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HomeMy WebLinkAbout52123_EICHENGER, MARK_20080114Jun 18 12 02:46p nneichinger 2526526073 p.2 -e 10 DREDGE& r-iLL �,XCAMA Nrs-' 5 211 2,QE t WrxEmPERAL PERMIT Previous permit # X"e DModlficatio'n DiComplete Reissue OPartW Reissue Dat,& previous, permit issued..; As authorized by the State of North Carolina, Department of Environment and Natural Resources I and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC7L �XkRAes attached. 7 Appillcarril: NameAl 1A P- n 4a Project Location: Counv e- Address Street Address/ State Rb�" Lot # s City state NC, ZIP -CIL C Phone # clar, Fax Subdivision Agent !koma J zip Authorized 0CW >JW DES CIPTS Phone # (X4.7 �'-:�—River Basin C- L, - - .,APTA Affected AEC(s): DOEA 0 *H-W 0 1H OUSA 0 NIA Ad!. Wtr. /V1 i- 4-c � e Cnw'�' 14-%� El PWS-. OFr- OKW- yes/ PMA �O I no Crit.Hab. Closest Maj. Wtr. Body 4 Type of Project/ Activity ne LA+�p C rato r Pier (dodo) length Finger pier Groin length number Bulikhead/Riprap length_[ I avg distance offshore -- 1-1 - max distance oflishore—i Basin, channel cubic yards Boat ramp Boathou.-fBo1w Ix Beach Bulldozing Other -- (scale: ) if ;A I I I I i I I -1 1 1 1 1 'eV SAV- not sure yes SandbW not sure yes L Moratohium:* Yes t 11- T Photos:. yes no Waiver Attached: ye, no C-' A bulkling permit may be required by: Notes/ Special Condit"o inte I ij-,Z t6 = C ❑ See note on back regarding River Basin rules. Ll .1 rL or Printed Name PermitOfficei's Signature 41013 71 / Signature '"Please readcomplia. esmtatementonloack lss4ngbate' don Date -A5 3)3 Application Fee(s) Check #—1-0-%f--if�M annirigjurisdiction RoverHeNarrie Jun 18 12 02:47p m eichinger 2526526073 p.3 4 MEWED ,)UN 1�1; DCM-,VgjD 4j f d O-Cej ADJACENT Rlf"-ARIAIN PROPERTY OWNER. ST/A.TEME(NI L hereby r_.e. i y that 1 ovvu-prapeity adjacent, to 'Name of roper-ty Owner) property Located at -LOT ,04 Block, : oa.d.. tte.) ; � �1 can ' t - K._, in _ — i -U sA 1 � 1,_ N.C. (Waterbody) (Town and/oVC.oun -) He has described to ine, as sbown below, the development- fie is proposirig at that Location, and, I have no objections to his proposal. I understand that a pier/mooring pilings/boatlift/ooathouse must be set back a minimum distance of fifteen feet (15`) from €ziy area of riparian access unless waived by :zee. ��— I do w-._ . -do �ui�h to waive the setback requirement. I do wish to waive that setback requirement. 4 AND/OR DRAWING OF PROPbSED DEVELOPMENT: Abe filled iri by indipidual p�r�pasiu� development) ON ZxT�T:L J (= r 'L/ S/ w Sig naiuz � Print or Type Name 4 Telephone ?Number I - Date: E { ` J SECTION .2000 - GENERAL PERMIT FOR AUTHORIZING MINOR MWODIFICATIONS AND REPAIR TO EXISTING PIER/MOORING FACILITIES IN ESTUARINE AND PUBLIC TRUST WATERS AND OCEAN HAZARD AREAS 15A NCAC 07H .2001 PURPOSE permit under this Section shall allow for reconfiguration, minor modifications, repair and improvements to existing 'errd- ooring facilities in estuarine waters and public trust areas according to the authority provided in Subchapter 7J .11 of this Chapter and according to the rules in this Section. This permit shall not apply to oceanfront shorelines e waters and shorelines adjacent to the Ocean Hazard AEC with the exception of those shorelines that feature characteristics of the Estuarine Shoreline AEC. Such features include the presence of wetland vegetation, lower wave energy, and lower erosion rates than the adjacent Ocean Erodible Area. History Note: Authority G.S. 113A-107, 113A-118.1; Eff. October 1, 1993; Amended Eff. April 1, 2003. 15A NCAC 07H .2002 APPROVAL PROCEDURES (a) An applicant for a General Permit under this Subchapter shall contact the Division of Coastal Management and request approval for development. The applicant shall provide information on site location, dimensions of the project area, and his/her name and address. _..(b) .The applicant shall provide: - 1-- __.. a dated -plats showingexisting- develo ment and the ro osed develo merit and - - - — --- (2) confirmation that: (A) a written statement has been obtained and signed by the adjacent riparian property owners indicating that they have no objections to the proposed work; or (B) the adjacent property owners have been notified by certified mail of the proposed work. The notice shall instruct adjacent property owners to provide any comments on the proposed development in writing for consideration by permitting officials to the Division of .Coastal Management within ten days of receipt of the notice, and, indicate that no .response will be interpreted as no objection. (c) DCM staff shall review all comments. If DCM determines that the comments are relevant to the potential impacts of the proposed project and the permitting issues raised by the comments are worthy of more detailed review, DCM shall notify the applicant that he/she must submit an application for a major development permit. (d) Approval of individual projects shall be acknowledged in writing by the Division of Coastal Management and the applicant shall be provided a copy of this Section. Construction authorized by this permit shall be completed within 120 days of permit issuance or the general authorization expires and a new permit shall be required to begin or continue construction. History Note: Authority G.S. 113A-107, 113A-118.1; Eff. January 1, 1994; Amended Eff. August 1, 2007. /15A NCAC 07H .2003 PERMIT FEE The applicant shall pay a permit fee of two hundred dollars ($200.00) by check or money order payable to the Department. History Note: Authority G.S. 113A-107; 113A-118.1; 113A-119.1; Eff. October 1, 1993; Amended Eff. September 1, 2006; August 1, 2000 15A NCAC 07H .2004 GENERAL CONDITIONS pj. b, (a) Structures authorized by this permit shall conform to the standards herein. A& (b) Individuals shall allow authorized representatives of the Department of Environment and Natural Resources to make periodic inspections at any time deemed necessary in order to be sure that the activity being performed under the �thority of this general permit is in accordance with the terms and conditions prescribed herein. ) There shall be no unreasonable interference with navigation or use of the waters by the public by the existence of piers or mooring pilings. 69 Ad) This permit will not be applicabl&to proposed construction where the Department has determined, based on an initial review of the application, that notice and review pursuant to G.S. 113A-119 is necessary because there are unresolved questions concerning the proposed activity's impact on adjoining properties or on water quality; air quality; coastal 7etlands; cultural or historic sites; wildlife; fisheries resources; or public trust rights. �(e) This permit does not eliminate the need to obtain any other required state, local, or federal authorization. ,,Jf) Development carried out under this permit must be consistent with all local requirements, AEC rules, and local land use plans current at the time of authorization. /(g) This general permit will not be applicable where the Department determines that the proposed modification will result in closure of waters to shellfishing under rules adopted by the Commission for Health Services. History Note: Authority G.S. 113A-107; 113A-118.1; Eff January 1, 1994; Amended Eff. August 1,1998. 1r5A NCAC 07H .2005 SPECIFIC CONDITIONS (a) All proposed work must be carried out within the existing footprint of the development with no increase in the number of slips nor any char e ' the exist' use. "Existing footprint" is defined as the area delineated by the outer j �J D�/j rb) �Modificaflons ngs, ens of piers, and up and basin or area within an enclosing breakwater, whichever is greater. L✓to piers and mooring facilities shall not interfere with the access to any riparian property, and shall �Opave a minimum setback of 15 feet between any part of the pier(s) or piling(s) and the adjacent property lines extended the"water "at the points = that they h efsect the shoreline. The mmimum setbacks provided inthe rule may he waived 7 U(-JPA pD 09gby the written agreement of the adjacent riparian owner(s), or when two adjoining riparian owners are co -applicants. S ,J l Should the adjacent property be sold before construction of the pier(s) or piling(s) commences, the applicant shall obtain a written agreement with the new. owner .waiving the minimum setback and submit it to the Division of Coastal Irl`) wManagement prior to initiating any development. The line of division of areas of riparian access shall be established by PPA& Or* drawing a line along the channel or deep water in front of the property, then drawing a line perpendicular to a line of the channel so that it intersects with the shore at the point the upland property line meets the water's edge. When shoreline configuration is such that a perpendicular alignment cannot be achieved, the pier shall be aligned to meet the intent of this rule to the maximum extent practicable. History Note: Authority G.S. 113A-107, 113A-118.1; Eff. October 1, 1993. 70 SECTION .1200 - GENERAL PERMIT FOR CONSTRUCTION OF PIERS AND DOCKING FACILITIES: IN ESTUARINE AND PUBLIC TRUST WATERS AND OCEAN HAZARD AREAS 15A NCAC 07H .1201 PURPOSE A permit under this Section shall allow the construction of new piers and docking facilities (including pile supported or floating) in the estuarine and public trust waters AECs and construction of new piers and docks within coastal wetlands AECs according to the authority provided in Subchapter 07J .1100 and according to the Rules in this Section. This permit shall not apply to oceanfront shorelines or to waters and shorelines adjacent to the Ocean Hazard AEC with the exception of those shorelines that feature characteristics of the Estuarine Shoreline AEC. Such features include the presence of wetland vegetation, lower wave energy, and lower erosion rates than the adjacent Ocean Erodible Area. History Note: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124; Eff. March 1, 1984; Amended Eff. July 1, 2009; April 1, 2003. 15A NCAC 07H .1202 APPROVAL PROCEDURES (a) An applicant for a General Permit under this Subchapter shall contact the Division of Coastal Management and request approval for development. The applicant shall provide information on site location, dimensions of the project area, and his ,name and address. (b) The applicant shall provide: (1) confirmation that a written statement has been obtained signed by the adjacent riparian property owners indicating that they have no objections to the proposed work; or (2) confirmation that the adjacent riparian property owners have been notified by certified mail of the proposed work. The notice shall instruct adjacent property owners to provide any comments on the proposed development in writing for consideration by permitting officials to the Division of Coastal Management within 10 days of receipt of the notice, and, indicate that no response will be interpreted as no objection. DCM staff shall review all comments and determine, based on their relevance to the potential impacts of the proposed project, if the proposed project can be approved by a General Permit. If DCM staff finds that the comments are worthy of more in-depth review, DCM shall notify the applicant that he must submit an application for a major development permit. (c) No work shall begin until an on -site meeting is held with the applicant and a Division of Coastal Management representative to review the proposed development. Written authorization to proceed with the proposed development shall be issued if the Division representative finds that the application meets all the requirements of this Subchapter. Construction shall be completed within 120 days of the issuance of the general authorization or the authorization shall expire and it shall be necessary to re-examine the proposed development to determine if the general authorization may be reissued. (d) Any modification or addition to the authorized project shall require prior approval from the Division of Coastal Management. History Note: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 113A-118.1; 113A-124; Eff. March 1, 1984; Amended Eff. October 1, 2007; August 1, 1998; January 1, 1990. J15A NCAC 07H .1203 PERMIT FEE The applicant shall pay a permit fee of two hundred dollars ($200.00) by check or money order payable to the Department. History Note: AuthorityG.S. 113A-107; 113A-113(b); 113A-118.1; 113A-119; 113-119.1; 113A-124; Eff. March 1, 1984; Amended Eff. September 1, 2006; August 1, 2000; March 1, 1991.. 15A NCAC 07H .1204 GENERAL CONDITIONS v/(a) Piers and docking facilities authorized by this general permit shall be for the exclusive use of the �nd owner occupant and shall not be leased or rented or used for any commercial purpose. Except in the cases of shared bed in 7H .1205, piers and docking facilities designed to provide docking space for more than two boats shall, because of their greater 49 potential for adverse impacts, be reviewed through the major permitting process and, therefore, are not authorized by this general permit. ✓ (b) Individuals shall allow authorized representatives of the Department of Environment and Natural Resources to make periodic inspections at any time deemed necessary in order to be sure that the activity being performed under the authority of t is general permit is in accordance with the terms and conditions prescribed herein. (c) There shall be no interference with navigation or use of the waters by the public by the existence of piers and -docking facilities. (d) This permit shall not be applicable to proposed construction where the Department determines that the proposed activity will endanger adjoining properties or significantly affect historic, cultural, scenic, conservation or recreation values, identified in G.S. 113A-102 and G.S. 113A-113(b)(4). (e) This permit does not eliminate the need to obtain any other required state, local, or federal authorization. (f) Development carried out under this permit shall be consistent with all local requirements, AEC Guidelines, and local land use plans current at the time of authorization. History Note: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b); 11321-118.1; 113A-124; Eff. March 1, 1984; Amended Eff. May 1, 1990; RRC Objection due to ambiguity Eff. May 19, 1994; Amended Eff. July 1, 2009; August 1, 1998; July 1, 1994. 15A NCAC 07H .1205 SPECIFIC CONDITIONS ,g4_(a) Piers and docking facilities may extend or be located up to a maximum of 400 feet waterward from the normal high water line or the normal water level, whichever is applicable. (b) Piers and docking facilities shall not extend beyond the established pier length along the same shoreline for similar use. All This restriction shall not apply to piers and docking facilities 100 feet or less in length unless necessary to avoid interference with navigation or other uses of the waters by the public such as blocking established navigation routes or interfering with access to adjoining properties. The length of piers and docking facilities shall be measured from the waterward edge of any wetlands that border the water body. i�(c) Piers and docking facilities longer than 200 feet shall be permitted only if the proposed length gives access to deeper water at a rate of at least one foot at each 100 foot increment of pier length longer than 200 feet, or if the additional length is necessary to span some obstruction to navigation. Measurements to determine pier and docking -facility lengths shall be made from the waterward edge of any coastal wetland vegetation, which borders the water body. NIA (d) Piers shall be no wider than six feet and shall be elevated at least three feet above any coastal wetland substrate as ured from the bottom of the decking. he total square footage of shaded impact for docks and mooring facilities (excluding the pier) allowed shall be 8 square 30/ -$ et per linear foot of shoreline with a maximum of 800 square feet. In calculating the shaded impact, uncovered open water s shall not be counted in the total. 1/1) / The maximum size of any individual component of the docking facility authorized by this General Permit shall not exceed i I ✓ go square feet. %lJ i 1" (g) Docking facilities shall not be constructed in a designated Primary Nursery Area with less than two feet of water at normal low water level or normal water level (whichever is applicable) under this permit without prior approval from the Division of Marine Fisheries or the Wildlife Resources Commission (whichever is applicable). (h) Piers and docking facilities located over shellfish beds or submerged aquatic vegetation (as defined by the Marine A Fisheries Commission) may be constructed without prior consultation from the Division of Marine Fisheries or the Wildlife Resources Commission (whichever is applicable) if the following two conditions are met: (1) Water depth at the docking facility location is equal to or greater than two feet of water at normal low water level or normal water level (whichever is applicable). (2) The pier and docking facility is located to minimize the area of submerged aquatic vegetation or shellfish beds under the structure. (i) Floating piers and floating docking facilities located in PNAs, over shellfish beds, or over submerged aquatic vegetation shall be allowed if the water depth between the bottom of the proposed structure and the substrate is at least 18 inches at normal low water level or normal water level, whichever is applicable. 0) Docking facilities shall have no more than six feet of any dimension extending over coastal wetlands and shall be elevated at least three feet above any coastal wetland substrate as measured from the bottom of the decking. (k) The width requirements established in Paragraphs (d), (e), (f), (g), (h), (i), and 0), of this Rule shall not apply to pier structures in existence on or before July 1, 2001 when structural modifications are needed to prevent or minimize storm damage. In these cases, pilings and cross bracing may be used to provide structural support as long as they do not extend more than of two feet on either side of the principal structure. These modifications shall not be used to expand the floor decking of platforms and piers. N 1� (1) Boathouses shall not exceed a combined total of 400 square feet and shall have sides extending no further than one-half the height of the walls as measured in a downward direction from the top wall plate or header and only covering the top half 50 5-Y t�-z -70 f of the walls. Measurements of square footage shall be taken of the greatest exterior dimensions. Boathouses shall not be V. allowed on lots with less than 75 linear feet of shoreline. P 0) The area enclosed by a boat lift shall not exceed 400 square feet. (n) Piers and docking facilities shall be single story. They may be roofed but shall not allow second story use. I NSA (o) Pier and docking facility alignments along federally maintained channels shall also meet Corps of Engineers regulations j for construction pursuant to Section 10 of the Rivers and Harbors Act. (p) Piers and docking facilities shall in no case extend more than 1/4 the width of a natural water body, human -made canal or basin. Measurements to determine widths of the water body, human -made canals or basins shall be made from the waterward edge of any coastal wetland vegetation which borders the water body. The 1/4 length limitation shall not apply when the proposed pier and docking facility is located between longer structures within 200 feet of the applicant's property. However, the proposed pier and docking facility shall not be longer than the pier head line established by the adjacent piers and docking ltties nor longer than 1/3 the width of the water body. 105 Piers and docking facilities shall not interfere with the access to any riparian property, and shall have a minimum setback 1 feet between any part of the pier and docking facility and the adjacent property lines extended into the water at the points that the intersect the shoreline. The minimum setbacks provided in the rule may be waived b the written agreement II � p Y P Y Y g of the adjacent riparian owner(s), or when two adjoining riparian owners are co -applicants. Should the adjacent property be sold before construction of the pier commences, the applicant shall obtain a written agreement with the new owner waiving s dc.. S `' the minimum setback and submit it to the Division of Coastal Management prior to initiating any development of the pier or docking facility. The line of division of areas of riparian access shall be established by drawing a line along the channel or lcl�d��� deep water in front of the property, then drawing a line perpendicular to the line of the channel so that it intersects with the AS C<'r ashore at the point the upland property line meets the water's edge. Application of this Rule may be aided by reference to the (. � approved diagram in Paragraph (t) of this Rule illustrating the rule as applied to various shoreline configurations. Copies of the diagram may be obtained from the Division of Coastal Management. When shoreline configuration is such that a nDG perpendicular alignment cannot be achieved, the pier or docking facility shall be aligned to meet the intent of this Rule to the /r,,aximum extent practicable. a/ (r) Piers and docking facilities shall be designed to provide docking space for no more than two boats. V�Q (s) Applicants for authorization to construct a pier or docking facility shall provide notice of the permit application to the V owner of any part of a shellfish franchise or lease over which the proposed pier or docking facility would extend. The applicant shall allow the lease holder the opportunity to mark a navigation route from the pier to the edge of the lease. 1&,,,(t) The diagram shown below illustrates various shoreline configurations: 51 Nx- 3D \ \\ye \\v {\ ua 211 0 iPC1U V IV t✓ 2 NORTH REFERENCE: RLAT CABINET G, SLIDE 63—H. I =., .a. .A> -<, US- i�P �p '..�,_ �•`\�..,e .... ,� E a ®�' t�...,N ,\ \ \ LINE TABLE UNE I BEARIN4 I WTµCE LW- LAND AREA L21 L22 •s • s.s aR v -Ls / LOT A ui >, 14.960 Sq.Ft. L. ' "" 0.34 Acres L59 L. Let n, •-... . -.. s= LT) • a.e - LOT B LTB L. _ 23.640 Sq.Ft. 0.54 Acres LEM R/V • RIGHT DF VAY C = CENTER LINE LINE NUMBER - COASTA:. AREA MANAGEMENT AMACT ^EC AREA OF AREA CONCERN PERMANENT CGNSERVATIDN ZDNE SC.FT. ..RE FEE, MR_. MINIMUM BUILDING LINE NEVD = NATIONAL GEODETIC VERTICAL DATUM P. =POI.- DF CURVatURE PRC POINT DF REVERSE CARVE PC[ PDINT o< Cp.—D CURVE PT . PDIN- DF TµDEN NCDDT z NEST. CAAD.INA MIT. OF TRANSPORTNTIDN _ NCDDT SlWT TRIANGLE CREM MI— ELEVATION t12-T-5B, VDDDS LINE r RIPARIAN AREA 404 WETLAND ARFA LOT A LOT A 16,880 Sq.Ft. 3.590 Sq.Ft. 0.39 Acres 0.08 Acres L. 1YL LY1Y 34.240 Sq.Ft. 8,310 Sq.Ft. 0.79 Acres 0.19 Acres LOT C LOT C L T a, 15,010 Sq.Ft. 17,890 Sq.Ft. 5,090 Sq.Ft. •< �� 0.34 Acres 0.41 Acres 0.12 Acres --•. LOT B, FINAL RIAN OF MITCHELL NARBOUR, SECTION PLAT CABINET G. SLIDES 63—G 4 63-•N. CRAVEN COUNTY REGISTER OF DEEDS- PRDPDSED 10 9i YARRIA FOR i MITCHELL HARBOUR � -oN+s.P nvE. uAtc•. cou.TY, NORTH c.RawA / LANp OWNE4: FNT CCMPA.Y Ac zwa Suitt & Associates• P.A. ln.uzv,m.: P,vm' Gy.s Gym PoBm.�`NC 'S8 Ne. IUZ lsffi s -- -- -- GRAPHIC SCALE ."" `•".' Elevo6— shown ore bAA.d upon lbe North C—M. Geoe T Survey Monument CIA 103. The 1999 published a ,DtioA is ..224 I b R 1 meters. NECr �OOpS \ �C 3 WETLANDS 711.5' 30' 75' T C 14 1 � C2 7.6' \^97.1 7.9' MOORING POLE (TYPICAL) woo0 � \DOCK \ 8.4' 4.6' � 21.2' \ j RIPARIAN LINE 1 ' i �'q�fr� SUS •� �, . 6 �A'��f1FRi45a�' REVISIONS: PLAT REVISED TO REFLECT AS BUILT DOCK LOCATION AS SURVEYED ON 10/31 /2007, RESURVEY OF Lot A, Final Plan of Mitchell Harbour, Plat Cabinet Slides 63—G & 63—H. Craven County Register of Dee For Mark Eichin-yer & Mary Jo Eichini NUMBER FIVE TOWNSHIP, CRAVEN COUNTY, NORTH CA REFERENCE: RESURVEY OF LOT A, FINAL PLAN OF MI T CHELL HAIR PLAT CABINET G, SLIDE 65—C CRAVEN COUNTY REGISTER OF DEEDS SUITT & ASSOCIATES, 01A LAND SURVEYORS SINGS z 965 P.O. BOX 12034 4 NEW BERN, NC 28 561 - 034 TEL. (252) 633-2999 / FAX: 252) 63 -9. WWW.SUITTANOAS S001A'1'Es,cam DATE: 11-30-98 50, 0' GRAPHIr' SCALE 25' 50, 100' ( IN US SURVEY FEET JOB N July 12, 2012 Mr. Maarten van dcr Biezen 108 Wind Tide Lane Havelock, NC 28532 Dear Mr. van der Biezen: This letter is in response to your e-mail correspondence dated June 29, 2012 to the Division of Coastal Management regarding your objections to the proposed construction of a platform within an existing boatlift project by your neighbor, Mr. Mark Eichenger. The proposed project is located on Mitchell Creek at Lot A, Mitchell Way, North'Harlowe, in Craven County, North Carolina. The Division has reviewed your concerns and objections to the proposed project. After reviewing the proposal along with your objections, the Division has determined that the proposed development complies with the rules of the Coastal Resources Commission in 15A NCAC 07H. 2000. Therefore, the Division issued CAMA General Permit #60288-C to Mark Eichenger on July 11, 2012 for the construction of a proposed 10' x 10' platform within an existing boatlift footprint. A copy of the permit is enclosed for your review. If you wish to contest the Division's decision to issue this permit, you may file a request for a Third Party Hearing. The request for a hearing will be considered by the Chairman of the Coastal Resources Commission. The hearing request must be filed with the Director, Division of Coastal Management, in writing and must be received within twenty (20) days after the disputed permit decision is made. Please contact me or Brad Connell at (252) 808-2808, if you have any questions, or if we can provide any additional information. Sincerely, Roy Brownlow District Manager Enclosure Cc: M. Ted Tyndall, Assistant Director, DCM Brad Connell, Field Representative, DCM 400 Commerce Avenue, Morehead City, NC 28557 OOeIC�rQ�In� Phone: 252-808-28081 FAX: 252-247-3330 Internet: v� m.nccoastalmanagement.net thCa rol p/ An Equal Opportunity l Affirmative Action Employer A t `GY,/C 6Z ll