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HomeMy WebLinkAbout20110944 Ver 1_401 Application_20111011EQUINOX ENVIRONMENTAL 4, .J LETTER OF TRANSMITTAL 20110044 U9@R0W[q L ,?PAIM 90 To: Chuck Cranford 1 4 2011 ()ENR WAIERt}UAUri' From: Fred Grogan WETLgNGSANDSrORMWgR BRANCH Date: 10-17-11 Project: Lake Lure / Morse Park Wetland Enhancement Application Copies Date Description 5 09-08-11 Wetland Enhancement Narrative and PCN 1 10-12-11 Application fee check in the amount of $570.00) 1 8-24-11 Agent Authorization Form Items Being Sent: ? For Your Comments x For Your Approval ? Please Advise ? For Your Information ? Per Your Request x Per our Conversation ? Please call Comments: Chuck-Please find the enclosed PCN, Narratives, and application fee per the requirements of a Nationwide 27 permit. As we discussed, this application was sent to USACE on September 9th and is awaiting approval. Please contact me with any questions @ 828-253-6856 xt 203. Thanks, Fred "CONFIDENTIALITY NOTICE" This transmittal is intended only for the use of the individual or entity to which it is addressed and may contain privileged information and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any disclosure, distribution, or copying of this information is strictly prohibited. If you have received this transmission in error please notify us immediately and return the documents to us via U.S. Postal Service. Equinox Environmental 37 Haywood Street Asheville, NC 28801 (828) 253-6856 AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION: DEED BOOK AND PAGE: 606/749 & AD/2272 f I '5'J 09 PARCEL ID: 1604697 & 1627659)± STREET ADDRESS: WEfiUWGaAN?s?pRM?A EIRBRANCN 2930 Memorial Hwy Lake Lure NC, 28746 Property Owner: Town of Lake Lure The undersigned, registered property owners of the above noted property, do hereby authorize Fred Grogan, of Equinox Environmental (Contractor / Agent) (Name of consulting firm) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or certification and any and all standard and special conditions attached. Telephone: We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. Authoriz7!: Authorized Sig re Date: Date: jb,? .?. a/i y// J Morse Park ,P PF1 .? .'Wetland Enhancement Narrative ICT 2 4 2011 September 08, 2011 DENR-WATFR01IA;! , 'VV1-. !. ANI S AND UORMWATRR BRANCH Existing Site Conditions Morse Park and the adjacent Lake Lure Marina are both located on the "municipal property" which houses the Town Hall, recreation facilities, as well as auxiliary structures such as restrooms. This property forms a peninsula in to Lake Lure which was man made from lake dredged material which was built up to support these uses. Elevation variations are constrained considerably which limit the ability for the site to properly drain. As a result, rainfall drains slowly (when at all) from the site which overtime has lead to the formation of wetlands. The subject site is intended to receive drainage from the parking area for Morse Park and the Lake Lure Marina. Within the park, there are currently 3 somewhat distinct wetland areas. Only one wetland (effectively a stormwater conveyance ditch) accepts water from the parking area before releasing it directly into the lake. The other two are "off-line" maintained by water table and rain that falls around them with little variation in micro topography. W 1 (as referenced on the PCN and Wetland Enhancement Exhibit and Calculation plan) is a stormwater conveyance ditch that extends from the southwest corner of the dredge spoils area along the toe of slope to the small pond on the southern side of the peninsula. This man-made channel serves to drain the areas around the municipal center and parking areas. Water is currently directed to this channel which slowly allows water to flow to an existing pond which is tied to the water elevation of Lake Lure. Because the existing pond is tied directly to the lake via a culvert, little ecological benefit is gained from this feature. Due to many years of lack of maintenance, this channel has also begun to support trees and understory species that tend to favor wet environments. Wetland Enhancement Plan 47. N r F ,,, r ,rr r ?? w,Z Photo 1: standing stormwater slowly draining to W 1 contributing to conversion of hydric soils This plan is to serve the primary goal of ecological enhancements. Secondary goals include a variety of water quality, recreational, and educational functions. Integration of user needs into these plans provides the improved habitat necessary while exposing the user to ecological processes, building a stronger understanding of hydrologic functions and their interconnectivity to quality of life. After several concepts were explored a plan was crafted for the town of Lake Lure to incorporate their existing on-site wetlands into the drainage patterns to help serve greater ecological functions. Key functions of this plan are: To increase ecological function: The proposed grading work will create varying topography within the existing "off-line" wetland area. This will create additional zones that support plant diversity by providing different pool depths within the wetland. By creating permanent pools, shallow marshes and emergent wetland areas; this area will better serve as habitat for various amphibian species, wood ducks and mallards, and other aquatic birds and insects. Several invasive exotic plants were also found within the wetland area and the Town of Lake Lure will develop and implement an Invasive Exotic Management Plan for the long term control of such species. In addition, the creation of deeper pools (between 6"-12" in depth) will help control invasive species as some of the identified species Equinox Environmental Consultation and Design, Inc. 37 Hay_ wood Street, Suite 100, Asheville NC 28801 828.253.6856 www.equitioxeuvironmeiital.com cannot tolerate standing water. Excavation of the pools will also aide to remove the rootstock of the invasive plants. Native plants in the areas to be disturbed will be harvested, stockpiled and replanted to serve as supplement plantings for the wetlands as part of the Wetland Enhancement Revegetation Plan and will help reestablish the site. To address existing stormwater conveyance deficiencies (ponding in the parking areas): The enhancements suggested in this project will not only serve as habitat improvement, but as an opportunity to divert additional drainage areas into these locations which will act to recharge the different zones and provide some volume storage prior to outfall into the lake. By directing additional hydrology into these areas. the storage of pools will be sustained longer during periods of drought. A land i 1 bridge is proposed to divert the water that is currently out falling directly into the lake, into the enhanced wetland areas. This land bridge will permanently reduce the area of the pond O1 (from PCN) by 0.12 acres, from 1.37 acres to 1.25 acres. - - Approximately 700 if of 12" HDPE is proposed to convey stormwater from the existing low point in the parking area through this conveyance area. Approximately 250 if of this pipe network will effect W 1 permanently reducing the wetland area by 0.23 acres. This is the only permanent wetland impact to the site. To help mitigate this loss, approximately 0.10 acres of newly constructed wetland area is proposed with this work. By extending the flow path and increasing the volume capacity of the Photo 2: standing oil-laden stormwater existing wetlands, pollutant removal will be increased by approximately 2 in parking area pounds of total phosphorus, 2.5 pounds of total nitrogen, and 91 pounds of total suspended solids per year. This increased flowpath from inflow point to discharge point will be created by earthen berms, spillways, and pond micro-topography, also serves to improve settling conditions. (See Proposed Flow Pattern Diagram) To provide opportunities to incorporate wetland interpretation as an educational component of Morse Park: The Town of Lake Lure has the opportunity to create a "destination park" from this area. The park will loosely consist of four (4) "use areas" including formal gardens, lake overlooks, open use areas, and a wetland interpretive area all interconnected by a trail system. Realization of this destination park hinges heavily on the ability to create these separate use zones to provide appeal to a larger variety of users. As part of the design of the Wetland Enhancement Plan, interpretive signage discussing the ecological benefit of the wetlands is proposed. Funding can also be sought by the town to increase educational opportunities within the park through interpretive signage, as well as potentially integrating the park into the local school science curriculum for use as a field lab. Currently, the open fields in which events are held are hindered by rainfall as several low areas restrict positive drainage from the adjacent parking lots. By filling and piping through the low ditch that is now holding water, more recreation space will also be realized by the town of Lake Lure. This additional area will provide opportunities to hold more events and increase attendance. Increased attendance feeds back into increased visibility that will serve to educate the public about wetlands and their function to sustain life and improve water quality. Equinox Environmental Consultation and Design, Inc. 37 Haywood Street. Suite 100. Asheville NC 28801 828.253.6856 www.equinoxenvironmental.com w G..) M r) O n cV 1, In (O M cb a-) U-? O O N , N O? 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J 1 p L u I 1 1 d? .o Cj) C x LLJ N C J a? J O?O1? VV A TF9pG r O ,r Office Use Only: Corps action ID no. ___ ____ DWQ project no. _____ _____ Form Version 1.4 January 2009 TM A 1W Pre-Construction Notification (PCN) For -, Twr% A. Applicant Information- - ., 1. Processing 1 a. Type(s) of approval sought from the Corps: Q Section 404 Permit ? Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 27 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ? Yes ? No 1 d. Type(s) of approval sought from the DWQ (check all that apply): Q 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit ? 401 Water Quality Certification - Express ? Riparian Buffer Authorization 1e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ? Yes ?X No For the record only for Corps Permit: ? Yes ? No 1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu fee program. ? Yes ?X No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h below. ? Yes Q No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ? No 2. Project Information 2a. Name of project: Morse Park wetland enhancement 2b. County: Rutherford 2c. Nearest municipality / town: Lake Lure 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Town of Lake Lure 3b. Deed Book and Page No. 606/749 & AD/2272 3c. Responsible Party (for LLC if applicable): 3d. Street address: 2930 MEMORIAL HWY 3e. City, state, zip: Lake Lure NC 28746 3f. Telephone no.: 3g. Fax no.: 3h. Email address: Page 1 of 10 PCN Form - Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: X? Agent ? Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Fred Grogan 5b. Business name (if applicable): Equinox Environmental Consultation and Design, Inc. 5c. Street address: 37 Haywood Street 5d. City, state, zip: Asheville, NC 28801 5e. Telephone no.: 828-253-6856 5f. Fax no.: 828-253-8256 5g. Email address: fred@equinoxenvironmental.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 1604697 & 1627659 1b. Site coordinates (in decimal degrees): Latitude: 35°26'6.1 Longitude: 82°13'43. 1c. Property size: 15.28 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Broad River/ Lake Lure 2b. Water Quality Classification of nearest receiving water: Class C 2c. River basin: Upper Broad 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: Currently, the wetland located on the site is isolated and not serving significant ecological function as it is essentially a sink with no temporary of permenant pools. 3b. List the total estimated acreage of all existing wetlands on the property: 4.12 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 0 3d. Explain the purpose of the proposed project: To enhance wildlife and ecological function by creating greater diversity in land forms within the wetland area, remove invasive exotic plant stock, promote educational opportunities for all components of the project, and to increase the pollutant removal effectiveness of stormwater generated from the ad'acent parking area. 3e. Describe the overall project in detail, including the type of equipment to be used: Fine grading of the wetland areas will occur in order to create a more functional wetland system. Equipment will likely be a rubber track skid steer, back hoe, and bulldozer. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? ?X Yes ? No ? Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? ? Preliminary Q Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Liz Hair Agency/Consultant Company: Other: USACE Regulatory Field Office 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. June 22, 2011 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ? Yes ? No 9 Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ? Yes ?X No 6b. If yes, explain. Page 3 of 10 PCN Form - Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ?X Wetlands ? Streams - tributaries ? Buffers ? open Waters ? Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number Permanent (P) or Temporary T 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) W1 P Culvert Small-Basin Wetland Yes Corps 0.23 W2 T Excavation Small-Basin Wetland Yes Corps 1.32 W3 - Choose one Choose one Yes/No W4 - Choose one Choose one Yes/No W5 - Choose one Choose one Yes/No - W6 - Choose one Choose one Yes/No - 2g. Total Wetland Impacts: 1.67 2h. Comments: The extension of the pipe system from the parking area will impact *W1. This wetland will essentially be de-watered and filled to accommodate a pipe which will outfall into *W2. *W2 impacts are only manipulation of flow paths. *W2 will remain to function as a wetland, and upon completion will serve better ecological function. * refer to Wetlands Enhancement Exhibit and Calculations plan. 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 - Choose one - S2 - Choose one - - S3 - Choose one S4 - Choose one - - S5 - Choose one - S6 - Choose one - - 3h. Total stream and tributary impacts 3i. Comments: Page 4 of 10 PCN Form - Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individual) list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary T 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 P Fill Pond 0.12 02 Choose one Choose 03 Choose one Choose 04 - Choose one Choose 4f. Total open water impacts 0.12 4g. Comments: *01 is a small pond that is connected to the main body of Lake Lure via a culvert, therefore the water elevation is directly tied to the water level of the lake. Stormwater will be diverted from this pond into *W2. *Wetlands Enhancement Exhibit and Calculation plan 5. Pond or Lake Construction If and or lake construction proposed, then complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ? Yes ? No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If an impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ? Neuse ? Tar-Pamlico ? Catawba ? Randleman ? Other: 6b. Buffer Impact number - Permanent (P) or Temporary T 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet 6g. Zone 2 impact (square feet B1 - Yes/No B2 Yes/No B3 Yes/No B4 - Yes/No B5 Yes/No B6 Yes/No 6h. Total Buffer Impacts: 6i. Comments: Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Efforts have been made to preserve all existing wetland areas that do not need improvements to provide greater ecological functions. However, disturbance of certain areas of wetland are necessary in order to facilitate improvements. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Access to the work proposed will be conducted along the periphery of all impacted areas as much as possible. Tree removal during construction will be minimized and oversight performed either by town staff or a consultant during construction will be stringent. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ? Yes ? No 2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps 2c. If yes, which mitigation option will be used for this project? ? Mitigation bank ? Payment to in-lieu fee program ? Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type: Choose one Type: Choose one Type: Choose one Quantity: Quantity: Quantity: 3c. Comments: 4. Complete if Makin a Payment to In-lieu Fee Program 4a. Approval letter from in-lieu fee program is attached. ? Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non-riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form - Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ? Yes ? No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund). 6h. Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ? Yes 0 No within one of the NC Riparian Buffer Protection Rules? 1b. If yes, then is a diffuse flow plan included? If no, explain why. ? Yes 0 No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 18 % 2b. Does this project require a Stormwater Management Plan? ? Yes 0 No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: The town of Lake Lure does not require stormwater management plans, nor is it a phase 2 community. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: 2e. Who will be responsible for the review of the Stormwater Management Plan? Town of Lake Lure Environmental Admin. 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Town of Lake Lure ? Phase II ? NSW 3b. Which of the following locally-implemented stormwater management programs ? USMP apply (check all that apply): ? Water Supply Watershed ? Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ?Yes ?X No attached? 4. DWQ Stormwater Program Review ?Coastal counties ?HQW 4a. Which of the following state-implemented stormwater management programs apply ?ORW (check all that apply): ?Session Law 2006-246 ?Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No 5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No Page 8 of 10 PCN Form - Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. Does the project involve an expenditure of public (federal/state/local) funds or the ?x Yes ? No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ? Yes Q No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ? Yes ? No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ?Yes ? No or Riparian Buffer Rules (15A NCAC 2B.0200)? 2b. Is this an after-the-fact permit application? ?Yes X? No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ?Yes M No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discha rge) of wastewater generated from the proposed project, or available capacity of the subject facility. Page 9 of 10 PCN Form - Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or Yes X No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act Yes Q No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. - 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Natural Heritage 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes Q No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation Yes Z No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? T -m Yes ? No 8b. If yes, explain how project meets FEMA requirements: Project is in the flood fringe and does not require a no-rise certification or CLOMR-F. There will be no net fill in the floodplain. A Floodplain Development Permit will be obtained through the Town of Lake Lure. All development will comply with the Town of Lake Lure Flood Damage Prevention Regulations. 8c. What source(s) did you use to make the floodplain determination? Flood Insurance Study for Rutherford County and from the Flood Insurance Rate Map (Map Nu r 3710063200 J). Fred Grogan September 02, 2011 / Applicant/Agent's Printed Name A - icanq is Signature ? Date (Agent's ignature i valid only if an authorization letter from the applicant is provided.) Page 10 of 10