19850132 Ver 1_Complete File_19851008

g SPATE a?.
? Jw
James G. Martin, Governor
S. Thomas Rhodes, Secretary
'
October 2, 1985•
Colonel L. Warren
Corps of Engineers
Wilmington District
P. 0. Box 1890
Wilmington, NC 28402
Dear Colonel Warren:

T 10Q-
041411TV c?CTi??PI
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In accordance with your request, this office has circulated to inte-
rested state review agencies U. S. Army Corps of Engineers Public Notice
.... 0098 dated March 7, 1985 which describes a project
Rutherford County Watershed Commission represented W. P. FountainpofeRutherford.
The project, involving construction of a flood control dam, is located
on a tributary of Cathy's Creek in Rutherford County.
Based on a coordinated agency review, the state interposes no objection
to the project provided the following recommendations are either made a
part of the Federal permit and/or are carried out prior to
permit action.
With reference to additional pre-project archaeological work, we refer
you to the joint memorandum of April 1 from the Division of Archives and
History.
The 401 certification which was issued on May 7, along with other
requirements, covers the low flow needs of the project stream. It should
be noted that both the Division of Environmental Management (through the
401) and the Office of Water Resources, through its comments on the Public
Notice provide input on safeguarding downstream flow by requiring that
the 7 day - 10 year flow be maintained.
P.O. Box 27687, Raleigh, North Carolina 27611.7687 Telephone [phone]
State of North Carolina
Department of Natural Resources and Community Development
512 North Salisbury Street • Raleigh, North Carolina 27611
An Equal Opportunity / Affirmative Action Employer
Colonel L. Warren
Page 2
October 2, 1
Should you require additional
do not hesitate to contact this office.
input from the state on this matter,
Very sincerely,
Jo V n R. Parker Jr.
Inland 404 Coordinator
JRP:jr/aw /
cc: Division of Environmental Managementc/
Raleigh
Office of Water Resources
Raleigh
Division of Archives & History
Raleigh
/State of North Carolina
'Ipartment of Natural Resources and Community Development
512 Nord '-^1i-I1urv Street • Raleigh, North Carolina 27611
James G. Martin, Governor S. Thomas Rhodes, Secretary
DIVTI
0 7
Honorable Joan Jenkins
Clerk of Court - Rutherford County
The Courthouse
Rutherfordton, North Carolina 28139
Dear Ms. Jenkins:

AUG

The Soil and Water Conservation Commission has reviewed the
Rutherford Soil and Water Conservation District's application
for eminent domain on Site #13 of the Second Broad River Watershed
Project. Attached is Certification of the Commission's approval
as required under N.C. General Statutes 139-44.
Sin rely,,
lint
Carroll Pierce
Acting Director
CP:mw
cc: Paul Wilms, Director, DEM
W. P.FQunta'n, Chairman, RuthgrforC Water hed Commission
Henry EdwarW Chairman, ounty !a%D
Attachment
I Or
WJYIUI 4
AUG 3 1985
WATER QUAL1TM S.:
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
4SERVATION
An Equal Opportunity / Affirmative Action Employer

NORTE CAROLINA
WAKE COUNTY CERTIFICATION
Mr. Carroll Pierce, being first duly sworn, deposes and says:
That he is at the present time Acting Director of the North
Carolina Division of Soil and Water Conservation, Department of
Natural Resources and Community Development, pursuant to North
Carolina General Statute 139-4 and 143B et seq; that in this
capacity he has charge of and is in possession of the Minutes of
the meetings, duly called, and all other official records of the
said Soil and Water Conservation Commission of the Department.
That the following information is an excerpt of the Minutes of
the duly called meeting of which a quorum was present and voting,
which was held by the North Carolina Soil and Water Conservation
Commission on July 10, 1985, relating to a request by the County of
Rutherford Watershed Commission, Rutherfordton, North Carolina, W. P.
Fountain, Chairman. The Chairman was acting pursuant to a resolution
adopted by the Rutherford County Soil & Water Conservation District.
The request was for approval to use the power of eminent domain to
secure the necessary easements within Structure Site #13 (Parcels 4,
5, 6 and 7), Second Broad River Watershed Project as defined within
the requested dated June 26, 1985, and is authorized in Article III,
G.S. 139.44, of the North Carolina Small Watershed Act:
"Mr. Pierce commented on the requests made by the Rutherford
County Watershed Commission. The County has requested that the
power of eminent domain be exercised in order to acquire interest
in 4 parcels of land lying within Second Broad River Watershed flood
retention reservoir Site #13. A description of the parcels is as
follows:
Parcel #4 is owned by Robbie L. Conner and wife, Nannie Connor,
and lies within the flood pool. The tract contains approximately
33.1 acres.
Parcels #5 and #6 are owned by Patsy Moore Allen and Mildred
Ruth Henderson and lies within the flood pool. The tract contains
approximately 35.3 acres.
Parcel #7 is owned by Wyath Revis Moore and lies within the
flood pool. The tract contains approximately .1 acres.
Mr. Pierce explained that an easement was being sought for these
properties instead of fee simple title."
- 2 -
Pierce then passed out information provided by Dan Oakley
describing the Commission's role in eminent domain proceedings, copy
of which is attached to these Minutes (Attachment #I). He stated
the Commission's responsibility was to determine that the land was
being sought for a proper purpose.
Mr. Laughinghouse moved that the Commission concur with the
request submitted by Rutherford County. Mr. Strickland seconded
the motion and it carried unanimously.
Done in the City of Raleigh on this the 2nd day of August, 1985.
_ l/ ?Un L
Carroll Pierce, Acting Director
Division of Soil and Water Conservation
Department of Natural Resources and
Community Development
Sworn to and subscribe befor me this
the day of ,
1985.
01,
Notary Public
My Commission expires

f
State of North Carolina
Department of Natural Resources and Community Development
512-North Salisbury Street Raleigh, North Carolina 27611
James G. Martin, Governor S. Thomas Rhodes, Secretary
May 7, 1985
Mr. W. P. Fountain, Contracting Officer
Rutherford County Watershed Commission
Room 202, Federal Building
121 South Main Street
Rutherfordton, NC 28139
Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Flood Control Dam
Rutherford County Watershed Com.
Rutherford County
Dear Mr. Fountain:
Attached hereto are two (2) copies of Certification No. 1801
issued to Rutherford County Watershed Commission dated May 7, 1985.
If we can be of further assistance, do not hesitate to contact us.
Sincerely yours,
ORIGINAL SIGN'D BY. D.R.R.
R. Paul Wilms
Director
cc: Wilmington District Corps of Engineers
Asheville Regional.Office
/.Xf'. William Mills
Mr. David Owens
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity / Affirmative Action Employer
THIS CERTIFICATION is issued in conformity with the requirements of
Section 401 Public Laws 92-500 and 95-217 of the United States and subject to
the North Carolina Division of Environmental Management Regulations in 15 NCAC
2H, Section :0500 to Rutherford County Watershed Commission pursuant to
an application filed on the 21st day of December, 1984 to construct a
flood control dam on Mill Creek.
The Application provides adequate assurance that the discharge of fill
material into a wetlands area adjacent to the waters of Mill Creek in
conjunction with the proposed flood control dam in Rutherford County
will, :not result in a violation of applicable Water Quality Standards and
discharge guidelines. Therefore, the State of North Carolina certifies
that this activity will not violate Sections 301, 302, 303, 306, 307 of
PL92-500 and PL 95-217 if conducted in accordance with the application
and conditions hereinafter set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner
as to prevent significant increase in turbidity
outside the area of construction or construction-
related discharge (increases such that the
turbidity in the Stream is 25 NTU's or less
are not considered significant).
2. That concrete foundations or beds which must be
constructed shall be "dry-poured" to insure that
live concrete does not contact surface waters.
3. That proper erosion control techniques shall be
employed during construction and that exposed
surfaces of the earthen dikes shall be planted
with a suitable ground cover.
4. That provisions be made to maintain at least the
7 day - 10 year low flow
Violations of any condition herein set forth shall result in revocation
of this Certification.
This Certification shall become null and void unless the above
conditions are made conditions of the Federal Permits.
This the 7th day of May, 1985.
DIVISION OF ENVIRONMENTAL MANAGEMENT
Mr,INJA p-wrn nv. n p R.
R. Paul Wilms, Director
WQC# 1801
MAUD
DIVISION OF ENVIRONMENTAL MANAGEMENT
ASHEVILLE REGIONAL OFFICE
WATER QUALITY SECTION
April 1, 1985
TO: Bill Mills,
..Assistant Section Chief
THROUGH:. Forrest R. Westall,
Regional Engineer
FROM: James R. Reid,
Environmental Che stry Consultant
SUBJECT: 401 Comments
Flood Control Dam
Mill Creek
Rutherford County, North Carolina
No significant water quality problems are anticipated as a result of construc-
tion of the proposed dam if certain precautions are exercised.
1. Any concrete foundations or beds which must be constructed should
be "dry-poured" to insure that live concrete does not contact surface waters.
2. Proper erosion control techniques should be employed during con-
struction, and the exposed surfaces of the earthen dykes should be planted
with a suitable ground cover.
3. Provisions should be made to maintain at least 7Q10 flow in Mill
Creek during and after filling of the impoundment.
/pf
cc: Richard Phillips
ECE'vED

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SAWC085-N-081-0098
DEPARTMENT OF THE ARMY RECE'VED
Wilmington District, Corps of Engineers Rain
Post Office Box 1890 A4 t1
._
Wilmington, North Carolina 284.02-1890 WATER
?1'EF7f?? p`?VS YNAC?TID
??N
March 7, 1985
PUBLIC NOTICE
THE RUTHERFORD COUNTY WATERSHED COMMISSION, represented by MR. W. P.
FOUNTAIN, Contracting Officer, Room 202, Federal Building, 121 South Main
Street, Rutherford, North Carolina 28139, has applied for a Department of the
Army permit TO PLACE PILL MATERIALS IN THE WATERS AND WETLANDS OF MILL CREEK,
A TRIBUTARY OF CATHY'S CREEK, TO CONSTRUCT A FLOOD CONTROL DAM UPSTREAM OF
S. R. 1327, NEAR GILKEY, in Rutherford County, North Carolina.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative-of the Corps of Engineers. Plans submitted with the
application show the proposed placement of approximately 86,000 cubic yards of
earthen fill, obtained from excavation of an emergency spillway and upland
borrow locations, to construct a 38-foot-high earthen dam to span the waters
and wetlands of Mill Creek. The site of the proposed work is approximately
1,000 feet upstream of where S. R. 1327 crosses the creek. The drainage area
involved is approximately 2.7 square miles, and the dam is to establish a
permanent pool area of 23 acres and a high water (100 year-24 hour storm) pool
acreage of 69 acres. The purpose of the work is to provide for flood control
downstream of the site. Plans showing the proposed work are included with this
public notice.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No
Department of the Army permit will be issued until the coordinated State
viewpoint on the proposal has been received and reviewed by this agency, nor
will a Department of the Army permit be issued until the N. C. Office of
Environmental Management has determined the applicability of a Water Quality
Certificate as required by PL 92-500.
This application is being considered pursuant to Section 404(b) of the
Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within
the comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
_2_
S -
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The District Engineer has determined, based on a review of data furnished
by the applicant and onsite observations, that the activity will not affect
species,"Atheir critical habitat, designated as endangered or threatened
pursuant to,'"the Endangered Species Act of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impact including the cumulative impacts of the proposed activity
on the public interest. That decision will reflect the national concern for
both protection and utilization of important resources. The benefit which
against -its reasonably fores eeable--detri-rents-: -Al 1-factor-s-wh-ic-h-may-be--
relevant to the proposal will be considered; among those are conservation,
economics, esthetics, general environmental concerns, wetlands, cultural,
values, fish and wildlife values-, flood hazards, flood plain values, land use,
navigation, shoreline erosion and accretion, recreation, water supply and
conservation, water quality, energy needs, safety, food production and, in
general, the needs and welfare of the people. The evaluation of the impact of
the activity on the public interest will also include application of the
Fny; ronmen.t_a_] Protection
Agency, under the authority of Section 404(b) of the Clean Water Act (40 CFR
Part 320). No permit will be granted unless its issuance is found to be in
the public interest.
Generally, the decision whether to issue this Department of the Army
permit will not be made until the N. C. Division of Environmental Management
(DEM), issues or denies State certification required by Section 401 of the
Clean Water Act. The DEM considers whether or not the proposed activity will
comply with Sections 301, 302, 306, and 307 of the Clean Water Act. The
applicationr and this public notice for the Department of the Army permit
serves as application to the DEM for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, N. C.
Division of Environmental Management, Salisbury Street, Archdale Building,
Raleigh, North Carolina. Copies of such materials will be furnished to any
person requesting copies upon payment of reproduction costs.
The N. C. Division of Environmental Management plans to take final action
in the issuance of the Clean Water Act certification on or after April 16,
1985..
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the N. C.
Division of Environmental Management, Post Office Box 27687, Raleigh, North
Carolina 27611 on or before April 10, 1985, Attention: Mr. William Mills.

-3-
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Jeff Richter, until 4:15 p.m.,
April 8, 1985, or telephone [phone].
L. Warren
Lieutenant Colonel,
Corps of Engineers
Deputy District Engineer
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DATUM NATIONAL
DATUM of
GEODETIC Structure No: 13
1929 Purpose : Flood Control
Darn tpcated in Second Broad River
Watershed, 4Mile$ ?JW()fG?Ikey)N.C.
Counfy o f Ruther ford
State o f North Carolina
Application b? ; Rufherford
Counfy Water shed Com m i sS i otl
Sheet 3 of 3
Date Dec.. 1984
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IN REPLY REFER TO
Regulatory,Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
February 12, 1985
SUBJECT: Fild No. SAWC085-N-081-0098
RECEIV
F6912
'CATER QUALITY SECrIOX
Mr: William Mills
Water Quality Section
Division of Environmental Management
North Carolina Department of
Natural Resources and
Community Development F
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Mills:
Enclosed is the application of the Rutherford County
Watershed Commission, represented by Mr. W. P. Fountain, for a
Department of the Army permit and a State Water Quality
Certification to place fill materials in the waters and wetlands
of Mill Creek to construct a dam near Gilkey in Rutherford County,
North Carolina. Your receipt of this letter verifies your
acceptance of a valid request for certification in accordance with
Section 325.2(b)(ii) of our administrative regulations.
We are considering authorization of the proposed activity
pursuant to Section 404 of the Clean Water Act, and we have
determined that a water quality certification may be required
under the provisions of Section 401 of the same law. A Department
of the Army permit will not be granted until the certification has
been obtained or waived.
In accordance with our administrative regulations, 60 days,
after receipt of a request for certification is considered a
reasonable time for State action. Therefore, if your office has
not acted on the request by April 8, 1985, the District Engineer
will deem that waiver has occurred.
Questions or comments may be addressed to Mr. Jeff Richter,
telephone [phone].
F
Sincerel ,
ha 1 s W. H 1 is
hi , Regul ry Branch
Enclosure
drr, a `Copies Furnished:

-2-
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687

R[M.T TO
ArrMT10N W
Regulatory Branch
Rutherford County Watershed Commission
Contracting Officer, Room 202, Federal Bldg.
121 South Main Street
Rutherfordton, North Carolina 28139
Gentlemen:
JAN 11 1985
This is in response to your application, dated December 18, 1984, to this
office concerning the construction of a dam in Mill Creek in Gilkey, North
Carolina.
This is to advise that effective February 1, 1980, authority for
administering the permit program of the U.S. Army Corps of Engineers in North
Carolina was transferred from the U.S. Army Corps of Engineers, Charleston
District, to the U.S. Army Corps of Engineers, Wilmington District. By copy
of this letter, your application has been forwarded to the Wilmington District
for further action. Any future inquiries or submittal of additional infor-
mation should be directed to the District Engineer, Wilmington District, Post
Office Box 1890, Wilmington, North Carolina 28401.
Sincerely,
F., mith, '
LTC, Corps o ngineers
District Engineer
Copy furnished:
Wilmington District
U.S. Army Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28401
w/enclosures
16 JAN 19$5 y?
DEPARTMENT OF THE ARMY
CHARLESTON DISTRICT. CORPS OF ENGINEERS
P. 0. Box 919
CHARLESTON. S.C. 29402
`.,APPLICATION FOR A DEPARTMENT OF THE ARMY PERMf 6 JAN 1985
For use of this form, see EP 1146-2-1

The Department of the Army pen''t rogram is authorized by Section 10 of the River and Harbor Act of 1899, Section 404 of
P. L. 9Z-500W d Section 103 of P. 92-532. These laws require permits authorizing structures and work in or affecting navigable
waters of"the United States. the discharge of dredged or fill material into waters of the United States, and the transportation of
dredgedmaterial for the purpose of O inping it into ocean waters. Information provided in ENG Form 4345 will be used in evaluating
the application for a permit. Information in the application is made a matter of public record through issuance of a public notice.
Disclosure of the information requested is voluntary; however, the data requested are necessary in order to communicate with the
applicant and to evaluate the permit application. If necessary information is not provided, the permit application cannot be pro-
cessed nor can a permit be issued.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must
be attached to this application (see sample drawings and checklist) and be submitted to the District Engineer having jurisdiction
over the location of the proposed activity. An application that is not completed in full will be returned.
1. Application number (To be assigned by Corps) 2. Date 3. For Corps use only.
18 December 1981
Day Mo. Yr.
4. Name and address of applicant. 5. Name, address and title of authorized agent.
Rutherford County Watershed Commission
Wontracting Officer, Room 202, Federal
Bldg., 121 South Main Street
Ruthg.fi? Idu&?Ws;W%urs Telephone no. during business hours
A/C (7091 287-4817 A/C ( )
A/C ( ? A/C
1 ?
6. Describe in detail the proposed activity, its purpose and intended use (private, public, commercial or other) including descrip-
tion of the type of structures, if any to be erected on fills, or pile or float-supported platforms, the type, composition and
quantity of materials to be discharged or dumped and means of conveyance, and the source of discharge or fill material. If
additional space is needed, use Block 14.
Construct a dal) with 86,000 cu. yds. of earth fill from emergency spillway excavation
and borrow locations. Structure No. 13 will reduce flooding downstream.
7. Names, addresses and telephone numbers of adjoining property owners, lessees, etc., whose property also adjoins the waterway.
L. Clarence B. Padgett Rt. 1, Union Mills, NC 28167 704-287-5280
?. Ray&Ruby Duncan Rt. 1, Union Mills, NC 28167 704-287-8279
3. Ed&Jean Barrier Rt. 1, Union Mills, NC 28167 704-287-7497
1. Robbie L. &Nannie Conner Rt. 1, Union Mills, NC 28167 704-287-2766
5. Mildred Ruth Henderson Rt. 1, Union Mills, NC 28167 ?
i. Patsy. Allen Moore Rt. 1, Union Mills, NC 23167 ?
?. Wayth Revis Moore Rt. I., Union Mills, NC 28167 704-287-4085
tote: For additional names see item 14. Remarks
S. Location where proposed activity exists or will occur.
?§#bximately 1000' Tax Assessors Description: (If known)
S?£
ream from SR 1327
Street, road or other descriptive location Map No. Subdiv. No. Lot No.
Gilkey, N.C.
In or near city or town Sec. T
wp. Rge.
Rutherford N. C. 28139
County State Zip Code
9. Name of waterway at location of the activity.
fill Creek a tributary of Catheys Creek.
IG Form 4345, 1 OCT 77 Edition of 1 Apr 74 is obsolete.
F I at tivity is propo corhnence. Nogg-mhpx 1 OR5
Data activity is expect f completed _..NoXember 1986
11. Is arry portion of the activity for which authorization is sought now complete? 0 YES 0 No
If answer is "yes" give reasotis in the remark section. Month and year the activity was completed
Indicate the existing work on the drawings.
12. List all approvals or certifications required by other federal, interstate, state or local agencies for any structures. consumc--
tion, discharges, deposits or other activities described in this application.
Issuing Agency _ Type Approval Identification No. Date of Application Date of Approval
t
13. Has any agency denied approval for the activity described herein or for any activity directly related to the activity
described herein?
Yes No (If -Yes- explain in remarks)
14. Remarks or additional information.
8. Rutherford Electric Membership 202 Hudlow Road, Forest City,NC 28043 704-245-1621
9- Hillsdale Church%Jegs Blankenship,Rt. 1, Union Mills, N.C. 28167 704-287-7417
r
15.
Application is hereby made for a permit or permits to authorize the activities described herein. I certify that I am familiar
with the information contained in this application, and that to the best of my knowledge and belief such information is true,
complete. and accurate. I further certify that 1 possess the authority to undertake the propos tivities.

The application must be signed by the applicant: however. it may be signed by a duly authorized agent (named in Item 5)
if this form is accompanied by a statement by the applicant designating the agent and agreeing to furnish upon request,
supplemental information in support of the application.
18 U. S. C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency
of The United States knowingly and willfully falsifies, conceals, or covers up by any trick, scheme, or device a material fact
or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document
knowing same to contain any false fictitious or fraudulent statement or entry, shall be fined not more than $10.000 or
imprisioned not more than five years, or both. Do not send a permit processing fee with this application. The appropriate
fee will be assessed when a permit is issued.
t,
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DESIGN 1409, E L EV, IOZ6.5
RISER ELEV. 1019,0
10'
PooL ELEV.1010.$
Q, ?I
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p L
v\ ,FOUNDATION DRAIN AND CUTOFF TRENCH/
`?,_.- CONCRETE BENT SUPPORT AND CRADLE
f?.. RISER, 30 CoNDUIT,AN4, CON.CRETg $Fp101114
STILLING BASIN (ROCK Rip RAP)
50 0 50
$CALE IN FEET
` TYPICAL SECTION
DATUM NATIONAL
DATUM of

GEODETIC
1929
Structure No : 13
?I
4
3
,
PNrpose : Flood Control
Dam Located in Second 13 road River .
Watershed, 4-Miles NWofG#'Ikey,N.C.
County of Rutherford
State of North Caroling 3
Application Rutherford
iCo4ntN Watershed Coln rrt i ss i o
$hee t 3 of 3
Date Dec.. 1984