HomeMy WebLinkAbout20160234 Ver 1_401 Application_20160316CAROLINA
ECOSYSTEMS,
20160234
3040 NC Hwy 42 West; Clayton, NC 27520
P:919-359-1102 — F:919-585-5570
March 4, 2016
Mr. James Lastinger �j
Raleigh Regulatory Field Office V
US Army Corps of Engineers ��AK
3331 Heritage Trade Drive, Suite 105 U 7 2016
Wake Forest, North Carolina 27587
RE: Pre -Construction Notification — Nationwide Permit 12
Town of Apex, Sewer Improvement — Kelly Rd. & Pump Station #21
Wake County, North Carolina
Dear Mr. Lastinger;
Carolina Ecosystems, Inc., on behalf of the Town of Apex and BBM Associates, Inc., has
prepared the attached Pre -Construction Notification (PCN) for the above referenced project for a
Clean Water Act Section 404 Nationwide Permit 12, Section 401 Water Quality Certification
No. 3884, and a 15A NCAC 02B .0267 Jordan Lake Watershed buffer Authorization. The Town
of Apex is pursuing this project in order to abandon an existing pump station and improve the
flow of the existing sewer line along the unnamed tributary of Reedy Branch, a Jordan Lake
tributary, near Kelly Road.
The attached PCN form provides information for use in your review of the impacts to streams,
wetlands, and buffers associated with this project. Supplemental information is provided in this
cover letter and in the attachments including a Vicinity map, USGS map, and NRCS map. BBM
has provided the attached site plans and wetland, stream, and buffer impact drawings for your
review.
Proposed Impacts and Mitigation
There are two wetlands, one stream, and four buffer impacts proposed for this project. All of
these impacts occur along an unnamed tributary to Reedy Branch. Total impacts to waters of the
U.S. include 55 linear feet of stream and 0.15 acre of wetland. Temporary stream impacts (55
feet) are required for construction of the sewer line crossing. Temporary wetland impacts (0.1
acre) are required for clearing the sewer corridor for installation. Permanent wetland impacts
(0.05 acre), in the form of a maintained utility corridor, will not exceed 10 feet in width (Wetland
Impacts WB and WC). Total impacts to buffers include 2,696 square feet in Zone 1 and 3,029
square feet in Zone 2. All impacts to buffers are considered exempt or allowable under the
Jordan Lake Watershed buffer Rule.
Sediment and erosion control measures will be implemented according to NC requirements, and
approved by NCDEQ prior to implementation. Jurisdictional areas adjacent to construction areas
will be clearly marked with protection fencing or other similar method to avoid inadvertent
encroachment. Copies of permits and impact areas will be provided to the prime contractor and
Kelly Rd. & Pump Station #21 PCN
March 4, 2016
Page 2 of 2
all subcontractors working in or near jurisdictional areas. Construction and grading will be
completed with typical equipment including track excavators and graders.
If you have any questions or need additional information, please contact me at your earliest
convenience at (919) 274-5979 or chris.hopper@carolinaeco.com.
Sincerely,
Carolina Ecosystems, Inc.
Chris Hopper
Senior Environmental Scientist
cc: Karen Higgins, NC DWR, 401 & Buffer Permitting Unit
Attachment List:
1- Figure 1. Vicinity Map
2- Figure 2. USGS Map
3- Figure 3. NRCS Map
4- BBM Engineering Impact Maps
5- Property Access and Agent Authorization Form
Office Use Only
Corps action ID no
DWQ project no
Form Version 14 January 2009
Pre -Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1a. Type(s) of approval sought from the Corps:
Q Section 404 Permit ❑ Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: 12 or General Permit (GP) number
1c. Has the NWP or GP number been verified by the Corps?
❑ Yes ❑X No
1 d Type(s) of approval sought from the DWQ (check all that apply):
❑X 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑X Riparian Buffer Authorization
le. 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 ❑X 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 0 No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes ❑X No
1h Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes Q No
2. Project Information
2a. Name of project:
Kelly Rd & Pump Station #21
2b. County:
Wake
2c. Nearest municipality / town:
Apex
2d. Subdivision name:
2e. NCDOT only, T.I.P. or state project no.
3. Owner Information
3a. Name(s) on Recorded Deed:
Multiple properties - easement to be acquired
3b. Deed Book and Page No
3c. Responsible Party (for LLC if
applicable):
3d Street address:
3e. City, state, zip,
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:
❑ Agent Q Other, specify. Utilities Director
4b Name:
Mr David Hughes, PE
4c. Business name
(if applicable) -
Town of Apex
4d. Street address:
105-B Upchurch Street
4e. City, state, zip
Apex, NC 27502
4f. Telephone no.:
(919) 249-3414
4g. Fax no.:
(919) 387-7055
4h. Email address:
david.hughes@apexnc.org
5. Agent/Consultant Information (if applicable)
5a Name:
Chris Hopper
5b. Business name
(if applicable):
Carolina Ecosystems, Inc.
5c. Street address:
3040 NC Hwy 42 West
5d. City, state, zip:
Clayton, NC 27502
5e. Telephone no.-
919-274-5979
5f Fax no
5g. Email address:
I chris.hopper@carolinaeco.com
Page 2 of 10
B. Project Information and Prior Project History
1. Property Identification
1a Property identification no. (tax PIN or parcel ID):
Multiple properties - easement to be acquired
lb Site coordinates (in decimal degrees).
Latitude: 35.7378 Longitude- -78.9064
1c. Property size
0.38 acres
2. Surface Waters
2a. Name of nearest body of water to proposed project:
Reedy Branch
2b. Water Quality Classification of nearest receiving water:
WS-IV;NSW
2c. River basin:
Cape Fear River Basin
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:
The site consists of an existing sewer nght-of-way that is regularly maintained, and adjacent bottomland forest Surrounding land uses primarily
include residential development, as well as areas of mature forest
3b. List the total estimated acreage of all existing wetlands on the property. 0 15
3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 55
3d. Explain the purpose of the proposed project:
The purpose is to remove an existing pump station and tie two gravity sewer lines into a proposed new sewer line on the property to the west The
proposed sewer is to be permitted separately as part of the Sweetwater Development protect
3e. Describe the overall project in detail, including the type of equipment to be used -
Installation of an improved sewer line A track hoe will be used for excavation and loader and/or grader to return site to original grade
4. Jurisdictional Determinations
4a Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (includingall prior phases)in the past?
❑X Yes ❑ No ❑ Unknown
Comments In process
4b. If the Corps made the jurisdictional determination, what type
of determination was made?
Preliminary ❑ Final
4c. If yes, who delineated the jurisdictional areas?
Name (if known): Phil May & Rob Crowther
Agency/Consultant Company: Carolina Ecosystems, Inc
Other:
4d If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
PJD has been submitted to the Corps of Engineers Site review with USACE occurred on February 26, 2016
5. Project History
5a Have permits or certifications been requested or obtained for
this project (Including all prior phases) in the past?
El Yes ❑X No ❑ Unknown
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project?
❑ Yes Q No
6b. If yes, explain.
Page 3 of 10
PCN Form — Version 1.4 January 2009
C. Proposed Impacts Inventory
1. Impacts Summary
1a. Which sections were completed below for your project (check all that apply):
❑X Wetlands ❑X Streams — tributaries ❑X 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
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 T
Sewer Improvement
Bottomland Hardwood Forest
Yes
Corps
0.08
W2 P
Sewer Improvement
Bottomland Hardwood Forest
Yes
Corps
004
W3 T
Sewer Improvement
Bottomland Hardwood Forest
Yes
Corps
002
W4 P
Sewer Improvement
Bottomland Hardwood Forest
Yes
Corps
001
W5 -
Choose one
Choose one
Yes/No
W6 -
Choose one
Choose one
Yes/No
2g. Total Wetland Impacts:
0.15
2h. Comments:
W1 and W2 are shown on the attached impact mapping provided by BBM Associates as WB W3 and W4 are shown as WC on the same mapping
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 T
Sewer Crossing
UT to Reedy Branch
PER
Corps
10
55
S2
Choose one
-
S3
Choose one
S4
Choose one
-
S5
Choose one
_
S6
Choose one
I
I-
3h. Total stream and tributary impacts
55
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 indiv ually list all open water impacts below
4a
Open water
impact number
Permanent (P) or
Temporary
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01
Choose one
Choose
02
Choose one
Choose
03 -
Choose one
Choose
04 -
Choose one
Choose
4f. Total open water impacts
4g. Comments.
5. Pond or Lake Construction
If pond or lake construction proposed, the 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 any 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
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet)
6g.
Zone 2
impact
(square
feet
131 T&P
Sewer Improvement
UT of Reedy Branch
No
2,696
1,348
B2 T&P
Sewer Improvement
UT of Reedy Branch
No
844
B3 T
Sewer Improvement
UT of Reedy Branch
No
578
B4 T&P
Sewer Improvement
UT of Reedy Branch
No
259
B5
Yes/No
B6
Yes/No
6h. Total Buffer Impacts:
2,696
3,029
6i. Comments: Impacts are both temporary and permanent since the utility easement consists of a maintenance comdor (1 oft) within a temporary
construction corridor (40ft)
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.
The sewer alignment was selected after analyzing the surrounding area to see if reduced impacts were feasible and designed to avoid or minimize
impacts to jurisdictional areas, and where feasible, manholes were placed outside of the jurisdictional areas Al MHs on project will be water tight and
MHs within 50' of streams and wetlands will have sealed joints and interior water proofing to minimize leaks
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Best management practices and sedimentation and erosion control methods will be used during all construction techniques No equipment refueling
or maintenance activities will occur adjacent to junsdictional areas Al temporary impacts to jurisdictional wetlands during construction activities will
be returned to their original configuration and seeded in a timely manner for stabilization Stream crossings will be stabilized with nprap and fabric
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 ❑X 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 Making 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:
S. 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?
El Yes X 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
❑X Yes ❑ No
within one of the NC Riparian Buffer Protection Rules?
1b. If yes, then Is a diffuse flow plan included? If no, explain why.
No diffuse plan included since there is a negligible change to the impervious area during construction.
❑ Yes ❑X No
Manholes will account for less than 0 01% impervious area increase Stormwater outfalls mall not be
constructed as part of this protect and flow well be diffused through forested areas adjacent to corridor
2. Stormwater Management Plan
2a What is the overall percent imperviousness of this project?
0.01 %
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:
Minimal impervious area is proposed General Certification 3884 does not require a SMP
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?
3. Certified Local Government Stormwater Review
3a. In which localgovernment's jurisdiction is thisproject?
Town of Apex
0 Phase II
3b. Which of the following locally -implemented stormwater management programs
0 NSW
❑ USMP
apply (check all that apply):
❑x Water Supply Watershed
❑ Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
❑Yes 0 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 0 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
59 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 ❑X 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
letter.)
❑ Yes ❑X No
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 Q 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 Q 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.
This project ties existing sewer lines to a downstream proposed line (Sweetwater Development project), permitted separately No additional
development is associated with this improvement
4. Sewage Disposal (DWQ Requirement)
4a 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.
Town of Apex sewer system, which has approved capacity at the Western Wake Regional Water Reclamation Facility This facility, NPDES Permit
No NC0088846, has an 18 MGD capacity and is already receiving wastewater from this project area
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 Q No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
0 Yes ❑ No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
Raleigh website
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
USFWS website (http 1/www fws gov/raleigh/species/cntylist/wake html) for Wake County, NCNHP GIS data updated October 2015
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?
NOAA EFH Mapper
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 Q 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?
HPOWEB Map Service (http*//gis ncdcr gov/hpoweb) National Register of Historic Places (http 1/www rips gov/nr/research)
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?
❑X Yes ❑ No
8b. If yes, explain how project meets FEMA requirements.
Protect engineers will work with the Town of Apex and Wake County to secure a floodplain development permit, as necessary
8c. What source(s) did you use to make the floodplain determination?
Wake County GIS floodplain mapping, North Carolina Floodplain Mapping Program (http 1/www ncfloodmaps com)
Chris Hopper
oz�
2/29/2016
Applicant/Agent's Printed Name
Applica ent s Signature
Date
(Agent's signature is valid only if an authorization
letter from the applicant isprovided.)
Page 10 of 10
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ECOSYSTEMS, INC. Figure 1: Vicinity Map
3040 NC 42 West; Clayton, NC 27520 M 1 It S Q Study Area
P: (919)-359-1102 F:(919)-585-5570 0 0.25 0.5 e—\-.* USGS Named Streams Kelly Rd Sewer
February 2016 Wake County
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.S and
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CAROLINA N Feet Study Area Figure 2: USGS Map
ECOSYSTEMS, INC.
3040 NC 42 West; Clayton, NC 27520 0 50 100 Streams
P: (919)-359-1102 F:(919)-585-5570 Kelly Rd Sewer
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SEWERSEWER 1011 Schaub Drive 04s $vaJ
UPGRADES
rn Suite 102
KELLY RD. & PUMP STATION #21 a
y p Raleigh, North Carolina 27606
n rn rn APEX, NC (919) 833-7336
s vii nTOWN OF APEX
m (919) 833-7337 (Fax)
www.bbmassociates.com faeQ es°�
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CAROLINA 3040 NC Hwy 42 West; Clayton, NC 27520
ECOSYSTEMS, INC. P:919 -359-1102—F:919-585-5570
PROPERTY ACCESS AND AGENT AUTHORIZATION FORM
Property Information
Pro erty Address
an /or
Description
Parcel Identification
Number(s) (PIN)
0 Kelly Road
0722838762
City: Apex State: NC County: Wake Property Size (Acres): 9.36
Property Owner Information
Owner: 9 Authorized Agent*:
Name: David Hughes, P.E.
Title: Town of Apex Director of Public Works & Utilities
Street Address: 105-B Upchurch Street
City: Apex State: NC Zip Code: 27502
*Written proof of authorization from owner required.
Authorization
I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize
representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein
described for the purpose of conducting on-site investigations and issuing a determination associated with Waters of the
U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors
Act of 1899.
Additionally, I hereby grant Carolina Ecosystems, Inc. (CEI) staff, their designated contractors and representatives, as
well as other Federal, State or local authorities access to the above referenced property when necessary for the purposes of
conducting on-site environmental consulting services. I also grant CEI the authority to act as authorized agent on behalf of
the owner of the above listed property for the communication, submission, and/or application to relevant government
entities, including local, state, and federal authorities, for the review, acceptance, concurrence, and/or approval of
environmental information, documents, and/or permit requests concerning the above listed property. These services may
include regulatory determinations of environmental features on my property such as issuing a determination associated
with streams and wetlands. I certify that I am the legal owner or authorized agent of the legal owner of the above property
and have authority to grant such access. I have made CEI aware of, and supplied all available records related to, previous
environmental investigations on the subject property of which I have knowledge.
Owner/Agent (sign
Date /,z 11 fI r :)