05-05C Miller

I��/
AMA
NCDENR
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
May 23, 2005
Billy Miller
205 Miller Farm Road
Morehead City, NC 28557
RE: Payment of Proposed Penalty for Violations of the Coastal Area Management Act,
Committed in Carteret County
CAMA Violation # 05-05C
Dear Mr. Miller:
This letter will acknowledge receipt of your check #4583, in the amount of $700.00, and dated
May 18, 2005. 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 me at my Morehead City
office, [phone].
Sincerely,
Tere Barrett
District Manager
TB/lsb
cc: Roy Brownlow, Compliance Coordinator
Ted Tyndall, Asst. Director
Mark Hardeman, Coastal Management Rep.
Henry Wicker, COE
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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&Ny Miller 0 � V
April 29, 2005 1 !, y
Page 3 of 3 RIFI��
1��� ED
CAMA VIOLATION #05.05C MAY 2 3 2005
AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT Morehead City DCM
I understand that the staff of the Department of Environment and Natural Resources will propose the
assessment of a civil penalty in the amount of $700.00 against me for violation of the Coastal Area
Management Act, NCGS 113A-100 et sec, committed on or near Lot 33 Gem Court, Jade Point S/D, in the
Community of Otway, Carteret County, North Carolina. In order to resolve this matter with no further action or
expense on my part, I accept responsibility for the violation as described in the Notice of Violation letter dated
2/25/05, and agree to pay the proposed civil assessment of $700.00.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER
400 Commerce Ave., Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.necoastalmanagement.net
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•
DCM ENFORCEMENT TRACKING REPORT
Issuer
Field Rep. (V I i�'- +-li�m✓fl� Violation Base No.
�� o T I,t, A B C D
PO
m Violated Permit No.
—
I- PIS (if applicable)
Violation Description Was activity permittable? Yes /
Initial Discovery Date ;L-7-05 Discovery Method /+ �"
Violation Description &e4'iNJ + 15 1Y�f klj 4 Cy�Qg' --� 4 Fe,40 1
Respondent Information
Respondent Names)
Address A,�"gq
13
City mol-ed16ejo.,�e
Phone # Fax #
(Landowner/Agent/Contractor)
State /(%e_- Zip -;ZTS j
Email
Violation Type:
Project Type:
Authorizations Required:
Site Visits Respondent Site Visits Respondent
o Permit
Private/Community
Major CAMA
Present Present
� %- CJ/� 3 i192r%5
Permit Condition
Govt./Public
Minor' D&F
Ex fired Permit
Commercial
General
Inconsistent wl Rules
Violation Location and Site Description
� G0D 919 /,4
Project Location: County
O*Z72 -T
Rover File 'fif-
Shoreline Length
Street Address/ State Road/ Lot #(s)
SAV: Notsure
Yes
40
LOT 33 6rzM LT
Sandbags: Not Sure
Yes
Subdivision
PNA:
®
Yes
No Adjacent
® Adjacent
/_
City S#aii' To duike ZIP
ORW:
Crit.Hab.
Yes
//
Phone # ( ) RiverBasine✓H• 0�
Photos
®
No
Adj. Wtr. Body Zei Y-5 ('reek na[ /man /unkn)
Waiver Required
,v�es
1�
Closest Ma'. Wtr. Bodyr /
1 B�Ue 7oU-vU
In DWQ Buffer Area
12V
No
Restoration
NOV Date '05
CNOV Date
Penalty Assessment
Sent to Respondent Date
Rcvd. by Dist. Mgr. Date
IAssessment Extended Yes No
Extension Granted Yes No
Initial Req. Comp. Date
Restoration Letter
Date Comp. Observed Acceptance Date
71.0409 Ref. Recomm. Assess. DCM Assess.
App.IPermitFee ,r$ q,60 $
PenaltyJ(vX�)Cr`,'} $ / D O $
Willful/Intent. $ 350 $
Continuing $ $
Other
$
Total qoo '
$

Formal Assessments, Appeals and Reductions
Date Long Form Submitted Assessment Appealed Yes ' No
Date Formal CPA Submitted
Penalty modified
Final Assessment $ Date
Attorney General's Office for Injunction or Formal Collection
Date sent to AG Respondent 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 / No If yes, which types:
® © PTA ES PTS (P DS Cl SY 1R LS TY
OEA HHF IH SS SC <0 404
PWS: FC:
Other:
Restoration Required by the Respondent Yes / No
f
Dimensions in excess Dimensions to restore Final dimensions Actually restored
of permit/ unauthorized activities allowed
Development Activities
Habitat Description _ _ __-
i
NOTES:
Closing
Payment Received $
Date
Date Case Closed

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1. Article Addressed to:
Mr. Billy Miller
P O Box 1376
Morehead City, NC 28557
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Send print your name, address, and ZIP+4 in this box
O
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Division of Coastal Management/.�8
a
400 Commerce Avenue
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Morehead City, N.C. 28557
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808-2808
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NCDENR
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
April 29, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Billy Miller
P. 0. Box / 39'4
Morehead City, NC 28557
RE. CAMA VIOLATION #05-05C
Dear Mr. Miller:
This letter is in reference to the Notice of Violation dated 2/25/05 that Mark Nardeman, Coastal Management
Representative for the Division of Coastal Management, issued to you for the grading and filling of federal and
state wetlands adjacent to Leffer's Creek at Lot 33, Gem Court, Jade Point S/D in the Otway Community of
Carteret County. The violation involved Coastal Wetlands and the Estuarine Shoreline, which are Areas of
Environmental Concern designated by the Coastal Resources Commission.
The Coastal Area Management Act provides that a civil assessment of up to $2,500 may be assessed for any
violation of this type. It is the policy of the Coastal Resources Commission to assess a civil penalty for all
violations in order to recover some of the costs of investigating violations and/or to compensate the public for
any damage to its natural resources. Please be reminded that you have been issued two prior Notices of
Violation for grading and filling within these same AFC's. Pursuant to the North Carolina Administrative Code,
Title 15A, Subchapter 7J .0409(f)(4)(E)(ii), the amount of the civil assessment proposed against you will reflect
the repetitiveness of your noncompliance with the Coastal Area Management Act (CAMA) and the Coastal
Resource Commission's rules.
Under the rules of the Coastal Resource Commission, a proposed civil penalty in the amount of $700.00 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 and paying the amount proposed above. In orderto do this,
you must: (1) sign one of the attached copies of an "Agreement to Pay Civil Assessment;' (2) attach a check or
money order for $700.00 made payable to the North Carolina Department of Environment and Natural
Resources (NCDENR); and, (3) return the signed agreement and payment to this office in.the enclosed, self-
addressed envelope within ten (10) days of your receipt of this letter. Upon deposit of your check in the
Department's account, you will receive a Notice of Compliance officially closing this enforcement action.
400 Commerce Ave., Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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Sard TO
Mr. Billy Miller
Ar[ P O Box 1376
or POBoxM
airy, s-taie,-z Morehead City, NC 28557 ---

Billy Miller
April 29, 2005
Page 2 of 3
If you do not send a signed agreement and payment to this office within ten (10) days, the Director of the
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 important matter. If you have any questions, please
do not hesitate to contact me at [phone].
Sincerely,
Tere Barrett, District Manager
Division of Coastal Management
Enclosures
cc: Ted Tyndall, Assistant Director, DCM
Roy Brownlow, Compliance Coordinator, DCM
Mark Hardeman, Coastal Management Representative, DCM
Henry Wicker, USACE
Larry Smith, LPO
400 Commerce Ave., Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
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Willy
April 29, 2005
Page 3 of 3
CAMA VIOLATION #05.05C
AGREEMENT TO PAY PROPOSED CIVIL ASSESSMENT
I understand that the staff of the Department of Environment and Natural Resources will propose the
assessment of a civil penalty in the amount of $700.00 against me for violation of the Coastal Area
Management Act, NCGS 113A-100 et seg, committed on or near Lot 33 Gem Court, Jade Point S/D, in the
Community of Otway, Carteret County, North Carolina. In order to resolve this matter with no further action or
expense on my part, I accept responsibility for the violation as described in the Notice of Violation letter dated
2/25/05, and agree to pay the proposed civil assessment of $700.00.
DATE
SIGNATURE
ADDRESS
TELEPHONE NUMBER
400 Commerce Ave., Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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AgtrpA
NCDENR
M� i0,
18
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
NOTICE OF VIOLATION
February 25, 2005
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Billy Miller
P. 0. Box 1376
Morehead City, NC, 28557
RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT
CAMA VIOLATION #05-05 C
Dear Mr, Miller:
This letter is in reference to our site visit on February 7, 2005, on Mr. William John Miller's property at Lot
33, Gem Ct., adjacent to Leffers Creek, at or near Straits Township in Carteret County, North Carolina.
The purpose of the onsite meeting was to investigate unauthorized development on the aforementioned
property. This letter also references the site visit with the landowners and the Division of Coastal
Management on February 11, 2005 to review the violation.
Information gathered by me for the Division of Coastal Management indicates that your actions as
contractor for Mr. William John Miller are in violation of the Coastal Area Management Act (CAMA). No
person may undertake major development in a designated Area of Environmental Concern (AEC) without
first obtaining a permit from the North Carolina Department of Environment and Natural Resources
pursuant to the North Carolina General Statutes (N.C.G.S.) 113A-118.
I have information that indicates you have undertaken or are legally responsible for land disturbing activity
(clearing and removal of the root mat) within the 75' AEC,' of which approximately 30' x 175' is within
Federal Wetlands according to the delineation dated February 2, 1999 and an area 15' x 15' is in Coastal
Wetlands on the aforementioned property. This activity took place in Coastal Wetlands and Estuarine
Shoreline AEC's that are contiguous with Leffers Creek. Coastal Wetlands and Estuarine Shoreline areas
are designated as Areas of Environmental Concern (AEC). No permit was issued to you for work in this
area. Based on these findings, I am initiating an enforcement action by issuing this Notice of Violation for
violation of the Coastal Area Management Act.
1
I request that you immediately CEASE AND DESIST any further development and contact me about this
matter. 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 that is
subject to an additional assessment of $2,500. An injunction or criminal penalty may also be sought to
enforce any violation in accordance with N.C.G.S. 113A-126,
400 Commerce Ave., Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastaimanagement.net
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It is the policy of the Coastal Resources Commission to assess a minimum civil penalty $500.00 against all
violations. This is done to recoup some of the costs of investigating the violation and/or to compensate the
public for any damage to its natural resources. Whether a higher amount will be assessed will depend on
several factors, including the nature and area of the resources that were affected and the extent of the
damage to them.
Based upon the North Carolina Administrative Code, Title 15A, Subchapter 7J.0409(f)(4)(F)(ii), the policy of
the Coastal Resources Commission is to levy a civil assessment against contractors in addition to that
assessed against the landowner. Therefore, since this is your third Notice of CAMA Violation in the same
Area(s) of Environmental Concern, you should expect a civil assessment to be levied against you.
The relevant statutes and regulations are available from this office, and I am willing to assist you in
complying with the requirements of these laws. A site inspection will be made in the immediate future to
determine whether this REQUEST TO CEASE AND DESIST has been complied with. I request that you
contact me immediately about these important matters.
Sincerely, 11 ,{
�i Do
j�,�61,.,it '----
Mark Hardeman
Coastal Management Representative
cc:Ted Tyndall, Assistant Director, DCM
Tare Barrett, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Henry Wicker, USACE

FUNCVION=> C-------DCM ENFORCEMENT PRIMARY VIOLATOR INFORMATION --------- RRD210
'CASE:-040006C PERMIT #: CONSULTANT: BARRETT
NAME: MILLER, BILLY ADDR: P.O. BOX 1376
CITY: MOREHEAD CITY STATE: NC ZIP: 28557 PHONE:
CNTY: CARTERET NEAREST WATER BODY: NEWPORT RIVER ST PLANE X:
LPO : EILEEN BENTON LOCALITY: 2337 SHORE DR(NORTH SHORE S/D ST PLANE Y:
VIO DESC: CONTRACTOR FOR RAYMOND LAWRENCE NOV # 04-05C
NOV SENT: 04 02 04 VIOLATION: MAJOR: Y MINOR: PERM COND: LAMA: Y D&F: Y
RESTORE : N REQUESTED: COMPLETED:
ESTUARY: Y PUB TRST: Y SHORELINE: Y OCEAN HZ: OTHER: PRI NURS: ORW:
WETLANDS: Y SA: Y DS: CJ: SY: JR: LS: TY:
SS: SC: SP: IF: BF: WS: MF:
TYPE EXCAVATE FILLED RESTORE OTHER TYPE EXCAVATE FILLED RESTORE OTHER
OT 14175 0 0 0 HG 11250 0 0 0
SB 1800 0 0 0 CW 225 0 0 0
EW 900 0 0 0 0 0 0 0
------------------------ASSESSMENT AND DISPOSITION -----------------------------
REC ASSMT: 00000 REFERENCES: CRITERIA:
REPORT RCVD: ASSESSED: 0 TO OGC: TO VIOLATOR:
PAY REC: 0 ON: CASE CLOSED:
# VIOLATORS: 2 TOTAL ASSESSMENT: 0 TOT RECEIVED: 0
MESSAGE: ENTER DATA YOU WISH TO CHANGE
PFI=HELP PF2=MAIN MENU PF3=ENFORCEMENT MENU PF4=PREY SCREEN PF5=VIOLATOR

FUNCTION=> C-------DCM ENFORCEMENT PRIMARY VIOLATOR INFORMATION --------- RRD210
CASE: 010077C PERMIT #: CONSULTANT: SHAVER
NAME: MILLER, BILLY ADDR: P.O. BOX 1376
CITY: MOREHEAD CITY STATE: NC ZIP: 28557 PHONE: [phone]
CNTY: CARTERET NEAREST WATER BODY: BOGUE SOUND ST PLANE X:
LPO : LOCALITY: WATERFRONT AVE ST PLANE Y:
VIO DESC: UNAUTHORIZED GRADING AND FILLING OF AN APPROX AREA OF 1400 SQ FT
NOV SENT: 11 09 01 VIOLATION: MAJOR: MINOR: Y PERM COND: Y CAMA: D&F:
RESTORE : N REQUESTED: COMPLETED:
ESTUARY: Y PUB TRST: SHORELINE: Y OCEAN HZ: OTHER: PRI NURS: ORW: Y
WETLANDS: N SA: DS: CJ: SY: JR: LS: TY:
SS: SC: SP: IF: BF: WS: MF:
TYPE EXCAVATE FILLED RESTORE OTHER TYPE EXCAVATE FILLED RESTORE OTHER
ES 0 1400 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: 00100 REFERENCES: FII CRITERIA: 06 01 91
REPORT RCVD: ASSESSED: 100 TO OGC: 01 01 01 TO VIOLATOR: 12 11 01
PAY REC: 100 ON: 01 19 02 CASE CLOSED: 01 19 02
# VIOLATORS: 2 TOTAL ASSESSMENT: 100 TOT RECEIVED: 100
MESSAGE: ENTER DATA YOU WISH TO CHANGE
PFI=HELP PF2=MAIN MENU PF3=ENFORCEMENT MENU PF4=PREY SCREEN PF5=VIOLATOR

m-Mar-o6 NC DIVISION'OF,COASTAL MANAGEMENT ENFORCEMENT RECORD
CASE STATUS CASE NUMBER' LAST NAME " '
,. �--------•-� FIRST BUSINESS'NAME -.
OO CASEISOPEN .,, I4
05-O5C - MILLER BILLY 7777 "
O CASE IS CLOSED
,., ,AFFLILIATION SECTOR
, NOV DATE' CLOSURE DPrevlobS VlolBtlonS'In Same AEC:,,,,:,
CONTRACTOR t COMMERCIALS Q'for Slmllar ACtIVIt1es
MAILING ADDRESS', CITY STATE-ZIPCODE: �PHONENUMBER
POB 1376 it MOREH EAD CITt NC , 28557 I 3t
r w$
PROPERTY ADDRESS: _. COMMUNITY- " .4YATERBODY,` NEARESTTROAD
f
DISTRICTb&ICE ',COUNTY ` . DCM REPRESENTATIVE = LPO CONTAGT'>
VIOLATION TYPE,, ' ,>~ .
r '
(4 I' AEC TYPE ` yl `
NATURE'OF,VIOLATION'"
nauthorized major development and violation of the State's Dredge & Fill Law by engaging in land disturbing activity
;fearing & removal of the root mat) within the 75' AEC, of which approx. 5,250 sgft is within Federal wetlands and 225
qft is within CW and the ES that is adjacent to Leffers Creek.
G RESTORATION NOT REQUIRED CONTRACTOR - • -
y `� ` •"` "'"°' - .._RESTORATION 'EXTENDED RESTORE DATE
- RESTORATION NOT REQUIRED PERMITTABLE DEVELOPMENT DEADLINEt.
RESTORATION NOT REQUIRED FURTHER IMPACTS ` .EXTENbED li
IDi _.., syc C� .REFERRED TO AG',S OFFICE COLLECTION
RESTORATION PENDING `•" E. `
- • " -" • T,1 REFERRED TO AG'S. OFFICE -.INJUNCTION
ASSESSMENT DATE a , pENALTY AMOUNT,', COLLECTION DATE AMOUNT COLLECTED
PENALTY STATUS '' - T'' T
® PENALTYISSUED'p
S WILLFUL' INTENTIONAL PEATY IN OR DOUBLED) 9 CNOV ISSUED
Q PENALTY NOT ISSUED � 'j � APENALTY (MIN. . '
. CONRACTOR'S FIRST. OFFENSE } Cs SETTLED, AGREED UPON, OR STIPULATED PENALTY PENALTY APPEALED .
" 1]"l1NOOLLECTI6LEPENALTY , -
--." - •.�-.,.... ..-;- -.- , I] FORMAL CPA ISSUED , .
fiolations Involving Adversely Impacted Resources •'• , ,
MOUNTOFADVERSELY DISTURBEDAREA(SQ FT) F
MOUNT'OF RESTORED AREA (SQ: FT) '•; a ' ` ,,"
OTES
kLSO SEE CASE NO. 05-03C - MILLER, WILLIAM - PROPERTY OWNER. Billy Miller has 2 prior violations in
ame AEC for similar activity - SEE 04-06C, 01-77C. I

13-May-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
(CASE STATUS] CASE NUMBER LAST NAME
—) FIRST NAME BUSINESS NAME:
05-03C IMILLER WILLIAM
• CASE IS CLOSED I
AFFLILIATION
NOV DATE CLOSURE DATE PROPERTY OWNE
2/22l2005
MAILING ADDRESS CITY STATE
710 BAY ST FOREHEAD CIT NC
PROPERTY ADDRESS COMMUNITY
LOT 33 GEM CT ISTRAITS
SECTOR
Previous Violations in Same AEC
PRIVATE for Similar Activities
ZIP CODE PHONE NUMBER
28557- �—
WATERBODY NEAREST ROAD
LEFFERS CREEK S71331
DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT
MHCDO CARTERET HARDEMAN
VIOLATION TYPE
AFFECTED AEGIS) J CW J EW �. PTA [] ES PTS
MAJOR CAMA plus DREDGE AND FILL OEA HHFA IHA PWS NCRA
NATURE OF VIOLATION AEC DESCRIPTION CW. FS
Unauthorized major development and violation of the State's Dredge & Fill Law by engaging in land disturbing activity
(clearing & removal of the root mat) within the 75' AEC, of which approx. 5,250 sgft is within Federal wetlands and 225
sgft is within CW and the ES that is adjacent to Leffers Creek.
RESTORATION STATU ] RESTORATION REQUEST DATE COMPLETION DATE
JM 1 3/15/2005 3/29/2005
RESTORATION NOT REQUIRED - CONTRACTOR
--. RESTORATION EXTENDED RESTORE DATE
RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT - - DEADLINE
RESTORATION NOT REQUIRED - FURTHER IMPACTS EXTENDED
RESTORATION PENDING REFERRED TO AG'S OFFICE - COLLECTION
REFERRED TO AG'S OFFICE - INJUNCTION
ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED
PENALTY STATUS — - --I F I
4/25/2005 $350 5/9/2005 7350
J. PENALTY ISSUED ,
PENALTY NOT ISSUED WILLFUL -INTENTIONAL PENALTY (MIN. OR DOUBLED) -1 CNOV ISSUED
CONRACTOR'S FIRST OFFENSE SETTLED, AGREED UPON, OR STIPULATED PENALTY PENALTY APPEALED
.. UNCOLLECTIBLE PENALTY _J FORMAL CPA ISSUED
Violations Involving Adversely Impacted Resources
AMOUNT OF ADVERSELY DISTURBED AREA (SO. FT.) 225
AMOUNT OF RESTORED AREA (SQ. FT) 22,
NOTES
ALSO SEE CASE NO. 05-05C MILLER. BILLY - CONTRAC I OH FOR W ILLIAM MILLEH.

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