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HomeMy WebLinkAbout05-43C Fulcher�►4 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 06 January 2006 Mr. John Fulcher 809 Lord Granville Drive Morehead City, NC 28557 RE: RESCISSION OF CAMA VIOLATION #05-43C Dear Mr. Fulcher: LSB 9�B TB RB MTT This letter is in reference to the Notice of CAMA Violation sent to you by Mark Hardeman dated 02 November 2005 for excavation of sand from the estuarine beach within the Coastal Shoreline Area of Environmental Concern (AEC). The activity allegedly took place on your property located 212 Styron Creek Road in the community of Sea Level, Carteret County, North Carolina. This important matter warranted further investigation by DCM staff and a site visit by Assistant Director Ted Tyndall. Based on this information and after further consultation with the Division of Coastal Management staff and the Assistant Director, there does not appear to be sufficient confirmation to continue this case. Therefore, it is my determination that this Notice of Violation (case no. 05-43C) is rescinded. Please be advised that this determination only applies to the activity described herein. Any other work you propose within the Coastal Shoreline AEC will require an evaluation by this office for any CAMA Permit requirements before commencing work. Thank you for your attention and cooperation in this matter. If you have any questions pertaining to this matter, please feel free to call me at (252) 808-2808. Sincerely, Kai Roy Brownlow Compliance Coordinator Cc: Ted Tyndall, Assistant Director, DCM Tere Barrett, District Manager, DCM Mark Hardeman, Coastal Management Representative, DCM Mickey Sugg, USCOE Nelson Taylor III, Taylor & Taylor, P.A. 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.ncGoastaimanagement.net An Equal Opportunity \ Affirmative Action Employer- 50% Recyded 110% Post Consumer Paper NELSON W. TAYLOR, III DEREK TAYLOR TAYLOR & TAYLOR, PA. ATTORNEYS AND COUNSELORS AT LAW 610 ARENDELL STREET MOREHEAD CITY, NORTH CAROLINA 28557 (252) 728-0001 November 17, 2005 Mr. Mark Hardeman Coastal Management Representative Division of Coastal Management NC Dept. of Environmental & Natural Resources 400 Commerce Avenue Morehead City, NC 28557 RE: Notice of Violation to John Fulcher 809 Lord Granville Drive Morehead City, NC 28557 Dear Mr. Hardeman: FACSIMILE (252) 728-2438 E-MAIL IC21 lalrl aw@mail.clis. WM NOV 2 1 ��O zone Morehead City DCM It has been brought to our attention by Mr. John Fulcher that you have never received our letter to you dated November 8, 2005 sent by Certified Mail/Return Receipt Requested and copied to the recipients listed below. Investigation of this matter reveals that the Certified Letter was postmarked received on November 9, 2005 at the US Post Office Main Station in Morehead City. The Postal Service is looking into this matter to determine the whereabouts of the letters postmarked November 8, 2005 but actually deposited in the Post Office on November 9'h. Hopefully, we will receive an answer to this mystery. Since it appears that these letters have just vanished into thin air, we are sending them to each individual again. Sincerely, Taylor & Taylor, PA rf �� elson W. Taylor, III NT/bpg cc: Ted Tyndall, Assistant Director, and DCM Tere Barrett, district Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Mickey Sugg, U.S. Corps of Engineer Mr. & Mrs. John Fulcher TAYLOR & TAYLOR, PA. ATTORNEYS AND COUNSELORS AT LAW 610 ARENDELL STREET MOREHEAD CITY, NORTH CAROLINA 28557 (252) 726-0001 NELSON W. TAYLOR, III DEREK TAYLOR November 8, 2005 Mr. Mark Hardeman Coastal Management Representative Division of Coastal Management NC Dept. of Environmental & Natural Resources 400 Commerce Avenue Morehead City, NC 28557 CERTIFIED/RRR RE: Notice of Violation to John Fulcher 809 Lord Granville Drive Morehead City, NC 28557 Dear Mr. Hardeman: R FACSIMILE (252) 726-2438 E-MAIL tairiaw@mail.cljs.com A copy of the Notice of Violation dated November 2, 2005 in which it is alleged that Mr. Fulcher is "legally responsible for excavation of an unknown amount of sand from the Estuarine Beach immediately waterward of the riprap wall that was permitted August 2, 2005, on the aforementioned property. This sand was then placed behind the riprap and has impacted an area approximately 3600 square feet (12'x300') within the Estuarine Shoreline AEC. This activity took place in Estuarine Waters and Estuarine Shorelines that are contiguous with Core Sound." This is to inform you, as Mr. Fulcher will also do by letter and in person if he can contact you, that Mr. Fulcher did nothing of the sort. This was done by nature, not by Mr. Fulcher. Ophelia and later a very strong northeaster washed sand through and behind the riprap bulkhead. Mr. Fulcher has no equipment that could accomplish what he is accused of doing, and the contractor who has been working with Mr. Fulcher on this riprap wall is ready to testify that he did no such work. The contractor still has work to do on the bulkhead in order to try to make it less porous by placing additional rock, but he has not been able to get back to do that work. Mr. Mark Hardeman Page 2 November 8, 2005 Mr. Fulcher is ready to meet with you at any time along with his wife, and if it will aid in any way, I will be glad to be present. However, Mr. Fulcher does not desire any adversarial relationship with you or with CAMA. Nevertheless, he cannot stand still while he is being accused of doing something he has not done. I am aware, as is Mr. Fulcher, that the U.S. Corps of Engineers representative is to be on the property on November 17 to delineate wetlands areas. As you probably know, Mr. Fulcher has requested this meeting. From your letter, it appears you will be there in addition to the Corps of Engineers, and he and I believe that this is potentially a very salutary meeting. I do not plan to be there, and I trust that Mr. Jenkins will not be notified to be there either. This needs to be a meeting where everyone can talk frankly without recriminations and without accusations. You and Mr. Mickey Sugg and Mr. Fulcher need to be free to discuss this matter among yourselves. I suspect Mrs. Fulcher will be there also. She is a very reasonable woman and serves as a calming influence on Mr. Fulcher. I will be glad to meet with you or talk with you at any time, whenever you think that that would be of benefit. Sincerely, Taylor & Taylor, PA Nelson W. Taylor, III NT/bg cc: Ted Tyndall, Assistant Director, and DCM Tere Barrett, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Mickey Sugg, U.S. Corps of Engineer Mr. & Mrs. John Fulcher S 43C. .�✓ I/ � TAYLOR & TAYLOR, PA. v ATTORNEYS AND COUNSELORS AT LAW 610 ARENDELL STREET MOREHEAD CITY, NORTH CAROLINA 28557 (252) 726-0001 NELSON W. TAYLOR, III FACSIMILE DEREK TAYLOR ^ �� 2) 726-2438 November 17, 2005 1(\■/YMw' U E-MAIL r @mail.dis.com NOV 2 1 2005 Mr. Mark Hardeman Coastal Management Representative Division of Coastal Management NC Dept. of Environmental & Natural Resources 400 Commerce Avenue Morehead City, NC 28557 RE: Notice of Violation to John Fulcher 809 Lord Granville Drive Morehead City, NC 28557 Dear Mr. Hardeman: Morehead City DCM It has been brought to our attention by Mr. John Fulcher that you have never received our letter to you dated November 8, 2005 sent by Certified Mail/Return Receipt Requested and copied to the recipients listed below. Investigation of this matter reveals that the Certified Letter was postmarked received on November 9, 2005 at the US Post Office Main Station in Morehead City. The Postal Service is looking into this matter to determine the whereabouts of the letters postmarked November 8, 2005 but actually deposited in the Post Office on November 9"'. Hopefully, we will receive an answer to this mystery. Since it appears that these letters have just vanished into thin air, we are sending them to each individual again. Sincerely, Taylor & Taylor, PA /elsk'Taylor, III NT/bpg cc: Ted Tyndall, Assistant Director, and DCM Tere Barrett, district Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Mickey Sugg, U.S. Corps of Engineer Mr. & Mrs. John Fulcher TAYLOR & TAYLOR, PA. ATTORNEYS AND COUNSELORS AT LAW 610 ARENDELL STREET MOREHEAD CITY. NORTH CAROLINA 28557 (252) 726-0001 NELSON W. TAYLOR. III DEREK TAYLOR November 8, 2005 Mr. Mark Hardeman Coastal Management Representative Division of Coastal Management NC Dept. of Environmental & Natural Resources 400 Commerce Avenue Morehead City, NC 28557 CERTIFIED/RRR RE: Notice of Violation to John Fulcher 809 Lord Granville Drive Morehead City, NC 28557 Dear Mr. Hardeman: c�� b'., FACSIMILE (252) 726-2438 E-MAIL to IrlawQmail. c11s.w m 03WED NOV 2 12005 Morehead City DCM A copy of the Notice of Violation dated November 2, 2005 in which it is alleged that Mr. Fulcher is "legally responsible for excavation of an unknown amount of sand from the Estuarine Beach immediately waterward of the riprap wall that was permitted August 2, 2005, on the aforementioned property. This sand was then placed behind the riprap and has impacted an area approximately 3600 square feet (12'000') within the Estuarine Shoreline AEC. This activity took place in Estuarine Waters and Estuarine Shorelines that are contiguous with Core Sound." This is to inform you, as Mr. Fulcher will also do by letter and in person if he can contact you, that Mr. Fulcher did nothing of the sort. This was done by nature, not by Mr. Fulcher. Ophelia and later a very strong northeaster washed sand through and behind the riprap bulkhead. Mr. Fulcher has no equipment that could accomplish what he is accused of doing, and the contractor who has been working with Mr. Fulcher on this riprap wall is ready to testify that he did no such work. The contractor still has work to do on the bulkhead in order to try to make it less porous by placing additional rock, but he has not been able to get back to do that work. A . Pl!! Mr. Mark Hazdeman OVED Paget 12005 November 8, 2005 Morehead City DCM Mr. Fulcher is ready to meet with you at any time along wifir his wife, and if it will aid in any way, I will be glad to be present. However, Mr. Fulcher does not desire any adversarial relationship with you or with CAMA. Nevertheless, he cannot stand still while he is being accused of doing something he has not done. I am aware, as is Mr. Fulcher, that the U.S. Corps of Engineers representative is to be on the property on November 17 to delineate wetlands areas. As you probably know, Mr. Fulcher has requested this meeting. From your letter, it appears you will be there in addition to the Corps of Engineers, and he and I believe that this is potentially a very salutary meeting. I do not plan to be there, and I trust that Mr. Jenkins will not be notified to be there either. This needs to be a meeting where everyone can talk frankly without recriminations and without accusations. You and Mr. Mickey Sugg and Mr. Fulcher need to be free to discuss this matter among yourselves. I suspect Mrs. Fulcher will be there also. She is a very reasonable woman and serves as a calming influence on Mr. Fulcher. I will be glad to meet with you or talk with you at any time, whenever you think that that would be of benefit. Sincerely, Taylor & Taylor, PA Nelson W. Taylor, III NT/bg cc: Ted Tyndall, Assistant Director, and DCM Tere Barrett, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Mickey Sugg, U.S. Corps of Engineer Mr. & Mrs. John Fulcher s'a TAYLOR & TAYLOR, PA. ATTORNEYS AND COUNSELORS AT LAW 610 ARENDELL STREET MOREHEAD CITY. NORTH CAROLINA 28557 (252) 726-0001 NELSON W. TAYLOR, III DEREK TAYLOR November 8, 2005 Mr. Mark Hardeman Coastal Management Representative Division of Coastal Management NC Dept. of Environmental & Natural Resources 400 Commerce Avenue Morehead City, NC 28557 CERTIFIED/RRR RE: Notice of Violation to John Fulcher 809 Lord Granville Drive Morehead City, NC 28557 Dear Mr. Hardeman: FACSIMILE (252) 726-2438 E-MAIL tairlaw@mall.clis.com A copy of the Notice of Violation dated November 2, 2005 in which it is alleged that Mr. Fulcher is "legally responsible for excavation of an unknown amount of sand from the Estuarine Beach immediately waterward of the riprap wall that was permitted August 2, 2005, on the aforementioned property. This sand was then placed behind the riprap and has impacted an area approximately 3600 square feet (12'x300') within the Estuarine Shoreline AEC. This activity took place in Estuarine Waters and Estuarine Shorelines that are contiguous with Core Sound." This is to inform you, as Mr. Fulcher will also do by letter and in person if he can contact you, that Mr. Fulcher did nothing of the sort. This was done by nature, not by Mr. Fulcher. Ophelia and later a very strong northeaster washed sand through and behind the riprap bulkhead. Mr. Fulcher has no equipment that could accomplish what he is accused of doing, and the contractor who has been working with Mr. Fulcher on this riprap wall is ready to testify that he did no such work. The contractor still has work to do on the bulkhead in order to try to make it less porous by placing additional rock, but he has not been able to get back to do that work. Mr. Mark Hardeman Page 2 November 8, 2005 Mr. Fulcher is ready to meet with you at any time along with his wife, and if it will aid in any way, I will be glad to be present. However, Mr. Fulcher does not desire any adversarial relationship with you or with CAMA. Nevertheless, he cannot stand still while he is being accused of doing something he has not done. I am aware, as is Mr. Fulcher, that the U.S. Corps of Engineers representative is to be on the property on November 17 to delineate wetlands areas. As you probably know, Mr. Fulcher has requested this meeting. From your letter, it appears you will be there in addition to the Corps of Engineers, and he and I believe that this is potentially a very salutary meeting. I do not plan to be there, and I trust that Mr. Jenkins will not be notified to be there either. This needs to be a meeting where everyone can talk frankly without recriminations and without accusations. You and Mr. Mickey Sugg and Mr. Fulcher need to be free to discuss this matter among yourselves. I suspect Mrs. Fulcher will be there also. She is a very reasonable woman and serves as a calming influence on Mr. Fulcher. I will be glad to meet with you or talk with you at any time, whenever you think that that would be of benefit. Sincerely, Taylor & Taylor, PA Nelson W. Taylor, III NT/bg cc: Ted Tyndall, Assistant Director, and DCM Tere Barrett, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Mickey Sugg, U.S. Corps of Engineer Mr. & Mrs. John Fulcher T bb 2 � 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 NOTICE OF VIOLATION November 2, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. John Fulcher 809 Lord Granville Dr. Morehead City, NC 28557 RE: NOTICE OF VIOLATION AND REQUEST TO CEASE UNAUTHORIZED DEVELOPMENT CAMA VIOLATION #05-43C Dear Mr. Fulcher: This letter confirms that on October 6, 2005, 1 was onsite at your property located at 212 Styron Creek Rd. adjacent to Core Sound located in or near the Town of Sea Level, off Hwy 70, Carteret County, North Carolina. The purpose of the visit was to investigate unauthorized excavation of the Estuarine Beach and filling behind a permitted riprap wall within the Core Sound Estuarine Shoreline. 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). 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. This requirement is imposed by North Carolina General Statute (N.C.G.S.) 113A-118. I have information that indicates you have undertaken or are legally responsible for excavation of an unknown amount of sand from the Estuarine Beach immediately waterward of the riprap wall that was permitted August 2, 2005 on the aforementioned property. This sand was then placed behind the riprap and has impacted an area approximately 3,600sf (12' x 300') within the Estuarine Shoreline AEC. This activity took place in Estuarine Waters and Estuarine Shorelines that are contiguous with Core Sound. Estuarine Waters and Estuarine Shoreline areas are designated as Areas of Environmental Concern (AEC). No permit was issued to you for excavation of the beach area or fill behind the riprap. It was noted on GP# 42480 that no backfill was allowed as per our phone conversation at 9:00am on August 15, 2005. Based on these findings, I am initiating an enforcement action by issuing this Notice of Violation for violation of the Coastal Area Management Act. 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 that is subject to an additional assessment of up to $2,500. An injunction or criminal penalty may also be sought to enforce any violation (N.C.G.S. 113A-126). 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper John Fulcher November 2, 2005 Page 2 of 3 It is the policy of the Coastal Resources Commission to levy a minimum civil assessment of $350.00 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. Based upon the North Carolina Administrative Code, Title 15A, Subchapter 07H. State Guidelines for Areas of Environmental Concern, the activity you have undertaken, excavation and filling in the Estuarine Waters and Estuarine Shoreline AECs, is not consistent with Section 15A NCAC 07H .0208 and .0209, which govern acceptable uses within shallow bottom habitat and the adjacent shoreline areas. Any Restoration will be determined at a November 17, 2005 meeting with the USACE to determine if the impacted area included federal wetlands. Further correspondence will be forthcoming after that meeting. 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 near future to determine whether this REQUEST TO CEASE AND DESIST has been complied with. I request that you contact me immediately. Thank you for your time and cooperation in resolving this important matter. If you have any questions about this or related matters, please call me at (252) 808-2808. Upon completion of the restoration as requested in the Restoration Plan Agreement to the satisfaction of the Division of Coastal Management, you will be notified as to the amount of the civil assessment for undertaking development without first obtaining the proper permit(s) and/or development that is inconsistent with Coastal Resources Commission rules. Sincerely, �OZL 4zc��� Mark Hardeman Coastal Management Representative Cc: Ted Tyndall, Assistant Director, DCM Tere Barrett, District Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Mickey Sugg, USACE 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer —50% Recycled 110% Post Consumer Paper DCM ENFORCEMENT TRACKING REPORT Issuer Field Rep. Violation Base No. LPO g•D-ot�%�I A B C D C/9lCTEQEf Gro , Violated Permit NoOld ya /8 LPJ (if applicable) Violation Description Was activity permittable? Yes / (lo Initial Discovery Date /0Discovery Method 0OmpL9nv7- Violation Description Fxc,9v.#r1.4x1 OF ,q.Be�-A e5i reia- /k Ao ayl Ot ✓mot p 'r•4-P G� 4?1eol hehl.yd a CA:Z-Y1 Respondent Information Prior Violations in same AEC: fes / No Case Number Olr"i%L`(A Respondent Name(s) OtiN fvle[ er- Landowner/ gent/Contractor) Address gd q may/ 6,,QAuul//e Jay-, City /ylDr'�ci?� State d!G Zip ,71?557 Phone# a5.�?-,�zll-7097FAX Fax# Email 2Z2'3f4-7 Violation Type: Project Type: Authorizations Required: Site Visits Respondent Site Visits Respondent No Permit Private/Communt adPresent Present PmGo s Minor ® /Q-'ice AJOI Expired Commercial General Inconsistent wl Rules Violation Location and Site Description Project Location: County C/;R-TEE•% Street Address/ State Road/ Lot #(s) ,2/; 5fy,6AJ Crec% F04.A Subdivision City 5ea.Letve( ZIP -19 %, Phone # (.2a)a2/17-769/71River Basin 14-A 6�L Adj. Wtr. Body 00of jGut/d at an /unkn) Closest Maj. Wtr. Body Cp/ L 7 0 U R/oZ Restoration '7716, LOS,0-2/9C Rover File Shoreline Length i add SAV: Not Sure Yes �A IUN Sandbags: Not Sure Yes PNA: Yes ® Adjacent ORW: a No Adjacent Crit. Hab. Yes a Photos O No Waiver Required Yes In DWQ Buffer Area (3 No NOV Date /(J"� "0J� Initial Req. Comp. Date Extension Granted Restoration Letter CNOV Date Date Comp. Observed Acceptance Date Penalty Assessment 71.0409 Ref. Recomm. Assess. Sent to R �( App./PermitFee s a56 oa Assessment /IIII /I ^II . . Rcvd. by I " © _-- $/ 6 ,_�_, t re f % ? WilBulllntent. $ 350,) � �e � 1 Continuing — - $ _ W Other $ C,40/ U St/bSf°'Krn rG� Total Yes No DCM Assess. r 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 CW PTA ES PTS OEA HHF IH SA SS SC SC C 0 IR SP 404 PWS: FC: Other: Restoration Required by the Respondent el No f Dimensions in excess Dimensions to restore Final dimensions of permit/ unauthorized activities allowed Development Activities Habitat Description NOTES: Closing Payment Received $ Date Date Case Closed If yes, which types: LS TY Actually restored N� NELSON W. TAYLOR. III DEREK TAYLOR TAYLOR & TAYLOR, P A. ATTORNEYS AND COUNSELORS AT LAW 610 ARENDELL STREET MOREHEAD CITY. NORTH CAROLINA 28557 (252) 728-0001 November 17, 20 g IVE D Mr. Mark Hardeman Coastal Management Representative Division of Coastal Management NC Dept. of Environmental & Natural Resources 400 Commerce Avenue Morehead City, NC 28557 NOV 2 1 2005 Morehead City DCM RE: Notice of Violation to John Fulcher 809 Lord Granville Drive Morehead City, NC 28557 Dear Mr. Hardeman: FACSIMILE (252) 728-2438 E-MAIL taIrIaw@maiI.cI1s.wm It has been brought to our attention by Mr. John Fulcher that you have never received our letter to you dated November 8, 2005 sent by Certified Mail/Return Receipt Requested and copied to the recipients listed below. Investigation of this matter reveals that the Certified Letter was postmarked received on November 9, 2005 at the US Post Office Main Station in Morehead City. The Postal Service is looking into this matter to determine the whereabouts of the letters postmarked November 8, 2005 but actually deposited in the Post Office on November 9"'. Hopefully, we will receive an answer to this mystery. Since it appears that these letters have just vanished into thin air, we are sending them to each individual again. Sincerely, Taylor & Taylor, PA Ak?'Taylor, III NT/bpg cc: Ted Tyndall, Assistant Director, and DCM Tere Barrett, district Manager, DCM Roy Brownlow, Compliance Coordinator, DCM Mickey Sugg, U.S. Corps of Engineer Mr. & Mrs. John Fulcher ■ Complete items 1, 2, and 3. Also complete Rem 4 R Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front R space permits. 1. Article Addressed to: B� J_o�d Grzanv� �IeJ A. ❑ Agent C. Date of Delivery D. Is delivery address different from Rem 17 U Yes If YES, enter delivery address below: ❑ No 3. Service Type I v Cm ='ff Certified Mail Mefi = ❑ Registered m Recel ❑ Insured Mall 4. Restricted Delivery? (Extra ❑ yea 2. 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