HomeMy WebLinkAbout19950837 Ver 1_COMPLETE FILE_19950809State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
A I'
T4 rio
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ID EHNF?
January 15, 1997
Currituck County
DWQ Projects # 95293 and 95837
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Kitty Hawk Land Co.
Attn: Mickey Hayes
3628 N. Croatan Hwy.
Kitty Hawk, NC 27949
Dear Mr. Hayes:
You have our approval to place fill material in 2.89 acres of wetlands or waters for the purpose of
developing a residential development at the Currituck Club, as you described in your application dated 19
December 1996. After reviewing your application, we have decided that this fill is covered by General Water
Quality Certification Numbers 2671, 2732 and 2733. These certifications allow you to use Nationwide
Permit Numbers 14, 18 and 26 when they are issued by the Corps of Engineers.
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 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). For this approval to be
valid, you must follow the conditions listed in the attached certification and any additional conditions listed
below. This certification replaces ones issued on 9 May 1995 and 30 August 1995. Conditions described in
those approvals are still applicable to this project. 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.
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 Domey at 919-733-1786.
Sincerely,
*a)_?
re on Howard, Jr. P.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DWQ Regional Office
Mr. John Dorney
Central Files
Kevin Martin; Soil and Environmental Consultants
95293/95837.1tr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
Soil & Environmental Consultants, Inc.
244 West Millbrook Road ¦ Raleigh, North Carolina 27609 ¦ (919) 846-5900 ¦ Fax (919) 846-9467
December 19, 1996
NC DEHNR - DWQ
Water Quality Planning
Attn: Mr. John Dorney
4401 Reedy Creek Road
Raleigh, NC 27607
Dear Mr. Dorney and Mr. Lekson:
US Army Corps of Engir
Regulatory Branch
Attn: Mr. David Lekson
107 Union Drive, Suite 2
Washington, NC 27889
0W
PFC 2 71996
WETLANDS GRr,1 w
TER Q-UALITY
The purpose of this letter is to request a revision to our client's existing
Nationwide Permit 26 and a 401 Water Quality Certification for the project
known as the Currituck Club. The project is east of NC Highway 12 as shown
on the enclosed plans and vicinity map.
We have previously submitted for golf course, road and lot construction impacts
for the project and plans are now to the point that development impacts can be
better defined. We previously discussed this project in the office with John
Dorney of DWQ and on site with him and Debra Sawyer of the DWQ Regional
Office. Overall the engineer, architect and developer have minimized impacts to
high and medium value wetlands to the greatest extent possible. Considering
the amount of wetland on-site, they have done an excellent job in wetland
avoidance. S&EC has also met on-site with Mickey Sugg, Art Copolla and David
Lekson of the Corps.
Fill in Waters of the U.S. will be required to develop the residential portion of
the site. It will be necessary to revise impact locations previously approved.
Previous impacts are not shown on the attached map to avoid confusion but
were shown on previous submittals and are described in Table 1.
The plans for the development have been finalized; upland areas have been
utilized as much as possible. Each proposed impact area in the current
application has been examined and almost all are to low quality, marginal, small
isolated wetlands and are similar to previously permitted areas. The attached
map shows previously approved impacts that have or will occur and the
proposed location of revised impacts. 16,503 ft2 of impacts that were originally
approved under Nationwide Permit 26 will not occur but will be replaced by
16,482 ft2 of impacts.
Soil/Site Evaluation ¦ Mapping and Physical Analysis ¦ Wetlands Mapping and Mitigation ¦ Environmental Audits
On-Site Waste Treatment Systems, Evaluation and Design
To expedite the permitting process and to ease the process for everyone
involved, the following individuals/ agencies have been provided with a
complete copy of this entire revision package: USF&WS, NC Department of
Cultural Resources, CAMA (Elizabeth City) and National Marine Fisheries.
None of the revised impact locations are inconsistent with agreements reached
with the Corps and/or NC Cultural Resources regarding the historical aspect of
the property.
If you intend to perform a site visit, please call and we can arrange for someone
to accompany you.
Sincerely,
- C 77211A?/7-4V-
-14 YTI
Kevin C. Martin
President
Note: Maps referred to in this application are being sent to you overnight by
Quible & Associates and will be received on 12/20/96.
cc: (w/enclosures)
USF&WS
NC Department of Cultural Resources
CAMA (Elizabeth City)
National Marine Fisheries
KCM/mag
TABLE 1
Wetland Impacts by Permit Type
Permit Type Previous Application(s) Current Application Total
(unchanged)
NW 26 2.68 ac. same 2.68
NW 14 0.113 ac. same 0.113
NW 18 0.10 ac. same 0.10
Grand Total 2.89
(unchanged)
The map by Quible & Associates labeled Amended Sketch Plan No. 7, dated
12/18/96,404 Fill Permit - "Trade of Previous Permits" shows the location and
size of all impact locations.
Note: In the past, revisions to an existing permit that did not involve an increase
in acreage, change in permit type, etc. did not require completion of a
complete application package. Only the information enclosed was
required. A copy of the previous "Joint Form" submitted is enclosed for
your information. None of the acreage totals have changed. Only 16,482
ft2 of impact locations have changed.
ACTION ID:
,,de Permit Requested (Provide Nationwide Permit #):
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. Box 1890
Wilmington, NC 28402-1890
ATTN: CESAW-CO-E
Telephone (919) 2514511
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH
AND NATURAL RESOURCES
P.O. BOX 29535
Raleigh, NC 27626-0535
ATTN: MR. JOHN DORNEY
Telephone (919) 733-5083
QNE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL
MANAGEMENT. PLEASE PRINT.
1. Owners Name: Kitty Hawk Land Co., Attn: Mickey Hayes
2. Owners Address: 3628 -N. an Hwy Kitt Hawk NC 27949
3. Owners Phone Number (Home):
(Work):
4. If Applicable: Agent's name or responsible corporate official, address, phone number.
Soil and Environmental Consultants, Inc.
244 W. Millbrook Rd.
Raleiah, NC 27609 Ph: (919) 846-5900
5. Location of work (MUST ATTACH MAP). County: C i r i t k
Nearest Town or City: Between Duck and Corolla
Specific Location (Include road numbers, landmarks, etc.): West of N Hwy. 112,
See attached vicinity map.
6. Name of Closest Stream/River. Currituck Sound
7. River Basin 1 1]1; River
8. Is this project located in a watershed classified as Trout,(,SA) HQW, ORW, WSI, or WS II?
YES (c ) NO ( )
9. Have any Section 404 permits been previously requested for use on this property?
YES (x) NO ( ) If yes, explain. NW 2 6 - 1 .9 2 , NW 14 - O. l l 3 , NW 18 - . 10 acres
10. Estimated total number of acres of waters of the U.S. including wetlands, located on project site:
Unknown over 75.
11. Number of acres of waters of the U.S2tluding wetlands, impacted by the proposed project
Filled: ?977 6
Drained:
Flooded:
Excavated: _
6
TOtnl Imparted: T.
007proposed work (Attach PLANS-81/Z' X 11" drawings only): R P s i d_ n. i a l
pment _
13. Purpose of proposed work Allow nonstruction of dPVPI Ae mPn4'
maximizing upland. use and minimizing Wei-land impacts.
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also,
note measures taken to minimize wetland impacts. S r r a t t a r h P d 1 e r by S& F. n
15. Youce required to contact the U.S. Fish and Wildlife Service (USFWs) and/or National Marine
Fisheries Service (NMFS) regarding the presence or any Federally listed or proposed for listing
endangered or threatened species or critical habitat in the permit area that may be affected by the
proposed project Have you done so? YES (x ) NO ( )
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
16. You are required to contact the State Historic Preservation Officer (SHPO) regarding thi presence
of historic properties in the permit area which may be affected by the proposed project? Have you done
so? YES ( x) NO ( )
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. Additional information required by DEM:
A. Wedand delineation map showing all wetlands, streams, and lakes on the property.
B. If available, representative photograph of wetlands to be impacted by project
C. If delineation was performed by a consultant; include all data sheets relevant to the
placement of delineation line.
D. If a stormwater management plan is required for this project;, attach copy.
E. What island use of surrounding property? UnrlA ralnnari or Resirlential /Var•ation Hom
F. If applicable, what is proposed method of sewage disposal? mii n i r• i na l T.a n d A p p l i c a t i o n
Ageni's Signature
9?8105
Date
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SOIL AND ENVIRONMENTAL CONSULTANIS, INC
PROPOSAL ACCEPTANCE AND AGREEMENT
FOR PROFESSIONAL SERVICES
This Agreement made this 1 day of December 19 94 by and between
7rr? ?? *0 (hereinafter referred to as
client) at (street address)
and Soil and
20 A/. 64b.47*c1 4
Ro • ,cC 2Vherei
Consultants, after referred to as
279'&7
Consultant) at 244 West Millbrook Road, Raleigh, North Carolina 27609.
WITNESSETH: WHEREAS, Client desires to contract with Consultant to
perform services pertaining to Clients project known as _;W 4iRR1W4d;
_e? (hereinafter referred to as Project) located at street address)
WHEREAS, Consultant is engaged in the business of providing professional
services and has submitted a proposal offering to perform services for client
NOW, THEREFORE, in consideration of the Mutual Covenants and Promises
included herein, Client and Consultant agree as follows:
PROPOSAL ACCEPTANCE - Client hereby accepts Consultant's proposal
referenced below.
CONTRACT DOCUMENTS - "Contract Documents shall mean,this document
as well as proposals and other documents listed below under PROFESSIONAL
SERVICES TO BE RENDERED.
PROFESSIONAL SERVICES TO BE RENDERED - Consultant will provide
Professional Services for the Project as indicated in Proposal dated
the 1 day of December 19-14 which is included and incorporated
herein. (Brief description of services or if a proposal was not submitted describe
services to be provided and attach fee schedules.)
tt11 Q V
i11
CONSULTANT HEREBY GIVES.NOTICE OF TIS OBJECTION TO ANY
DIFFERENT OR ADDITIONAL TERMS AND CONDMONS.
Consultant hereby advises that its performance of this agreement is
expressly conditioned on client! s assent to the terms and conditions detailed
herein.
ENTIRE AGREEMENT - This agreement; including the Contract
Documents, represents the entire understanding and agreement between the
parties hereto relating to the Services and superseded any all prior agreements,
whether written or oral, that may exist between the parties regarding same..
To the extent that any additional or different terms or conditions conflict
with the Terms and Conditions of this Agreement the Terms and Conditions of
this Agreement shall govern. No amendment or modification to this Agreement
or any waiver of any provisions hereof shall be effective unless in writing,
signed by both parties.
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed by their duly authorized representative.
CLIENT G7 + Cd SOIL AND M4MONMENTAL CO TANTS, INC.
BY ??
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
AV41-
ID FE F1
August 30, 1995
Currituck County
DEM Project # 95837
APPROVAL of 401 Water Quality Certification-ADDITIONAL CONDITIONS
Mr. Mickey Hayes
Kitty Hawk Land Company
3628 N. Croatan Hwy.
Kitty Hawk, N.C. 27949
FILE DOPY
Dear Mr. Hays:
You have our approval to place fill material in 0.76 acres of wetlands or waters for the purpose
of residential development at Currituck Club, as you described in your application dated 9 August
1995. After reviewing your application, we have decided that this fill is covered by General Water
Quality Certification Number 2671. This certification allows you to use Nationwide Permit Number 26
when it is issued by the Corps of Engineers.
This approval is only valid for the purpose and design that you described in your application. If
you change your project, you must notify us and you may be required to send us a new application.
For this approval to be valid, you must follow the conditions listed in the attached certification. Deed
restrictions shall be placed on lots with jurisdictional wetlands to prevent future fill. In additior, you
should get any other federal, state or local permits before you go ahead with your project.
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 Environment Ma agement under Section 401
of the Clean Water Act. If you have any questions, please telepho John Ljomey at 919-733-1786.
S
Pres oar h'Ioward, Jr. P.E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DEM Regional Office
Mr. John Domey
Central Files
Kevin Martin; S&EC 95837.1tr
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
• 95 3
• Soil & Environmental Consultants, Inc.
t;244 West Millbrook Road ¦ Raleigh, North Carolina 27609 ¦ (919) 846-5900 ¦ Fax (919) 846-9467
NC DEHNR, DEM
Water Quality Planning
Attn: Mr. John Dorney
4401 Reedy Creek Rd.
Raleigh, NC 27607
Dear Mr. Dorney and Mr. Sugg:
US Army Corps of Engi
Regulatory Branch
Attn: Mr. Mickey Sugg
PO Box 1000
Washington, NC 27889
August 9, 1995
1 AUG 0 1995
The purpose of this letter is to request a Nationwide Permit 26 and a 401 Water
Quality Certification for the project known as the Currituck Club. The project is
east of NC Hwy. 12 as shown on the enclosed plans and vicinity map.
We have previously submitted for golf course and road construction impacts for
the project and plans are now to the point that development impacts can be
addressed. We previously discussed this project in the office with John Dorney
of DEM and on site with him and Debra Sawyer of the DEM Regional Office.
Overall the Engineer, Architect and Developer have minimized impacts to high
and medium value wetlands to the greatest extent possible. Considering the
amount of wetland on-site they have done an excellent job in wetland avoidance.
Fill in Waters of the US will be required to develop the residential portion of the
site. It will be necessary to impact an additional 0.76 acres of isolated
Jurisdictional Waters of the US placement of the proposed facilities. (See
attached map for impact location and size.) Previous impacts are not shown on
the attached map to avoid confusion but are described in attached Table 1.
The plans for the development have been modified in order to minimize impacts
to wetlands; upland areas have been utilized as much as possible. Each
proposed impact area in the current application have been examined and almost
all are to low quality, marginal, small isolated wetlands.
To expedite the permitting process and to ease the process for everyone
involved, the following individuals/ agencies have been provided with a
complete copy of this entire application package: Debra Sawyer (DEM
Washington Regional Office), Chief Regulator Branch (Wilmington Corps),
USF&WS, and NC Dept. of Cultural Resources, CAMA (Elizabeth City), and
National Marine Fisheries.
Soil/Site Evaluation ¦ Mapping and Physical Analysis ¦ Wetlands Mapping and Mitigation ¦ Environmental Audits
On-Site Waste Treatment Systems, Evaluation and Design
Detailed plans for the residential pods are at their final version. It is anticipated
that few or no additional wetland impacts will be necessary for the project in the
future.
If you intend to perform a site visit, please call and we can arrange for someone
to accompany you.
Sincerely, (/? ?, ;V,- J
Kevin C. Martin,
President
cc: (w/enclosures) Chief Regulatory Branch, Wilmington Corps
Debra Sawyer, DEM Washington Regional Office
USF&WS
NC Dept. of Cultural Resources
CAMA (Elizabeth City)
National Marine Fisheries
Note: Many of the currently proposed impacts are to areas previously impacted
by roads, for driveways, to move the road to avoid large live oaks, lot
impacts and expansion of an existing wastewater treatment facility.
KCM/jmb
TABLE 1
Wetland Impacts by Permit Type
Permit Type Previous Application Current Application Total
NW26 1.92 ac. 0.76 2.68
NW14 0.113 ac. none 0.113
NW18 0.10 ac. none 0.10
Grand Total 2.89
Reason for Wetland Impacts Regardless of Permit Type
Reason Previous Current Application Total
Road 0.624 0.034 0.658
Lots/Driveways none 0.653 0.653
Golf Course 1.51 none 1.51
Wastewater Plant Expansion none 0.073 0.073
Grand Total 2.89
pEM ID: ACTION ID: _ 6
Nationwide Permit Requested (Provide Nationwide Permit #):
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. Box 1890
Wilmington, NC 28402-1890
ATM: CESAW-CO-E
Telephone (919) 251-4511
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH
AND NATURAL RESOURCES
P.O. BOX 29535
Raleigh, NC 27626-0535
ATTN: MR. JOHN DORNEY
Telephone (919) 733-5083
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL
MANAGEMENT. PLEASE PRINT.
1. Owners Name: Kitty Hawk Land Co., Attn: Mickey Hayes
2. Owners Address: -8628 N. Croatan Hwy. , Kitty Hawk, NC 27949
3. Owners Phone Number (Home):
(Work):
4. If Applicable: Agent's name or responsible corporate official, address, phone number.
Soil and Environmental Consultants, Inc.
244 W. Millbrook Rd.
Raleigh, NC 27609 Ph: (919) 846-5900
5. Location of work (MUST ATTACH MAP). County: _C u r r i tuck
Nearest Town or City: Between Duck and Corolla
Specific Location (Include road numbers, landmarks, etc.): West of NC Hwy. 12,
See attached vicinity map.
6. Name of Closest Stream/River: Currituck Sound
7. River Basin: North Landing River
8. Is this project located in a watershed classified as Trout-,(SA) HQW, ORW, WSI, or WS II?
YES (x ) NO ( )
9. Have any Section 404 permits been previously requested for use on this property?
YFS (x) NO ( ) Ifyes,explain. NW26 - 1.92, NW14-.094, NW18_.10 acres
10. Estimated total number of acres of waters of the U.S. including wetlands, located on project site:
_-Unknown over 75.
11. Number of acres of waters of the U.Sgcluding wetlands, impacted by the proposed project
Filled: -U-.76
Drained:
Flooded:
Excavated: --
Total Impacted: 0.7
r /-II
/12- Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): Residential
development
13. Purpose of proposed work: Allow construction of development
maximizing 11pland use and minimizing wetland imparts,
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also,
note measures taken to minimize wetland impacts. See attached i etter by q&Fr- .
15. Youce required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine
Fisheries Service (NMFS) regarding the presence or any Federally listed or proposed for listing
endangered or threatened species or critical habitat in the permit area that may be affected by the
proposed project Have you done so? YES (x ) NO ( )
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the presence
of 'historic properties in the permit area which may be affected by the proposed project? Have you done
so? YES ( x) NO ( )
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. Additional information required by DEM:
A. Wetland delineation map showing all wetlands, streams, and lakes on the property.
B. If available, representative photograph of wetlands to be impacted by project
C. If delineation was performed by a consultant, include all data sheets relevant to the
placement of delineation line.
D. If a stormwater management plan is required for this project, attach copy.
E. What island use of surrounding property? TTnriPvPt nIPH or Residential /Vacation Hom
F. If applicable, what is proposed method of sewage disposal? M11 n i r i pa I T.a n ra A nn i i e a t i on
Agent's Signature
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SOIL AND ENVIRONMENTAL CONSULTANTS, INC.
PROPOSAL ACCEPTANCE AND AGREEMENT
FOR PROFESSIONAL SERVICES
This Agreement made this 1 day of December 19 94 by and between
1<17rel A44-kl'r L4AI) &PP.-wT (hereinafter referred to as
client) at (street address)
and Soil and
Pe . ,nc 2Z-7J
Consultants, Inc. (herei
referred to as
279'?r
Consultant) at 244 West Millbrook Road, Raleigh, North Carolina 27609.
WnWESSETH: WHEREAS, Client desires to contractwith Consultant to
perform services pertaining to Clients project known as -;Rr Gf4p /G
(hereinafter referred to as Project) located at street address)
WHEREAS, Consultant is engaged in the business of providing professional
services and has submitted a proposal offering to perform services for client
NOW, THEREFORE, in consideration of the Mutual Covenants and Promises
included herein, Client and Consultant agree as follows:
PROPOSAL ACCEPTANCE - Client hereby accepts Consultant's proposal
referenced below.
CONTRACT DOCUMENTS - "Contract Documents" shall mean,this document
as well as proposals and other documents listed below under PROFESSIONAL
SERVICES TO BE RENDERED.
PROFESSIONAL SERVICES TO BE RENDERED - Consultant will provide
Professional Services for the Project as indicated in Proposal dated
the 1 day of December 19 94 which is included and incorporated
herein. (Brief description of services or if a proposal was not submitted describe
services to be provided and attach fee schedules.) ow E
CONSULTANT HEREBY GIVES. NOTICE OF ITS OBJECTION TO ANY
DIFFERENT OR ADDITIONAL TERMS AND CONDITIONS.
Consultant hereby advises that its performance of this agreement is
expressly conditioned on client's assent to the terms and conditions detailed
herein.
ENTIRE AGREEMENT - This agreement, including the Contract
Documents, represents the entire understanding and agreement between the
parties hereto relating to the Services and superseded any all prior agreements,
whether written or oral, that may exist between the parties regarding same.
To the extent that any additional or different terms or conditions conflict
with the Terms and Conditions of this Agreement, the Terms and Conditions of
this Agreement shall govem. No amendment or modification to this Agreement
or any waiver of any provisions hereof shall be effective unless in writing,
signed by both parties.
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed by their duly authorized representative.
CLIENT 4, G?I?c?Cd SOIL AND ENVIRONMENTAL CON TANTS, INC.
BY Cam!! l? (?'G
-? -? B