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HomeMy WebLinkAbout20070440 Ver 1_Application_20070313L +~ r,; ~l`~ n. n „a STA7[ ~ ~ ..~~.y° ~ I ', ,Y~,.,r.. ~ ,^~l FI ~ `1a ~ ,~~v3 , a.~ k • ~ ~t w... STATE of NORTH CAROLINA '~`-" :~,,. DEPARTMENT OF TRANSPORTATION ~~ MICHAEL F. EASLEY LYNDO TIPPETT GOVERNOR SECRETARY March 8, 2007 U.S. Army Corps of Engineers Raleigh Regulatory Field Office 6508 Falls of the Neuse Road, Suite 120 7 Raleigh, NC 27609 4 ~ r~- Attention: Mr. Eric Alsmeyer NCDOT Coordinator Subject: Secondary road improvements to SR 1326A (Joe Currin Road) from SR 1328 (Charlie Stovall) to Hwy 96 in Granville County. WBS element SC.039032. The North Carolina Department of Transportation (NCDOT) proposes to upgrade and pave SR 1326A (Joe Currin Road) from SR 1328 (Charlie Stovall) to Hwy 96 in Granville County (Figures 1-3). Total project length is 2.47 miles. Transportation and highway laws of North Carolina (G.S. 136-44.6, 136-44.7, 136-44.7A, 136-44.8, and 136-44.9) require the NCDOT to develop annual work programs for construction and maintenance of secondary roads. These general statutes specifically set forth requirements for annual construction and paving of existing unpaved roads. Paving of these roads is performed in priority order as established by the NCDOT for each unpaved road within a given county. This number is based on characteristics of each road, including number of homes, schools, churches, businesses, industries, recreational facilities, traftic counts, presence of school bus routes, and value as a thoroughfare. SR 1326A is scheduled to be paved as part of the Secondary Roads Construction Program. Impacts to Waters of the United States Site 1 -Waters of US Construction at this site will impact an unnamed intermittent tributary to Aarons Creek [NCDENR-DWQ Index No. 22-59, Best Usage Classification C; HUC 03010104] (Figure 3) in the Roanoke River Basin. The existing structure conveying the creek is a 18-inch reinforced concrete pipe that is 52 feet long (see Photograph I ). This pipe will be replaced with a pipe that is 4 ft longer. Permanent impacts at the site associated with the pipe replacement total 4 linear feet of fill in surface water in addition to a total of 20 feet Division 5, 2612 N. Duke Street, Durham, NC 27704 Phone: (919) 560-6081 Fax: (919) 560-3371 2 of rip rap along the stream banks. The work zone at this site will be temporarily dewatered for approximately 1 day. This will involve the temporary placement of sandbags upstream and downstream of construction. Once the stream has been dewatered, the new pipe will be set. Temporary concurrent impacts to the stream from this activity will result in dewatering 24 linear feet of stream. The materials used for dewatering will be removed after construction. Riparian Buffer Impacts The project is located in the Roanoke River Basin. Therefore, construction will be completed without impacts to protected riparian buffers. Waters of the U.S./Riparian Buffer Mitigation Avoidance: All wetlands and surface waters not affected by the project will be protected from unnecessary encroachment. No staging of construction equipment or storage of construction supplies will be allowed in wetlands or near surface waters. Minimization: The side slopes have been steepened to the extent possible at jurisdictional sites. Strict enforcement of sedimentation and erosion control Best Management Practices for the protection of wetlands and surface waters will be enforced during project construction. Continued coordination will occur with maintenance forces and the Environmental Officer during construction to minimize impacts to these sites. Compensator~tigation: All compensatory mitigation requirements will be left to the discretion of the regulatory review agencies. Protected Species Plants and animals with federal classifications of Endangered, Threatened, Proposed Endangered and Proposed Threatened are protected under provisions of Section 7 and Section 9 of the Endangered Species Act. As of March 2007, the dwarf wedgemussel (Alasmidonta heterodon), bald eagle (Haliaeetus leucocephalus), smooth coneflower (Echinacea laevigata), and harperella (Ptilimnium nodosum) are listed as federally protected species in Granville County. The UT to the Aarons Creek is very small, within the headwaters of its drainage system and does not provide suitable habitat for mussel fauna, nor does it provide suitable habitat for harperella. Joe Currin Road is not adjacent to nor is it surrounded by open water suitable of supporting foraging habitat for the bald eagle. The roadway shoulders along Joe Currin Road are regularly maintained from the gravel to the woods line, eliminating the possibility for smooth coneflower to exist in this area. Additionally, a review of the Natural Heritage Program database (last updated Fall 2006) revealed no occurrences of protected species within the project area. Therefore, based on lack of suitable habitat observed during the 03/05/07 site visit and the NHP database review, biological conclusions of No Effect have been rendered for each of these species. 3 Historical Compliance This project has been screened by all pertinent parties to ensure historic compliance. Summary NCDOT proposes to upgrade and pave SR 1326A (Joe Currin Road) in Granville County. Permanent impacts, associated with surface water fill and rip rap used for bank stabilization are proposed to Waters of the United States. Additionally temporary concurrent dewatering is proposed to the work sites. The project is located in the Roanoke River Basin. Therefore, construction will be completed without impacts to protected riparian buffers. All compensatory mitigation requirements will be left to the discretion of the regulatory review agencies. Application is hereby made for a Department of the Army Section 404 Nationwide Permit (NWP) 14, NWP 33, and NCDENR-DWQ Section 401 Water Quality Certification (WQC) No. 3404 and WQC No. 3366 for above-described activities. An automated payment procedure has been implemented between the NCDOT and NCDWQ. This procedure will enable the Division to apply for the 401 WQC without submitting a check for this permit application. This procedure will provide payment to the NCDWQ by charging the permit application fee of $200.00 directly to the appropriate NCDOT WBS element SC.039032. Apre-construction notification is attached with this request. If you have any questions or need additional information, please contact Ms. Heather Montague at (919)560-6081. Sincerely, 11 w~ ~k~Wn'`a'L-- ~~ J.W. Bowman, P.E. Division Engineer cc: Mr. Rob Ridings, NCDWQ Transportation Permitting Unit Ms. Tasha Johnson, NCDOT Dist 2 Engineer Mr. Mike Harris, NCDOT Granville County Maintenance Engineer Mr. Donald Pearson, NCDOT Roadside Env Field Ops Photograph 1. View downstream of outlet. x~ ~'~ .~ SR 1326A (Jce Currin Road) Granville County -Site 1 at STA 86+30 i t , r ~ r , ~.., ~. v~ , ~, , . ,~ ,.:.i" ~., ~, f sr- s~~ 5,, ~. r Nt i ~ ~ r' .T begin Project ;~ ~_~ '~ ~ ~ ~ ~;~.~ =;~~. ` ~ r~ - , `~`.. 1 r' ~ , a 4.~; ,a ~~...,~~ ,~; r''s ~~ s G 1 ~.~. LLr:1l~, 11VI li.V ,1 V~ ,`ll_T11I~ l.•I,.l l 11.1.. . 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T I I I i -- v -~I 3 I I + I v- v I I ' I I N O I I I I I I 1 L I I I I I I I I I I I I I I I I I I I I I ~ I I I I I ~ a; I I I 1 I v' t L i ~ ; i I I ~ I I ~ I I I a oL; I I 7 I I o ~ i~L I I I ~ I I _a L ' ~ I N I O I 4. n v 1 / \ Jh 17' I I /G \ F- w I I 1 --T I I I I I I ~ i N I I M I I I I I I I I I I I I I I I ¢ I I N I I I I I I I I I I I I I I I I 1 I I I I I I I I } I _ I m ~ I I o ; I I L I ~' I T I o IE } 3 ~ 1 4- I ~ I N O I c O 1 L N .i w ~~ ~~ ~\~\ 0 ~ ~ a a o ~ ,~ ~ o M ~ ~ C ;~, s~U~ ~ ~ ~ ~ • M ~ ~ ~ C ~ `o ~ "'~ M ~ D ~ ~ rri.+ VJ r^ G% m Y v 7 _o ~ > C L L N ~ a + E v 3 ~ ~ O ~ } L ~ O N ~ E U v a 1 Office Use Only: Forth Version Mttrch O$ USACE Action ID No. DWQ No, 2 ~ ~ 7 ~ 4 4 ~ (!f any particular item is not applicable to this project, please enter "Not Applicable" or "NiA".) I. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ^ Riparian or Watershed Buffer Rules ^ Section 10 Permit ^ Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ^ Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 14 and NWP 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ^ 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for instigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ^ 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ^ II. Applicant Information Owner/Applicant Information Name: NCDOT Division 5 J.W. Bowman Mailing Address: 2612 N. Duke St. Durham NC 27704 Telephone Number: (919) 560-6851 Fax Number: (919) 560-3371 E-mail Address: wbowman(a~dot.state.nc.us 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Company Affiliation: Mailing Address: Telephone Number: E-snail Address: Fax Number: Page 1 of 8 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USAGE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Proposed replacement of a structure conve~~ unnamed tributary to Aarons Creek in association with upgrading and paving on SR 1326A (Joe Currin Road) in Granville County. 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 4. Location County: Granville Nearest Town: Oxford Subdivision name (include phase/lot number): N/A Directions to site (include road numbers/names, landmarks, etc.): From Oxford take Hwy 96 North towards Vir~ilina Stovall pass by Oak Hill and then take the second left on SR 1328 1Charlie Stovall Road). SR 1326A (Joe Currin) is the first roadway on the right. 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): Site 1: 36.4795 °N 78.7550 °W 6. Property size (acres): 17.9 acre (Project is 2.47 mi long) 7. Name of nearest receiving body of water: UT to Aarons Creek 8. River Basin: Roanoke (Note -this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Sites are surrounded by wooded areas and agricultural land. Page 2 of 8 10. Describe the overall project in detail, including the type of equipment to be used: Grade, drain, pave, and erosion control at SR 1326A (Joe Currin Road). The NCDOT will also dewater the work site during construction. Equipment may include excavator backhoe bulldozer, grader, and crane. 11. Explain the purpose of the proposed work: The project is part of the secondary road paving program. The existing_gravel roadway will be paved with asphalt. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain.. Include the USAGE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. N/A V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. N/A VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: Existing pipe (at Site 1) will be replaced with longer lengthpipe in association with this secondary road project. The NCDOT will also dewater the work site during construction. Page 3 of 8 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, till, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to tenth ctnictnre and flnnrlina - Wetland Im act P - T ype of Wetland Located within Distance to Area of Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact (indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres) (yes/no) (linear feet) N/A Total Wetland Impact (acres) N/A 3. List the total acreage (estimated) of all existing wetlands on the property: N/A 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of till or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage, multiply length X width, then divide by 43,560. Stream Impact Perennial or Average Impact Area of Number Stream Name Type of Impact ' Stream Width Length Impact (indicate on map) Intermittent ? Before Im act (linear feet) ) (acres Site 1 UT to Aarons Crk Fill (piped length) intermittent 2'0 4 0.0002 Rip rap armoring Along stream bank 20 0.0009 Temporary 24 0.0011 dewatering concurrent concurrent Total Stream Impact (by length and acreage) 24 0.0011 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dred~in~. floodin>?_ draina~e_ hulkheads_ etc.. Open Water Impact Name of Waterbody _ Type of Waterbody Area of Site Number (~f applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact (indicate on ma) ocean, etc.) (acres) N/A Total Open Water Impact (acres) N/A 6. L1St the Cumulative impact to all Waters ~f the 11_S_ resultin¢ from the nrniect• Stream Impact (acres): 0.0011 Wetland Impact (acres): NONE Open Water Impact (acres): NONE Total Im act to Waters of the U.S. (acres 0.0011 Total Stream Im act (linear feet): 24 Page 4 of 8 7. Isolated Waters Do any isolated waters exist on the property? ^ Yes ®No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USAGE. 8. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Current land use in the vicinity of the pond: N/A Size of watershed draining to pond: N/A Expected pond surface area: N/A VII. Impact Justification (Avoidance and Minimization) Specifically. describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. All wetlands and surface waters not affected by construction will be protected from unnecessary encroachment during construction. Strict enforcement of Best Management Practices for the protection of wetlands and surface waters will be enforced during construction. Only the smallest amount of fill necessary to complete the project will be placed in waters of the United States or riparian buffers. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USAGE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable Page 5 of 8 mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at httpa/h2o.enr.state.nc.us/ncwetlands/strmgide html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. All compensatory mitigation requirements will be left to the discretion of the re ug_lator~ review a encies. 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.us/wrp/index htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount ofNon-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A ___ IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ® No ^ 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ^ No Page 6 of 8 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^ X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), I SA NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), oc other (please identify )? Yes ^ No ^ If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet) Multiplier Required Mitigation 1 N/A 3 (2 for Catawba) N/A 2 N/A 1.5 N/A "fotal N/A N/A * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zonc 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration /Enhancement, or Paymen Riparian Buffer Restoration Fund). Please attach all appropriate information as within 15A NCAC 2B .0242 or .0244, or .0260. N/A XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. There is 12.5 acre existing impervious surface (avg 42 foot wide gavel road. 2.47 mile nroiectl of the 17.9 acre oroiect size. The proposed impervious surface is less than have of the original and will be approximately 5.9 acre (proposed 20 foot wide asphalt paved road 2.47 mile project) of the 17.9 total project size. Erosion and sediment control devices along the project are comprised of temporary rock silt checks, temporary silt basins, and temporary silt fence. The temporary structures will be removed once the vegetation has been established and then reseeded. t into the identified Page 7 of 8 XII. Sewage Disposal (required by DWQ) 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. This project will not generate wastewater XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ^ No Is this an after-the-fact permit application? Yes ^ No XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ^ No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.em•.state.nc.us/ncwetlands. If no, please provide a short narrative description: Upgrading SR 1326A will not result in additional development XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). ~otati~r»~.~ FfWin o 3 0 9/0~ Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 8 of 8