20000919 Ver 1_COMPLETE FILE_20000717

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
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NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
September 20, 20000
Wake County
DWQ Project # 000919
APPROVAL of 401 Water Quality Certification and Neuse River Buffer Rules
Lyle D. Gardner
7706 Six Forks Road, Ste 1022
Raleigh, NC 27615
Dear Mr. Gardner.-
You have our approval, in accordance with the attached conditions, to impact 130 linear feet of stream channel and
the associated riparian buffers in Wake County for the purpose of road crossing construction as you described in your
application received by the Division of Water Quality on July 17, 2000. After reviewing your application, we have
decided that this aotion is covered by General Water Quality Certification Number 3289 This Certification allows you to
use Nationwide Permit Number 14 when the Corps of Engineers issues it. This approval is also valid for the Neuse River
buffer rules (15A NCAC 213 .0233). 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. Also 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. If you change your
project, you must notify us and 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. This approval shall
expire when the corresponding Nationwide Permit expires or as otherwise provided in the General Certification. 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). For this approval to be valid, you must follow the conditions listed in the attached
certification.
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 919-733-9646.
Attachment
Sincer y,
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cc: Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
File Copy
Central Files
Division of Water Quality • Wetlands/401 Unit
1621 Mail Service Center • Raleigh NC 27669-1621 *Telephone [phone] • FAX [phone]
An Equal Opportunity Affirmative Action Employer
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2000
COMPLIANCE WITH WETLAND & BUFFER REGULATIONS
In accordance with Title 15 NCAC 2H.0500, the following DEED NOTIFICATION shall be recorded in
the County Registry prior to the conveyance of lots. Said Deed Notification shall
apply to name of subdivision, lot numbers in County, North Carolina as shown on plans
titled (insert subdivision name) prepared by (insert name of
designer) dated date:
"A portion of this lot has been determined to meet the requirements for designation as a wetland,
stream or protected stream buffer. Any subsequent fill or alteration of this area shall conform to the
requirements of the state rules adopted by the State of North Carolina in force at the time of the proposed
alteration. The intent of this provision is to prevent additional wetland, stream or buffer filling or draining,
so the property owner should not assume that a future application for filling or draining would be approved.
The property owner shall report the name of the subdivision in any application pertaining to said rules.
'Iihis covenant is intended to ensure continued compliance with all rules adopted by the State of North
Carolina and therefore the State of North Carolina may enforce benefits. This covenant is to run with the
land and shall be binding on all Parties and all persons claiming under them".
Signature
Owner's name:
Address:
City, State, Zip Code:
Phone Number: ( )
STATE OF NORTH CAROLINA
COUNTY
I, , a Notary Public of the State of North Carolina,
County, hereby certify that owner personally appeared
before me this day and executed by above certification.
Witness my hand and notorial seal, this day of .2000
Notary Public
My commission expires:
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
DWQ Project No.:
Annlicant
?•
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
County:
Project Name:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
Upori completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina
Division of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. This form may be returned to DWQ
by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from
all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature:
Agent's Certification
Date:
I, , hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature:
Date:
Engineer's Certification
Partial Final
I, . as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project,for the
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the
construction such that the construction was observed to be built within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature Registration No.
Date
Division of Water Quality - Wetlands/401 Unit
1621 Mail Service Center • Raleigh NC 27669-1621 *Telephone [phone] • FAX [phone]
An Equal Opportunity Affirmative Action Employer
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CORPS ACTION ID: SEP,
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #)
PRE-CONSTRUCTION NOTIFICATION A ACATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENG 488
2) APPLICATION FOR SECTION 401 CERT112 ATION
3) COORDINATION WITH TILE NC DIVISION OF COASTAL MANAGENENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN
M COPIES MUST BE SENT TO THE NC DIVISION OF WATER
I. OWNWSNAMF--,-- Lyle D. Gardner
Z MAILINGADDRESS: 7706 Six Forks Rnaci Suite 10 ,?
SUBDIVISION NAM
CITY: R; ;l P i eh STATE: Nf' _ 21P CODE: 776,15
PROJECT LOCATION ADDRESS. INCLUDING SUBDIVISION NAME
(iF DP R 'FROM
MAI ING ADDRESSAMVE):_Lewis- Landing, West end of Southhampton ive on
- St. John's Street in Kniahtdale
3. TELEPHONE NUMBER: (HOME) (WORK) 84842041
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL. ADDRESS.
PHONE NUMBER:
S. LOCATION OF WORK (PROVIDE A MAP. PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE):. { .
COUNTY: Wake - -NEARESTTOWN: Kniahtdale
SPECEF[C LOCATION (INCLUDE ROAD'NU lBERS. LANDMARKS, ESCT )
At end of St. John?s Street at 'end of Southampton DRive west of
Carrinaton Woods Subdivision
6. IMPACTED OR NEAREST STREAMIRIVML
RIVERBASIN: Neuse
7a.. is PROTECT LOCATED NEAR WATER CLASSIFIED AS TROUT. TIDAL SALTWATM (SA.
HIGH QUALITY WATERS (HQWX OUTSTAMING RESOURSE WATERS (01tft WATER.
SUPPLY (W&1 OR WS-II)? YES ( ) NO • ( X ) IF YES. EIPLAYN:
7b. IS THE PROTECT LOCATED WTTEIN.ANORTH CAROLINA DIVISION OF COASTAL
MANAGOATNT AREA OP RVIROMENTAL CONCERN (AEC)? YES ( ) NO ( X ) ' .
7c. IF T M PROJECT M LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF
COASTAL COUNTIES), TMAT IS THE LAND USE PLAN (TAP) DESIGNATION?
N/A
8a. HAVE ANY SECTION 404 PERb=S 13EM PREVIOUSLY REQUESTED FOR USE ON THIS '
PRO=" YES ( ) NO ( X ) IF YES. PROVIDE ACTION LID. NUMBER OF PREVIOUS
PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION):
8b. ARE ADDITIONAL PERMIT REQUESTS MMECIED FOR THIS PROPERTY IN THE
FUTURE? YES( ) NO (x) IF YES. DESCRIBE AN lCIPATED WORK:
S a
9a. EST24ATED TOTAL NUMBERS OF ACRES IN TRACE OF LAND: -,;n_
9b. ESTM(ATED TOTAL NUIBER OF ACRES OF WETLANDS LOCATED ON PROJECT STfE:
3.1 ac
10L NUMBER OF ACRES OF WE7LANDS IMPACTED BY THE PROPOSED PROJECT BY:

FLUNG: EXCAVATION:
FLOODING: -OTHER: Road Construction
DRAMAGE: TOTALACRES TO BE IM[PACTFD: .02 ac
Ift (1) STREAM CHANNEL TO BE DeACTBD BY THE PROPOSED PROW= (IF
RIIACATED. PROVIDE DISTANCE BOTH BEFORE. AND AFTER RELOCATION:
LENGTH BEFORE: ' , 130 • " AFTER: 13n r
WIDTH BEFORE (based on nm=al high watts coumm): 5 ' FT
AVERAGE DWIH BEFORE: < 1 PT AFTER:-. < 1 _ -
(2) STREAM CHANNEL IMPACTS WMLL RBSULT FROM: (CHEM ALL THAT APPLY)
OPEN CHANNEL. RELOCATION: PLACEMENT OF PIPE IN CHANNEL: X--
CHANNEL EXCAVATION: COONSTRUCTION OF w DAM/FLOODING:
OTHER:
it. IF CONSTRUCTION OF A POND IS PROPOSFXX WHAT IS THE SITE OFTHE WATERSHED
DRADMO TO TFE•POND? WHAT IS THE EXPECTED
POND SURFACE AREA? N/A
12. DISCTIPTION OF PROPOSED WORK IIdC3:.UDING DISCUSMON OF TYPE OF MECHANICAL
EQUIPMENT TO BA USED? (ATTACH PLANS: 8111 BY 11 DRAWINGS ONLY)
Roadway Qgssnn Sgigiirj,no 80_` l_? culvert with 40' ri non a mn
13. PURPOSEOFPROPOSEDWORR:, Roadway access required to orooer _g 50i?t hwast,
of existing pond
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BB CARRIED OUT IN
WEErLANDS (INCLUDE ANY MEASURES TAKEN TO t M041M WETLAND DeACrS)
There is no other way to access property withoutsttream crossing.
The impact was minimized by near perpendicular crossing
15. YOU ARE REQUIRED TO CONTACT THE US FISH AND WQ,DIzE SERVICE ANDIOR
NATIONAL MARINE FISHERIES SERI" REGARDING THE PRESENCE OF ANY FEDERALY
LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR
CRITICAL HABITAT IN THE PERMIT AREA THAT MAY Be AFFECTED BY Tim PROPOSED
PROJECT. DATE CONTACTED: N/A
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTE.S IN THE PERMIT AREA
WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED
N/A
17. DOES THE PROJECT INVOLVE AN EI wDTTURE'OF PUBLIC FUNDS OT Tim USE OF
PUBLIC (STATE) LAND? - YES ( ) NO (. X ) (IF NO. GO TO 16)
a. IF YES, DOES THE PROJECT REQUIRE PREPERATION OF AN EN1VMONMENTAL
DOCUMENT PURUANT TO THE REQUIR MENTS OF TIC NORTH CAROLINA
ENVIRONMENTAL POLICY ACT? YES( ) NO ( I
b. 11F YES, HAS THE DOCUMENT BEEN REFIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE YES ( ) NO ( 1
IF ANSWER 17b IS YES. THEN SUBMIT APPROPRIATE DOCUMENTATZONFROM THE STATE
a!ARRMOUSE WITH THE NORTH CAROLINA ENVi oNMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES SMW, RAIMM
NORTH CAROLINA 27603-8003, TELEPHONE [phone].
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED
ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OF FU L MATERIAL INTO
WETLANDS:
a. WETLAND DEL 4EATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES, AND
PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18,21, 26, 29,
AND 38). ALL STREAM (INTERM1TfENT AND PERMANENI) ON THE PROPERTY
MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS SO FEET
OF I INCH EQUALS 100 FEET OF THEIR EQUIVALENT
b. IF AVAILABLE, REPRESENTATNE PHOTOGRAPH OF WETLANDS TO BE IMPACTED
BY PRODUCT.
c. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA
SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION L 4F_
d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAM USE OF SURROUNDING PROPOERTY?
florth - Town of Knightdale, ruture Park (Present wooded) a
-blest and South - Open
-_East - Residential Subdivision
A
£ IF APFUCABI-E. WHAT IS PROPOSED MET HOD OF SEWAGE DISPOSAL?
& SIGNED AND DATED AGENT AUTHORTIATION LETTER. IF APPLICABLE.
NOTE: WTLANDS OR WATERS OF THE US MAY NOT BE IIeACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENG24EEEERS PERMIT,
2) EffHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF WATER QUALITY
CERTIFICATION. AND
3) (IN THE TWENTY COASTAL COUNTIES ONLY). A LETTER FROM THE NORTH
CAROLINA DIMION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WTTH THE NORTH CAROLINA COASTAL
MANAGEMENT PROGRAM.
Y /,? - U°
OWNER' AGENTS SIGNATURE DATE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETIBR FROM
THE OWNER IS PROVIDED).
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Blackburn Consulting Engineering
234 E. Main Street
Clayton, N.C. 27520
Ph. [phone] Fax [phone]
September 12, 2000
John Dorney
Division of Water Quality
?n
1621 Mail Service Center' ` ``? 4
is
Raleigh, NC 27699 3?:,•:_
RE: DWQ Project 000919 ?e?GfejJP
Lewis Landing
Dear Sir:
This letter, along with attached information, is provided to address your concerns
with this project as detailed in your letter of September 1, 2000.
The first concern was in regards to buildings at Caribbean Court being located in
Zone 2. These proposed buildings were not in Zone 2. The lines extending into the
buffer were lot lines associated with the buildings. The buildings were outside the buffer.
These buildings are not being constructed at this time. The plan as shown was only a
preliminary layout for that area. The final plan for that area has not been developed. No
permits, such as grading, utilities or building, are being requested for that area noted as
phase 2B. To prevent confusion, the preliminary layout for that area has been removed
from the plan.
The second question was concerning the width of impact associated with the road
crossing. As stated on the application, the width of impact is 130 feet. This includes the
culvert and rip rap energy dissipator.
I trust this relieves your concerns. Please proceed with permitting for the project.
If you have further questions, please call me at 919-553-2900.
Sincerely,
Blackburn Consulting Engineering
(X?j W - """
Daniel W. Blackburn, PE
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9486
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Wetlands Tracking
.
Facility Name Lyle D. Gardner (Lewis Landing) I County 'Wake
Project Number 00 0919 County2
0Inactive Region Raleigh
Project Type purpose of road crossing I DCM Office
Location UT Mango Creek COE Office Raleigh
401s Last Total Total Total
Recvd Sent to Recvd Action 401 401 Total Mit Mit
Recvd From Date Region Region Date Last Action Acres Feet Acres Feet
APP ` 7/17/2000 7/18/214)0 ? 1 1 - I 401 AA
E 401
Total for Project:
Inspections/ Violations
Inspection Date Inspector Compliant Letter Type Date Sent Reply Date Current St
?,- Inspect.
Q Q ?ti i!
'Aw
MEMORANDUM
COI /ssUFa„
TO: John Dorney Regional Contact: Steve Mitchell
Non-Discharge Branch WO Supervisor: Ken Schuster
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Lyle D. Gardner (Lewis Landing)
Project Number 00 0919
Recvd From APP
Received Date 7/17/00 Recvd By Region
Project Type road crossing
County Wake
County2
Region Raleigh
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
3`E
TYpe Type Impact Score Index Prim. suPP. Basin Req. Req.
14 Stream P-7 O N F? 27-32 F-c- NSW 30,402. F? 130.00
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y 0 N Recommendation: 0 Issue 0 Issue/fond 0 Deny
Provided by Region: Latitude (ddmmss) 354714 Longitude (ddmmss) 782941
Comments:
HOLD> appears to be encroachment by new buildings into Zone 2 at Carribean Court_
Need to be -sure ros ina is under threshold
-v
cc: Regional Office Page Number 1
Central Office
What Else
.r
Subject: What Else
Date: Wed, 30 Aug 2000 14:03:25 -0400
From: Steve Mitchell <[e-mail]>
To: Cyndi Karoly <[e-mail]>
Check the staff reports for the following:
00-0758 Not crazy about this NRCS Project but whoever has it do what
you must.
00-0919 HOLD need info on bldgs in Zone 2
00-0957 HOLD Check w/ todd on SW
1 of 1 8/31/00 9:20 AM
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State of North Carolina
Department of Environment y`
and Natural Resources
Division of Water Quality ?Olis moo
SGF??
James B. Hunt, Jr., Governor
Bill Holman, Secretary NORNCD'ENR
TH CAROLINA DEPARTMENT OF
Kerr T. Stevens, Director ENVIRONMENT AND NATURAL RESOURCES
September 1, 2000
Wake County
DWQ Project No. 000919
Lyle D. Gardner
- 7706 Six Forks Road, Suite 102
Raleigh, NC, 27615
Dear Mr. Gardner:
On July 17, 2000, the NC Division of Water Quality received your application for approval of the Neuse
Buffer Rules and a 401 Water Quality Certification to construct a residential subdivision at Lewis Landing mi
Wake County. The project plans have been reviewed by Mr. Steve Mitchell of the DWQ Raleigh Regional
Office. Mr. Mitchell notes that new buildings are proposed within the footprint of Zone 2 at Caribbean Court.
You should note that in accordance with 15A NCAC 2B .0233, construction of new buildings is not
permissible within Zone 2. Please provide a revised site plan showing detailed locations of all new buildings
or other structures proposed with reference to Neuse Buffers on this site. Also, be sure to specify the-width of
the buffer impact involved in the road crossing. Provided that you can demonstrate that no encroachment will
occur in Zone 2, we do not have fundamental objections to the project. -
Until this information is received, I will request (by copy of this letter) that the Corps of Engineers place
this project on hold. Also, this project will be placed on hold for our processing due to incomplete
information (15A NCAC 2H.0507(h)). I can be reached at [phone].
Sincerely,
John Dorney /t
cc: Corps of Engineers Raleigh Field Office
Steve Mitchell, Raleigh DWQ Regional Office
File Copy
Central Files
000919
Division of Water Quality • Non-Discharge Branch
401 /Wetlands Unit, 1621 Mail Service Center, Raleigh, NC 27699 Telephone [phone] FAX [phone] -
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
State of North Carolina 0 0 09 1
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
9
AIIM
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
July 3, 2000
L Ile D. a ner D
77 6 Six or s Road ?^,
suit 1022 ' " " `'
Ralei h, NC 2 15
Dear M . Gardner: ? 2D0• -p
On June 30, 2000, your application for 401 Water Quality Certification for a
project in Wake County was received by the N.C. Division of Water Quality. Please note
that beginning January 1, 1999, the N.C. General Assembly passed legislation requiring
payment of a fee for all 401 applications. Your application is being returned since no
payment was received with the package. The fee for applications is $200 for projects
impacting less than an acre of wetland and less than 150 linear feet of streams. For
projects impacting one or more acres of wetland or 150 or more feet of streams, the fee is
$475. In order for DWQ to review and process your request, you must send a check in
the appropriate amount made payable to the N.C. Division of Water Quality.
Please call Robert Ridings at 919-733-1786 or visit our web site at
http://h2o.enr.state.nc.us/ncwetlands if you have any questions.
cc: Central Files
cerel
J R. ey
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J U L 10 2000
f G 21 M-? 4 91
Wetlands/401 Unit 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
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