20181418 Ver 1_More Info Received_20181220

Goss, Stephanie
From: Dean Bushey <[e-mail]>
Sent: Thursday, December 20, 2018 2:17 PM
To: Goss; Stephanie
Subject: [External] Addition, at 53'36 Cherrycrest Court
Attachments: DWR application.pdf
CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an
attachment to Report Spam.<rriailto:report.spam@n'c.gov>
Stephanie,
Followin' our phone conversation last week I have done the following:
1) Redone the application based on the addition and; nof'the deck. We discussed just redoing.pages;3 and 4, but I did all
four pages just to be clear. I have attached a copy of theA page application' to this email and have pl,aced a.hard copy in "
the mail addressed to you.
2) 1 attached the survey map with Zone 2.labeled and the addition labeled to the back of the application (page 5 of
application). II'
.3) 1 have disconnected the. downspout'drain that was hooked into an underground drain into the creek. Ii have put a.
sp'la'sh guard under the downspout and, did some landscaping around the drain area to help to dissipate the flow out of.
the pipe: I'
'4) I,have enclosed pictures of the present situation with the downspout both to this email and hard copies in the letter
with the application
I think'1 followed what we discussed. If I misunderstood or forgot anything please let me know and I' ill do my best to
get youwhat you need. Thank you for all your help and I will await your decision and go from there.!
Have a good holiday.
Dean

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State"cif®eth Carolina
pepartment'of 'Environment and,lU W ai' Resources
.�FDivesron of Water Resources
Dtv&si®n of :mater Resources .
15,0 NCAC,028 :0233"(8){b), ,a293 (8)eta}, .025 (l}tb}, :0253 (i$)(b). ,0�7 {11(c}, -0607 {e}(2)Buffer Authorization
F®RM_ .BA 10-2013
A. ApplicantRiparian Bpffer �kdtt �r{ a inn .F��I�I
1 Project leiforTnatiork .. =
1 a. -Name of proiect::.
1 b. •'County:
1 c., Nearest municipaj4ty: ' /moi `
1d. Subdivision name: ✓ = ,-,
1e. is the project located,in any of,Worth Carolina s' [] Yes Ed wo ;
twenty cdastai' counties.: If"yes, answer 1f below. ;
1.f. is the�project.located�within a NC Division of Coastal y No
Management'A', of Environmental Concerti:(AEC)2 ,` ,
2. Owner InfornMatiob � ; •�
2a., Name on, Recorded. Deed:
2b. Deed Book and Page No.
2c. Map Book and Pa a No.
9z,', 0
(include a copy of the, recorded
'map that indicates when; the lot
was created):
2d. Responsible Party , . I✓'
f (for. Corporations):
2e.. Street address:, C.
2f. City,; state, zip:
2g. Telephone no.:
2h. Fax no.:
2i. Email address: -
3. Applicant Info_ rMation (if different from owner)3a. `Applicant is: ❑ Agent ' ❑ Other, specify:.
3b_ Name:
3c. Business name
(if applicable):
30. Street address:
,
3e. City,. state.-zlp:
3f. Telephone no.:
3g. Fax no,:
3h. Email address:
applicable)
4, Agent(Consultanttnformaton {if app }.
.4a. Name:
4b. Business name
(if spplieable):
4c. Street.address:
4d: City, state, ziP:
4e. Telephone no.:
4f. Fax rio:*
'4g. Email address:
Page 1 of 4
2013
FORM: BA 10-

B. Project Information and Prior Project History
1. Property Identification
1a. Property idenfificabon no. (tax PIN or parcel ID): f. lam'
1b. Site coordinates (in decimal degrees): Latitude -.3,;'7i5'79/,-1 Longitude:
1c. Property size: acres .
2. Surface Waters
_
2a. Name of nearest body of water to proposed project:
L�"✓ �e: K
2b. Water Quality Classification of nearest receiving
water.`'"
2c. River basin:
IL I&,—,
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
thi application: i1�1°e,� re�I tea,; G �' �,�-eGti cL�S k� F
1 J C1
3b_ Attach an 8'/2 x 11 excerpt from the most recent version of the USGS topographic m indicating the location
of the site
3c. Attach an 8 1/2 x 11 excerpt from the most recent version of the published County MRCS Soil Survey Map
depicting the project site
3d. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property.
-
3e. Explain the purpose of the proposed project: li"1,11 be �) � � �°�' fie" f?�3t� � ' �� � 15 V/,?,
3f. Describe the overall project in detail, including the type of equipment to be used:.�i
a-ze-41 (G'? 5 tJ<: iJ.'G.r) �i >sN V l es
' 4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
ffYes ❑ No ❑ Unknown
Corps or State been requested or obtained for this property/
Comments:
project (including all prior phases) in the past?
4b. If yes, who delineated the jurisdictional areas?
Agencyl Consultant Company:
Name (if known): } r °° S A-`; ° Z:--47 ' 'f;
Other.
4c. if yes, list the dates of the Corps jurisdictional determinations or State determinations and attach
documentation.
5. Project History '
5a. Have permits or certifications been requested or obtain=for[=�ZlYes ❑ No ❑ Unknown
this project (including all prior phases) in the past?
5b. If yes, explain and detail according to "help file" instructions"
.la 'fi gGGi is
6. Future i3roject Plans -�
❑ Yes CJ No
6a. Is this a phased project? W
6b. If yes, explain.
FORM: BA 10-2023 Page 2 of 4

:C.Proposed.11MOacts InVentory
1. Avoidance and Mifilmi"tion
....... ...
Ia. Specificatly'descrioe meelsu . res taken to avoid or minimizethpprgpased cts in designing; project..
G e"7
1. _Bufferlmp'aa
1b. Specifically describe measures taken to avoidI or minimize I the proposed impacts through construction
J
u' , ),oi,;,v �,;, 151i?P�1&_,%,
technio es - a I . I . I
5:
1 a. Projedt is in which Protected
7 -7.
9Neuse
Tar -Pam 1co,Catawba
;Ei'.­l
basin?ose
M Randleman El Jordan Creek,
t Ire mitigation, the .1 n'you MUST filo out 366066 D bf.".`
1b. Individually list all b6ffdr iftioaft: b any impacts requ
this form.
Zone 1 -3 (2 for Catawba]
i
Zone 2 1.5
::,' R
BufIer impattbasdh for
Type of impact:.:
Stream name
Buffer... Zone I
-Zone 2,
number imapt.'i,
(exenpt, alloivable
2f. Comments:
-"iqaf impact
inpac,(' ,
Permanent (P)
;allowadlewl
j
required?- (Sq
ft),
,or Temporary
(T
Bl ffP [IT
0 Yes,
82 0 P El T
M Yes O' No ,
83 C3'0 F1 T
E] Yes. F1 No
B4 EI -P El T.
0 Yes El No
B5 El P, El T
F1 Yes [:] No-
B6,,E] P Fl. T I
C] Yes [J:No
Total 6646r impacts
.. I / Y),
I Ic—Comments- x 42, /V
� -11"i i/K
IrripactAustiffi:aflon and: MItioation
1. Avoidance and Mifilmi"tion
....... ...
Ia. Specificatly'descrioe meelsu . res taken to avoid or minimizethpprgpased cts in designing; project..
G e"7
1b. Specifically describe measures taken to avoidI or minimize I the proposed impacts through construction
J
u' , ),oi,;,v �,;, 151i?P�1&_,%,
technio es - a I . I . I
5:
2. Buffer Mitigation
2a. Will the project result in an impact within a protected riparian buffer that requires buffer. 0 Yes
mitigation?
7
quire miti t'
1b.Afyes thenAdentify the square feet of impact to each zone of the, riparian, buffer that re a.io,
-
c6lcUlate the amount of mitigation required in the"table be ow.,
Zone 'Reason for impactTotal impact Multiplier Required mitigation
s,q6arb11e6t)
re feet
Zone 1 -3 (2 for Catawba]
i
Zone 2 1.5
Total buffer mitigation.required:., 1
2c. If buffer mitigation is, required is.paym . 6ritto-a
El Yes F1 No
'
mitigation bank or NO EEP proposed!
2d. If Yes, attach the acceptaricie: letter from the mitigation bank or NC EEP.
2e.. If no, then discuss what type of mitigatiop- is proposed.
2f. Comments:
age 3 Pf.4.1

r
E. Diffuse Flow.Plarg
All buffer irttpacts and high grourid; impacts require diffuse flow or other form of
Difkuse flow, •' '
stormwater.treatment 'include a'plan that.fully documents how diffuse flow Will be
Other '
°inaiiitained. ,If a Level Spreader is proposed, �atiach a Level° Spreader Supp%lement Form_
-BMP
if due to site cor;straints,"-BMVfP ether. than 6 -level spresder.is proposed; please provide a
'
environmental document pursuant to the requirements of tfie National or State (North
plan for storrii%4ater tri afinent;as outIirie fin ,Chapter 8 of the: NC StormWat6fBN4
Carolina) Environmental Poficy.Act (NEPAISEPA)?
Manual and. attach a BMP Suppl"'errient Form.
1 c. if you answered yes°' to the above, iias the document,tieen finalized'by the State
F. Supplemeritasy lnfdrmatioss"
1. EnvirohmeniafDocoenentatlon
1 a. Does the project involve an expenditure of public (federallstatellocai) funds or the use
fl Yes No'
of public (federailstate) land?
7-
1b. : lf.you answered 'yes -,to the above, does the project require preparation of an
ElYes El. No.
environmental document pursuant to the requirements of tfie National or State (North
Send 3 complete sets of
Carolina) Environmental Poficy.Act (NEPAISEPA)?
or governrsaent IraIpsportation. projects sent
1 c. if you answered yes°' to the above, iias the document,tieen finalized'by the State
El Yes _ ❑ No
Clearing 'kouse? (if so, attach a `copy of the NEPA or SEPA',final approval letter.)
161.7 Mail Service Center
Raleigh, 1C 27699'-1647
.Comments:-
For all other projects sent by FirstClassMail,-
'
2. Violations
2a: Is the site in violation of MR Welland Rules (1.5A NCAC Q2H .6500), {solaced Wetland
❑Yes I� No
Rules (15A NCAC, 02H.A300),.DWR Surface Water or,Wetland Standards, or Riparian'
OR
NCDWR - 401 & Buffer Permitting Branch i
Buffer Ru1es1(15A,NCAG028.0200)?
512 N, .Salisbury Street
Raleigh,`NC 27604
Raleigh, NC 27699-1617
2b. is this an after -the -fact permit application?
Yes No
i
2c, -If you ansWered "yes" to one or• both of the above. questions provide art explanation of the violations)
Ali l VAT l�/x37j su "ell
1
0
P
`
ApplidariflAgents Printed acne '
ApplicentlA ' ent's Signature
(Agenf s signature is vafld only if an authorization letter.from the applicant is provided.)'
Date
this form and accompanying documents to the following:
Send 3 complete sets of
or governrsaent IraIpsportation. projects sent
Far government transportation projects sent by
delivery service {UPS; FedEEx etc): i
by tIS First Class via the Postal Service:
NC DWR; Transportation Permitting Unit
1
OR NC DWR, Transportation Permitting Unit .
161.7 Mail Service Center
Raleigh, 1C 27699'-1647
512 N. Salisbury Street
Raleigh; NC 27604
i
For all other projects sent by FirstClassMail,-
For all other, projects sent by delivery service
via. the Us Postal Service
(tLPS, FedE etc):
Karen Higgins .
Karen Higgins
NCDVIIR _ 401 Buffer'Permittirtg Branch: ':
OR
NCDWR - 401 & Buffer Permitting Branch i
1.617. Mail Service .Center
'.
512 N, .Salisbury Street
Raleigh,`NC 27604
Raleigh, NC 27699-1617
FORM: -BA 10-2013
Page 4 of 4

EIP - EXIS17NO IRON PIPE DEAN'FRANKLJN BUSHEY-
' E16 --EXISTING lRON',BAR;
•BEIP BENT IRON, 131PE xtar5: o
BEiB - SENT IRON BAR.
CM _ CONCRETE MONUMENT L.
EPK - EXISTING PK NAIL
SPK - SET PK_ NAIL LOT '34, CEDAR :HELL -ESTATES
NIP. - NEW IRON ,PIPE SET
A/W -RIGHT OF WAY 5336 CHERRYCR•EST COURT
CATV - ,CABLE TY Box PIN# 1716.09-07-3383
EB - ELECTRIC BOX '.
TEL - TELEPHONE PEDESTAL D.B. 2558, PAGE -94.2
PP -'POWER POLE P.M. 1572.' PAGE 334 VICINITY; MAP
C8'- CATCH BASIN -
LP - LIGHT POLE 7 CITY .OF RALEIGH.
YN - WATER METER
WV - WATER VALW_ WAKE COUNTY, NOR-TH,'CAROLINA.
CO - SEWER CLEAN-OUT, '
AUGUST 29, 2018:
40 . 20' '. 0 40 , 80
'SOLE 1"=40':
- - THIS PROPERTY MAY HE SUMCT TO „ -
r NEUSE s'UVEH NPAMAN-BUFFR RULES.
`- CALL NX. MIASION OF WAIM CDAUrr TO
N/F ,VMFY (819 -771 -4WD).
CITY C F RALECK - r" "" --'-.•_ �- _ .
8.6. 2351, PAGE 292.t-
PIN f .1705.08-99-3©20-
_
EASEMENT A - �. J NaRMENo 7otiMOUSE 1 r
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OF IO' MflNC' ENTS AND OTIiER SUBDIVISION PROPERTY //�J 1�
.1 C HERS. 1H1 ,SURVEY ISNOT TO BE RECCROED iST'?t a �G'�!✓1✓tl1 ,
333 S. White Streafi . �H5 Wg +a AUTrIOTZnTIQN o>,iHE SURVEYOR. / �%
kk Post Office box:1253
1 Wake Forest, N.C.', 27588
S - {919.}558-31h8- ..
:: ... � 1 � , ; ROFES_tlONAL LAND SURVEYOR

G®ss, Stephanie
From: Goss,.Stephanie
Sent: Monday, December 03, 2018 1:36 PM
To:, Wojoski, Paul A
Cc: Higgins, Karen
Subject: RE: [External] Re: Deck Zoning Authorization -Bushey
Paul,,
Yes, thank you very much. I will transfer the projectAd you in Laserfiche a'nd BIMS' and I have,forwarded you all my
correspondence to and from Mr. Bushey.
Stephanie.Z. Goss I'
Environmental Senior Specialist
Division of Water Resources
Raleigh Regional Office
3800 Barrett Drive
Raleigh, NC 276og
919-79174256
E-mail correspondence to and -from this address may be subject to the
North Carolina Public Records Law and may be disclosed to third parties
From: Wojoski, Paul A
Sent: Monday, December 03, 2018 1:28 PM
To: Goss, Stephanie <[e-mail]>iI
Cc: Higgins, Karen <[e-mail]> !I
Subject: RE: [External] Re: Deck Zoning Authorization -Bushey
i
Stephanie —
I
i
Yes, I think we need a Buffer Variance Application and supporting materials as he'd needs to provide information about
hardship, etc. for all impacts in Zone 1, then I can process as a major variance. We only have the Major Variance process
to authorize uses in Zone 1 outside of the table.
Thanks,
Paul
Paul Wojoski
401 & Buffer Permitting Branch j J
Division of Water Resources
Department of Environmental Quality
[phone] office "Please note new phone number. **
Paul.Wojoski(aD_ncdenr.Qov
512.N. Salisbury Street (Archdale Building), Suite 942-F, Raleigh, NC 27604
1617 Mail Service Center, Raleigh, NC 27699-1617
1

�o e
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Goss, Stephanie
Sent: Monday, December 03, 2018 10:47 AM
To: Wojoski, Paul A <[e-mail]>
Cc: Higgins, Karen <[e-mail]>
Subject: RE: [External] Re: Deck Zoning Authorization -Bushey
Paul,
Yes, both projects have been completed. He submitted an after -the -fact buffer authorization to me for approval. The
fact that it was Zone 1 approval I sought more information from him. I do not know when the creek was daylighted. I
think it was 10+ years ago. From his e-mail:
"The City of Raleigh removed this pipe and opened the creek up to what we now have and I have been
carefully maintaining the vegetation and monitoring the creek bank for 10+ years. "
Do you mean Major variance and you will handle it from here? Just wanted to confirm.
Stephanie Z. Goss
Environmental Senior Specialist
Division of Water Resources
Raleigh Regional Office
3800 Barrett Drive
Raleigh, NC 27609
919-791-4256
E-mail correspondence to and from this address may be subject to the
North Carolina Public Records Law and may be disclosed to third parties
From: Wojoski, Paul A
Sent: Monday, December 03, 2018 10:42 AM
To: Goss, Stephanie <[e-mail]>
Cc: Higgins, Karen <[e-mail]>
Subject: RE: [External] Re: Deck Zoning Authorization -Bushey
Hey Stephanie —
From what I pulled together:
The workshop/addition to the house was done in April 2018. City of Raleigh Approved without telling
homeowner to contact DWR. No Authorization from DWR was sought, homeowner believes this was because of
how the buffers were measured.
Homeowner expanded existing deck without authorization from DWR (from 38 — 238 SF in Zone 1) soon after
the creek was daylighted by the City as part of another project (what date? — this may be a confounding issue
we can look into: the city daylit the creek and homeowners didn't know their property was now subject to
buffer rules...)

Have both of these projects been completed?
I'd have the homeowner provide a variance application for the deck and workshop addition (after the fact, I assume). In
support of the application he can provide the permitting drawings submitted to the City for the workshop addition (April
2018) and the deck. We can look into how the buffers were shown on these drawings (i.e. if the home addition was out
of Zone 1 base on an incorrect survey and submitted the City, but not caught by them ... we can consider that.)
Bottom line, we need to authorize and account for the buffer impacts and we can work with him, but we need a
variance application and supporting documents to process.
Thanks,
Paul
Paul Wojoski
401 & Buffer Permitting Branch
Division of Water Resources
Department of Environmental Quality
[phone] office "Please note new phone number."
Paul. W oioski(cDncdenr.00v
512 N. Salisbury Street (Archdale Building), Suite 942-F, Raleigh, NC 27604
1617 Mail Service Center, Raleigh, NC 27699-1617
Nothing Compares ,.
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Goss, Stephanie
Sent: Monday, December 03, 2018 8:42 AM
To: Wojoski, Paul A <Paul.Wo!oski@ncdenr.¢ov>
Cc: Higgins, Karen <[e-mail]>
Subject: FW: [External] Re: Deck Zoning Authorization -Bushey
Paul,
Please see Mr. Bushey's reply below regarding the addition and deck.
Hope you had a nice weekend!
Stephanie Z. Goss
Environmental Senior Specialist
Division of Water Resources
Raleigh Regional Office
3800 Barrett Drive
Raleigh, NC 27609
919-791-4256
E-mail correspondence to and from this address may be subject to the
North Carolina Public Records Law and maybe disclosed to third parties

From: Dean Bushey <[e-mail]>
Sent: Saturday, December 01, 2018 10:50 AM
To: Goss, Stephanie <[e-mail]>
Subject: Re: [External] Re: Deck Zoning Authorization -Bushey
Dear Ms Goss,
I contacted our builder about your question on the authorization/approval for the addition from the DWR and
I copied his reply below (in blue). The addition was never considered as issue with DWR. My guess is that this
may have been because the distance from the creek was measured from the edge of the creek as instructed
in the directions since the creek bed was planted with vegetation by the City of Raleigh. I attached the section
from 15A NCAC 0213.0233 where it talks about the measurement for Zone 1 (in red). I was not involved with
the discussions on the permit for the addition as the contracted handled those issues. As far I knew all
necessary permits and authorizations were completed. As he mentioned the involvement of DWR only
became as issue when the new survey was required and the deck was noted as being expanded from the
original deck. The deck was expanded by myself soon after the creek was installed not realizing I needed
anything from the DWR at the time. Just to put this into context, when we bought the property in 1981 there
was no exposed creek, just a 52 inch pipe that was underground and served the purpose to move the creek
water from Cedar Hills park to the lake on the south side on Mapleridge road. The City of Raleigh removed
this pipe and opened the creek up to what we now have and I have been carefully maintaining the vegetation
and monitoring the creek bank for 10+ years.
If you have further questions about the addition we need to get Scott Bower involved about discussions on
permits with and what was decided as I mentioned I was not involved with those discussions.
I hope this helps with your decision on how we might move forward with this issue.
Dean Bushey
1. Zone 1 shall consist of a vegetated area that is undisturbed except for uses provided for in
Item (6) of this Rule. The location of Zone 1 shall be as follows:
1. (i) For intermittent and perennial streams, Zone 1 shall begin at the most landward
limit of the top of bank or the rooted herbaceous vegetation and extend landward a
distance of 30 feet on all sides of the surface water, measured horizontally on a line
perpendicular to the surface water.
I don't believe so. The permitting dept. did not bring up any issues with DWR when they issued the permits for
the shop. DWR only came up when I applied for the deck permit.
Sorry for the delayed email, my sisters husband died unexpectedly this week and I've been out of town.
Scott
On Nov 29, 2018, at 10:29 AM, Goss, Stephanie <[e-mail]> wrote:
4

Mr. Bushey,
Thank you for your response. Was an authorization/variance approved through DWR for the addition? If
so, when was it approved? Thanks in advance.
Stephanie Z. Goss
Environmental Senior Specialist
Division of Water Resources
Raleigh Regional Office
3800 Barrett Drive
Raleigh, NC 276og
014-791-42s6
E-mail correspondence to and from this address may be subject to the
North Carolina Public Records Law and may be disclosed to third parties
From: Dean Bushey <[e-mail]>
Sent: Monday, November 19, 2018 11:19 AM
To: Goss, Stephanie <[e-mail]>
Cc: Scott Bower <[e-mail]>
Subject: [External] Re: Deck Zoning Authorization -Bushey
Dear Ms. Goss,
Thank you for reviewing this project for me and I am sorry about the delay in getting back to you, but I
was traveling and did not have access to the map that I needed. I will try to answer your questions as
best I can, but please let me know if you need more explanation or more information.
• The authorization that I need is for the deck, the addition was handled by the contractor (Scott
Bower who I copied) and all the paperwork and approvals for the addition have been
approved. The deck is entirely in Zone 1 if you measure from the top of the creek. In the
directions on line it does state that the measurements can start from the edge of the creek if the
bank is covered with vegetation, which is the case in my situation. However, based on your
instructions, I have used the top of the creek for the Zone 1 measurements.
• 1 have attached a survey map of my property where I have designated the 1) creek bed; 2) creek
bank; and 3) Zone 1. Zone 2 would encompass most of the house so I did not include this to
keep the map easier to read. You can see on the map that the entire deck and part of the house
is actually in Zone 1
• The original deck on the house when the creek was engineered by the City of Raleigh was 38 sq
feet which was expanded to 238 sq feet as shown now on the map. As explained in the
application the expanded deck is larger, but no closer to the creek than the original deck.
• The impact of issue here is Zone 1. What impact the larger deck has on the creek is the
environmental concern but I would suggest that the impact may be minimal on the creek itself
as there is grass and bank plantings that have successfully accommodated the run off over many
years.
I hope this answers your questions. Please let me know if I can be of further assistance and again thank
you for reviewing this for me.

Dean Bushey
On Nov 13, 2018, at 3:09 PM, Goss, Stephanie <[e-mail]> wrote:
Mr. Bushey,
I started reviewing the above referenced project and have a few questions for
clarification:
• Based on the impact map provided, it is unclear what impacts are being
authorized -is it the deck or is it an addition? Is the impact in Zone 1?
• On the impact map, show the two zones of the riparian buffer on the plot plan
as measured from the top of the streambank. Zone 1 is measured 30 feet from
the top of the stream bank, and Zone 2 is measured from 30 feet to 50
feet. These riparian buffers parallel the stream pattern.
• The site plan must depict the footprint of the proposed permanent impacts
within Zone 1 or Zone 2.
• The square footage of the impacts must be identified in the application.
Please e-mail the updated impact map at your earliest convenience. Thanks in advance!
Stephanie Z. Goss
Environmental Senior Specialist
Division of Water Resources
Raleigh Regional Office
3800 Barrett Drive
Raleigh, NC 276o9
919-791-4256
E-mail correspondence to and from this address may be subject to the
North Carolina Public Records Laic and may be disclosed to third parties