HomeMy WebLinkAbout19960306 Ver 1_COMPLETE FILE_19960403State of North Carolina
Department of Environment, 15?FA
Health and Natural Resources AT • 0
Division of Environmental Management
James B. Hunt, Jr., Governor AWN
Jonathan B. Howes, Secretary C) E H N f-R
A. Preston Howard, Jr., P.E., Director
May 13, 1996
Perquimans County
DEM Project # 960306
APPROVAL of 401 Water Quality Certification
Mr. William E. Ricks
Route 3, Box 616
Hertford, NC 27944
Dear Mr. Ricks:
You have our approval to place fill material in 767 square feet of wetlands or waters for the
purpose of constructing a bulkhead with back fill at SR 1321 on your lot, as you described in your
application dated 26 March 1996. After reviewing your application, we have decided that this fill is
covered by General Water Quality Certification Number 3025.
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. In
addition, 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 Environmental Management under Section
401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-
1786.
Sincerely,
.
L estop 7HHol?dl Jr. P.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DEM Regional Office
Mr. John Dorney
Central Files
Doug Huggett; DCM
960306.1tr
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/101/6 post consumer paper
C--.-n
DEHNR Fax:9199753716
May 6 '96 1445 P.02/11
To: John Dorney
Planning Branch
- DIVISION OF ENVIRONIEN'M MAUGEMENT
CAMA/COE PERMIT ApPLICAT'ION REVIEW
1
XaRO PROJECT # I(r,4
7 - ?-- WQ SUPERVISOR: MoVE
REVIEWER: SAWYER DATE:4
WETLAND INFORMATION YOR CENTRAL OFFICE TRACMG
PRRPIIT YR : 92 PER IT
PROJECT NAME: IV t COUN'1'X:
.. .
PROJECT TYPE : PMMT TYPE. C q$
COE 0: DOT f:
RCD FROM CDA:
DATE FROM CDA :
Fm OFFICE: WaRO AND 5U8 IN
STREAM On JACENT WATER BODY: u?•a.i¢?.?.??. ? -
CLASS! S SnZPAM INDEX
- ^
OPEN OR q
OPEN
WL DWACT: 'WL TYPE:
WL RZQUESTED- (.o*'# WL ACR EST:
HYDRO CNECT?: iWL SCORE:
MMGATION: MITIGATION TM:
MITIGATION SIZEi
-WING SE= ATTACHED?
_
RECOMMENDATION: TSSUEICOND DENY SOLD
STORMWATER PLAN REQID; IF YES, DATE APPROVED:
P3?6JJECT DESCRIPTION: ?j
WATER QUALITY CERT._(4Ql)
DREDC]?IG
AREA TO BE DREDGED: /L,)d
IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF
RESOURCE?
IS SPOIL DISPOSAL ADEQUATELY ADDRESSED?
MARINA AJ?lo?
E THE FOLLOWING ADEQUATELY ADDRESSED?
SEWAGE DISPOSALS MARINA SERVICES.
OXYGEN IN BASIN: CLOSURE OF SF.ELLFISHING WATERS:
CERT. REQ'D;
IF M, TYPE:
SEWAGE DISPOSAL
TYPE OF DISPOSAL R ' - -
(E STI :, PROPOSED, SE 'ANViTC. )
TO BE PERMITTED BY:
(AEM, DHS, UNIX
IF BY DE:M, IS SITE AVAILABLE AND PERMIT ISSUANCE PR05AZLE:
WATER/WETLAND PILL
AREA OF FILL: WATER: WETLAND:
IS FILL ELIMINATING A SIGNIFI ANT USE?
CC: W1RO; Central Files; DC-M Field Offices; COE Washi.ngton Office
DEHNR Fax:9199753716 May 6 '96 14:46 F.03/11
4- U
DTVTSION OF ENVIRONMENTAL MANAGEMENT
MEMORANDUM
To: Bill Moore, Environnental Engineer
Grater Quality Section, WaRo
From: Deborah Sawyer, Environmental TechniC,ian
Water Quality Section, IK*Ro
Date:
subject: RequeS't for Stormwater Review of Section 401 Applications
n
PROJECT NAME• & C ?
PRO7.ECT NUMBER:
DA'I'S RECEIVED:
_? ?-1
DATE FINAL COMMENT:
NOTE: See attached description of project
COMMENTS;
DEPARTMENT OF THE ARMY r
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890 50y
WILMINGTON, NORTH CAROLINA 28402-1890 r
REPLY TO
ATTENTION OF
March 27, 1996
Regulatory Branch
Action ID No. 199601497
Mr. John Dorney
Division of Environmental Management
North Carolina Department of Environment,
Health and Natural Resources
4401 Reedy Creek Road
Raleigh,'.North Carolina 27611-7687
Dear Mr. Dorney:
Enclosed is the application of William E. Ricks for Department of the
Army (DA) authorization and a State Water Quality Certification to construct
a bulkhead and place fill material in wetlands, on property located off State
Road 1321, adjacent the Perquimans River, New Hope, Perquimans County, North
Carolina. Your receipt of this letter verifies your acceptance of a valid
request for certification in accordance with Section 325.2(b)(ii) of our
administrative regulations.
We are considering authorizing the proposed activity pursuant to
Section 404 of the Clean Water Act, and we have determined that a water
quality certification is required under the provisions of Section 401 of
the same law. A Department of the Army permit will not be granted until
the certification has been obtained or waived.
According to our administrative regulations, 60 days is reasonable for
State action. Therefore, if you have not acted on the request, or asked for an
extension of time, by May 25, 1996, the District Engineer will deem that
waiver has occurred.
Questions or comments may be addressed to Mr. Raleigh Bland, Washington
Regulatory Field office, telephone (919) 975-1616, extension 23.
Sincerely, eP,?J
C \
Raleigh' land, P.W.S.
Project Manager
Regulatory Branch
Enclosure
Y
-2-
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of Environment,
Health and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS 5U'^
P.O. BOX 1890„ r
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF
March 27, 1996
Regulatory Branch
Action ID No. 199601462
Mr. John Dorney
Division of Environmental Management
North Carolina Department of Environment,
Health and Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27611-7687
Dear Mr. Dorney:
Enclosed is the application of the North Carolina Wildlife Resources
Commission for Department of the Army (DA) authorization and a State Water
Quality Certification to construct two public boat ramps and a floating dock,
on property located off NC 343, adjacent Sawyers Creek, near Camden, Camden
County, North Carolina. Your receipt of this letter verifies your acceptance
of a valid request for certification in accordance with Section 325.2(b)(ii)
of our administrative regulations.
we are considering authorizing the proposed activity pursuant to
Section 404 of the Clean Water Act, and we have determined that a water
quality certification is required under the provisions of Section 401 of
the same law. A Department of the Army permit will not be granted until
the certification has been obtained or waived.
According to our administrative regulations, 60 days is reasonable
for State action. Therefore, if you have not acted on the request, or asked
for an extension of time, by May 25, 1996, the District Engineer will deem
that waiver has occurred.
Questions or comments may be addressed to Mr. Raleigh Bland, Washington
Regulatory Field office, telephone (919) 975-1616, extension 23.
Sincerely,
Raleigh Bland, P.W.S.
Project Manager
Regulatory Branch
Enclosure
-2-
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of Environment,
Health and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
State of North Carolina
Department of Environment, LT. Health and Natural Resources •
Division of Coastal Management
James B. Hunt, Jr., Governor E3E H N FZ
Jonathan B. Howes, Secretary Roger N. Schecter, Director
March 21, 1996
?a
MEMORANDUM
TO: Mr. A. Preston Howard, Director
Division of Environmental Management
FROM: John R. Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: William E. Ricks
Project Location: Perquimans County, SR 1321 (Muddy Creek Road), New Hope Area,
Perquimans River
Proposed Project: To construct 110 feet of bulkhead in the estuarine shoreline AEC and
backfill 681 square feet of freshwater wetlands.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by April 12, 1996. If you have any questions regarding the proposed
project, please contact Frank Jennings at (919) 264-3901. When appropriate, in-depth
comments with supporting data is requested.
REPLY This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the
attached comments.
Signed
Date
1367 U.S. 17 South, Ellzabeth City, North Carolina 27909 Telephone 919-264-3901 FAX 919-264-3723
An Equal Opportunlty Afflrmaflve Action Employer 50% recycled/ 10% post-consumer paper
i
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORTI
1. APPLICANT'S NAME: William E. Ricks
2. LOCATION OF PROJECT SITE: Perquimans County, SR 1321 (Muddy Creek Road), New Hope
Area, Perquimans River
Photo Index - 1989: 119-9 (06) 119-10 (015) 1984: 116-817 (H-9)
State Plane Coordinates - X: 2801000 Y: 873200
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - March 11, 1996
Was Applicant Present - No
5. PROCESSING PROCEDURE: Application Received - March 5, 1996
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Perquimans County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: ES, EW, PT
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - Septic system
Planned - N/A
(F) Type of Structures: Existing - House, deck, pier, boat ramp & bulkhead
Planned - bulkhead
(G) Estimated Annual Rate of Erosion: V
Source - Applicant
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
"404" Wetlands 681 square feet
(B) Non-Vegetated Wetlands
(C) Other
Public Trust Waters 86 square feet
(D) Total Area Disturbed: 767 square feet (.02 acres)
(E) Primary Nursery Area: No
(F) Water Classification: SB Open: N/A
8. PROJECT SUMMARY: Applicant proposes to construct 110 feet of bulkhead in the estuarine
shoreline AEC and backfill 681 square feet of freshwater wetlands.
William E. Ricks
Bio Report
Page Two
Site Description
In July, 1995 the applicant purchased a .9 acre tract located on the Perquimans River and
on SR 1321 (Muddy Creek Road), New Hope area, Perquimans County. The tract is developed
and has 110 feet shoreline, a single family house, a utility shed, a 4' x 100' pier with a 12' x
12' platform, an 8' x 20' boatramp, 43' of 11/2' high bulkhead, a 3,326 square foot elevated
deck, several grapevines and a maintained yard.
The house is situated approximately 6 feet above normal water level and the deck is
approximately 5 feet above normal water level and is attached to the house and functions as a
backporch. The soils of the tract are sandy loam and the elevation of the tract changes from a
uniform 5 feet to 1 foot in a sloping transition area along the riverbank that varies in width from
10 to 15 feet.
A freshwater wetland area consisting of common reed (Phragmites australis), wax myrtle
(Myrica cerifera) and bald cypress (Taxodium distichum) lies waterward of the river bank along
the unbulkheaded shoreline. Adjacent property consists of an unbulkheaded and undeveloped
tract and unbulkheaded and cleared and maintained building lot. The Perquimans County Land
Use Plan classifies the area as Conservation. The Division of Environmental Management
classifies the waters of the Perquimans River in this area as SB.
Development Proposal
The riverbank is eroding and the applicant proposes to construct a 110 foot long, 3 foot
high, continuous bulkhead along the embankment. In the shoreline area where the existing
bulkhead is present, the applicant proposes to construct the new bulkhead an average of 2 feet
with a maximum of 5 feet waterward of the normal water level. In the unprotected wetland
area, the applicant proposes to construct his bulkhead an average of 10.16 feet waterward of the
riverbank and to backfill that area.
Anticipated Impacts
The project as proposed will fill 681 square feet of vegetated wetlands in the Estuarine
Shoreline and 86 square feet of Public Trust and Estuarine Waters. Turbidity increases are to
be expected during construction. The project will stabilize the applicant's riverbank and protect
his house.
Submitted by: Frank A. Jennings, III
Date: March 20, 1996
,Form DCM-MR1
RECFIVgin
APPLICATION'
MAR 0 4 1996
(To be completed by all applicants)
1. APPLICANT
a. Landowner:
Name W0111-\-M C RiL?-`
Address RaUTE 3 gdx 61 b
city O E KT F O RI1 State N1 C-
. qM
Zip 31 Q 4 4 -I W Phone a ?4- 45l 1
Tic WIC Fi? bKr 3343- 6 I O
b. Authorized Agent:
Name
Address
City
Zip Day Phone
Fax
c. Project name (if any)
b. City, town, community or landmark
UERTr--O RL
c. L treet addr s or secondary road number
a T X16 L5R 13x1
d. Is proposed work within city limits or planning
jurisdiction? Yes 'x- No
e. Name of body of water nearest prpject (e.g. river,
creek, sound, bay) 'PC kQ01 MA I?'S Qt J Q
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
BULK HEAU - RhO-kp I LL
State
NOTE: Perna %W be issued in name of landowner(s), and/or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County PE V-I%UI MAA5 L 6LAITy
b. Is the proposed activity maintenance of an existing
project, new work, or both?
c. Will the project be for public, private or commercial
use? P R i v ATE
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed, please attach
additional pages.
SIADR?L+R I? 51"5Li A-fioN
Revised 03/95
Form DCM-MP-1
RECEIVED
MAR 0 4 i995
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract A P P o ? .25' X 100
b. Size of individual lot(s)
N.1A
c. Approximate elevation of tract above MHW or
NWL
d. Soil type(s) and texture(s) of tract
e. Vegetation on tract
f. Man-made features now on tract O E(_14 PoRrioN OF AR-P-N
g. What is the CAMA Land Use Plan land
classification of the site? (Consult the local land use plan.)
Conservation
Developed
Rural
Transitional
Community
Other
h. How is the tract zoned by local government?
i. Is the proposed project consistent with the applicable
zoning? Yes I/ No
(Attach zoning compliance certificate, if applicable)
Has a professional archaeological assessment been
done for the tract? Yes x No
If yes, by whom?
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes --V- No
1. Are there wetlands on the site? Yes No
Coastal (marsh) _ _ Other
If yes, has a delineation been conducted?
(Attach doeanhentation, if available)
m. Describe existing wastewater treatment facilities.
SGPTIC.5y!jyarh
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down" and residential discharges.)
o. Describe existing drinking water supply source.
L8UWTq LAJXrLV__!:N6T tL
5. ADDITIONAL INFORMATION
In addition to the completed application form, the
following items must be submitted:
• A copy of the deed (with state application only) or
other instrument under which the applicant claims title
to the affected properties. If the applicant is not
claiming to be the owner of said property, then
forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
from the owner to carry out the project.
• An accurate, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
ink on an 8 1/2" by 11" white paper. (Refer to
Coastal Resources Commission Rule 7J.0203 for a
detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
Engineers regarding that agency's use of larger
drawings.) A site or location map is a part of plat
requirements and it must be sufficiently detailed to
guide agency personnel unfamiliar with the area to the
Revised 03/95
Form DCM-MP-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
• A Stormwater Certification, if one is necessary.
• A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name GED(LGE T. EURE
Address Rt"3 fluy. G ic.1 14 arEOab 1 t CL
Phone A I A- A to 4- a 551
Name GEaa,L D A, . {sm'm kin I-;w
Address --5S S CRNWr- D Lh PV-Wq
Phone PQPTsw3Un1, VA- .13-7U4
Name
Address
Phone
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
N-/ A
• A check for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.
• A signed AEC hazard notice for projects in
oceanfront and inlet areas.
• A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to
10) If the project involves the expenditure of public
funds or use of public lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
Revised 03/95
RECEIVED
MAR 0 4 1996
6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
I understand that any permit issued in response to this
application will allow only the development described in
the application. The project will be subject to conditions
and restrictions contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's
approved Coastal Management Program and will be
conducted in a manner consistent with such program.
I certify that I am authorized to grant, and do in fact,
grant permission to representatives of state and federal
review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
permit application and follow-up monitoring of the
project.
1 further certify that the information provided in this
application is truthful to the best of my knowledge.
This is the -., day of 1LL_, I9L.
Print Name W l t (I A M E•# k CkS
Signature 6))6,- &1A
Landowner or whorized Agent
Please indicate attachments pertaining to your proposed
project.
Xr DCM MP-2 Excavation and Fill Information
DCM MP-3 Upland Development
DCM MP-4 Structures Information
DCM MP-5 Bridges and Culverts
DCM MP-6 Marina Development
NOTE. Please sign and date each attachment in the
space provided at the bottom of each form.
Form DCM-MP-2
EXCAVATION
AND FILL
(Except bridges and culverts)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all
other sections of the Joint Application that relate to this
proposed project.
Describe below the purpose of proposed excavation or
fill activities. All values to be given in feet.
Average Final
Eidsdng Project
i nnoth Width Death Depth
Access
channel
(MLW) or (NWL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
stabilization)
~ RECEIVED
MAR 0 4 1996
1. EXCAVATION
a. Amount of material to be excavated from below
MHW or NWL in cubic yards to
b. Type of material to be excavated t /A
c. Does the area to be excavated include coastal W r
wetlands (marsh), submerged aquatic vegetation
(SAVs) or other wetlands? Yes No
d. Highground excavation in cubic yards WA
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area 1A ? A
b. Dimensions of disposal area 0 /1?
c. Do you claim title to disposal area?
Yes No dill
if no, attach a letter granting permission from the
owner.
d. Will a disposal area be available for future
maintenance? Yes No
If yes, where? 0 4-
Revised 03195
CF:1 1-n
Form DCM-MP-214 Q 4 1996 BAR
e. Does the disposal area include any coastal wetlands
(marsh), SAVs or other wetlands? f A
Yes No
f. Does the disposal include any area in the water?
Yes No
3. SHORELINE STABILIZATION
a. Type of shoreline stabilization
Bulkhead Riprap
b. Length 100
c. Average distance waterw? of MHW or NWL
d. Maximum distance waterward of MHW or NWL
0
e. Shoreline erosion during preceding 12 months
/ Foo 1-L
(Source of informuion) ephseif t24 TI oA?
f. Type of bulkhead or riprap material v'QQQ
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap
(2) Bulkhead backfill
h. Type of fill material
St o4n I ToPSDI L.
i. Source of fill material C o m m E QC_1 AL
S U P P I e PLs ?UAI?Nd soagee)
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
Yes No
If Yes,
(1) Amount of material tope placed in the
water
(2) Dimensions of fill area
(3) Purpose of fill Pia K F ILL_
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
,/ Yes No
If yes,
(1) Dimensions of fill area APP RNA 25?X
10D I
(2) Purpose of fill V'A 21 Q 2E S No k t_ I fJL
5. GENERAL
a. How will excavated or fill material be kept on site
and erosion controlled? AgA0
b. What type of construction a ment will be used
(for example, dragline, ackhoe or hydraulic
dredge)?
c. Will wetlands be crassed in transporting equipment
to project site? Yes ./ No
If yes, explain steps that will be taken to lessen
environmental impacts.
.,
Ap t or Project Name
(I hk WLI.,
Signature
3 /Ll l q6
Date
Revised 03/95
' pcrr_??I?D
MpK p 4 1996
-1?
. 1,IoocE?J hELk: ,?
D/,AVJI(I& ,nor -IC) SCALC
ePC Pt1RQ V APO i IR01-
PROPERTY BEING CONVEYED TO
WILLIAM E. RICKS
AND WIFE
BILLIE S. RICKS
PERQUIMANS COUNTY, NORTH CAROLINA
NEW HOPE TOWNSHIP
SCALE I INCH = 100 FEET JUNE 1771995
0 50 100 150 200 300 400
FLOOD ZONE A3 (6) FIRM 370315 0235 B JULY 03, 1985
1 CERTIFY THAT THIS PLAT IS OF A SURVEY OF AN EXISTING
PARCEL. ?I 14
BEING PROPERTY RECORDED IN PLAT CABINET TWO, SLIDE
THIRTY TWO, MAP THREE.
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S 150 17' W
185.68' \
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S 750 44'W 39.35'" PIPE
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RILL E S. RICKS, JuLs t1. 95