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HomeMy WebLinkAbout05-09B Coidan�, COnf14e Ib✓ �— ivy, North Carolina Department of Environment and Natural Resources 05-09B Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross, Jr., Secretary NOTICE OF VIOLATION 12 May 2005 CERTIFIED MAIL 7003 3110 0002 0605 8761 RETURN RECEIPT REQUESTED Alan Coidan, P.E. NC State Construction, Department of Administration. 301 N. Wilmington Street NC Education Building, Suite 450 Raleigh, NC 27601 Dear Mr. Coidan: This letter confirms that on 27 April 2005 and 11 May 2005, Terry Moore, District Manager in the Washington Regional Office, and I, were onsite the NCAAT (North Carolina Association for the Advancement of Teaching) property located off NC HWY 12, on the Pamlico Sound, adjacent the entrance to Silver Lake, on Ocracoke Island, in Hyde County, North Carolina. The purpose of our visits was to investigate unauthorized development on the aforementioned property. Information gathered by me for the Division of Coastal Management indicates that you have undertaken major development in violation of the Coastal Area Management Act (CAMA) as well as the State's Dredge and Fill Law. No person may undertake major development in a designated Area of Environmental Concern (AEC) without fast obtaining a permit from the N.C. Department of Environment and Natural Resources. This requirement is imposed by N. C. General Statute (herein abbreviated N. C. G. S.) I I3A-118. Information I have indicates that you have undertaken, or are legally responsible for unauthorized placement of a concrete mble/riprap revetment along t 75' of an erosion escarpment. This unauthorized activity took place in the Estuarine Water, Public Trust Area and Coastal Shoreline Area of Environmental Concern (AECs). Coastal Shoreline, Estuarine Water and Public Trust Area are designated Areas of Environmental Concern and no permit was issued for this work in these areas. Therefore, I conclude that you are in violation of the Coastal Area Management Act. 943 Washington Square Mall, Washington, North Carolina 27889 Phone: 252-946.6481 \ FAX: 252-948-0478 \ Internet: www.naroastalmanagementnetl None Carolina Naturally An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper Mr. Alan Coidan 12 May 2005 Page Two I request that you immediately CEASE AND DESIST any further unauthorized activities within designated Areas of Environmental Concern. A civil assessment of up to $2,500 may be assessed against any violator. Each day that the development described in this notice is continued or repeated may constitute a separate violation which is subject to an additional assessment of up to $2,500. An injunction or criminal penalty may also be sought to enforce any violation. NCGS 113A-126 It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $350 not to exceed $2,500 against all violations. This is done to recoup some of the costs of investigating violations and/or to compensate the public for any damage to its natural resources. Whether a higher amount will be assessed depends on several factors, including the nature and area of the resources that were affected and the extent of the damage to them. You are also in violation of the State's Dredge and Fill Law, which requires a permit from the NC Department of Environment, and Natural Resources before undertaking any excavation or fillin in any estuarine waters, tidelands, marshlands, or a state-owned lake. NCGS 113-229 Violations of the State's Dredge and Fill Law may be enforced by a criminal penalty or a civil action for damages or an injunction. NCGS 113-229 Based upon NC Administrative Code, 7H. State Guidelines for Areas of Environmental Concern, the placement of a concrete rubble/riprap revetment that you have undertaken is consistent with Sections .0206, Estuarine Waters, .0208, Public Trust Areas and .0209 Coastal Shorelines. Therefore there will be no restoration requested by this Division for the work that has already been undertaken. As per my 12 May 2005 phone conversation with Mr. Greg Driver, I suggested an onsite meeting to discuss the options to stabilize the shoreline and the pen -nit requirements of this Division. A CAMA/Dredge and Fill General Permit is available to complete the remaining work. Thank you for your time and cooperation in resolving this matter. If you have any questions about this or related matters, please call meat (252) 948-3854. Pending an enforcement report to be submitted, you will be notified as to the amount of a civil assessment for undertaking development without the proper permits. Sincerely, Steve Trowell Coastal Management Representative c: \ Terry E. Moore- District Manager, Washington Office, DCM ed Tyndall. Assistant Director, DCM Roy Brownlow —Enforcement Coordinator, DCM Raleigh Bland - U.S. Army Corps of Engineers, Washington Office (i North Carolina Department of Environment and Natural Resources os o9B Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross, Jr., Secretary NOTICE OF VIOLATION 12 May 2005 CERTIFIED MAIL 7003 3110 0002 0605 8761 RETURN RECEIPT REQUESTED Alan Coidan, P.E. NC State Construction, Department of Administration. 301 N. Wilmington Street NC Education Building, Suite 450 Raleigh, NC 27601 Dear Mr. Coidan: This letter confirms that on 27 April 2005 and 11 May 2005, Terry Moore, District Manager in the Washington Regional Office, and I, were onsite the NCAAT (North Carolina Association for the Advancement of Teaching) property located off NC HWY 12, on the Pamlico Sound, adjacent the entrance to Silver Lake, on Ocracoke Island, in Hyde County, North Carolina. The purpose of our visits was to investigate unauthorized development on the aforementioned property. Information gathered by me for the Division of Coastal Management indicates that you have undertaken major development in violation of the Coastal Area Management Act (CAMA) as well as the State's Dredge and Fill Law. No person may undertake major development in a designated Area of Environmental Concern (AEC) without first obtaining a permit from the N.C. Department of Environment and Natural Resources. This requirement is imposed by N. C. General Statute (herein abbreviated N. C. G. S.) 113A-118. Information I have indicates that you have undertaken, or are legally responsible for unauthorized placement of a concrete ruble/riprap revetment along t 75' of an erosion escarpment. This unauthorized activity took place in the Estuarine Water, Public Trust Area and Coastal Shoreline Area of Environmental Concern (AECs). Coastal Shoreline, Estuarine Water and Public Trust Area are designated Areas of Environmental Concern and no permit was issued for this work in these areas. Therefore, I conclude that you are in violation of the Coastal Area Management Act. Irw Carolina 943 Washington Square Mall, Washington, North Carolina 27889 ur 11; Phone:252-946.6481 1 FAX: 252-948.04781 Internet: www.nocoastalmanagement.nev An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper Mr. Alan Coidan 12 May 2005 Page Two I request that you immediately CEASE AND DESIST any further unauthorized activities within designated Areas of Environmental Concern. A civil assessment of up to $2,500 may be. assessed against any violator. Each day that the development described in this notice is continued or repeated may constitute a separate violation which is subject to an additional assessment of up to $2,500. An injunction or criminal penalty may also be sought to enforce any violation. NCGS 113A-126 It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $350 not to exceed $2,500 against all violations. This is done to recoup some of the costs of investigating violations and/or to compensate the public for any damage to its natural resources. Whether a higher amount will be assessed depends on several factors, including the nature and area of the resources that were affected and the extent of the damage to them. You are also in violation of the State's Dredge and Fill Law, which requires apermit from the NC Department of Environment, and Natural Resources before undertaking any excavation or filling in any estuarine waters, tidelands, marshlands, or a state-owned lake. NCGS 113-229 Violations of the State's Dredge and Fill Law may be enforced by a criminal penalty or a civil action for damages or an injunction. NCGS 113-229 Based upon NC Administrative Code, 7H. State Guidelines for Areas of Environmental Concern, the placement of a concrete rubble/riprap revetment that you have undertaken is consistent with Sections .0206, Estuarine Waters, .0208, Public Trust Areas and .0209 Coastal Shorelines. Therefore there will be no restoration requested by this Division for the work that has already been undertaken. As per my 12 May 2005 phone conversation with Mr. Greg Driver, I suggested an onsite meeting to discuss the options to stabilize the shoreline and the permit requirements of this Division. A CAMA/Dredge and Fill General Permit is available to complete the remaining work. Thank you for your time and cooperation in resolving this matter. If you have any questions about this or related matters, please call meat (252) 948-3854. Pending an enforcement report to be submitted, you will be notified as to the amount of a civil assessment for undertaking development without the proper permits. Sincerely, Steve Trowell Coastal Management Representative c: Terry E. Moore- District Manager, Washington Office, DCM \ Ted Tyndall, Assistant Director, DCM oy Brownlow — Enforcement Coordinator, DCM Raleigh Bland - U.S. Army Corps of Engineers, Washington Office North Carolina Department of Environment and Natural Resources 0 05-09B Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross, Jr., Secretary 1 June 2005 MAIL 7003 3110 0002 0605 8792 RETURN RECEIPT REQUESTED Alan Coidan, P.E. NC State Construction, Department of Administration. 301 N. Wilmington Street NC Education Building, Suite 450 Raleigh, NC 27601 Dear Mr. Coidan: This letter is in reference to the Notice of Violation that Steve Trowell, representative for the Division of Coastal Management, issued to you on 12 May 2005 for unauthorized development in violation of the Coastal Area Management Act (CAMA) and the State's Dredge and Fill Law. The violation occurred onsite the NCAAT (North Carolina Association for the Advancement of Teaching) property located off NC HWY 12, on the Pamlico Sound, adjacent the entrance to Silver Lake, on Ocracoke Island, in Hyde County, North Carolina. The violation resulted from the unauthorized placement of a concrete ruble/riprap revetment along ± 75' of an erosion escarpment. This unauthorized, unpemritted activity took place in the Estuarine Water, Public Trust Area, and Coastal Shoreline Areas of Environmental Concern (AECs) of the Pamlico Sound. Estuarine Waters, Public Trust Area, and Coastal Shorelines are designated Areas of Environmental Concern and no permit was issued to you for this development in these areas. The Coastal Area Management Act provides that a civil assessment of up to $2,500 may be assessed against any violation. It is the policy of the Coastal Resources Commission to assess a civil penalty for all violations. This is done to recover some of the cost of investigating violations and/or to compensate the public for any damage to its natural resources. Under Coastal Resources Commission rules, a proposed civil penalty in the amount of $200 is appropriate for this violation. You may expeditiously resolve this matter prior to the assessment of a formal civil penalty by accepting responsibility for the violation, waiving your right to an administrative hearing, and paying the amount proposed above. In order to do this, you must_ (1) sign one of the attached copies of a "Waiver of Right to an Administrative Hearing and Agreement to Pay Civil Assessment", (2) attach a check or money order for $200 made payable to the North Carolina Department of Environment and Natural Resources (NC DENR); and (3) return the signed waiver and payment to this office in the enclosed, self-addressed envelope within ten (10) days of N�o�thCarolina 943 Washington Square Mall, Washington, North Carolina 27889 ,Nllhlr1g11,# Phone: 252-946-6481 \ FAX: 252-948-0478 \ Internet www.nocoastalmanagementnev An Equal Opportunity \ Affirmative Action Employer- 500A Recycled \ 10% Post Consumer Paper y JVIV V LUUJ Mr. Alan Coidan I June 2005 Page Two Morehead City L)GM 05-09B receipt of this letter. Upon receipt of your check I will deposit it in the Department's account and issue you a Notice of Compliance officially closing this enforcement action. If you do not send a signed waiver and payment to this office within ten (10) days; the Director, Division of Coastal Management, will formally assess a civil penalty against you. You will then have the opportunity to request a hearing on the penalty or request remission of the penalty. Thank you for your time and cooperation in resolving this matter. If you have any questions, please do not hesitate to contact me at my Washington Office, (252) 946-6481 ext. 3851. Sincerely, Terry E. Moore District Manager Division of Coastal Management Washington Regional Office ENCLOSURE c: Steve Trowell - Coastal Management Representative, DCM \ TeTyndall - Assistant Director, DCM Vtod y Brownlow — Enforcement Coordinator, DCM Raleigh Bland - U.S. Army Corps of Engineers b North Carolina Michael F. Easley, Govemor Department of Environment and Natural Resources Division of Coastal Management ;ll.�liJ Charles S. Jones, Director William G. Ross, Jr., Secretary. I�IttT:1<►��hF7 CERTIFIED MAIL 7003 3110 0002 0605 8792 RETURN RECEIPT REQUESTED Alan Coidan, P.E. NC State Construction, Department of Administration. 301 N. Wilmington Street NC Education Building, Suite 450 Raleigh, NC 27601 Dear Mr. Coidan: This letter is in reference to the Notice of Violation that Steve Trowell, representative for the Division of Coastal Management, issued to you on 12 May 2005 for unauthorized development in violation of the Coastal Area Management Act (CAMA) and the State's Dredge and Fill Law. The violation occurred onsite the NCAAT (North Carolina Association for the Advancement of Teaching) property located off NC HWY 12, on the Pamlico Sound, adjacent the entrance to Silver Lake, on Ocracoke Island, in Hyde County, North Carolina. The violation resulted from the unauthorized placement of a concrete ruble/riprap revetment along ± 75' of an erosion escarpment This unauthorized, unpermitted activity took place in the Estuarine Water, Public Trust Area, and Coastal Shoreline Areas of Environmental Concern (AECs) of the Pamlico Sound. Estuarine Waters, Public Trust Area, and Coastal Shorelines are designated Areas of Environmental Concern and no permit was issued to you for this development in these areas. The Coastal Area Management Act provides that a civil assessment of up to S2,500 may be assessed against any violation. It is the policy of the Coastal Resources Commission to assess a civil penalty for all violations. This is done to recover some of the cost of investigating violations and/or to compensate the public for any damage to its natural resources. Under Coastal Resources Commission rules, a proposed civil penalty in the amount of $200 is appropriate for this violation. You may expeditiously resolve this matter prior to the assessment of a formal civil penalty by accepting responsibility for the violation, waiving your right to an administrative hearing, and paying the amount proposed above. In order to do this, you must: (1) sign one of the attached copies of a "Waiver of Right to an Administrative Hearing and Agreement to Pay Civil Assessment", (2) attach a check or money order for $200 made payable to the North Carolina Department of Environment and Natural Resources (NC DENR); and (3) return the signed waiver and payment to this office in the enclosed, self-addressed envelope vrithin ten (10) days of 943 Washington Square Mall, Washington, North Carolina 27889 Phone: 252-946-6481 1 FAX: 252-94B-0478 1 Internet www.nccoastalmanagementnetl North Carolina Alatira!!y An Equal Opportunity 1 Affirmative Action Employer- 50% Recycled 110% Post Consumer Paper r Mr. Alan Coidan i June 2005 Page Two t3 , h 7M)5 v' t 0-549B Moreheuu Uiiy L , receipt of this letter. Upon receipt of your check I will deposit it in the Department's account and issue you a Notice of Compliance officially closing this enforcement action. If you do not send a signed waiver and payment to this office within ten (10) days; the Director, Division of Coastal Management, will formally assess a civil penalty against you. You will then have the opportunity to request a hearing on the penalty or request remission of the penalty. Thank you for your time and cooperation in resolving this matter. If you have any questions, please do not hesitate to contact me at my Washington Office, (252) 946-6481 ext. 3851. Sincerely, Q W- � Terry E. Moore Q District Manager Division of Coastal Management Washington Regional Office ENCLOSURE c: \ Steve Trowell - Coastal Management Representative, DCM VTed Tyndall - Assistant Director, DCM Roy Brownlow — Enforcement Coordinator, DCM Raleigh Bland - U.S. Army Corps of Engineers J2 �4 North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross, Jr., Secretary 15 June 2005 I& Alain Coidan, P.E. NC State Construction, Department of Administration. 301 N. Wilmington Street NC Education Building, Suite 450 Raleigh, NC 27601 RE: Payment of Proposed Penalty for Violations of the Coastal Management Act Committed in Hyde County CAMA Violation No. 05-09B Dear Mr. Coidan: QG'M This letter will acknowledge receipt of Check No. 413 in the amount of $200, and dated 6/6/05. Once the amount of the check is credited to the Department of Environment and Natural Resources account, this matter will be fully and completely closed. If you have any further questions concerning this matter, please contact Steven J. Trowell, (252)-948-3854, at the Washington Regional office. Sincerely, Terry E. Moore District Manager Division of Coastal Management Washington Regional Office c: �ed Tyndall — Assistant Director, DCM Roy Brownlow — Compliance & Enforcement Coordinator Steven J. Trowell - Coastal Management Representative, WaRO, DCM One Np hCurolina 943 Washington Square Mall, Washington, North Caroline 27889 ,/Y�![I[!Y!1/lf Phone: 252-946-6481 1 FAX: 252.948.0478 1 Internet: xvnr.n000estelmaneoementnett 05-09B North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross, Jr, Secretary ;Wu� 15 June 2005 SUN 2 Zip h�a Mr. Alain Coidan, P.E. aCj,® NC State Construction, Department of Administration. C/y 301 N. Wilmington Street NC Education Building, Suite 450 Raleigh, NC 27601 RE: Payment of Proposed Penalty for Violations of the Coastal Management Act Committed in Hyde County CAMA Violation No. 05-09B Dear Mr. Coidan: This letter will acknowledge receipt of Check No. 413 in the amount of $200, and dated 6/6/05. Once the amount of the check is credited to the Department of Environment and Natural Resources account, this matter will be fully and completely closed. If you have any further questions concerning this matter, please contact Steven J. Trowell, (252)-948-3854, at the Washington Regional office. Sincerely, zO-Q (-�, Terry E. Moore District Manager Division of Coastal Management Washington Regional Office c: �Ted Tyndall — Assistant Director, DCM oy Brownlow — Compliance & Enforcement Coordinator Steven J. Trowell - Coastal Management Representative, WaRO, DCM 943 Washington Square Mall, Washington, North Carolina 27889 No,o Carolina Phone: 252-946-6481 1 FAX 252-948-0478 1 Intemetwwwncooestelmsnsoementnet/ ✓t'�tUM141 FUNCTJON=> C-------DCM ENFORCEMENT PRIMARY VIOLATOR INFORMATION --------- RRD210 CASE: 050009B PERMIT #: CONSULTANT: TROWELL NAME: NC STATE CONST, DEPT OF ADMIN ADDR: 301 N WILMINGTON STREET rTTY- RA EIGH STATE: NC ZIP: 27601 PHONE: 919 807 4131 CNTY: HYDE NEAREST WATER BODY: TAR/PAMLICO ST PLANE X: LPO : LOCALITY: NCAAT PROP -OLD COAST GUARD ST ST PLANE Y: VIO DESC: UNAUTHORIZED PLACEMENT OF CONCRETE RUBLE/RIPRAP REVETMENT ALONG 75' : OF EROSION ESCARPMENT, ES, PTA, CS NOV SENT: 05 12 05 VIOLATION: MAJOR: Y MINOR: PERM COND: CAMA: Y D&F: Y RESTORE : N REQUESTED: COMPLETED: ESTUARY: Y PUB TRST: Y SHORELINE: Y OCEAN HZ: OTHER: PRI NURS: ORW: WETLANDS: SA: DS: CJ: SY: JR: LS: TY: SS: SC: SP: IF: BF: WS: MF: TYPE EXCAVATE FILLED RESTORE OTHER TYPE EXCAVATE FILLED RESTORE OTHER 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ------------------------ASSESSMENT AND DISPOSITION ----------------------------- REC ASSMT: 00200 REFERENCES: 0409F4 CRITERIA: REPORT RCVD: 06 07 05 ASSESSED: 200 TO OGC: 01 01 01 TO VIOLATOR: 06 01 05 PAY REC: 200 ON: 06 07 05 CASE CLOSED: 06 15 05 # VIOLATORS: 1 TOTAL ASSESSMENT: 0 TOT RECEIVED: 0 MESSAGE: ENTER DATA YOU WISH TO CHANGE PFI=HELP PF2=MAIN MENU PF3=ENFORCE24ENT MENU PF4=PREV SCREEN PF5=VIOLATOR licin !ED JUL 0 7 2©05 Morehead City,DCM .dt'�,y cauT4�,ry lip 05-09B Division of Coastal Management Michael F. Easley, Govemor Charles S. Jones, Director William G. Ross, Jr„ Secretary 15 June 2005 Mr. Alain Coidan, P.E. NC State Construction, Department of Administration. 301 N. Wilmington Street NC Education Building, Suite 450 Raleigh, NC 27601 RE: Payment of Proposed Penalty for Violations of the Coastal Management Act Committed in Hyde County CAMA Violation No. 05-09B Dear Mr. Coidan: This letter will acknowledge receipt of Check No. 413 in the amount of $200, and dated 6/6/05. Once the amount of the check is credited to the Department of Environment and Natural Resources account, this matter will be fully and completely closed. If you have any further questions concerning this matter, please contact Steven J. Trowell, (252)-948-3854, at the Washington Regional office. Sincerely, Terry E. Moore District Manager Division of Coastal Management Washington Regional Office c: Ted Tyndall — Assistant Director, DCM \ -Roy Brownlow — Compliance & Enforcement Coordinator Roy J: Trowell - Coastal Management Representative, WaRO, DCM 943 Washington Square Mall, Washington, North Carolina 27889 Phone: 252-946-6481 '1 FAX:252-948.0478 1 Internet www.ncooestalmanaosment.nell W °nCaro ina dvaturQ V — — - i Issuer os---d913 Field Rep. ���i7� �/t/7L1., 'k— Viole:i.,n Ba=a No. _ A BN C D LPO i Violated Permit No. LPj (if applicable) Violation Descripti Initial Discovery Date Violation Description Prior Violations in Respondent Name(s) /Yirzil Addresgm/ �%��in�r��' m`� City Phone # Fax # Yes / i Zipoi�{C>� Violation Type: Project Type: Authorizations Re uired: Site Visits Respondent Site Visits Respondent' PrivatelCammunity ,�I I� No Permit Jr Major CAMA _Present � � ❑ Present ❑ r❑r�r ❑ Permit Condition I!J` GovtlPublic ❑ Minor LSI D&FFR y a� ❑ i j Expired Permit ❑ Commercial El General `�` ❑ ❑ ❑ Inconsistent wl Rules Violation Location and Site Description Rover File :. r .i...... Project Location: County . , . ... ..... Shoreline Length Street Address/ f�e s/ State Road/ Lot #(s) D SAV: Not Sure Yes o c�i y / GsJ� j�K (" �(?�ffi5's�'1"r �ylSG- Sandbags: Not Sure Yes No PNA: Yes No - Adjacent Subdivision �G, ORW Yes No Adjacent City (%G�2Gf%Rr f ZIP Crlt Hab. Yes No Phone # (_) River Basi �1' SC`x�/?C)� L� Photos Waiver Required Yes Yes No Adj. Wtr. Body 1' /GU " /man /unknl � N ,AA t� ,l!'uo9� d�f?I- l! In DWQ Buffer Area j �-Iwll ClosestMaj.WtrBody Specify DWQ Buffer if applicable: Restoration Extension Granted Yes No NOV Date G412 Initial Req. Comp. Date / Restoration Letter CNOV Date Date Comp. Observed Acceptance Date Penalty Assessment Sent to Respondent Date Z�5 Rcvd by DCM Date Assessment Extended Yes No - App./Permit Fee Penalty Willfulllntent Continuing Other 7J.0409 Ref. Recomm. Assess. DCM Assess. ;PC):-0 Dc r-Ai, /0 0 $ $ �d $ I$ I$ $ $ Total�Q Formal Assessments, Appeals and Reductions Date Long Form Submitted Date Formal CPA Submitted Final Assessment Attorney General's Office for Injunction or Formal Collection Assessment Appealed. Yes No ❑ Penalty modified Date sent to AG. ❑ Respondant not responsive to penalty/NOV ❑ Injunction to complete restoration Date Collection Let. Sent Date Demand Let. Sent Violation Activities and Impacts AECs Affected, � Wetlands Impacted? Yes ! so 65) 0 If yes, which types: OEA • HHF IH SA DS Cl SY • JR LS TY PWS: FC: SS SC SP IF BF 404 Other: Restoration Required by the Respondent Yes / No I Development Ac ivities t i j Habitat Description i I Dimensions In excess of permit/ unauthorized activities Dimensions to restore Final dimensions Actually restored allowed i � I i I Closing , Payment Received S at?—Q� Date Case Closed '/�1