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HomeMy WebLinkAbout20031308 Ver 1_COMPLETE FILE_20031023O?OF W A T ?RpG r December 1, 2003 DWQ# 03-1308 Pamlico County Mr. William Forest Tingle 1117 Neuse Drive Oriental, NC, 28571 APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr. Tingle: You have our approval, in accordance with the attached conditions, to place fill in 0.04 acre of non-vegetated wetlands/basin bottom in order to backfill an existing boat basin and construct a bulkhead at the mouth of the basin on your property at 1117 Neuse Drive in Oriental, Dare County, as described in your application received by the Division of Water Quality on October 23, 2003. After reviewing your application, we have determined that this fill is covered by General Water Quality Certification Number 3400, which can be downloaded from our web site at hftr):Hh2o.enr.state.nc.us/ncwetlands . This Certification allows you to use your CAMA Permit when issued by the NC Division of Coastal Management. 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, Non-Discharge, Water Supply Watershed, Coastal Stormwater and U.S. Coast Guard regulations. Also this approval will expire when the accompanying 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 in writing and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the 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). For this approval to be valid, you must follow the conditions listed in the attached certification and the additional conditions listed below: 1. You are required to return the attached Certification of Completion form to notify DWQ when all work included in the 401 Certification has been completed; 2. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 3. micnaw r. Ga6ley, uvVul-- William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Preconstruction Notice Application. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur; N. C. Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) s) (919) 733-1786 (phone), 919-733-6893 (fax), (http://h2o.enr.sLtte.nc.us/ncwetland Customer Service #: 1-877-623-6748 Mr. William Forest Tingle December 1, 2003 Page 2 of 2 4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project; 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 conforming to Chapter 1506 of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. 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 Tom Steffens in our Washington Regional Office at (252) 946-6481 or Cyndi Karoly in our Central Office in Raleigh at (919) 733-9721. Sincerely, r! . !/ Alan W. Klimek, P.E. F AW K/cbk Attachments cc: Corps of Engineers Washington Field Office Washington DWQ Regional Office Central Files File Copy Doug Huggett, DCM Robert E. Prescott, 141 Tara Trail, Grantsboro, NC, 28529 031308 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., secretary 0. October 22, 2003 MEMORANDUM: TO: Mr. John R. Dorney Environmental Biological Supervisor Division of Water Quality FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: William Tingle WEpS 1401 GROUP % 3 2003 01MProject Location: Pamlico County: OffofNC 55 at 1117 Neuse Drive on the Neuse River in Oriental Proposed Project: The applicant proposes to backfill an existing 50' long boat basin to the height of the adjacent high ground and to construct a 35' long vinyl bulkhead at the mouth of the basin. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 12, 2003. If you have any questions regarding the proposed project, please contact Tracey Wheeler at (252) 808-2808. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper Development Type F== (14300 1601 435100093 1625 6253) (24300 1602 435100095 2341) 1. Private, non-commercial development that does not involve 5250 100% (5250) 0% (SO) the rifling or excavation of any wetlands or open water areas: it. Public or commercial development that does nct involve the filling or 5400 100°0 (5400) 0% (SO) excavation of any wetlands or open water areas: III. For development that involves the filling and,'or excavation of up to 1 acre of wetlands andj'or open water areas, determine if A. 8, C. or D below applies: III(A). For Private, noncommercial development, If General water Qua5ty 5250 J 100°6 (5250) 0% (SO) Certification No 3301 (see at:ac;ned) can be applied: III(8): Fcr public or commercial deve!opme^t, if General water Quality S4rO 100°,6 (5400) 0°6 (SO) Certification No.3301 (see attached) can be ap;.fed: III(C). If Genera' '.'later Qualily Certification No. 3301 (see attached) could be applied, but DCM sta" determined that additional review and 5 :0 60°6 (5240) 40% (5160) written DY Q concurtence is needed because c` concerns related to water quality or ag-tatic l;`a: III(D). If General Vlater Quality Certification No. 3301 (see aCac.hed) S 0 601,6 (5240) e0% (5160) can not be applied: / IV. For development that involves the riling a-,d/or excavation of more $475 60% (5265) 40°,6 (5190) than one acre of wetlands and/or open water areas: DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: William Tingle PROJECT NAME: 2. LOCATION OF PROJECT SITE: Pamlico County off of NC 55 at 1117 Neuse Dr. on the Neuse River in Oriental. Photo Index - 2000: 78-858 Q15 1995: 78-853 07 State Plane Coordinates - X: 2,691,400 Y: 471,800 Oriental Quadrangle Lower Left GPS File # To Be Forwarded 3. INVESTIGATION TYPE: CAMA & D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 24 March 2003 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received - 13 October 2003 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Pamlico County Land Classification From LUP -Developed (Land), Conservation (Water) (B) AEC(s) Involved: PTA, EW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Septic tank Planned - N/A (F) Type of Structures: Existing - Storage building, bulkhead, riprap, basin Planned - 35' of bulkhead and backfill in basin (G) Estimated Annual Rate of Erosion: None Source - Applicant 7. HABITAT DESCRIPTION: [AREA] (A) Vegetated Wetlands (B) Non-Vegetated Wetlands I I 1,750 ftz Basin Bottom (C) Other Uplands (D) Tntnl Aren niOnrhed- 1.75(1 ft` x_04 ac (E) Primary Nursery Area: No (F) Water Classification: SA HQW NSW Open: Yes 8. PROJECT SUMMARY: Applicant proposes backfill an existing 50' long boat basin to the height of the adjacent high ground and to construct a 35' long vinyl bulkhead at the mouth of the basin. William Tingle Pamlico County Project Setting The applicant owns a 0.5-acre parcel of land adjacent to the Neuse River off NC 55 at 1117 Neuse Drive in Oriental, Pamlico County, North Carolina. The site is an undeveloped residential lot that is vegetated with a mix of pines and upland grasses. There is an existing 35' by 50' boat basin that was excavated out of high ground. The basin is located almost in the center of the property. Water depths in the basin range from -0.25' to -0.5'. The basin bottom is sandy at the river end, with silt material becoming thicker more inland. There is no vegetation present in the existing basin. There is a 14' by 15' storage building on the property. A vertical bulkhead stabilizes the shoreline, and rock riprap has been placed waterward of the bulkhead to reinforce the stricture. Elevation of the property is 7 feet above the normal water level. The Neuse River is 3.4 miles wide at this location. The property is located in a residential neighborhood on the north shore of the Neuse River. The properties to the east and west of the project area are developed lots with single-family residences. Both properties have bulkheaded shorelines with riprap placed waterward of the bulkheads. Uplands on the lots are vegetated with landscape plants, mixed pines, upland grasses and scattered pine trees. At this location, the Neuse River is classified SA HQW NSW by the Environmental Management Commission. The property is located in the Neuse River Basin, and is subject to the Environmental Management Commission's (EMC) Neuse River Basin Nutrient Sensitive Waters Management Strategy. The waters are open to the harvesting of shellfish. Project Description The applicant proposes to backfill an existing 35' wide by 50' long boat basin to the height of the adjacent high ground. He proposes to construct a 35' long vinyl bulkhead across the mouth of the existing basin, connecting to the existing bulkhead on either side to contain the backfill and stabilize the new area of shoreline. Anticipated Impacts The project as proposed would result in the direct loss of 1,750 ft2 of open water habitat. Short-term localized turbidity would result from constriction of the bulkhead. Tracey L. Wheeler - 20 October 2003 Form PCM-MP-1 APPLICATION (To be completed by all applicants) fly ' ? m3 • b. City, town, community or landmark 1. APPLICANT c. Street address or secondary road number C c= a. Landowner: q ?? ?? ,?{ L /rl,? C d. Is proposed work within city limits or plannin; Name jurisdiction? Yes No Address Ne?LTSe= e. Name of body of water nearest project e.g. river. City, L State ?C creek, sound, bay) L Ci S? 7Jt?2_ ?2fC?!'?-'' Zip 20571 Day Phone 2,52'2y 1? --2322 3. DESCRIPTION AND PUNNED USE Fax OF PROPOSED PROJECT b. Authorized Agent: Name -A/ e/L??, Address I / 4< Q47 LI City v State • C' Zip 'Zrs Z Day Phone Z 5? . -07 3.7 Fax -c- c. Project name (if any) ?Y A a. List all development activities you propose (e.g. budding a home, motel, marina, bulkhead, pier, an,: excavation and/or filling activities. vd 6,+c& .d b. Is the proposed activity maintenance of an existing project, new work, or both? c. Will the project be f r pudic, private or commercial use? d. Give a brief description of purpose, use, methods of construction and dally operations of proposed project. If more space is needed, please ?Ph additional pages. : &I e of ti'y l "Lc,A.k' w / rr.v a ?.7.C ei itv ivN ? Z `tiZ /FJ?C ? 2 iN L Luc UW NOTE: Parrot will be hxw d in name of k ndo+? wft), a and/or ProleC Raw. 2. LOCATION OF PROPOSED PROJECT a. County Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 12- AV ICC_"5 b. Size of individual lot(s) l? . ACQ L: c. Approximate elevation of tract above MHW or NWL 4 d. Soil type(s) and textures of M.J e. Vegetation on tract ??t?te? ?x'2ES(cf?,d L Man-made features now on tract 0 g. What is the CAMA Land Use Plan land classification of the site? (Consult the la=1 land sere plaa.) Conservation Developed Rural Transitional Community Other h. How is the tract zoned by local government? lee-511 ol0_ SAL L Is the proposed project consistent with the applicable zoning? 1/ Yes No (dttodh Zoning eaepGanoe aentfi=e, rapplimble) j• Has a professional done for the trod? If yes, by whom?. k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes No L Are there wetlands on the site? Yes ,??o Coastal (marsh) Other If yes, has a delineation been conducted? (Anti docuwn ation, if awitable) archaeological assess-ent been Yes No in. Describe existing wastewater treytg.Pt facilit'es, n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industriaUcommercial effluent, 'wash down' and residential d' charges.) S ,(4c? !?• eve I w +ti -diU o. Describe existing drinking water supply source. L0"C9- 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: • A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. • An acawate, dated work plat (including plan view and cross-sectional drawings) drawn to scale in black ink on an 8 1R' by 11" white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line prints or other larger plats art acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stormwater Certification, if one is n?----sary • A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by ce:-flried mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant furzher certifies that such notice has be-en provided. Name P w Address Phone _44 0.25 7-z Name -^/C Address z /I -C- 6f S,-- / I'F Phone D?f r?v't ALL 7 R 5-7/ Name Address Phone • A list of previous state or federal pe.-mit< Lsue: for work on the proje= tract. Include permit number:, permittee,_and issuing dates. • A check: for $250 made payable to the Dep =ent of Environment, Health, and Natural Resourzes (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for proie_s in oceanfront and inlev areas. • A statement or compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a sta.ement documenting compliance with the North Carolina Environmental Policy Act. M T a pp; 6. CER'IMCATION kN-D PER-NaSSION TO ENTER ON LAIND I understand that any permit issued in response to this application will allow only the development described in the application. The projer: will be subier-- to condition, and restrictions contained ;n the permit. I c.-tify that to the best of my imowledge, the propose:: activity complies with the State of Noah Carolina's approved Coastal Management Progr^zm and will be conducted in a manner comistent with such prog-am. I certify that I am author-::.:d to g-ant, and do in fact, grant permission to representatives of sate and federal review agencies to enter on the aforementioned lands in connection with evaluating informa.ion reia.5d to this permit application and follow-up monitoring of the project. I further ce:-tity that the information provides in this application is truthful to the best of my L-nowledge. This is the 2- day of Print Name S ipature v a - or ?utF cr'.:•J Arr Please indicate atrachments penzining to your proposed project- DCM MP-2 Excava ion and FUl Information DCM MP-3 Upland Development DCM MP-4 Structures Informason DCM MP-5 Bridges and Culverts DCM MP-5 Marina Development NOTE: Pfe=e sign and d--,e ea::e a ach,wn: in the space provided ar rre boron: o- eccn form. 400 conies of this public dncum°7,1 w5-p rrintP'1 nt n f-o'l of C:;7 CQ nr 1Z 1 ; ra- rnnv Form DCM-MP-2 EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Average Final Eidsting Project Len¢th Width Depth Death Access channel (MLV) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) O i •1 ?` X003 1. EXCAVATION a. Amount of material to be excavated, from below MHW or NWL in cubic yards b. Type of material. to be excavated X/A c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? Yes y No d. Highground excavation in cubic yards 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area N? b. Dimensions of disposal area NA c. Do you claim title t disposal area? Yes No If no, attach a letter granting permission from the owner. d. Will a disposal area be ailable for future maintenance? Yes No If yes, where? Revised 03/95 Form DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs er wetlands? Yes No Does the disposal include any area in the water? Yes No 3. SHORELINE STABH.IZATION a. Type of horeline stabilization Bulkhead Riprap b. Length 3 S / c. Average distance wa erward of MHW or NWL d. Maximum distance waterward of MHW or NWL Shoreline erosion during preceding 12 months ,d/0 n/ 6:- (Source of information) f. Type of bulkhead or riprap material g. Amount of fill in cubic yards to be placed below water level (1) Riprap (2) Bulkhead backfill P?W?7,6t? e4 S h. Type of fill material i T- i. Source of fill material C464-21 1,4 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? l?Yes No If yes, (1) Amount of material to be placed in the water /qtl a".-'C- 0461 (2) Dimensions of fill area 60)(3,D (3) Purpose of fill "C-/ // /yiAiC/ Ih?o b. Will fill material be placed in (marsh), SAVs or other wetlands? Yes ?-' No If yes, (1) Dimensions of fill area coastal wetlands (2) Purpose of fill 5. GENERAL How will excavated or fill material be kept on site and erosion controlled.) 4&ht.4d : Arg.t. l.rc,r. 4/l Ode * --;QPd n 4,0" / P to - t d n/ b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? r ? W/ G C. Will wetlands be cr,ssed in transporting equipment to project site? Yes _?1Vo If yes, explain steps that will be taken to lessen environmental impacts. Appli or t Sig ure ? // 7 Id Date Revised 03/95 Form DC,tii-.NIP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAW Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application which relate to this proposed project. a. Do )/or Pier(s) (1 Commercial -Community - Private (2) Number (3) Length (4) Width (5) Finger Piers Yes __Z=z4No (i) Number (ii) Length (iii) Width _ (6) Platform(s) Yes No (i) Number ?A- (ii) Length /I (iii) Width (7) Number of slips proposed (8) Proximity of structure to adjacent riparian property lines (9) Width of water body (10) Water depth at wacerwar I end of pier at NfLW or N-WL b. Boathouse i luding covered lifts) (1) d. Breakwater (e.g. wood, sheetpile, etc.) I//)Ue// (1) Length (2) Average distance from MHW, NWL or wetlands (3) Maximum distance bevond MHW, NWL or wetlands ? t e. M oys O Commercial -Community _ Private (2) Number (3) Description of buoy (Color, inscription, size, anchor, etc.) (4) Width of water body (5) Distance buoy(s) to be placed beyond 'shoreline f. Mooring structure (boatlift, mooring pilings, etc.) (1) _ Commercial _Community _ Private (2) Number (3) Length (4) Width g. Other (Gve complere descr'prion) l i r? Ap nt oc) Projec/t ame () Signature , cl) `? Date Comme r? (Z) Length Private (3) Width c. Groin e-?Ad' sheetpiie, etc) . ber ('-) Length(s) Rrvitrd 03/9 a` 'J". 3 M, O O 0 0 IN 3 g n z tTION??LLOT13&14 TOTbL AREA. 8.327++/- sq.ft 0.42 +/- acres CH?? Doe pEk ?A7J vreL 4-s 0 ' o t s' tea. ?ff? s FRA4C S C M z LOT 14 DEED BOOK 42, PAGE 2,31 3, Co o? l ? o a /z 00 13 Q:C $ IQ O .. aL ?a 1 y?.es' / ?ssa' 5 . . 01 ?- END BULK HEAD AVERAGE MEAN HKA-WATER UNE 120 ` _°! ..(?' IRON SET ON UNE 224-v 'N of S 1? DEED LOT 15 & z L TO 'a 49, 47: 1 1 1.14 L5 M7 ; 3 200. . NEU$E RIVER M now A i as 4 1 ?- "i". 3 ?• 10 4 •10 ?? ?\a. nM4 t - 9- 1? r 1 0b r Plan View William Tingle 1114 Neuse Dr. Oriental, NC 19 July 2003 T Plat 2 ofyl*.e ? Z:5 JUL 2 2003 ?v A-5 jf +-46 -0C- '' a as e a ??v C tiw?? -- 1, s- ?'U C-j L? c3? c(T X16- (lcpN} c4d u e)P- 644afc1 ,JUL. ? L 2003 i 3--d 0 t, ? ? °o), A *,/ex- 2 2T", &yg&4? 3,6 /a 5° Basin Cross Section William Tingle 1114 Neuse Blvd Oriental NC 10 October 2003 Plat 4 of 4 Scale: 1"=10' 5' Existing Bulkhead Area to be Filled Normal Water Level 5' I Existing bottom c.r -1.50 50' MEMORANDUM TO: John Dorney Non-Discharge Branch Regional Contact: tom steffens WO Supervisor: Roger Thorpe Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name William Tingle County Pamlico Project Number 03 1308 County2 Recvd From DCM Region Washington Received Date 10/23/03 Recvd By Region Project Type construction of vinyl b ulkhead Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. ME CAMA basin FT O -NF--F-27-14, SA NSWHQ 30,410. 0.04 Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? Q Y O N Did you request more info? Q Y Q N Have Project Changes/Conditions Been Discussed With Applicant? Q Y Q N Is Mitigation required? p Y p N Recommendation: Q Issue O Issue/COnd O Deny Provided by Region: Latitude (ddmmss) Longitude (ddmmss) Comments: Issue n/c cc: Regional Office Central Office Page Number 1