20040245 Ver 1_COMPLETE FILE_20040219

WETLANDS/ 401 GROUP
?-
NCDENR JUL 2 7 2004
North Carolina Department of Environment and Natural Resources wxrER OUALl-'(° SECTION
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
July 15, 2004
Ms. Roxanne Dorman
Atlantic Environmental Consultants, LLC
P. 0. Box 3266
Kitty Hawk, NC 27949
Dear Ms Dorman:
Re: DWQ ID (gie ati onwide Permit Application
ppleget, Frisco, Dare County
The North Carolina Division of Coastal Management has reviewed your application, dated February 16, 2004, for a
U.S. Army Corps of Engineers Nationwide Permit, pursuant to Section 307 of the Coastal Zone Management Act of
1972, as amended, as well as for North Carolina 401 Division of Water Quality Certification. Based upon our review,
we have determined that the proposed activity is consistent with the North Carolina Coastal Management Program
subject to the following conditions:
1. The activity described in your application is for the issuance of a U.S. Army Corps of Engineers Nationwide
Permit, Number 14, under 33 CFR Part 330. Any modification of your proposed activity, or change in the
Nationwide Permit Number that you are seeking, will require an additional review for consistency by this
office.
2. Since the activity that you propose involves impacts to waters and/or wetlands, a 401 Water Quality
Certification must be obtained from the North Carolina Division of Water Quality, which our records indicate
you have already received.
Please understand that this letter does not relieve you of the responsibility to ensure that all other applicable State
authorizations and/or permit requirements are met prior to implementation of the project. Please feel free to contact
me at [phone] if you have any questions or need further assistance.
Sincerely,
ed ?Sason
District Manager
TS/dh
cc: Ted Tyndall, Assistant Director, Division of Coastal Management, Morehead City
Kristie Corson, Permits and Consistency Coordinator, Division of Coastal Management, Raleigh
Wilmington District Engineers; U.S. Army Corp of Engineers; ATTN: CESAW-CO-E
Sohn Dorney, Water Quality Section, Division of Water Quality, Raleigh
Julie Appleget, PO Box 70, Hatteras, NC 27943
1367 U.S.17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer - 30% Recycled by Fiber Weight
WA7-, 9Q Michael F. Easley, Governor
?dF
William G. Ross Jr., Secretary
?O G? North Carolina Department of Environment and Natural Resources
LUa
j r- Alan W. Klimek, P.E., Director
,1
1
p -? Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
February 24, 2004
Dare County
DWQ Project #: 04-0245
APPROVAL of 401 Water Quality Certification and AUTHORIZATION CERTIFICATE
Julie Appleget
Post Office Box 70
Hatteras, NC 27,943
Subject Property: . Parcel C, Frisco, NC
Dear Ms. Appleget:
You have our approval, in accordance with the attached conditions, to impact 0.01 acres of wetlands for
the purpose of constructing a road crossing as you described in your application dated February 16,
2004. After reviewing your application, we have decided that this fill is covered by General Water
Quality Certification Number 3404, which may be viewed on our . website at
http://h2o.enr.state.nc.us/ncwetlands. This certification allows you to use Nationwide Permit Number
14 when the Corps of Engineers issues it. In addition, you should get any other federal, state or local
permits before you go ahead with your project including (but not limited to) Sediment and Erosion
Control, Coastal.Stormwater, Non-Discharge and Water Supply Watershed regulations. This approval
will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the
General Certification.
This approval is only valid for the purpose and design that you described in your application except as
modified below. If you change your project, you must notify us and you may be required to send us a
new application. If the property is sold, the new owner must be given a copy of this Certification and
approval letter and is thereby responsible for complying with all conditions. If total wetland fills for
this project (now or in the future) exceed one acre, compensatory mitigation may be required as
described in 15A NCAC 2H .0506 (h) (6) and (7). This approval shall expire when the corresponding
Nationwide Permit expires or as otherwise provided in the General Certification. For this approval to
be valid, you must follow the conditions listed in the attached certification and any additional
conditions listed below.
Conditions of Certification:
Certification of Completion
1. Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, and any subsequent modifications, the applicant is required to return
the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of
Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands
Page 2
Ms. Appleget
February 24, 2004
Violations of any condition herein set forth may result in revocation of this Certification and may result
in criminal and/or civil penalties. This Certification shall become null and void unless the above
conditions are made conditions of the Federal 404 and/or coastal Area Management Act Permit.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone John Dorney at 919-733-1786 or Tom Steffens at our
Washington Regional Office at 252-946-6481.
Sincerely,
JRD/bs
Attachments
cc:. Corps of Engineers Washington Field Office
Washington DWQ Regional Office
File copy
Central Files
Roxanne D. Dorman
Atlantic Environmental Consultants
Klimek, P :, irector
Post Office Box 3266
Kitty Hawk, NC 27949
401 ISSUED
Nj I
WETLANDS d 401 GROUP
FE13 .1 9 2004
Julie PA42
P.O. Box 70
Hatteras, NC 27943
MATER QUALITY SECTION
I, Julie Appleget authorize Atlantic Environmental Consultants, LLC (AEC) to apply
for environmental permits on my behalf for property located in Frisco, Dare County,
North Carolina.
AU RIZATION DATE
USACE Action ID No. DWQ No. - 2 ,' a
s-W3
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
1.
Processing
A J ISSUE
1. Check all of the approval(s) requested for this project:
® Section 404 Permit
? Section 10 Permit
® 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 14
3. If this notification is solely a courtesy copy because written approval for the 401 Certification is
not required, check here: ? N/A
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ? N/A
II.
Applicant Information
WETLANDS 1401 GRQUp
Owner/Applicant Information FEB Name: Julie Appleget 9 2004
Mailing Address: P.O. Box 70 MATER p,
Telephone Number: see agent info. Fax Number: see agent info.
E-mail Address: see agent info.
2. Agent 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: Roxanne D. Dorman
Company Affiliation: Atlantic Environmental Consultants, LLC
Mailing Address: P.O. Box 3266
Kitty Hawk, NC 27949
Telephone Number: 252-261-7707 Fax Number: 252-261-2965
E-mail Address: RoxDorman&aol.com
Pagel of 8
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: Appleget AEC#04-009
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): #05050508788320
4. Location
County: Dare County Nearest Town: Frisco
Subdivision name (include phase/lot number): Parcel C in Frisco
Directions to site (include road numbers, landmarks, etc. Heading south on Hwy 12 in
Frisco, this parcel is located '/2 mile west of Frisco Woods Campground, across from
Browning Art Gallery, on north side of NC 12, directly adjacent to outdoor furniture store.
5. Site coordinates, if available (UTM or Lat/Long): 35.2582 75.5888 UTM Zone NAD17
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application:
Parcel is currently undeveloped, no structures currently exist on this parcel.
7. Property size (acres): .91 acres (Parcel C)
8. Nearest body of water (stream/river/sound/ocean/lake): Pamlico Sound
9. River Basin: Pasquotank River Basin
(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/maps/.)
Page 2 of 8
10. Describe the purpose of the proposed work: landowner proposes to fill Section 404
wetlands for a road crossing that will provide access to the uplands located on parcel C.
11. List the type of equipment to be used to construct the project: Dump truck and frontend
12. Describe the land use in the vicinity of this project: undeveloped/residential
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.
Jurisdiction determination has been made and a wetland plat has been signed by Tom Walker,
USACE (2003). No previous permits have been obtained or requested for this lot.
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:
No future permit requests are anticipated for this project..
VI. Proposed Impacts to Waters of the United States/Waters of the State
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. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must 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. Wetland Impacts
Page 3 of 8
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
1 Wetland fill 0.01 ac yes 230 ft. from canal Freshwater wetland

* List each impact separately and identify temporary impacts. 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.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property: .40 acres
Total area of wetland impact proposed: 0.01 acre (400 s.f.)
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Irn act Perennial or
Intermittent?
leasespecify)
N/A N/A N/A N/A N/A N/A

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapguest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: no stream impacts
Page 4 of 8
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
N/A N/A N/A N/A N/A

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. Pond Creation N/A
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. N/A
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
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 impact was limited to a total of 0.01 acre (400sf ). There is currentlv no access
to the high rndportion of this property, therefore, a road crossing through Section 404
wetlands is needed to create an access to construct a residential home. An easement from the
adjacent landowner was pursued in order to avoid wetland fill, however, the adjacent land owner
will NOT grant an easement through their property. The road crossing has been kept to 12'
wide. this width will minimize the impacts to the existing wetlands and provide safe nassaae for
motorized vehicles.
Page 5 of 8
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.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, 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
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.
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 NCWRP 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/strmgide.html.
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.
Mitigation proposed for this project will be located onsite utilizing a portion of the existing
wetlands that remain. A conservation easement (0.1 ac. (4,000 s.f.)) will be recorded as
"preservation" by the landowners title attorney. The permittee will be prohibited from performing
any of the following activities within the recorded conservation easement: Filling, grading;
excavating; earth movement of any kind; construction of roads, buildings, signs, or any activity that
may alter the drainage patterns on the property or any other activity which would result in the
wetlands being adversely irnpacted or destroy
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
Page 6 of 8

process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wM/index.htm. If
use of the NCWRP is proposed, please check the appropriate box on page three 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 (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes E] No
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 El No
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 (DWQ Only)
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.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B
.0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other
(please identify N/A )?
Yes ? No ® If you answered "yes", provide the following information:
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 N/A 3 N/A
2 N/A 1.5 N/A
Total N/A N/A
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends
Page 7 of 8

If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of
Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment
into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within
15A NCAC 2B.0242 or .0260.
No buffer mitigation required for this project since disturbance/fill is not within the buffer.
XI. Stormwater (DWQ Only)
Describe impervious acreage (both 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.
Existing impervious areas do not exist on this parcel. Proposed impervious acreage under this
permit is limited to 0.01 acre for gavel driveway future impervious areas will be limited to
a future house footprint and parking. Filter cloth will be placed at the wetland fill interface to
prevent intrusion of fill material in wetlands not permitted for fill.
XII. Sewage Disposal (DWQ Only)
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.
The proposed sewage disposal will be an onsite conventional system. Once 404/401 permits are
obtained, septic and house design will be pursued.
XIII. Violations (DWQ Only)
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. 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).
No constraints are currently associated with this project
Page 8 of 8
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
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NOTES:
1.) OWNER: JULIE APPLEGET
2.) DEED REFERENCE MADE TO
DB. - 520, PG. - 148
DARE COUNTY REGISTRY
3.) PROPERTY LOCATED IN: S-1 ZONING
4.) F.I.R.M. ZONE: " AE " / 7.0'
SUBJECT TO CHANGE BY F.E.M.A.
5.) PIN / 05050508788320
6.) TOTAL AREA OF LAND: 0.91 ACRES
PROPOSED FlAREA
0.01 ACRES 400SF)
F7
9 PROPOSED CONSERVATION AREA
- 0.09 ACRES (4,000SF)
PROPOSED GRAVEL DRIVE
-•-•-,-•-•- 404 WETLAND LINE
BASE MAP TAKEN FROM PLAT NAMED
" JULIE APPLEGET 404 PLAT"
BY W.M. MEEKINS & ASSOCIATES
DATED 9/02/03.
12 FT. WIDE
PROPOSED ROAD
CROSSING (400 SF)
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NATIONWIDE #14 PERMIT
JULIE APPLEGET
PARCEL OF LAND IN FRISCO
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FILE: 04-009 SURVEYED: MEEKINS & ASS. PLATTED: 2/12/04