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HomeMy WebLinkAbout20211267 Ver 3_ePCN Application_20230328DWR Division of Water Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) April 13, 2022 Ver 4.3 Initial Review Has this project met the requirements for acceptance in to the review process? Yes No Is this project a public transportation project?* Yes No Change only If needed. Pre -Filing Meeting Date Request was submitted on: 7/2/2021 BIMS # Assigned 20211267 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Reviewing Office* Mooresville Regional Office - (704) 663-1699 Information for Initial Review 1a. Name of project: Long Creek Greenway & Water Quality Improvement Project (Treyburn Dr. to 1-485) 1a. Who is the Primary Contact?* Wildlands Engineering (POC: Ian Eckardt) 1b. Primary Contact Email: ieckardt@wildiandseng.com Date Submitted 3/28/2023 Nearest Body of Water Long Creek Basin Catawba Water Classification C Site Coordinates Latitude: Longitude: 35.342016-80.887008 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Mecklenburg Is this a NCDMS Project Yes No Version#* 3 What amout is owed?* $240.00 $570.00 Select Project Reviewer* Andrew Pitner:andrew.pitner@ncdenr.gov 1c. Primary Contact Phone: * (704)332-7754 a Is this project a public transportation project?* Yes No 1a.Type(s)of approval sought from the Corps: Section 404 Permit (wetlands, streams and waters, Clean Water Act) Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* Yes No Please provide the date of the previous submission. 7/2/2021 1b. What type(s) of permit(s) do you wish to seek authorization? Nationwide Permit (NWP) Regional General Permit (RGP) Standard (IP) 1c. Has the NWP or GP number been verified by the Corps? Yes No Nationwide Permit (NWP) Number: 13 - Bank Stabilization Nationwide Permit (NWP) Number: 27 - Restoration Nationwide Permit (NWP) Number: 42 - Recreation Facility NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: 401 Water Quality Certification - Regular Non-404 Jurisdictional General Permit Individual 401 Water Quality Certification le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: 1f. Is this an after -the -fact permit application? * Yes No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No 1h. Is the project located in any of NC's twenty coastal counties? Yes No 1j. Is the project located in a designated trout watershed? Yes No B. Applicant Information 1d. Who is applying for the permit? Owner Applicant (other than owner) le. Is there an Agent/Consultant for this project? Yes No 2. Owner Information 2a. Name(s) on recorded deed: Multiple parcels - see attached Parcel Information Sheet 2b. Deed book and page no.: Multiple parcels - see attached Parcel Information Sheet 2c. Contact Person: Mecklenburg County Asset and Facility Management (POC: David Booth) 401 Water Quality Certification - Express Riparian Buffer Authorization * Yes No Yes No 2d. Address Street Address 3205 Freedom Drive, Suite 6000 Address Line 2 City Charlotte Postal / Zip Code 28208 2e. Telephone Number: (980)314-2501 2g. Email Address:* David. Booth@mecklenburgcountync.gov 3. Applicant Information (if different from owner) 3a. Name: David Booth, Project Manager 3b. Business Name: Mecklenburg County Asset and Facility Management 3c.Address Street Address 3205 Freedom Drive, Suite 6000 Address Line 2 city Charlotte Postal / Zip Code 28208 3d. Telephone Number: (980)314-2501 3f. Email Address:* David. Booth@mecklenburgcountync.gov 4. Agent/Consultant (if applicable) 4a. Name: Ian Eckardt 4b. Business Name: Wildlands Engineering, Inc. 4c.Address Street Address 1430 South Mint Street, Suite 104 Address Line 2 city Charlotte Postal / Zip Code 28203 4d. Telephone Number: (704)332-7754 0. Email Address:* ieckardt@wildlandseng.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Charlotte 2. Project Identification State / Province / Region NC Country us 2f. Fax Number: State / Province / Region NC Country us 3e. Fax Number: State / Province / Region NC Country us 4e. Fax Number: O 2a. Property Identification Number: See attached Parcel Information Sheet 2c. Project Address Street Address 8508 Beatties Ford Rd. Address Line 2 City Charlotte Postal / Zip Code 28216 3. Surface Waters 3a. Name of the nearest body of water to proposed project:" Long Creek 3b. Water Resources Classification of nearest receiving water: * 3c. What river basin(s) is your project located in? Catawba 3d. Please provide the 12-digit HUC in which the project is located. 030501011403 4. Project Description and History 2b. Property size: Approximately 80 acres. This is a linear project located on multiple parcels; therefore the size is based on the overall project area. State / Province / Region NC Country US 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: * The project is located in a developing watershed in northwest Mecklenburg County. Land use in the project area includes wooded floodplain corridors along Long Creek and maintained utility right-of-ways. Surrounding land use include open spaces, shopping centers, residential communities, and some forest. A review of aerial photography indicates the project area and surroundings were largely rural and agricultural through the 1970's with development increasing significantly during the period from the late 1970s through the 1990s. Long Creek appears to have been historically straightened which also affected the adjacent tributaries. In the project area, Long Creek is generally incised and disconnected from its historic floodplain with the exception of one section which is bedrock controlled. Bank erosion is common throughout the project area. Bedform diversity is low and consists primarily of long sandy runs with pools developed around debris jams. Contributing tributaries are also incised in order to meet the lowering bed elevation of Long Creek. During the 2000's, the project area saw increased pressure from suburban sprawl with the establishment of the 1-485 Outer Loop and associated increases in housing and development. Additional impervious surfaces within the watershed have increased the magnitude and frequency of peak flows which has resulted in further damage to previously manipulated and incised channels. A portion of the project area on parcel PINS (03319199, 03313221, and 03327109) was utilized as a wetland mitigation site for North Carolina Department of Transportation (NCDOT) (TIP R-2248), constructed in the mid to late 1990's and closed out in 2009. The parcels were transferred from NCDOT to Mecklenburg County with an agreement for a future greenway allowance. The USACE has reviewed the situation and stated that impacts to the NCDOT wetland credit area can be allowed if Mecklenburg County can provide a "land swap" to preserve the overall size of the mitigation site. Approximately 33 acres of Mecklenburg County land will be placed in a conservation easement. Correspondence with Mecklenburg County, NCDOT, and USACE can be provided if necessary. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? * Yes No Unknown If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000). DWR #21-1267 SAW-2019-00868 4f. List the total estimated acreage of all existing wetlands on the property: 9.77 AC (wetlands & open waters) 4g. List the total estimated linear feet of all existing streams on the property: 14,662 LF 4h. Explain the purpose of the proposed project: The project is a joint greenway and water quality improvement project. The greenway will provide a linear trail for recreation, fitness, and community connection. Water quality improvements include stream restoration, enhancement,and preservation along Long Creek that will reduce erosion and increase aquatic habitat. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The project includes approximately two miles of greenway trail along Long Creek and 9,000 linear feet of stream improvements involving restoration and enhancement between Treyburn Drive and the western 1-485 crossing. The greenway section begins in the vicinity of the Colonial gas pipeline crossing of Long Creek and continues southwestward to the second, western crossing of 1-485. Connector trails or partially built/stub out portions of future connector trails are proposed at Ambleside Drive, Belstead Brook Court, Sheltonham Way, and Trotter Road to provide direct access to surrounding neighborhoods. The greenway will be a 12-foot wide asphalt path with sections of raised boardwalk and prefabricated pedestrian bridges to cross and/or over look streams and wetlands. Boardwalk sections will be supported by timber piers. A trailhead with parking is proposed immediately east of the Beatties Ford Road trail crossing. Charlotte -Mecklenburg Storm Water Services (CMSWS) identified the Long Creek corridor from Treyburn Drive to 1485 as a stream improvement opportunity, concurrent with Mecklenburg County's Asset and Facilities Management's (AFM) development of the adjacent greenway corridor. NC Land & Water Fund (NCLWF) is a funding partner with CMSWS for the stream improvement work along Long Creek which is not proposed for mitigation credit. Long Creek is generally incised and disconnected from its historic floodplain throughout the project area. Eroding banks are common and existing stream bedform is limited to long sandy runs and pools that have developed at debris jams. An existing sewer line runs parallel with Long Creek and is generally near the left top of bank. The project seeks to improve water quality through restoration and enhancement activities. Water quality objectives include decreased nutrient and pollutant levels in storm flows achieved by filtering in -stream flood flows through restored floodplain areas; decreased stream water temperatures achieved by planting vegetation along the stream for shade; and increased dissolved oxygen concentrations through creating in -stream aeration points (structures) and developing deep pool zones. Ecological objectives include creating in -stream habitat through structure placement, establishing woody vegetation along the stream banks, and diversifying the bedform; improving terrestrial habitat through invasive species removal and re- establishing a native buffer along the riparian corridor; decreasing channel velocities by increasing channel roughness with bank vegetation and reconnecting the stream to a floodplain through benching. Stream restoration and enhancement approaches are based on existing conditions, constraints, habitat and water quality improvement potential, channel evolution stage, and the riparian condition. Restoration and enhancement will be achieved using natural channel design and successful local stream design projects as reference reaches to inform design. Stream restoration will involve a Rosgen Priority 2 approach and include the excavation of a new stream channel and associated floodplain benches to provide flood storage. Restoration will also include the installation of in -stream structures such as constructed riffles, rock/log sills, rock/log j-hooks, log vanes, and brush toes. Enhancement is proposed where constraints limit improvement opportunity and generally involve a combination of laying back stream banks, constructing a bankbull bench, and/or installing rock bank protection with keyed in riprap. Preservation is proposed to a relatively stable portion of Long Creek that is bedrock controlled between the first 1485 and Beatties Ford Road crossings. Five unnamed tributaries will also be impacted for relocation and stabilization purposes as they are re -connected to newly constructed sections of Long Creek. For project purposes the tributaries have been identified as Trib A Lower, Trib B, Trib E, Trib N, and Trib U. Impact figures are provided in the Miscellaneous Section of this application. Excavators will be used for channel and floodplain excavation as well as for bank grading and in -stream structure installation, while articulated and track trucks will be used for hauling soil. Small equipment such as mini excavators and skid steers may also be used during grading activities. A native riparian buffer will be planted along project streams. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes Comments: No 5b. If the Corps made a jurisdictional determination, what type of determination was made? * Preliminary Approved Not Verified Unknown N/A Corps AID Number: SAW-2019-00868 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Ian Eckardt Agency/Consultant Company: Wildlands Engineering Other: O Unknown 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR A preliminary jurisdictional determination was issued on 9/21/2021 with the original 404 permit which is included with this submittal. 6. Future Project Plans 6a. Is this a phased project?* Yes O No 6b. If yes, explain. The Long Creek Greenway is part of the overall Mecklenburg County greenway system with existing and proposed phases. A separate stream and wetland mitigation project (Long Creek Corridor Stream and Wetland Mitigation Site) is being constructed immediately adjacent to portions of the greenway/water quality improvement project between Treyburn Drive and Beatties Ford Road. The mitigation project is being constructed concurrently with the greenway/stream improvement project. Separate Nationwide permits have been sought for the mitigation project. Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries Buffers Open Waters Pond Construction 0 2. Wetland Impacts 2al Reason (?) 2b. Impact type* (?) 2c. Type of W. * 2d. W. name 2e. Forested" 2f. Type of Jurisdicition 2g. Impact area* W1 Construction access T Ftt-mland Hardwood Forest Wetland M Yes Both 0.027 (acres) W2 Floodplain grading T Bottomland Hardwood Forest Wetland A Yes Both 0.003 (acres) W3 Filling as part of stream P Bottomland Hardwood Forest Wetland B Yes Both 0.001 restoration (acres) W4 Construction access to T Bottomland Hardwood Forest Wetland C Yes Both 0.122 build boardwalk (acres) W5 Construction access to T Bottomland Hardwood Forest Wetland C Yes Both 0.186 build boardwalk (acres) W6 Construction access IT Bottomland Hardwood Forest Wetland D Yes Both 0.001 (acres) W7 Construction access to T Bottomland Hardwood Forest Wetland O Yes Both 0.092 build bridge and (acres) boardwalk crossings W8 Construction access to T Bottomland Hardwood Forest Wetland E Yes Both 0.151 build boardwalk (acres) t:::::1F nstruction access T Bottomland Hardwood Forest Wetland 00 Yes Both 1�=- 2g. Total Temporary Wetland Impact 0.606 2g. Total Wetland Impact 0.607 21. Comments: 2g. Total Permanent Wetland Impact 0.001 Wetland impacts were avoided as much as possible. Impacts are primarily temporary for construction access necessary to build the greenway and associated boardwalk sections. Wetland impact (W3) is the only permanent impact necessary for the restoration of Trib B which will be filled and relocated. 3. Stream Impacts F 3a. Reason for impact (?) 3b.lmpact type* 3c. Type of impact* 3d. S. name* 3e. Stream Type* 3f. Type of 3g. S. width 3h. Impact ?) Jurisdiction* length* S1 Construction access Temporary Other Long Creek Perennial Both 35 64 Averege (feet) (linear feet) g2 Bank grading for stabilization Temporary Bank Stabilization J Long Creek Perennial Both 35 249 Averege (feet) (linear feet) S3 Stream restoration Permanent Relocation Long Creek Perennial Both 35 3,096 Average (feet) (linear feet) S4 Construction access Temporary Other Long Creek Perennial Both 35 94 Average (feet) (linear feet) S5 Bank stabilization (Rip rap) Permanent Bank Stabilization Long Creek Perennial Both 35 24 Averege (feet) (linear feet) S6 Bank grading for stabilization Temporary Bank Stabilization J Long Creek Perennial Both 35 305 Average (feet) (linear feet) g7 Bank grading for stabilization Temporary Bank Stabilization J Long Creek Perennial Both 35 833 Averege (feet) (linear feet) gg Stream restoration Permanent Relocation Long Creek Perennial Both 35 2,724 Average (feet) (linear feet) S9 Construction access Temporary Other Trib A Lower Intermittent Both 24 Average (feet) (linear feet) S10 Stream restoration Permanent Relocation Trib A Lower Intermittent Both 94 Averege (feet) (linear feet) S11 Stream restoration Permanent Relocation Trib B Perennial Both 10 339 Average (feet) (linear feet) S12 Stream restoration Permanent Relocation Trib U Intermittent Both 320 Averege ((eeQ (linear feet) S13 Construction access Temporary Other Trib D Intermittent Both -] 12 67 Average (feet) (linear feet) S14 Construction access Temporary Other Trib E Perennial Both 10 64 Averege (feet) (linear feet) S15 Stream restoration Permanent Relocation Trib E Perennial Both 10 59 Averege (feet) (linear feet) S16 Stream restoration Permanent Relocation Trib N Intermittent Both 10 137 Average (feet) (linear feet) S17 Relocation/stabilization Permanent Relocation Trib E Perennial Both 10 70 Averege (feet) (linear feet) 31. Total jurisdictional ditch impact in square feet: 0 31. Total permanent stream impacts: 6,863 3i. Total stream and ditch impacts: 2748 31. Total temporary stream impacts: 1.700 3j. Comments: Total stream impacts are miscalculated in Section 3i. The correct total stream impact length is 8,563 linear feet. E. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The greenway design incorporated the location of existing streams and wetlands in order to avoid these features as much as possible. Proposed greenway crossings of streams and wetlands consist of either bridge or raised boardwalk to avoid permanent impacts. Bridge crossings will span top of bank to top of bank. Boardwalk sections will be constructed using driven timber pilings to avoid impacts. Stream restoration and enhancement are proposed on degraded sections of stream while relatively stable sections of stream are proposed for preservation and being avoided. Restored stream alignments were designed to avoid wetland impacts. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Boardwalks crossings will be supported by timber piers that will be driven in to avoid discharge. Construction will be limited to the immediate project area with silt and/or safety fence demarcating disturbance limits to avoid unnecessary impacts. Restored sections of Long Creek will be constructed in the dry as much as possible through offline construction and pump around practices will be utilized where feasible when working in existing online channels. Newly constructed channel banks will be stabilized using biodegradable coir fiber matting, seeding, and planted with native riparian species. Haul roads, staging areas, and access routes are located on uplands as much as possible to avoid impacts and temporary crossings will be minimized. Mud mats will be utilized for crossing existing wetlands. Construction practices will follow guidelines from the NC Erosion and Sediment Control Planning and Design Manual. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State O 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? Yes No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: Compensatory mitigation should not be required because the project intends to increase aquatic resource function and services through stream restoration and enhancement activities. The greenway design has avoided impacts to stream and wetlands to the maximum extent practicable using bridge and boardwalk crossings. F. Stormwater Management and Diffuse Flow Plan (required by DWR) O 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? Yes No If no, explain why: The project is located in the Catawba River basin where only the main stem of the Catawba River has associated NC Riparian Buffer Protection Rules. The project area is on a smaller tributary (Long Creek) to the Catawba River with no NC Riparian Protection Rules. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? Yes No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? Yes No Comments: G. Supplementary Information O 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federallstate) land?* Yes No 1b. 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 (North Carolina) Environmental Policy Act (NEPA/SEPA)?* Yes No Comments: * This is a municipal greenway and stream restoration project not subject to NEPA or SEPA requirements. 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)? * Yes No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality? Yes No 3b. If you answered "no," provide a short narrative description. The greenway project is proposed in an urban watershed where a majority of surrounding land has already been developed for commercial and residential purposes. A majority of land within and immediately adjacent to the project area is wooded floodplain that is publicly owned by Mecklenburg County. This will serve as buffers immediately adjacent to much of the trail and associated stream enhancement. A NC Land & Water Fund (NCLWF) will be recorded on the water quality improvement project which will restrict future development. A conservation easement is also proposed on a separate stream and wetland mitigation project (Long Creek Corridor Stream and Wetland Mitigation Site) which is being developed by Charlotte -Mecklenburg Storm Water Services immediately adjacent to portions of the greenway project in between Treyburn Drive and Beatties Ford Road and will further restrict future development immediately adjacent to the greenway/stream improvement project. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project? Yes No N/A 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* Yes No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts? Yes No 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. Is another Federal agency involved?* Yes No Unknown 5e. Is this a DOT project located within Division's 1-8? Yes No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? Yes No 5g. Does this project involve bridge maintenance or removal? Yes No 5h. Does this project involve the construction/installation of a wind turbine(s)?* Yes No 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? Yes No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Correspondence with USFWS is enclosed in the miscellaneous section of this application. The project is currently in construction and minor design revisions are within the previously evaluated assessment area. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat? * Yes No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? National Oceanic and Atmospheric Administration (NOAA) Essential Fish Habitat Mapper website (https://www.fi s heries. noaa. gov/resource/map/essential-fish-habitat-map per) 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 status? " Yes No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? * Correspondence with SHPO is included in the Miscellaneous section of this application.The project is currently in construction and minor design revisions are within the previously evaluated assessment area. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? * Yes No 8b. If yes, explain how project meets FEMA requirements: The project was designed to result in no rise in the FEMA regulated base flood elevation. Wildlands worked with the local floodplain administrator (Mecklenburg County) to obtain the appropriate floodplain development permit prior to construction. 8c. What source(s) did you use to make the floodplain determination? * Mecklenburg County NC Flood Insurance Rate Map (FIRM) Panels 4538 and 4548, with effective dates of September 2, 2015. Miscellaneous L Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred. Click the upload button or drag and drop files here to attach document Long Creek Greenway and Water Quality Improvement Project (Treyburn Dr. to 1485) RESUBMITTAL 2023 - PCN 50.53MB Cover Letter and Uploads.pdf File must be PDF or KMZ Comments A cover letter, table of contents, and supporting documentation are provided below. Signature By checking the box and signing below, I certify that: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • I have given true, accurate, and complete information on this form; • I agree that submission of this PCN form is a "transaction' subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the PCN form. Full Name: David Booth Signature A V*�iiil Date 3/28/2023 O