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
? Yes ? No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If an impacts require mitigation, then you MUST fill out Section D of this form.
6a. 0 Neuse ? Tar-Pamlico ? Other:
Project is in which protected basin? ? Catawba ? Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number - Reason for Buffer Zone 1 impact Zone 2 impact
Permanent (P) or impact Stream name mitigation (square feet) (square feet)
Temporary T required?
B1 ? P ? T Crossing / Unnamed Trib to Turkey ? Yes 7
453 4
925
Fill Creek No , ,
B2 ?P?T ?Yes
? No
B3 ?P?T ?Yes
? No
6h. Total buffer impacts 7,453 4,925
6i. Comments: Less than 0.33 acre of buffer impact; no mitigation required.
Page 6 of 12
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Throughout the planning process two roadway alignments were considered. The criteria for choosing the final alignment were
based on NCDOT criteria, environmental impacts, and property impacts. Alignment Option 1 met all NCDOT criteria, had
minimal property impacts, but had several environmental impacts, including stream impacts that exceed the compensatory
mitigation threshold. The impacts associated with Alignment 1 were 0.92 acres of buffered pond impacts, 430 linear feet of
buffered stream impacts, as well as 0.17 acres of wetland impact. Riparian buffer impacts associated with Option 1 included
12,900 square feet of impact to Zone 1 and 8,600 square feet of impact to Zone 2. These impacts, upon further review, were
reduced through redesign of the alignment and the elimination of one leg of the proposed roadway system that would have
provided a second connection to US 264 Alternate, but would have also incurred additional wetland impacts.
The final alignment (preferred alternative) chosen requires only 140 LF of stream impact (a reduction of 290 ft) and a 0.17
acre wetland impact (a reduction of 0.75 ac). Riparian buffer impacts have also been reduced to 7,453 square feet of impact
to Zone 1 and 4,925 square feet of impact to Zone 2. After diligent study and research, it was believed that there were no
further alternatives to utilize this property and further reduce impacts.
It has also been noted by ACOE and verified through research at NCNHP that there is a potential for an endangered species
population in Turkey Creek. The dwarf wedgemussel (Alasmidonta heterodon) has been identified in Turkey Creek; less than
1 mile from the project site. NCNHP records contain eight element occurrences of dwarf wedgemussel in this section of
Turkey Creek from 1996 (see attached map). Although, this project does not directly discharge to Turkey Creek, the runoff
from the site ultimately drains to it due to the natural topography of the area. In an effort to avoid impacts to the potential
endangered species, phase one of this project, which involves the construction of the road, will utilize level spreaders and
plunge pools to provide diffuse flow to the adjacent unnamed tributaries. No direct discharge of stormwater to any stream will
occur. Any site that has over 24% impervious along this corridor will be required to provide BMPs which have 85% TSS
removal, which will therefore help protect the water quality and the various species that depend on this resource. Impacts to
aquatic ecosystems can be dramatically reduced or eliminated during all phases of road construction if the proper BMPs are
installed and effectively maintained. In those areas associated with aquatic endangered species habitat, all road maintenance
and construction activities should follow all applicable BMPs to eliminate sedimentation occurring downstream. Sediment and
erosion control measures will be implemented for all construction activities.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
All applicable Sediment and Erosion Control BMP's will be employed during construction of the proposed roadway to
prevent indirect impacts to nearby streams.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for Yes ? No
impacts to Waters of the U.S. or Waters of the State?
2b. If yes, mitigation is required by (check all that apply): ? DWQ Corps
0 Mitigation bank
2c. If yes, which mitigation option will be used for this
? P
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project? aymen
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n-
eu fee program
? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank: See Attached Letter
3b. Credits Purchased (attach receipt and letter) Type See Attached Quantity See Attached
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Page 7 of 12
PCN Form - Version 1.3 December 10, 2008 Version
3c. Comments:
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ? Yes
4b. Stream mitigation requested:
4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold
4d. Buffer mitigation requested (DWQ only):
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested:
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation? ? Yes No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone 6c.
Reason for impact 6d.
Total impact
(square feet)
Multiplier 6e.
Required mitigation
(square feet)
Zone 1 Crossing / Fill 3 (2 for Catawba)
Zone 2 Crossing / Fill 1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments: Buffer mitigation not required as impact is less than 0.33 acre
Page 8 of 12
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
-
mr 1 a. Does the project include or is it adjacent to protected riparian buffers identified
i
hi Yes ? No
w
t
n one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
Comments: Yes ? No
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? 20.48%
2b. Does this project require a Stormwater Management Plan? Yes ? No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
The current proposed roadway will provide diffuse flow from any concentrated runoff. Once the applicant identifies end
users of the commercial tracts, the users will be responsible for submittal and approval of formal stormwater management
plans to DWQ.
Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program
? DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project? Nash County
'Now
? Phase II
3b. Which of the following locally-implemented stormwater management programs 0 NSW
apply (check all that apply): ? USMP
? Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes No
attached?
4. DWQ Stormwater Program Review
? Coastal counties
4a. Which of the following state-implemented stormwater management programs apply ? HQW
? ORW
(check all that apply): ? Session Law 2006-246
Other: Section 401
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? ? Yes No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No
5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No
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Page 9 of 12
PCN Form - Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ® Yes ? No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ? Yes ® No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.) ? Yes ® No
Comments: This project is a Categorical Exclusion
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? ? Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ® Yes ? No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
The current proposed roadway will provide diffuse flow from any concentrated runoff. Once the applicant identifies end
users of the commercial tracts, the users will be responsible for submittal and approval of formal stormwater management
plans to Nash County and/or Middlesex.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Sewer service will be provided by the Town of Middlesex when needed.
is
Page 10 of 12
PCN Form - Version 1.3 December 10, 2008 Version
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5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ? Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act Yes
? ®No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted. ?
Raleigh
? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
ESI biologists conducted a database search and a habitat assessment while onsite and determined that the project area
does not contain any federally protected species. However, dwarf edgemussel was identified in Turkey Creek (<1 mile
away) in 1996. The Dwarf Wedge Mussel Recovery Plan (USFWS 1993) identifies the status of the dwarf wedgemuseel
population in Turkey Creek as good with reproduction of the mussels evident. Siltation generated by road construction is
considered a major factor in the decline of many freshwater mussel species. The proposed project incorporates BMPs to
control the runoff, including sediment, generated from the road construction and has measures designed to eliminate
concentrated flow from leaving the site. These practices are a combination of state required management practices
pursuant to Section 401 of the Clean Water Act plus additional BMPs suggested by USFWS and NCWRC that are
intended to reduce or eliminate any detrimental effects on downstream receiving waters. The proposed roadway is
expected to have a negligible effect on Turkey Creek and the aquatic species therein.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
http://ocean.floridamarine.org/efh_coral/ims/viewer.htm and also the EFH Waterbody Index provided by NMFS
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 ? Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
On 13 March 2009, Environmental Services, Inc., (ESI) conducted research at the Survey and Planning Branch (SPB)
and the Office of State Archaeology (OSA) of the North Carolina State Historic Preservation Office (NC SHPO). No
specific items of concern were identified as a result of this preliminary study. The proposed project should be in
compliance with Section 106 of the Historic Preservation Act.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes ® No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? www.ncfloodmaps.com
Paul Smith, PE ??a (o It? 17-007
Applicant/Agent's Printed Name
Applic nt/A 's Signature
Date
A ant's si nature is valid on i an authorization letter from the applicant
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