19890326 Ver 1_Complete File_19890101

40-11 4....,.
?p ` ? STA7F' 4k?
State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street ® Raleigh, North Carolina 27611
James G. Martin, Governor May 25, 1989 R. Paul Wilms
William W. Cobey, Jr., Secretary Director
b
Mr. Bjorn Dahl
Forest Supervisor
U.S. Department of Agriculture
Post Office Box 2750
Asheville, North Carolina 28802
Subject: Certification Pursuant to
Section 401 of the Federal
Clean Water Act, Proposed
Channel Relocation
U.S. Forest Service
U.S. Department of
Agriculture
Shell Stand Creek
Graham County
Dear Mr. Dahl:
Attached hereto are two (2) copies of Certification No. 2340
issued to the U.S. Department of Agriculture, Forest Service
dated May 25, 1989
If we can be of further assistance, do riot hesitate to
contact us.
Sincerely,
kAk
Paul Wilms
cc: Wilmington District Corps of Engineers
Neville Regional Office
r. William Mills
Mr. George Everett
Pollution Prevention Pavs
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
K
NORTH CAROLINA
Graham County
CERTIFICATION
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 the U. S. Department of Agriculture, Forest Service pursuant
to an application filed on the 14th day of April, 1989 to
relocate a portion of Shell Stand Creek in the Nantahala Forest
around a rock slide area.
The Application provides adequate assurance that the
discharge of fill material into a wetlands area adjacent to the
waters of Shell Stand Creek in conjunction with the proposed
streat relocation in Graham 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 PL
92-500 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 50 NTU's or less are not
considered significant).
2. That the new channel side slopes where subject to
erosion be protected with rock rip rap. That the
new channel be constructed to create a series of
riffle/pool complexes.
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 Permit.
This the 25th day of May, 1989.
DIVISION OF ENVIRONMENTAL MANAGEMENT
/`R. Paul Wilms, Director
WQC# 2340
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Regulatory Branch
April 13, 1989
SUBJECT: File No. CESAW-CO-N-89-038-0272
Mr. William Mills
Water Quality Section
Division of Environmental Management
North Carolina Department of Natural
Resources and Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Mills:
RC IN/ ED
p, R'; 4089
`NOPFRAT ONS F SECTION
Enclosed is the application of the U.S. Forest Service, Nantahala National
Forest for a Department of the Army permit and a State Water Quality
Certification to place excavated/fill material in Shell Stand Creek to
facilitate a channel change, in the Nantahala National Forest, Graham 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 June 14,
1989, the District Engineer will deem that waiver has occurred.
Questions or comments may be addressed to Mr. Bob Johnson, telephone (704)
259-0855.
Sincerely,
ar s W. Hollis
ief, Regulatory Branch
Enclosure
-2-
1 4
Copies Furnished (without enclosure):
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
.:.. tt Mfyj^,
-",4mited States Forest National Forests Post Office Building
1?&epartment of Service in North Carolina Post and Otis Sts.
Agriculture P.O. Box 2750
Asheville, NC 28802
Irey M- t tr V M
Reply to: 1950 APP, .31989
Date: March 30, 1989REGULATORY BRANCH
U. S. Army Corps of Engineers
P. 0. Box 1890
Wilmington, NC 28402-1890
ATTN: Regulatory Branch
Gentlemen:
Please find enclosed an environmental assessment and application for a permit
to relocate approximately 300 feet of Shell Stand Creek (Graham County) around
existing and potential slides of fill material which has become unstable since
construction of a U. S. Forest Service system road.
Because the actions proposed in our application are designed to minimize any
additional adverse impacts to aquatic fauna in Shell Stand Creek, your
assistance in obtaining an expeditious review is urgently requested. Following
are some of the positive results we can achieve with an expedited review and
permit.
-Shell Stand Creek streamflow can be isolated from the failed road
materials, thereby preventing smaller particles of those materials from
downstream transport and sedimentation with attendant damage to aquatic
biota.
-Should additional road slides occur (as appears likely) isolation from
Shell Stand Creek will prevent entry of those materials into the stream
system.
-Early completion of the relocated channel will enhance colonization by
fish and aquatic insects since populations of many species will be
approaching peak levels with newly recruited young of year, and seasonal
environmental conditions will be favorable.
We appreciate your assistance in this important action. If we can provide any
additional information, please call Richard Burns (704/257-4214) or Donley Hill
(704/257-4814).
Sincerely,
/ BJORN HL
Forest Supervisor
nsui? Caring for the Land and Serving People
cc: Bob Johnson
APPLICATION
FOR
PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERTIFICATION
EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT 11 Department of Administration State of North Carolina
Department of the Army
(GS 146.12) Department of Natural Resources and Community Development Corps CFR 2nginee 429)mington District
(33 .320
(GS 113.229, 143-215.3(a)(1), 143-215.3(c), 113A-118
Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blame.
APP 3 1989
1. Applicant Information _ REGULATORY BRANCH
A. Name JJSDA, Forest Service - Nantahgla National Forest -
Middle
' Last First
B. Address P 0 - Box 2750
Street, P. O. Box or Route
Asheville, NC 28802 704/257-4200
City or Town State Zip Code Phone .
II. Location of Proposed Project:
A. County Graham
B. 1. City, town, community or landmark South of Stecoah Community
2. Is proposed work within city limits? Yes No X
chpl I crn.+.t
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project
Creek - tributary to Panther Creek'
III. Description of Project
A. 1. Maintenance of existing project 2. New work ('Ana ,-„rt 350' new stream channel-
B. Purpose of excavation or fill
1. Access channel length width depth
2. Boat basin length width - depth
3. Fill area length width depth
4. Other Stream diversion length 30' width 3' depth 3' high
C. 1. Bulkhead length Average distance waterward of MHW (shoreline)
2. Fype of bulkhead construction (material)
D. Excavated material (total for project)
1. Cubic yards 250 cubic yds. 2. Type of material Soil and Rock
E. Fill material to be placed below MHW (sec also VI. A)
1. Cubic yards 45 yds for diversion 2. Type of material quarry stone - riprap and local soil
berm -original channel to serve as sediment trap. and may accumulate up to 39.0 cubic yd
IV. Land Type, Disposal Area, and Construction Equipment: X
A. Does the area to be excavated include any marshland, swamps or other wetland? Yes X No
B. Does the disposal area include any marshland, swamps or other wetland? Yes No
C. Disposal Area
1. Location
2. Do you claim title to disposal area?
D. Fill material source if fill is to be trucked in local quarry
E. How will excavated material be entrapped and erosion controlled? Mulch and prompt revetation; shaping of
material, silt fencing
I . I ype of equipment to be used D-6 dozer backhoe and front end loader
G. Will marshland be crossed in transporting equipment to project site? If yes, explain No
&F-01

Mail lM copy to:
- Both copies are completed
- - All blanks are filled in
-- You have signed both copies
If you have any questions please call your regional field office.
I
District Engineer
Wilmington District Corps of Engineers
P. O. Box 1890
Wilmington, N. C. 28402
(Note: attach Corps transmittal letter)
Phone: [phone]
AND
Mail one copy to your regional field office as indicated on the map below:
K
i
W
est of Chowan River and south of Pamlico River/ Hertford
including southern half of Beaufort County. .f------
Coastal Management Field Services
1502 N. Market Street Berrie
Washington
NC 27889 ?•
,
919/946-6481

?--moo,-_-•``
Per,,"
New
r-- 1 Hanover
\ j Brunswick
PLEASE BE SURE THAT:
East of Chowan River and north of Albemarle Sc
to Virginia border, including northern Dare C j,
and outer banks to Ocracoke Inlet.
Coastal Management Field Services.
108 S. Water Street
Elizabeth City, NC 27909
919/338-0206
South of Pamlico River and Beaufort County to
New-River including barrier islands from Ocracoke
Inlet to north of New River Inlet.
Coastal Management Field Services
P. O. Box 769
Morehead City, NC 28557
919/733-2160 or 726-7021
South of New River Inlet to South Carolina border.
Coastal Management Field Services
7225 Wrightsville Avenue
Wilmington, NC 28403
919/256-4161
V. Intended Use of Project Area (Describe)
A. 1. Private
2. Commercial
3. Housing Development or Industrial
4. Other New stream channel to replace landslide blocked resent channel on Federal
an - anta a a National Forests
1. Lot size(s)
2. Elevation of lot(s) above mean high water
3. Soil type and texture
4. Type of building facilities or structures
5. Sewage disposal and/or waste water treatment A. Existing Planned
B. Describe
6. 'Land Classification'(circle one) DEVELOPED TRANSITIONAL COMMUNITY RURAL
CONSERVATION OTHERNa ional Forest (See CAMA Local Land Use Plan Synopsis)
VI. Pertaining to Fill and Water Quality:
A. Does the proposed project involve the placement of fill materials below mean high water? Yes X No
B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following project completion? Yes X No
2. Type of discharge Natural rainfall runoff
3. Location of discharge
VII. Present rate of shoreline erosion (if known):
VIII. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
work in project area, if applicable:
IX. Length of time required to complete project: 2 weeks
X. In addition to the completed application form, the following items must be provided:
A. Attach a copy of the deed (with State application only) or other instrument under which applicant
claims title to the affected property. OR if applicant is not claiming to be the owner of said property,
then forward a copy of the deed or other instrument under which the owner claims title plus written
permission from the owner to carry out the project on his land.
B. Attach an accurate work plat drawn to scale on 8%: X 11" white paper (see instruction booklet for
details). Note: Original drawings preferred - only high quality copies accepted.
C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or
certified mail or by publication (G.S. 113-229 (d))Enter date served
D. List names and complete addresses of the riparian landowners with property adjoining applicant's.
Such owners have 30 days in which to submit comments to agencies listed below.
No other adjacent riparian landowners within - stream miles
X1. Certification requirement: I certify that to the best of my knowledge, the proposed activity , -)mplies
with the State of North Carolina's approved coastal management program and will be conducted in a
manner consistent with such program.
XII. Any permit issued pursuant to this application will allow only the development described in this appli-
cation and plat. Applicants should therefore describe in the application and plat all anticipated devel-
opment activities, including construction, excavation, filling, and land clearing.
DATE 3/30/89 N L
's Signature
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VICINITY MAP
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« DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
CESAW-CO-89-N-038-0272 April 13, 1989
PUBLIC NOTICE
THE UNITED STATES DEPARTMENT OF AGRICULTURE, FOREST SERVICE, NANTAHALA
NATIONAL FOREST, POST OFFICE BOX 2750, ASHEVILLE, NORTH CAROLINA 28802, has
applied for a Department of the Army permit TO RELOCATE AND FILL PART OF SHELL
STAND CREEK IN THE NANTAHALA NATIONAL FOREST, Graham 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 excavation of an approximately 300-foot-long,
18-foot-wide, and 1.5-foot-deep new channel. The side slopes of the channel
are to be an average of 1 foot horizontal to 1 foot vertical. Erosion prone
slopes are to be protected with rock riprap. The channel is to be constructed
so as to establish a series of riffle/pool complexes. Instream structures
such as boulders and anchored logs are to be installed to further enhance
aquatic habitat. An earthen/rock plug is to remain at the upper end of the
new channel during construction. Once the channel is stabilized, the plug
will be removed and a diversion berm consisting of approximately 45 cubic
yards of rock and soil is to be installed to divert stream flows into the new
channel. The abandoned channel will be left unfilled to serve as a trap to
catch probable future landslides and continued erosion of landslide faces.
Work is to be accomplished with a D-6 bulldozer, backhoe, and front end
loader. Prompt revegetation and mulching, silt fencing, and shaping of ground
surface materials are planned to entrap sediment and control erosion on
disturbed soil areas. The purpose of the work is to route the creek around
existing and potential slides of rock and soil which has become unstable since
construction of a U.S. Forest system road (Cook Branch Road). The work will
also allow the repair and resumed use of the road without further detrimental
effects on Shell Stand Creek. Plans showing the 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 North Carolina
Division of Environmental Management has determined the applicability of a
Water Quality Certificate as required by PL 92-500.
f
„sr
_2_

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 ofHistoric 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.
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, or their 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 impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards, flood plain values, land use, navigation, shorE-er-osion-arrd -
accreti_on, recr-eation, water-supp y and conservation, water quality, energy
needs, safety, food and fiber production, mineral needs, considerations of
property ownership, and, in general, the needs and welfare of the people. For
activities involving the placement of dredged or fill materials in waters of
the United States, a permit will be denied if the discharge that would be
authorized by such permit would not comply with the Environmental Protection
Agencies' 404(b)(1) guidelines. Subject to the preceding sentence and any
other applicable guidelines or criteria, a permit will be granted unless the
District Engineer determines that it would be contrary to the public interest.
Generally, the decision whether to issue this Department of the Army
permit will not be made until the North Carolina Division of Environmental
I
-3-
Management (DEM) issues, denies, or waives 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 application and this public notice for the Department of
the Army permit serve 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, North
Carolina 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 North Carolina Division of Environmental Management plans to take
final action in the issuance of the Clean Water Act certification on or after
May 8, 1989.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in.writing delivered to the North
Carolina Division of Environmental Management, Post Office Box 27687, Raleigh,
North Carolina 27611-7687, on or before May 19, 1989, Attention: Mr. William
Mills.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Bob Johnson, until 4:15 p.m.,
May 1, 1989, or telephone [phone].
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VICINITY MAP
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DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
CESAW-CO-89-N-038-0272 April 13, 1989
PUBLIC NOTICE
THE UNITED STATES DEPARTMENT OF AGRICULTURE, FOREST SERVICE, NANTAHALA
NATIONAL FOREST, POST OFFICE BOX 2750, ASHEVILLE, NORTH CAROLINA 28802, has
applied for a Department of the Army permit TO RELOCATE AND FILL PART OF SHELL
STAND CREEK IN THE NANTAHALA NATIONAL FOREST, Graham 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 excavation of an approximately 300-foot-long,
18-foot-wide, and 1.5-foot-deep new channel. The side slopes of the channel
are to be an average of 1 foot horizontal to 1 foot vertical. Erosion prone
slopes are to be protected with rock-riprap. The channel is to be constructed
so as to establish a series of riffle/pool complexes. Instream structures
such as boulders and anchored logs are to be installed to further enhance
aquatic habitat. An earthen/rock plug is to remain at the upper end of the
new channel during construction. Once the channel is stabilized, the plug
will be removed and a diversion berm consisting of approximately 45 cubic
yards of rock and soil is to be installed to divert stream flows into the new
channel. The abandoned channel will be left unfilled to serve as a trap to
catch probable future landslides and continued erosion of landslide faces.
Work is to be accomplished with a D-6 bulldozer, backhoe, and front end
loader. Prompt revegetation and mulching, silt fencing, and shaping of ground
surface materials are planned to entrap sediment and control erosion on
disturbed soil areas. The purpose of the work is to route the creek around
existing and potential slides of rock and soil which has become unstable since
construction of a U.S. Forest system road (Cook Branch Road). The work will
also allow the repair and resumed use of the road without further detrimental
effects on Shell Stand Creek. Plans showing the 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 North Carolina
Division of Environmental Management has determined the applicability of a
Water Quality Certificate as required by PL 92-500.
I

-2-
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.
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, or their 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 impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards, flood plain values, land use, navigation, shore
-erosia
accr_e-ti-on?reereatlon;-warmer supp y and conservation, water quality, energy
needs, safety, food and fiber production, mineral needs, considerations of
property ownership, and, in general, the needs and welfare of the people. For
activities involving the placement of dredged or fill materials in waters of
the United States, a permit will be denied if the discharge that would be
authorized by such permit would not comply with the Environmental Protection
Agencies' 404(b)(1) guidelines. Subject to the preceding sentence and any
other applicable guidelines or criteria, a permit will be granted unless the
District Engineer determines that it would be contrary to the public interest.
Generally, the decision whether to issue this Department of the Army
permit will not be made until the North Carolina Division of Environmental
-3-
Management (DEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The DEM considers whether or not the
proposed activity will comply with Sections 3011 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department of
the Army permit serve 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, North
Carolina 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 North Carolina Division of Environmental Management plans to take
final action in the issuance of the Clean Water Act certification on or after
May 8, 1989.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in.writing delivered to the North
Carolina Division of Environmental Management, Post Office Box 27687, Raleigh,
North Carolina 27611-7687, on or before May 19, 1989, Attention: Mr. William
Mills.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Bob Johnson, until 4:15 p.m.,
May 1, 1989, or telephone [phone].
I
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