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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 -Now 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 • .,.. { 0 4?1.yy.12 a Q New n &WO. ...K pmjec? ^ 1 1 ' U 1 IA ?-- \\ 111. 1? ? O us# Q \ p+ M LLU 1 . 1 C vq I , 1 '4 t 1 JJ4 J o , LUR ? S ( 6 ?" s SCALE O 0 1 ) 4 M...3 I lop- 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 ?Igl0-'? Date ti O ? to 1 ?, V 114 j4w ? ?1 WJ < jH- f' 1 uu Ol+ r r c 1 7 i r 1 v I i • ? 1 1 . LO LIU•N 0-}.?? w 1 0 \?? I .,A it ?.. rto i - B F a e- w W!? N !I rpprq 1. 2 S O- ' O ? ? 7 ...aei ? I `J ?1Y it I i .r1. M ? O oject n f- ? n 11 1 1 11 11 1 ? 1 1 o ',1 Z r- / .1 r iiI I \ 1 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