20081304 Ver 3_401 Application_20081108

A SUMMIT
CONSULTING ENGINEERING ¦ ARCHITECTURE ¦ SURVEYING
October 24, 2008
D8- 13 01? Y3
Lia Myott Gilleski ?DWQ - 401 Oversight/Express Review Permitting Unit
Parkview Building 4- i??J 20
2321 Raleigh, r NC 2604 Boulevard, Suite 250 DSA?ID ToRM?PSEgz?CH
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Re: Buffer Authorization Request - Treyburn Walking Trail Phase 1
Dear Ms Gilleski,
Please find the attached Pre-Construction Notification Form, and supporting
documentation, including three sets of plans for Buffer Authorization for Treyburn
Walking Trail Phase 1.
Included with this submittal are the following items:
• Three (3) complete and collated copies of the most recent versions of the NRCS
Soils Survey map, USGS Topographic map, and a vicinity map clearly marking the
boundary of the site.
• Three (3) copies of Erosion Control/Stream Impact drawings identifying each buffer
impact.
• Three (3) copies of completed PCN form signed by the applicant.
Please approve the plans, and send me a letter of approval for Buffer Authorization for
Treyburn Walking Trail Phase 1 at your earliest convenience. If you require any
additional information, or have questions regarding the submittal, please contact me at
[phone]. Thank you.
Sincerely,
Summit Consulting
a?*
Alan Pytcher, Planner
Land Development Group
J:06-082/PCN Submittal/cover letter.doc
1000 Corporate Drive • Suite 101 • Hillsborough, NC 27278 314-A North Madison Boulevard • Roxboro, NC 27573
Telephone [phone] • Fax [phone] www.summit-engineer.com Telephone [phone] • Fax [phone]
SEP-3-2008 15:23 FROM:DWQ-WETLANDS 9197336893
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TO:97326676 P:2/3
Michael F. Faslcy, Governor
William(]. Rosss.lr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
September 3, 2008
Q EXP# 08-11304
Mr.. Terry Sanford, Jr. D ls- tnDurham County
Treybum Corporate Park 3 2008
2200 W. Main Street, Suite 900 i? U V
Durham, NC 27705 aw4 - vvwltK I-OW1Y
WV.IANDS AND STORM',NATER BRANCH
Subject Property: Treyburn Walking Trail
On-Site Determination for Applicability to the Neuse Riparian Area Protection Rules (15A NCAC 2B
.0233) - EXPRESS REVIEW PROGRAM
Dear Mr. Sanford;
On September 2, 2008, at the request of Mr. Alan Pytcher, of Summit Consulting, Lia Gilleski conducted an on-
site determination to review five stream features located on the subject property for applicability to the Neuse
Buffer Rules (15A NCAC 2B .0233). The features are labeled as "A" through "E", on the attached maps initialed
by Lis Gilleski on September 3, 2008. The Division of Water Quality (DWQ) has determined that the following:
• Feature "A" is subject to the Neuse Buffer Rule from Teknika Parkway to the flag labeled, "A1"
(Intermittent to Ephemeral Stream and Wetland). The feature transitions from an isolated intermittent
stream to an ephemeral stream approximately 50 feet south. No determination was made on the north side
of Teknika Parkway.
• Feature "B" is subject to the Neuse Buffer Rule and is a perennial stream.
• Fcaturc "C" is subject to the Neuse Buffer Rule and is a perentual feature from the culvert at Teknika
Parkway and south.
• Feature "D" is not subject to the Neuse Buffer Rule. The feature is an ephemeral stream.
• Feature "E" is subject to the Neuse Buffer Rule. This feature 'is an isolated intermittent stream that ends
and becomes ephemeral at flag "E 1 ", approximately 40 feet south of Teknika Parkway.
This on-site determination shall expire five (5) years from the date of this letter. Landowners or affected parties
that dispute a determination made by the DWQ that a surface water exists and that it is subject to the buffer rule
may request a determination by the Director. A request for a determination by the Director shall be referred to the
Director in writing c/o Cyndi Karoly, DWQ 401 Oversight/Express Review Permitting Unit, 2321 Crabtree Blvd.,
Raleigh, NC 27604-2260. You must act within 60 days of the date that you receive this letter. Applicants are
hereby notified that the 60-day statutory appeal time does not start until the affected party (including downstream
and adjacent landowners) is notified of this decision. This determination is final and binding unless you ask for a
hearing within 60 days.
This letter only addresses the applicability to the buffer rules and does not approve any activity within the buffers,
Nor does this letter approve any activity within Waters of the United States or Waters of the State. If you have
any questions, please contact Lia Myott Gilleski at 91.9.733.9502,
[?ihCarolina
401 Oversight / Express Review Permitting Unit 1 ?Qtlll'Q?t'?
1650 Mail Service Ccntor, Raleigh, North Carolina 27699-1650
2321 Crabtree Bo0cw1rd, Suite 250. Raleigh, North Carolina 27604
Phone: [phone] / PAX 919-733-6893 / Intemet: hM"`/ 2o.cnr state it ?us/newetlarids
An L"qual Opportunity/AlTrmntive Action F,mplbycr - 50% Recycled/10'Yo Post C:onsumcr Paper
SEP-3-2008 15:23 FROM:DWQ-WETLANDS 9197336893
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TO:97326676 P:3/3
Treyburn Corporate Park
Pagc 2 of 2
September 3, 2008
Since ly, h4
Coleen H. Sullins
Attachments: Durham County Soil Survey Map, USGS Topographic leap
cc: Mr. Alan Pytcher, Summit Consulting, 1000 Corporate Drive, Suite 101, Hillsborough, NC 27278
,La.urcn Witherspoon, DWQ Raleigh Regional Office
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http://www.treybum.com/maps/popups/vicinity.html 9/10/2008
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No. O ca- 13 C )q U3
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing: Written approval is sought for Buffer Authorization only.
1. Check all of the approval(s) requested for this project:
? Section 404 Permit ® Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
? 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: Buffer Authorization only
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here:
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, 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
R
1. Owner/Applicant Information N 0 V 3 2008
Name: Terry Sanford Jr. 4
Mailing Address: Treyburn Corporate Park, LLC ayp gogmWATER sRAIo"
2200 West Main Street Suite 900
Durham. NC 27705
Telephone Number: [phone] Fax Number: N/A
E-mail Address: N/A
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Edmund Purcell - Summit Consulting
Company Affiliation: Engineering Consultant hired by owner
Mailing Address: 1000 Corporate Drive. Suite 101
Hillsborough, NC 27278
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: edmund.purcell(a,summit-enaineer.com
Page 5 of 14
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: Treyburn Walking Trail
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 0845-04-71-976, 0845-03-92-7927, 0855-03-03-
2690
4. Location
County: Durham Nearest Town: Durham, NC
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.):
From Raleigh take 70W until it merzes with 1-85. Take the N. Roxboro Street exit, 177(US
Business 501. Take a right onto Old Oxford Hwy. (SR 1004) and drive straight until you
come to Trevburn Corporate Park.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 36.08964W, -78.84159°W
6. Property size (acres): Walking Trail crosses three separate tracts of land totaling 181.44 AC
7. Name of nearest receiving body of water: UT of Eno River
8. River Basin: Neuse
(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/mgs/.)
Page 6 of 14
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application:
Existing conditions consist of vegetative brush, wooded areas, ponds, and Unnamed
Tributary's to the Eno River.
10. Describe the overall project in detail, including the type of equipment to be used:
Proposed 6' asphalt pedestrian walking trail; grading, excavation and paving equipment will
be used; wooden pedestrian bridges will be used to bridge over 2 stream segments (without
channel impact). The additional 3 stream segments that have been identified by DWQ are not
being impacted, or bridged by boardwalks.
11. Explain the purpose of the proposed work:
Provide pedestrian walking to trail to employees, and private residents, within Treyburn
Corporate Park and surrounding area.
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 Number, 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.
Nationwide 401. 404 Certifications, and Buffer Authorization were issued prior to the
construction of Treyburn Corporate Park in 1998 DWQ Project number 1998-1128
The proposed trail runs parallel to Teknika Parkway, crossing three separate parcels that were
not associated with permitting at the time of the Corporate Park's inception in 1998.
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.
Yes. This application is for Phase 1 - see Master Plan of Walking Trail attached to enclosed
plans. Additional grading placement of asphalt and potential wooden boardwalks will be used
in future phases o the trail.
VI. Proposed Impacts to Waters of the United States/Waters of the State
Page 7 of 14
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. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should 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:
Feature A to the flag labeled Al: (subiect to Neuse Buffer Rule) Intermittent to Ephemeral
Stream and Wetland (no wetland impact). Feature B: (subject to Neuse Buffer Rule) Perennial
Stream. Feature C. (subiect to Neuse Buffer Rule no stream impact) Perennial Stream from
culvert at Teknika Prkwy heading south. Feature D (not subiect to Neuse Buffer Rule)
Ephemeral Stream. Feature E: (subiect to Neuse Buffer Rule no stream impact Isolated
Intermittent Stream that ends and becomes Ephemeral at ffa-g El approx. 40-feet south of
Teknika Prk-U. All crossings are pedestrian bridges impacting bu er on.1
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact
Site Number

(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh
,
herbaceous, bog, etc.) Located within
100-year
lain
Floodploodp a Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
N/A N/A N/A N/A N/A N/A

Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property: 0.00459 AC
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
Page 8 of 14
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
No stream, temporary, or wetland impacts are proposed for this proiect.
Stream Impact
Number
indicate on
(
map)
Stream
Name

Type of Impact
Perennial or
Intermittent? Average
Stream
Width
Before
Impact Impact
Length

(linear
feet) Area
of

Impact
(acres)
N/A N/A N/A NA NIA N/A NA

Total Stream Impact (by length and acreage)
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact
Site Number
indicate on ma) Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
acres
N/A N/A N/A N/A N/A

Total Open Water Impact (acres)
6. List the cumulative imbact to all Waters of the U.S_ resulting from the. -nrnient-
Stream Impact (acres): N/A
Wetland Impact (acres): N/A
Open Water Impact (acres): N/A
Total Impact to Waters of the U.S. (acres) N/A
Total Stream Impact (linear feet): N/A
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
Page 9 of 14
N/A
8. 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
Current land use in the vicinity of the pond: N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
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.
The proposed stream buffer impacts will be minimized by placing wooden posts in Zones I and
2, and bride over the identified streams with the use of wooden boardwalks. Posts will be
placed with the use o an auger, and impacted areas will be revegetated with non-fescue like
grasses. The proposed trail alignment was designed to minimize buffer impacts and avoid as
many existing trees as possible. The placement was based off of the existing topography to
minimize placement of fill, and avoid steep slopes.
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.
No impacts are proposed on perennial streams or freshwater wetlands
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, 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
Page 10 of 14
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.
Facts are proposed on bu f ers only. Buffer Authorization is being requested by DWQ
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 NCEEP 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/ncwetlands/strrngide.html.
Impacts are proposed on buffers only. Buffer Authorization is being requested by DWO.
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.
Phase I buffer impacts are below the thresholds requiring mitigation.
No miti ggation proposed
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/v;m/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five 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)
Page 11 of 14
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
2. 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 ?
3. 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.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify)? Yes ® No ?
2. If "yes", 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 2,318 3 N/A
2 1,488 1.5 N/A
Total 3,806 N/A
. Gone 1 extends out 3U teet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260.
No buffer mitigation is required. Buffer impacts are under I- acre threshold
Page 12 of 14
XI. Stormwater (required by DWQ)
Describe impervious acreage (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. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. o ,?cs?? t H p?,c?J tDJ $ . a=*:;.?
ZPA7 L.>Gl?rcr. -71VAtL lS !Z4.;4L "To 1. 4717Z -t 41 FAL_ 44Qr-1F_-4r %,-- 8r-
t H AE- ?< ),r'J . Ue-l / e_aj!FS . -7 90 ;r..s'2f _ 41 SX-. D c %Jr&_s I-o _'
XII. Sewage Disposal (required by DWQ) 'T-44C_ St{ .
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 M VQ)
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. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No 9
,If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr. state.nc.us/ncwetlands. If no, please provide a short narrative description:
XV. 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).

to
Applicant/Agent's Signature ate
is signature is valid only if an authorization letter from the applicant is provided.)
Updated 11/1/2005
Page 12 of 12