20040686 Ver 1_Complete File_20040428

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DWQ Project No.: 7-0040684
Applicant:
County: 6df %S
Project Name: IVc, 137 yvit?thIno re.54pfdcd NO
Date of Issuance of 401 Water Quality Certification: _ _.J ^ II
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is r? mired 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:
1, , 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 X Final
1, , as a duly registered Professional Engineer in the State of North .4. Hyzjrn Caro Tina, 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 Cert' cation and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature 6L?? a - &.x, Registration No. d ZZo &
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Date 4 b? 0
?0 WATF9o
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APPROVAL of 401 Water Quality Certification
Mr. Don Connor, PE
Division Engineer
NCDOT Division 1
113 Airport Dr, Suite 100
Edenton, NC 27932
Dear Mr. Connor:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
May 11, 2004
GA+es Can County
DWQ Project No. 040686
NCDOT No. MAO 1007R
WETLANDS/ 401 GROUP
liM/' ? i ,S mll?'
WATER QUALITY SECTION
You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 12
linear feet of streams for the purpose of widening and resurfacing NC 137 in Gates County. The project shall be
constructed in accordance with your application dated March 22, 2004 (received April 1, 2004). After reviewing
your application, we have decided that General Water Quality Certification Number 3404 covers this fill. This
certification corresponds to the Nationwide Permit 14 issued by the Corps of Engineers. In addition, you should
acquire any other federal, state or local permits before you proceed with your project including (but not limited to)
Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval will expire
with the accompanying 404 permit, unless otherwise specified in the Water Quality Certification.
Impacts Approved:
The following impacts are hereby approved as long as all of the other specific and general conditions are
met. No other impacts are approved including incidental impacts:
Amount Approved
Units Plan Location or Reference
Stream 12 (feet) Site 1 UT to Indian Creek & Site 2 UT to
Cole Creek
404/CAMA Wetlands (acres)
Waters acres
Buffers
ft.
(square
This approval is valid solely for the purpose and design described in your application (unless modified below).
Should your project change, you must notify the DWQ and submit 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 the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total
impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as
described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the
conditions listed in the attached certification.
1.) The culverts required for this project shall be installed in such a manner that the original stream profiles are not
altered. Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal profile)
are to be maintained above and below locations of each culvert. The culverts shall be designed and installed to
allow for aquatic life movement as well as to prevent head cutting of the streams. If any of the existing pipes
AM
RaDEP;?:
N. C. Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 [phone]
Customer Service: 1 800 623-7748
1
? WATE Michael F. Easley, Governor
0 R William G. Ross Jr., Secretary
\OC1 OG North Carolina Department of Environment and Natural Resources
Uj Alan W. Klimek, P.E. Director
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are or become perched, the appropriate stream grade shall be re-established or, if the pipes installed in a perched
manner, the pipes shall be removed and re-installed correctly.
2.) Upon completion of the project, the NCDOT shall complete and return the enclosed "Certification of
Completion Form" to notify DWQ when all work included in the 401 Certification has been completed. The
responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the Division of
Water Quality upon completion of the project.
3.) The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15A
NCAC 2B.0200. Appropriate sediment and erosion control practices must be used to meet this standard.
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 that conforms
to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447,
Raleigh, N.C. 276 1 1-7447. 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 contact Mike Thomas at (252)-946-4287 ex. 281.
Sincerely,
o
an W. K9ek,P-E-
Attachment
cc: Wilmington District Corps of Engineers
DWQ Central Office
File Copy
Central Files
c:\ncdot\ \wqc\ wgc.doc
Sah?100 S147&
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V
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GoVERNOR
March 31, 2004
LYNDo TIPPETT
SECRETARY
U.S. Army Corps of Engineers WETLANDS 1401 GROUP
Washington Regulatory Field Office
P.O. Box 1000 APR 0 Y 2004
Washington, NC 27889-1000 WATER
ATTENTION: Mr. Bill Biddlecome1' SECTION
NCDOT Coordinator
SUBJECT: Replacement of 2 existing pipes under NC 137 in Gates County; Moving Ahead
Program, State Project No. MAO 1007R W o -*?- 3 7 ?5'y'
Dear Sir:
Please find attached the Pre-Construction Notification (PCN) Application Form for the above
referenced project. As a part of the Moving Ahead Program, the North Carolina Department of
Transportation (NCDOT) proposes to perform maintenance activities that include pavement
strengthening, resurfacing, guardrail installation and pipe replacements to improve safety along 8.4 miles
of NC 137. The affected length of NC 137 begins at the intersection of NC 137 with SR 1111 and
continues to US 13.
These proposed activities will impact two jurisdictional streams at two locations. Permanent
impacts to Waters of the US will be 12 linear feet of stream. The stream impacts involve the additional
length of pipe to be installed at Sites 1 and 2. There will be no wetland impacts associated with this
project.
If you have any questions, please contact Clay Willis at [phone].
Sincerely,
Don Conner, Division Engineer
Division 1
Clay Willis, Environmental Supervisor `
Cc: Mike Thomas, DWQ
John Hennessey, DWQ
Rob Ridings, DWQ
NC 137 Road Restoration Project, Gates County
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Office Use Only 04,0686 Form Version May 2002
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing 1
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer
? Section 10 Permit ? Isolated Wetland Permit from
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide Permito
3. If this notification is solely a ourt esy copy because written approval for the 401 Certi
is not required, check here:
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), 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
1. Owner/Applicant Information
Name: North Carolina Department of Transnortati
Mailing Address: 113 Airport Drive, Suite 100
VA--+-- ATr 11017
Telephone Number: [phone] Fax Number:
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization
must be attached if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
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
USACE 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: Moving Ahead Prog am - NC 137 from US 13 to SR 1111
2. T.I.P. Project Number or State Project Number (NCDOT Only): MA01007R
3. Property Identification Number (Tax PIN):
4. Location
County: Gates Nearest Town: Gatesville
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): Take NC 37 to Gatesville then
turn left on NC 137 The project begins in Gatesville and continues to Storvs on NC 137.
5. Site coordinates, if available (UTM or Lat/Long): (Site 1) 36 26' 0.83" N 76 53'19.15"W
(Site 2) 3624'21.71"N 7646'06.46"W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 50 acres
7. Nearest body of water (stream/river/sound/ocean/lake): Sarem Creek, Cole Creek and
Bennets Creek
8. River Basin: Chowan
(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: Land use is generally rural residential, agricultural, and
undisturbed with small pockets of commercial
Page 6 of 12
Describe the overall project in detail, including the type of equipment to be used:
The proposed work involves strengthening and resurfacing the existing pavement, pipe
replacements and guardrail installation. The equipment needed is normal paving equipment
including pavers and rollers and grading equipment including backhoes and dump trucks.
10. Explain the purpose of the proposed work: Maintenance and improved safety of the road
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 USACE Action ID Number, DWQ Project Nuinber, 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.
No permits have been requested or obtained for this roadway in association with the current
Moving Ahead Project
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.
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. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must 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: Site #1: The existing 42'-36"
reinforced concrete pipe will be removed and replaced with a 48'-36" reinforced concrete
pipe Site #2• The existing 42'-24" reinforced concrete pipe will be replaced with a 48'-36"
Page 7 of 12
reinforced concrete pipe Permanent impacts to 12 feet of iurisdicitional stream will be
impacted as a result of the pipe extensions
2. Individually list wetland impacts below: NONE
Wetland Impact
Site Number
indicate on ma)
Type of Impact* Area of
Impact
acres Located within
100-year Floodplain**
es/no Distance to
Nearest Stream
linear feet)
Type of Wetland***

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, tui,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fema.jzov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 3.0 acres
Total area of wetland impact proposed: None
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
indicate on ma linear feet Before Impact leasespecify)
1 Pipe Fill 6 UT to Buckhorn Creek 2-4 feet Perennial
2 Pipe Fill 6 UT to Cole Creek 2 feet Intermittent
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditch ing/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.cont,
www.mapguest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 12 linear feet
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below: None
Open Water Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
Page 8 of 12
5. 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
Size of watershed draining to pond: Expected pond surface area:
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.
Impacts will be minimized by performing all pipe replacement and extension activities from the
existing roadway. Excavation will be confined to the right of way and the amount of fill will be
limited to the minimum amount required for roadway safety and achievement of proper slope.
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.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, 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
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.
Page 9 of 12
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 NCWRP 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
http://h2o.enr.state.nc.us/ncwet]ands/stnngide.htmi.
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.
N/A
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/=/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three 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 of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX.
Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ® No ?
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 [phone] to review current thresholds for environmental documentation.
Yes ? No
Page 10 of 12
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.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No ® If you answered "yes", provide the following information:
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 3
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 213 .0242 or .0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (both 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.
Impervious area for the project will remain the same
Page 11 of 12
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.
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. 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).
96#-?
e3h,0
Applicant/A?ent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
imap:Hrob.ridings%40dwq.denr.ncmai I.net @cros.ncmai I.net:143/fet...
Subject: Permit changes
From: Mike Thomas <[e-mail]>
Date: Wed, 28 Apr 2004 08:47:58 -0400
To: Rob Ridings <[e-mail]>
Hi Rob,
Here is a list of the projects that were changed from NW3 to NW14 in Division 1.
1. SR1226 in Chowan County dated March 26, 2004 DOT # MA01017R
2. SR1340 in Northampton County dated March 24, 2004 Dot # 1C066034
3. NC 137 in Gates County dated March 31, 2004 DOT # MA01007R
4. NC 34 in Currituck County dated March 22, 2004 DOT # MA01005R
Let me know if you need any other info on these and if you would let me know when you
have them entered. Thanks
rn•?::
I)V:'O

1 of 1 4/29/2004 12:08 PM