19980180 Ver 1_COMPLETE FILE_19980225

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
May 5, 1998
Dare County
DWQ Project # 980180
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Gary Patchel
PO Box 443
Frisco, NC 27936
Dear Mr. Patchel:
You have our approval, in accordance with the attached conditions and those listed below, to place
fill material in 0.09 acres of wetlands or waters for the purpose of developing a commercial site at the
Gingerbread House in Frisco, as you described in your application dated February 25, 1998. After
reviewing your application, we have decided that this fill is covered by General Water Quality
Certification Number 3106. This certification allows you to use Nationwide Permit Number 18 when the
Corps of Engineers issues it. In addition, you should get any other federal, state or local permits before
you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal
Stormwater, Non-Discharge and Water Supply Watershed regulations. This approval will expire when the
accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application except
as modified below. If you change your project, you must notify us and to send us a new application. If the
property is sold, the new owner must be given a copy of this Certification and approval letter and is
thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the
future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506
(h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached
certification and any additional conditions listed below.
1. Deed notifications or similar mechanisms should be placed in all lots with remaining jurisdictional
wetlands and waters to restrict future wetland and/or water impact. These mechanisms should be put in
- place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later).
2. Stoimwater from the site should be directed to flow at non-erosive velocities into the remaining wetlands
on site.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a
written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions
are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone John Domey at 919-733-1786.
l ,
kiore ton Howard, Jr. P.E. -
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DWQ Regional Office
John Domey
Central Files
George Wood, Environmental Professionals
980180.1tr
Division of Water Quality • Non-Discharge Branch
4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
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NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT

--JAMES B. HUNTJR.
{
'GOVERNOR
"
J
&G,
_.r WAYNEMCL1EvITT
SECRETARY
i-C^
t
?•. ROGER N.SCHECTE R
DIRECTOR

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April 27, 1998 ' nn //
Mr. Gray Patchel
P. O. Box 443
Frisco, North Carolina 27936
RE: USACOE Action ID 199810705, Nationwide Permit Request for
Activity Location in Dare County
Dear Mr. Patchel:
The North Carolina Division of Coastal Management has reviewed the above
referenced application for a Nationwide Permit, dated 2 March 1998 and received in
our office 5 March 1998 pursuant to Section 307 of the Coastal Zone Management Act
of 1972 as amended. The activity you propose, to fill .09 acres of wetlands, is located
on your property adjacent to NC 12, Frisco, Hatteras Island, Dare County, North
Carolina. Based upon our review, we have determined that the proposed activity is
inconsistent with the North Carolina Coastal Management Program. Therefore in
accordance with 15 CFR 930.65 and 33 CFR 320.40) you are not authorized to
proceed with the work proposed.
Specifically, the proposal is inconsistent with North Carolina Administrative
Code T15A: 7H .0205 which defines Coastal Wetlands and the management objective
and use standards for this designated Area of Environmental Concern. A portion of
the area you propose to fill contains Coastal Wetland marsh plant species and is
subject to regular or occasional flooding by tides, including wind tide (whether or not
the tide waters reach the marsh areas through natural or artificial watercourses). As
per 7H .0205(c), the filling of Coastal Wetlands is inconsistent with the management
objective which is to conserve the resource. The purpose of the fill is to "provide
adequate parking for the existing restaurant". The proposed activity is inconsistent
with use standards delineated by 7H.0205(d). Parking lots are non-water dependent
and are identified as unacceptable land uses for Coastal Wetlands by this section.
If you wish to amend your development proposal by removing all Coastal
Wetland fill, we will reconsider our position on the project. Please feel free to contact
me at [phone] (ext. 277) at your earliest convenience to discuss possible
modifications or alternatives.
If you disagree with our finding, you have the right to appeal our decision to
ELIZABETH CITY OFFICE
1367 U.S. 17 SOUTH ELIZABETH CITY, NC 27909
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/1 O% POST-CONSUMER PAPER

Mr. Gary Patchel
April 27, 1998
Page Two
the Secretary, U.S. Department of Commerce, Washington DC. The appeal must be
filed within thirty (30) days of receipt of this letter and must specifically address one
of the following findings: That although the project is currently inconsistent, it may be
federally approved because; 1) The activity is consistent with the objectives or
purposes of the Federal Coastal Zone Management Act; or, 2) Is necessary in the
interest of national security. Mr. Steve Benton of the North Carolina Division of
Coastal Management in Raleigh, NC is available to discuss the appeal procedures and
to provide assistance if needed in filing an appeal. He can be reached at (919) 733-
2293.
Sincerely,
/.div.-y ?• ?v?? (? ??i''?
Terry E. Moore
District Manager
TEM/kh
cc: Roger N. Schecter, Director
NC Division of Coastal Management
Charles Jones, Assistant Director
NC Division of Coastal Management
Steve Benton, Consistency Coordinator
NC Division of Coastal Management
John Dorney
NC Division of Environmental Management
Raleigh Bland, US Army Corps of Engineers
Washington Office
Wilmington District Engineers (CERTIFIED)
ATTN: CESAW-CO-E
Mr. Jeffrey R. Benoit, Director (CERTIFIED)
US Department of Commerce, OCRM
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
Mr. Gary Patchel
PO Box 443
Frisco, NC 27936
Dear Mr. Patchel:
Re: commercial site fill
Stanly County
DWQ # 980180
1 ? •
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
May 12, 1998
The Division of Water Quality has reviewed your submittal for a 404/401 permit
fill of 0.09 acres of wetlands under Nationwide Permit 18 for commercial development at
Ginger bread House in Frisco in Dare County. Your application was not complete since
it is not clear whether these wetlands are coastal wetlands as defined in 15A NCAC 2B
0.101(d)(4). If these are coastal wetlands, the 401 Certification program allows fill only
for water dependant activities [15A NCAC 2H.0506(d)(1)]. Please clarify this issue.
This information is needed by DWQ in order for us to decide whether this project is
approvable.
I can be reached at 733-1786 if you have any question. Until this information is
received, I will request (by copy of this letter) that the Corps of Engineers place this
project on hold. Also, the project will be placed on hold for our processing due to
incomplete information (15A NCAC 2H.0507(a)(4)).
Sincerely,
4Jn ORD?orney
ater Quality C rtific ion Program
cc: Washington DWQ Regional Office
Wilmington District of Corps of Engineers
Washington Field Office Corps of Engineers
John Dorney
Central Files
George Wood; Environmental Professionals
980180.hld
Division of Water Quality - Non-Discharge Branch
4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer - 50% recycled/10% post consumer paper
May 5, 1998
MEMORANDUM
TO: John Dorney
FROM: Eric Fleek
SUBJECT: Gary Patchel (DWQ#980180/DARE COUNTY)
Based on a review of the application submitted 3/5/98, I believe that the following
conditions should be included in the 401:
1) A stormwater pond (or other approved stormwater management system) should be
required at this site. If a pond is not used then the stormwater from the impervious
areas should be sheet flowed into remaining wetlands.
2) Deed notifications (or conservation easements) should be placed on remaining
wetlands.
Also, please note that this project was submitted on 3/5/98. Therefore, a 401 needs to be
issued immediately with today's date (5/5/9 g) on it so that this project is not waived. If
you have any questions please let me know.
r_. -"- ----

DEM ID: ACTION:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT#): NWP 18
JOINT FORM FOR
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO THE CORPS OF ENGINEERS
NATIONWIDE PERMITS THAT REQUIRE APPLICATION FOR SECTION 401 CERTIFICATION
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
PO BOX 1890
WILMINGTON, NC 28401-1890
ATTN.: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH
AND NATURAL RESOURCES
PO BOX 29535
RALEIGH, NC 27626-0535
ATTN.: MR. JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT.
1. OWNERS NAME: Gary Patchel
2. OWNERS ADDRESS: PO Box 443
Frisco, NC 27936
3. OWNERS PHONE NUMBER (HOME):
(WORK): 919-995-5204
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE
NUMBER: George H. Wood, CEP
Environmental Professionals, Inc.
PO Box 3368
Kill Devil Hills NC 27948
[phone]
5. LOCATION OF WORK (MUST ATTACH MAP). COUNTY: Dare
NEAREST TOWN OR CITY: Frisco
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): Parcel next to Gingerbread House
in Frisco, North Carolina
6. LATITUDE: 35° 13' 30"
7. LONGITUDE: 75'37'30"
8. NAME OF CLOSEST STREAM/RIVER: Pamlico Sound
9. RIVER BASIN: N/A
10. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW, WS I, OR WS
II? YES ? NO
11. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY?
YES ? NO
IF YES, EXPLAIN.
12. ESTIMATED TOTAL NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS,
LOCATED ON PROJECT SITE: 1.54 acres

13. NUMBER OF ACRES OF WETLAND IMPACTED BY THE PROPOSED PROJECT:
FILLED:.09
DRAINED:
FLOODED:
EXCAVATED:
TOTAL IMPACTED: .09
14. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS): To £11.09 acre of 404 wetlands.
15. PURPOSE OF PROPOSED WORK: To provide adequate parking for the existing restaurant.
16. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS. The location of the
fill adjacent to the highground areas will minimize the wetland fill to allow for adequate and safe parking for the existing
restaurant.
17. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS) AND/OR
NATIONAL MARINE FISHERIES SERVICE (NMFS) REGARDING THE PRESENCE OF ANY FEDERALLY
LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL
HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. HAVE
YOU DONE SO? YES ® NO ?
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE ATTACHED.
Only contacted NMFS - COE is handling review of endangered species for USF&W.
18. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO)
REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE
AFFECTED BY THE PROPOSED PROJECT.
HAVE YOU DONE SO? YES ® NO ?
RESPONSE FROM THE SHPO SHOULD BE ATTACHED.
19. ADDITIONAL INFORMATION REQUIRED BY DEM:
A. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, AND LAKES ON THE
PROPERTY.
B. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY
PROPERTY.
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS
RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
D. IF A STORMWATER MANAGEMENT PLAN IS REQUIRED FOR THIS PROJECT, ATTACH COPY.
E. WHAT IS LAND USE OF SURROUNDING PROPERTY?
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? ground absorption
gravity system.
O R'S IG ATURE 13AT
FRISCO

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VICIN ITY MAP
ITS
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426 SQ. FT. AREA
TO BE FILLED
N
I-
U
Z
>C 404
WETLANDS
UPLANDS
3,477 SQ. FT. AREA
TO BE FILLED
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UPLANDS
I \1 1.
NOTES: TOTAL LOT - 74,284 SOFT.
TOTAL UPLANDS - 7,255 SQ.FT.
TOTAL WETLANDS - 67,029 SO. FT.
TOTAL FILL - 3,903 SQ. FT.
LEDGEND:
0 - 3,903 SQ. FT. WETLAND AREA TO BE FILLED
yL - 404 WETLANDS
GARY PATCHEL SCALE: i" = 40'
7 ACRE PARCEL
1 DATE: 2/20/98
.
JOB NUMBER: 97-084
NA TIONWIDE 18 PERMIT APPLICATION
DRAWN BY: JJ
FRISCO DARE COUNTY NORTH CAROLINA REVIEWED: CW
ENVIRONMENTAL
PROFESSIONALS INC.
PLANNING FOR A BETTER
ENVIRONMENT
P.O. BOX 3368
KILL DEVIL HILLS, N.C. 27948
PHONE [phone]
FAX [phone]
,ICI,
AREA TO BE
FILLED OR UNDISTURBED AREA
DISTURBED
FABRIC m"'r'
EXISTING GRADE
SILT FENCE
DETAIL
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DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands delineation Manual)
Environmental Professionals, Inc.
PO Box 3368
Kill Devil Hills, NC 27948
Project/Site: G.:,l Date: 11 / 47
Applicant/Owner: County: (fie.
Investigator: State: /J=C,
Do Normal Circumstances exist on the site? [u 'es ? No Community ID:
Is the site significantly disturbed (Atypical Situation)? ? Yes [?,?No Transect ID:
Is the area a potential Problem Area? ? Yes L?'?to Plot ID:
If needed, explain on reverse.
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. P "mss ar/ 3 • ° 9.
2. .6 h ?/ o? a? Z. 0 10.
3. .?? F;c•.? z•• IL
4. J riwt''?G7a fSe e 3.0 12.
5. ica Cr c ,cc 3r'' 13.
6. 3• 14.
15.
8. 16.
Percent of Dominant Species that are OBL, FACW, or FAC
(excluding FAC-). 5`d"7o
Remarks: W'e ve5 e??,,. c s
HYDROLOGY
? Recorded Data (Describe in Remarks): Wetland Hydrology Indicators:
? Stream, Lake, or Tide Gauge Primary Indicators:
? Aerial Photographs ? Inundated
? Other ? Saturated in Upper 12 Inches
SINo Recorded Data Available ? Water Marks
? Drift Lines
Field Observations: ? Sediment Deposits
? Drainage Patterns in Wetlands
Depth of Surface Water : (in.) Secondary Indicators (2 or more required):
? Oxidized Root Channels in Upper 12 Inches
Depth to Free Water in Pit: /2- (in.) ? Water-Stained Leaves
? Local Soil Survey Data
Depth to Saturated Soil.: (in.) ? FAC-Neutral Test
Other (Explain in Remarks
Remarks:
SOILS
Map Unit Name 1c;-;1 J
(Series and Phase): Drainage Class:
1
Taxonorn Sub * ou L ?,,a,?,[ s.•w?.??rs Field Observatio
Confirm Ma d T e Yes No
Profile Description
Depth_ Matrix Color Mottle Colors
inches Horizon Mun. ell Moist Munsell Moist Mottle Textures, Concretions,
Abend ce/Con ast Structure etc.

o R 3

Hydric Soil Indicators:
? Histosol
? Histic Epipedon
? Sulfdic Odor
? Aquic Moisture Regime
? Reducing Conditions
? Gleyed or Low-Chroma Colors ? Concretions
? High Org c C ntent in Surface La er in Sandy Soils
? Organic Str in in Sandy Soils
? Listed on L cal ydric Soils List
? Listed on N do al Hydric Soils Lis
F-1 Other (Exp 'n i Remarks)
Remarks:
WETLAND DETERMINATION
Hydrophytic Vegetation Present 537Yes ? No
Wetland Hydrology Present? ? Yes R No
H dric Soils Present? Yes No Is this Sam li Pint within a Wed d? Yes No-
No K
Remarks: w Q-? cc
pproved by HQUSAC? 2/92
DATA FORM Environmental Professionals, Inc.
ROUTINE WETLAND DETERMINATION PO Box 3368
(1987 COE Wetlands delineation Manual) Kill Devil Hills, NC 27948
Project/Site: Date: i///1?/'? 7
Applicant/Owner: See ??? County: 1?a4-2-
•C
Investi ator: Sa ?o??st?-• State: A)
Do Normal Circumstances exist on the site? ['`Yes ? No Community ID:
Is the site significantly disturbed (Atypical Situation)? ? Yes [??J,`?No Transect ID:
Is the area a potential Problem Area? Q Yes ivo Plot ID:
If needed, ex lain on reverse. I __J
VEGE'T'ATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
9.
2. WAd 5111%. 10.
3• .(, vh? .3o v, 11.
4. .l 7 12.
5. 13.
6. 14.
7. 15.
8. 16.
Percent of Dominant Species that are OBL, FACW, or FAC
(excluding FAC-).
Remarks:
HYDROLOGY
? Recorded Data (Describe in Remarks): Wetland Hydrology Indicators:
? Stream, Lake, or Tide Gauge Primary Indicators:
? Aerial Photographs ? Inundated
? Other Saturated in Upper 12 Inches
VNo Recorded Data Available Water Marks
[Drift Lines
Field Observations: ? Sediment Deposits
? Drainage Patterns in Wetlands
Depth of Surface Water : (in.) Secondary Indicators (2 or more required):
? Oxidized Root Channels in Upper 12 Inches
Depth to Free Water in Pit: G (in.) Water-Stained Leaves
Local Soil Survey Data
Depth to Saturated Soil: 2 (in.) ? FAC-Neutral Test
Other Ex lain in Remarks
Remarks: ?? d
cnn C
Map Unit Name C" K a ?r
(Series and Phase): Drainage Class:
Field Observation
.Taxonomy (Subgroup): Confirm Ma d T e Yes No
Profile Description
Depth_ Matrix Color Mottle Colors
Mottle Textures, Concr 'ons,
inches Horizon Mun ell Moist Munsell Moist Abund ce/Con ast Structure etc.
67/jq

Hydric Soil Indicators:
? Histosol
? Histic Epipedon
? Sulfidic Odor
? Aquic Moisture Regime
? Reducing Conditions
[??Gleyed or Low-Chroma Colors ? Concretion
High Org C C ntent in Surface L or in Sandy Soils
? Organic Str aki g in Sandy Soils
? Listed on cal Hydric.Soils List
? Listed on atio al Hydric Soils Li
? Other (Ex ain n Remarks)
Remarks: Wl soy/s-i°?'?S
WETLAND DETERMINATION
Hydrophytic Vegetation Present Yes ? No
Wetland Hydrology Present? Yes ? No
Hvdric Soils Present? Yes : ? No Is this Sam in oint within a Wets d? Yes No
Remarks: W e? 40--.d1- a? ?( ?Oav a,,,+ e 5 a v <. ?.o?
Approved by HQUSA?CE 2/92
PHONE CONVERSATION RECORD
TALK D WITV Av: ........... DATE 9 T IME?&0o le PM
OF PHONE NO sl`f 7v; S -093 ?y
RE,A?F?%:(:.
SCI PLACED CALL :.PARTY CALLED...
MY MESSAGE ..REPLY.......... .....................
......................................................
......................................................
PARTY'S ..MESSAGE ,< REPLY.,4./. ........................
......................................................
.............................. ....................
ACTION OR FOLLOW UP NECESSARY.,/. ......................
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.
REFER • TO. /........... ,?F I LE ... . . . . . . . . . . . . . . . .
SIGNED............
PHONE CONVERSATION RECORD
TALKED WITH.. S•?v.?:?? :1?. ...... DATE a/s'-/9z TIME 9.6r lb PM
. PHONE,, NO . Te*? 73 3
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Ws?
RE . T/.r?, 4? ..: Q Y .. ° ?? . o :F.. a `z`.. k?r -.. . .
X. I PLACID CALL ..PARTY CALLED
MY ./MESSAGE ..REPLY ..................................
......................................................
PARTY' S•..MESSAGE•.,REPLY..? ........................
......................................................
......................................................
ACTION OR FOLLOW UP NECESSARY./,4-x. ..................
......................................................
REFER.TO g?</4-?i....... ...... .... •?FILE ....................
SIGNED... ...
PHONE CONVERSATION RECORD
TALKED WITH ......................DATE / / TIME AM PM
OF ........................................PHONE NO.
RE ....................................................
..I PLACED CALL ..PARTY CALLED
MY ..MESSAGE .REPLY ...................................
......................................................
......................................................
PARTY'S ..MESSAGE ..REPLY .............................
......................................................
......................................................
ACTION OR FOLLOW UP NECESSARY .........................
......................................................
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REFER TO .................... FILE
SIGNED .....................