HomeMy WebLinkAboutENVIRONMENTAL PROTECTIONFlorida Department of
Environmental Protection
SOUTHEAST DISTRICT OFFICE
3301 GUN CLUB ROAD, MSC 7210-1
WEST PALM BEACH, FL 33406
561-681-6600
December 7, 2017
Wayne Burd
15 Sovereign Way,
Hutchinson Island, FL 34949
Sent via e-mail: linenviron&—mail.com
Re: File No.: 43-035-8302-001,002 EE
File Name: Burd
DEC 2 1 2017
Ym
Rick Scott
Governor
Carlos Lopez-Cantera
Lt. Governor
This letter supersedes the previous exemption letter dated November 1412017.
Dear Mr. Burd,
Noah Valenstein
Secretary
On October 22, 2017, we received your application for an exemption to perform the following
activities; (1) replace existing dock with 135 sq. ft. marginal dock; and (2) install 49 ln. ft. seawall
within 18 inches waterward (wetface to wetface) of existing seawall . (The project is located in a
manmade canal, Class III Waters, adjacent to 15 Sovereign Way, 34949 (Section 23, Township 34
South, Range 40 East), in Martin County (Latitude N 27' 30' 50.324", Longitude W 80' 18'
53.256").
This determination does not convey or create any property right, or any interest in real
property. This determination does not authorize any trespass, entrance upon, or activities on
property which is not owned or controlled by you, or convey any rights or privileges other than
those specified in this determination and applicable rules and statutes.
You shall hold and save the Department harmless from any and all damages, claims, or liabilities
which may arise by reason of the activities described in this determination or any use of the
structure/activities.
Your request has been reviewed to determine whether it qualifies for (1) regulatory exemption, (2)
proprietary authorization (related to state-owned submerged lands), and (3) federal approval that
may be necessary for work in wetlands or waters of the United States.
Your project qualifies for all three. However, this letter does not relieve you from the
responsibility of obtaining other federal, state, or local authorizations that may be required for the
activity.
www.dep.state.fl.us
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File No.: 43-0358302-001,002 EE
File Name: Burd
Page 2 of 5
1. Regulatory Review - VERIFIED
Based on the information submitted, the Department has verified that the activity as proposed is
exempt, under Chapter 62-330.051 (5)(c), and (12)(a) Florida Administrative Code, from the need
to obtain a regulatory permit under part IV of Chapter 373 of the Florida Statutes.
This exemption verification is based on the information you provided the Department and the
statutes and rules in effect when the information was submitted. This verification will expire after
one year, and will not be valid at any other time if site conditions materially change, the project
design is modified, or the statutes or rules governing the exempt activity are amended. However,
the activity may still be conducted without further notification to or verification from the
Department after the one-year expiration of this verification, provided: 1) the project design does
not change; 2) site conditions do not materially change; and 3) there are no changes to the statutes
or rules governing the exempt activity. In the event you need to re -verify the exempt status for the
activity after the one-year expiration of this verification, a new application and verification fee will
be required. Any substantial modifications to the project design should be submitted to the
Department for review, as changes may result in a permit being required. Conditions of compliance
with the regulatory exemption are contained in Attachment A.
2. Proprietary Review - NOT REQUIRED
The activity does not appear to be located on sovereign submerged lands, and does not require
further authorization under Chapter 253 of the Florida Statutes, or chapters 18-20 or 18-21 of the
Florida Administrative Code.
3. Federal Review - SPGP APPROVED
Your proposed activity as outlined on your application and attached drawings qualifies for Federal
authorization pursuant to the State Programmatic General Permit V, and a separate permit or
authorization will not be required from the Corps. Please note that the Federal authorization expires
on July 26, 2021. You, as permittee, are required to adhere to all General Conditions and Special
conditions that may apply to your project." A copy of the SPGP V with all terms and conditions
and the General Conditions may be found at:
http•//www sai usace.army.mil/Portals/44/docs/reo-ulatory/sourcebook/pelmitting/general permits
/SPGP/SPGPV-Permit%201nstrument-Complete.pdf?ver=2016-07-27-071925-250.
Authority for review - an agreement with the USACOE entitled "Coordination Agreement
Between the U. S. Army Corps of Engineers (Jacksonville District) and the Florida Department of
Environmental Protection, or Duly Authorized Designee, State Programmatic General Permit",
Section 10 of the Rivers and Harbor Act of 1899, and Section 404 of the Clean Water Act.
Additional Information
Please retain this letter. The activities may be inspected by authorized state personnel in the future
to insure compliance with appropriate statutes and administrative codes. If the activities are not
in compliance, you may be subject to penalties under Chapter 373, F.S., and Chapter 18-14, F.A.C.
File No.: 43-0358302-001,002 EE
File Name: Burd
Page 3 of 5
NOTICE OF RIGHTS
This action is final and effective on the date filed with the Clerk of the Department unless a petition
for an administrative hearing is timely filed under Sections 120.569 and 120.57, F.S., before the
deadline for filing a petition. On the filing of a timely and sufficient.petition, this action will not
be final and effective until further order of the Department. Because the administrative hearing
process is designed to formulate final agency action, the filing of a petition means that the
Department's final action may be different from the position taken by it in this notice.
Petition for Administrative Hearing
A person whose substantial interests are affected by the Department's action may petition for an
administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. Pursuant to Rule 28-
106.201, F.A.C., a petition for an administrative hearing must contain the following information:
(a) The name and address of each agency affected and each agency's file or
identification number, if known;
(b) The name, address, any email address, any facsimile number, and telephone number
of the petitioner; the name, address, and telephone number of the petitioner's
representative, if any, which shall be the address for service purposes during the course of
the proceeding; and an explanation of how the petitioner's substantial interests are or will
be affected by the agency determination;
(c) A statement of when and how the petitioner received notice of the agency decision;
(d) A statement of all disputed issues of material fact. If there are none, the petition
must so indicate;
(e) A concise statement of the ultimate facts alleged, including the specific facts that
the petitioner contends warrant reversal or modification of the agency's proposed action;
(f) A statement of the specific rules or statutes that the petitioner contends require
reversal or modification of the agency's proposed action, including an explanation of how
the alleged facts relate to the specific rules or statutes; and
(g) A statement of the relief sought by the petitioner, stating precisely the action that
the petitioner wishes the agency to take with respect to the agency's proposed action.
The petition must be filed (received by the Clerk) in the Office of General Counsel of the
Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000.
Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the
time of filing.
Time Period for Filing a Petition
In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the
applicant must be filed within 21 days of receipt of this written notice. Petitions filed by any
persons other than the applicant, and other than those entitled to written notice under Section
120.60(3), F.S. must be filed within 21 days of publication of the notice or within 21 days of receipt
of the written notice, whichever occurs first. Under Section 120.60(3), F.S., however, any person
who has asked the Department for notice of agency action may file a petition within 21 days of
receipt of such notice, regardless of the date of publication. The failure to file a petition within the
File No.: 43-0358302-001,002 EE
File Name: Burd
Page 4 of 5
appropriate time period shall constitute a waiver of that person's right to request an administrative
determination (hearing) under Sections 120.569 and 120.57, F.S., or to intervene in this proceeding
and participate as a party to it. Any subsequent intervention (in a proceeding initiated by another
party) will be only at the discretion of the presiding officer upon the filing of a motion in
compliance with Rule 28-106.205, F.A.C.
Extension of Time
Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the
Department's action may also request an extension of time to file a petition for an administrative
hearing. The Department may, for good cause shown, grant the request for an extension of time.
Requests for extension of time must be filed with the Office of General Counsel of the Department
at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, before the
applicable deadline for filing a petition for an administrative hearing. A timely request for
extension of time shall toll the running of the time period for filing a petition until the request is
acted upon.
Mediation
Mediation is not available in this proceeding.
FLAWAC Review
The applicant, or any party within the meaning of Section 373.114(1)(a) or 373.4275, F.S., may
also seek appellate review of this order before the Land and Water Adjudicatory Commission
under Section 373.114(1) or 373.4275, F.S. Requests for review before the Land and Water
Adjudicatory Commission must be filed with the Secretary of the Commission and served on the
Department within 20 days from the date when the order is filed with the Clerk of the Department.
Judicial Review
Any party to this action has the right to seek judicial review pursuant to Section 120.68, F.S., by
filing a Notice of Appeal pursuant to Rules 9.110 and 9.190, Florida Rules of Appellate Procedure,
with the Clerk of the Department in the Office of General Counsel, 3900 Commonwealth
Boulevard, M.S. 35, Tallahassee, Florida 32399-3000; and by filing a copy of the Notice of Appeal
accompanied by the applicable filing fees with the appropriate District Court of Appeal. The
Notice of Appeal must be filed within 30 days from the date this action is filed with the Clerk of
the Department.
File No.: 43-0358302-001,002 EE
File Name: Burd
Page 5 of 5
Thank you for applying to the Submerged Lands and Environmental Resource Permit Program. If
you have any.questions regarding this matter, please contact Emily Powell at the letterhead address
or at (561) 681-6633 or by email at Emily.Powell a,dep.state.fl.us.
Executed in Orlando, Florida.
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
1�
kkk
Monica Sovacool
Environmental Manager
Southeast District
CERTIFICATE OF SERVICE
The undersigned duly designated deputy clerk hereby certifies that this permit and all copies
were sent on the filing date below to the following listed persons:
FDEP — Monica Sovacool, Emily Powell
FILING AND ACKNOWLEDGMENT
FILED, on this date, pursuant to Section 120.52, F. S., with the designated Department Clerk,
receipt of which is hereby acknowledged.
G� December 7, 2017
er Date
Enclosures:
Attachment A- Specific Exemption Rule
General Conditions for use of the Federal SPGP V
Project Drawings, 3 pages
Attachment A
62-330.051 Exempt Activities.
The activities meeting the limitations and restrictions below are exempt from permitting. However,
if located in, on, or over state-
owned submerged lands, they are subject to a separate authorization under Chapters 253 and 258,
F.S., and Chapters 18-18, 18-20, and 18-21, F.A.C., as applicable.
(5) Dock, Pier, Boat Ramp and Other Boating -related Work —
(c) Construction of private docks of 1,000 square feet or less of over -water surface area in artificial
waters and residential canal systems in accordance with Section 403.813(1)(i), F.S.
(12) Construction, Restoration, Enhancement, and Repair of Seawall, Riprap, and Other
Shoreline Stabilization —
(a) Construction replacement, and repair of seawalls or riprap in artificial waters and residential
canal systems under Section 403.813(1)(i), F.S., including only that backfilling needed to level the
land behind seawalls or riprap.
403.813 Permits issued at district centers; exceptions.—
(i) The construction of private docks of 1,000 square feet or less of over -water surface area and
seawalls in artificially created waterways where such construction will not violate existing water
quality standards, impede navigation, or affect flood control. This exemption does not apply to the
construction of vertical seawalls in estuaries or lagoons unless the proposed construction is within an
existing manmade canal where the shoreline is currently occupied in whole or part by vertical
seawalls.
General Conditions for Federal Authorization for SPGP V
The time limit for completing the work authorized ends on July 26, 2021.
2. You must maintain the activity authorized by this permit in good condition and in
conformance with the terms and conditions of this permit. You are not relieved of this requirement if
you abandon the permitted activity, although you may make a good faith transfer to a third parry in
compliance with General Condition 4 below. Should you wish to cease to maintain the authorized
activity or should you desire to abandon it without a good faith transfer, you must obtain a
modification of this permit from this office, which may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while
accomplishing the activity authorized by this permit, you must immediately notify this office of what
you have found. We will initiate the Federal and State coordination required to determine if the
remains warrant a recovery effort or if the site is eligible for listing in the National Register of
Historic Places.
4. If you.sell the property associated with this permit, you must obtain the signature of the new
owner on the enclosed form and forward a copy of the permit to this office to validate the transfer of
this authorization.
5. If a conditioned water quality certification has been issued for your project, you must comply
with the conditions specified in the certification as special conditions to this permit.
6. You must allow representatives from this office to inspect the authorized activity at any time
deemed necessary to ensure that it is being or has been accomplished in accordance with the terms
and conditions of your permit.
Further Information:
1. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, State, or local authorizations
required by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal projects.
2. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume
any liability for the following:
a. Damages to the permitted project or uses thereof as a result of other permitted or
unpermitted activities or from natural causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities
undertaken by or on behalf of the United States in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or structures
caused by the activity authorized by this permit.
d. Design or Construction deficiencies associated with the permitted work.
e. Damage claims associated with any future modification, suspension, or revocation of this
permit.
3. Reliance on Applicant's Data: The determination of this office that issuance of this permit is
not contrary to the public interest was made in reliance on the information you provided.
4. Reevaluation of Permit Decision: This office may reevaluate its decision on this permit at any
time the circumstances warrant. Circumstances that could require a reevaluation include, but
are not limited to, the following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to have
been false, incomplete, or inaccurate (see 3 above).
c. Significant new information surfaces which this office did not consider in reaching the
original public interest decision.
5. Such a reevaluation may result in a determination that it is appropriate to use the suspension,
modification, and revocation procedures contained in 33 CFR 325.7 or enforcement
procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement
procedures provide for the issuance of an administrative order requiring you comply with the
terms and conditions of your permit and for the initiation of legal action where appropriate.
You will be required to pay for any corrective measures ordered by this office, and if you fail
to comply with such directive, this office may in certain situations (such as those specified in
33 CER 209.170) accomplish the corrective measures by contract or otherwise and bill you
for the cost.
6. When the structures or work authorized by this permit are still in existence at the time the
property is transferred, the terms and conditions of this permit will continue to be binding on
the new owner(s) of the property. To validate the transfer of this permit and the associated
liabilities associated with compliance with its terms and conditions, have the transferee sign
and date the enclosed form.
7. The Permittee understands and agrees that, if future operations by the United States require
the removal, relocation, or other alteration, of the structures or work herein authorized, or if,
in the opinion of the Secretary of the Army or his authorized representative, said structure or
work shall cause unreasonable obstruction to the free navigation of the navigable waters, the
Permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to
remove, relocate, or alter the structural work or obstructions caused thereby, without expense
to the United States. No claim shall be made against the United States on account of any such
removal, relocation or alteration.
Department of the Army Permit Transfer for SPGP V
PERMITEE:
DATE:
ADDRESS/LOCATION OF PROJECT:
(Subdivision) (Lot) (Block)
When the structures or work authorized by this permit are still in existence at the time the
property is transferred, the terms and conditions of this permit will continue to be binding on the
new owner(s) of the property. Although the construction period for works authorized by
Department of the Army permits is finite the permit itself, with its limitations does not expire.
To validate the transfer of this permit and the associated responsibilities associated with
compliance with its terms and conditions, have the transferee sign and date below and mail to the
U.S. Army Corps of Engineers, Enforcement Branch, Post Office Box 4970, Jacksonville, FL
32232-0019.
(Transferee Signature)
(Name Printed)
(Street address)
(Mailing address)
(City, State, Zip Code)
(Date)
STANDARD MANATEE CONDITIONS FOR IN -WATER WORK
2011
The permittee shall comply with the following conditions intended to protect manatees from direct
project effects:
a. All personnel associated with the project shall be instructed about the presence of
manatees and manatee speed zones, and the need to avoid collisions with and injury to
manatees. The permittee shall advise all construction personnel that there are civil and
criminal penalties for harming, harassing, or killing manatees which are protected under
the Marine Mammal Protection Act, the Endangered Species Act, and the Florida Manatee
Sanctuary Act.
b. All vessels associated with the construction project shall operate at "Idle Speed/No Wake"
at all times while in the immediate area and while in water where the draft of the vessel
provides less than a four -foot clearance from the bottom. All vessels will follow routes of
deep water whenever possible.
c. Siltation or turbidity barriers shall be made of material in which manatees cannot become
entangled, shall be properly secured, and shall be regularly monitored to avoid manatee
entanglement or entrapment. Barriers must not impede manatee movement.
d. All on -site project personnel are responsible for observing water -related activities for the
presence of manatee(s). All in -water operations, including vessels, must be shutdown if a
manatee(s) comes within 50 feet of the operation. Activities will not resume until the
manatee(s) has moved beyond the 50-foot radius of the project operation, or until 30
minutes elapses if the manatee(s) has not reappeared within 50 feet of the operation.
Animals must not be herded away or harassed into leaving.
e. Any collision with or injury to a manatee shall be reported immediately to the FWC Hotline
at 1-888-404-3922. Collision and/or injury should also be reported to the U.S. Fish and
Wildlife Service in Jacksonville (1-904-731-3336) for north Florida or Vero Beach (1-772-
562-3909) for south Florida, and to FWC at ImperiledSpecies(a7myFWC.com
Temporary signs concerning manatees shall be posted prior to and during all in -water
project activities. All signs are to be removed by the permittee upon completion of the
project. Temporary signs that have already been approved for this use by the Florida Fish
and Wildlife Conservation Commission (FWC) must be used (see MyFWC.com/manatee).
One sign which reads Caution: Boaters must be posted. A second sign measuring at least
81/2" by 11" explaining the requirements for "Idle Speed/No Wake" and the shut down of
in -water operations must be posted in a location prominently visible to all personnel
engaged in water -related activities. Questions concerning these signs can be sent to the
email address listed above.
r
e
All project vessels
IDLE SPEED / N4 WAKE
When a manatee i.s within 50 feet of work
all in -water activities must
SHUT DOWN
Report any collision, with or injury to a manatee:
Wildlife Alert:
1-888-404-FWCC (3922)
cell * FWC or #FWC
UNITED STATES DEPARTMENT OF COMMERCE
�NTOFoo National Oceanic and Atmospheric Administration
NATIONAL MARINE FISHERIES SERVICE
Southeast Regional Office
263 13th Avenue South
�e St. Petersburg, FL 33701
STgTES OF .
SEA TURTLE AND SMALLTOOTH SAWFISH CONSTRUCTION CONDITIONS
The permittee shall comply with the following protected species construction conditions:
a. The permittee shall instruct all personnel associated with the project of the potential presence of
these species and the need to avoid collisions with sea turtles and smalltooth sawfish. All
construction personnel are responsible for observing water -related activities for the presence of
these species.
b. The permittee shall advise all construction personnel that there are civil and criminal penalties for
harming, harassing, or killing sea turtles or smalltooth sawfish, which are protected under the
Endangered Species Act of 1973.
c. Siltation barriers shall be made of material in which a sea turtle or smalltooth sawfish cannot
become entangled, be properly secured, and be regularly monitored to avoid protected species
entrapment. Barriers may not block sea turtle or smalltooth sawfish entry to or exit from designated
critical habitat without prior agreement from the National Marine. Fisheries Service's Protected
Resources Division, St. Petersburg, Florida.
d. All vessels associated with the construction project shall operate at "no wake/idle" speeds at all
times while in the construction area and while in water depths where the draft of the vessel provides
less than a four -foot clearance from the bottom. All vessels will preferentially follow deep -water
routes (e.g., marked channels) whenever possible.
e. If a sea turtle or smalltooth sawfish is seen within 100 yards of the active daily
construction/dredging operation or vessel movement, all appropriate precautions shall be
implemented to ensure its protection. These precautions shall include cessation of operation of any
moving equipment closer than 50 feet of a sea turtle or smalltooth sawfish. Operation of any
mechanical construction equipment shall cease immediately if a sea turtle or smalltooth sawfish is
seen within a 50-ft radius of the equipment. Activities may not resume until the protected species
has departed the project area of its own volition.
f. Any collision with and/or injury to a sea turtle or smalltooth sawfish shall be reported immediately
to the National Marine Fisheries Service's Protected Resources Division (727-824-5312) and the
local authorized sea turtle stranding/rescue organization.
g. Any special construction conditions, required of your specific project, outside these general
conditions, if applicable, will be addressed in the primary consultation.
h. Any collision(s) with and/or injuries to any whale, or sturgeon occurring during the construction of
a project, shall be reported immediately to NMFS's Protected Resources Division (PRD) at (727-
824-5312).
i. Reports to NMFS's Protected Resources Division (PRD) may be made by email to
takereport.nmfsser(i4noaa. gov.
j. Sea turtle and marine stranding/rescue organizations' contact information is available by region at
http://www.mufs.noaa.gov/13r/health/networks.htm.
k. Smalltooth sawfish encounters shall be reported to
http•//www fhnnh ufledu/fish/sharks/sawfish/sawfishencounters.html.
1. All work must occur during daylight hours.
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Seawall to face of exlsting
Waterbody:
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Artiflclal canal off ofthe
Seawall
Indian River
Proposed Dock Area over
MHW: 3'x46'-136 sq.ft
Exlstin Boat
Llit tol
`
Relocateded along
Seawall Ca
dock as.required
12'WW' 6000 psi
concrete w1DCI
corrosion inhibitor,
wliltler drainshpeep
_tti
holes @8't 00'
3'
Burd Residence
15 Sovereign Way
Ft. Pierce, FL 34949
The work specified herein
has been designed and all
work shall be In accordance
with the 2014 Florida
Building Code (6th Ed.,
First Printing March 2015).
All codes reference herein
are per the latest adopted
edition.
p 6h Anchors:
r concrete
reinforced
Tieback Rods;.
Vx16't HDO,
max. 8' Oc (field located)
Illiiliilllili,llilll
0' 10' 20'
Scale
Of 9 p yl�
4 A
w Permit Number
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43-0358302-001,002 EE ro
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a.tvse,
Proposed Burd Residence Proposed Wilco Construction, Inc. Date:
Plan View Seawall, Dock, and Boat Uft (772)460-6928;FAX(772)460-6929 11/1/17.10/4117
NOTE:
1. Concrete to have a min: Compressive Strength of
6000 psi @ 20 days.
2. Install new seawall within 181, face to face
of existing seawall.
3. CL990t1 x 12' vinyl sheet piling wlmin-
50% solidlfirm ground penetration.
tierod ends w/backing
plates/nuts
for tensioning
Burd Residence
15 Sovereign Way
Ft. Pierce, FL 34949
3'
View
a
6 pieces ea.
Min. #4 Reber
(pre -cast
deadmen)
min. 3"
concrete
Expanded
0coverag"+ - #5 rebar
over rebar
View
4.3
rebar ties
121'
�: ' .'...
02' OC
#3 Ties 4 pes
@2' O.C. #5 Bar
121lx20"+/- Concrete
Cap Cont.
14-
2"�/- CL9900
li Sheet Piling
1"x16't
MDG tie rod
(8'+/- OC) 2!�
Backfill
Behind
Panels !) CANAL BOTTOM
(as required !
Min..50%. olid Pen ll
l I `78" face
to
face
115 (" ebar
4 1=i
d/;3 Rlhar-_.,/
Ties
2' OC,
Or 8 ry pr�o+� .
v �
Permit Number y
a r
43-0358302-001,002 EE b
p Southeast District y°
O?� �oiy
80
27,1vIS
The work specified herein
has been designed and all
work shall be in accordance
With the 2014 Florida
Building Code (5th Ed.,
First Printing March 2015).
All codes reference herein
are per the latest adopted
edition.
Cross
Section
Burd Residence
Proposed Seawall w/Tiebacks
Wilco Construction, Inc.
(772)460-6928; Fax (772)460-6929
Date: 10/6/17
Scale: Dim