HomeMy WebLinkAbout19870237 Ver 1_COMPLETE FILE_19870407?Y dµSV1Tf'v?
State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor R. Paul Wilms
S. Thomas Rhodes, Secretary April 7, 1987 Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Thomas Karam, Partner
Olde Towne Subdivision Partnership
P. O. Box 2215
3151 Clarendon Blvd.
New Bern, North Carolina 28560
Subject: Application for Water
Quality Certification
Olde Towne Subdivision
Craven County
Dear Mr. Karam:
Your application dated December 10, 1986 for a Water
Quality Certification under Section 401 of the Federal Clean
Water Act as Amended has been reviewed by our staff. Your
proposal is to expand the existing residential subdivision
by excavation and fill to create a new canal 900 feet long
by 200 feet wide. The issuance of a Water Quality
Certification is a finding by this Division that the
proposed activity will not cause a violation of water
quality standards or discharge guidelines.
There is a particular aspect of the project which
causes us considerable concern as to the effect on water
quality standards in these waters. The design of the canal
results in a long dead-end canal with little opportunity for
mixing and dilution with adjacent waters. The stagnant
water which results in such a system causes violations of
water quality standards for dissolved oxygen and other
parameters. This is shown by the data which you furnished
(conducted by East Engineering and Associates) that revealed
approximately 156 dissolved oxygen violations observed in
the existing canal system over a four-year period.
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015
An Equal Opportunity Affirmative Action Employer
.i
Mr. Thomas Karam, Partner
Page 2
April 7, 1987
Because of the reasons cited above, I have concluded
that the proposed project should not be certified. Your
application for a Water Quality Certification is hereby
denied. Should you redesign the project in such a manner as
to satisfy our concerns for water quality protection, I will
reconsider this denial. It is suggested that you work
closely with our Washington Regional Office in any redesign
of the proposed project and further details which would be
needed.
You do have the right to a review by the Environmental
Management Commission, if the denial is unacceptable to you.
Your request for Commission review must be in writing,
identifying the specific items to be contended, within 10
days of your receipt of this denial. If you have any
questions concerning this matter, please contact Mr. Bill
Mills at 919/733-5083.
Sincerely,
R. Paul Wilms
cc: George Everett
Dennis Ramsey
Washington Regional Office
David Owens
NKDATA DF/CAMA/401 REV DATE 03/20/8
ACTION > IN FILE:: > D C AMA401 PSWD > FORMAT > NliS. FCAMA NEXT RC D > 00174
f:f:::(:ORD HAS BEEN CHANGED, RECORD NO 00173 FRD DATA
PRO JO : l' 0 1 3 i'FtOJ : C-1LDE:: TOWNE:: SUBDIVISION COUNTY: CRAVEN REGION: 07
ASSIGNED TO: W,. M ti5m JOINT NOTICE: Y
TYPE CERTIFICATION RECOMMENDATION DATE,.*,.'.' YYMMDD
404 PN: 401 RED: Y ISSUE: RECEIVED: 87010l.*)
CAN A ONLY: GC.:: DENY: INITIAL REPORT: 870122
DF/C.:r=rMA : Y GCHOLD: FINAL REPORT: 870320
RECEIVING STREAM: UT-TRENT RIVER CLANS: .SB.... 'W BASIN: NE U
COMMENTS:
EXISTING RESIDENTIAL DE V . LOCATED JUST OFF SR 1200 W OF NEW BERN
EXIS'T'ING SYSTEM OF I...('lKES AND CANAL.. EXTENDING i'tE'F'Rl:iX . 4000 LF OFF TRENT RIVER
APPLICANT PROPOSES TO ESTABLISH 6 ADDITIONAL LOTS AND EXCAVATE A NEW ACCESS
CANAL. AF'I" ROX,. 900 X 200 X 6 FT DEEP. TO BE CONNECTED TO THE EXISTING SYSTEM
PROJECT WILL INVOLVE:: FILL IN 3.5 ACRES OF 404 WETLANDS
4-YEAR STUDY CONDUCTED BY EAST ENGINEERING AND ASSOC. SHOWS APPROX.. 156
D.G. VIOLATIONS IN THE EXISTING CANAL SYSTEM; THIS DATA SUPPORTS DEN
POSITION THAT LONG DEAD-..END YSTI_:ll:'i 1::F:i.:ATE STAGNATE WATER CONDITIONS AND
CAUSES VIOLATIONS OF WATER QUALITY STANDARDS; RECOMMEND DENIAL OF 401
COPIES: WARD-CENTRAL-MILLS-MERCER
E_
MAR 213 t3 98
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JAN' 7 '987
4TnMD-NEB/LP
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IV F, CE, IWD
?345.,COURTLAND STREET
A'T'LANTA, GEORGIA 30355
Colonel Paul W. Woodbury
District Engineer
U.S. Array Corps of Engineers, Wilmington
P.O. Box 1890
Wilmington, North Carolina 28402-1890
ATTENTION: Dave Baker
SUBJECT: Karam and Pridgen (old Towne Subdivision)
(Public Notice 86-N-025-0444)
Dear Colonel Woodbury:
3h
, 6 1987
`;g 2
1.}?w< ?,*r?f?l9??r taP Mgt,
N, C.
This is in response to the subject public notice concerning a proposal to
expand an existing residential subdivision adjacent to a manmade canal off
the Trent River, Craven County, North Carolina.
In order to provide fill for five residential lots the applicant proposes
to excavate an access canal to the existing waterway. The proposed canal
would be approximately 900 ft. long by 200 ft. wide by -6.5 ft. deep. This
excavation will remove approximately 3.7 acres of wooded wetlands.
Based on a recent site visit by a member of my staff, it appears that
approximately 3.5 acres of wooded wetlands will also be destroyed by filling
portions of lots 57, 58 and 59. Floristic wetland species noted at the
proposed project site include red maple (Acer rubrum), cypress (Taxodium
distichun), red bay (Persea borbonia), sawgrass (Cladiun jamaieense) and
cattail (Typha sp.)
Wooded wetlands perform valuable functions within the aquatic system
including: fish and wildlife habitat values, detrital export, water quality
services, and vital stormaater retention capabilities.
It is clear that the proposed project is not water dependent and will
eliminate a valuable aquatic resource. In addition, the proposed canal
will have the potential for creating cronic water quality problems.
Consequently, it is our opinion that the project is contrary to the Section
404 Guidelines and should be denied.
Sincerely yours,
4
.T. Heinen, Chief
Marine and Estuarine Branch
Water Management Division
cc: See enclosed
}
cc: Mike Gantt, Field Supervisor
U.S. Fish and Wildlife Service
Raliegh, NC
R. Paul Wilms, Director
NC Division of Environmental Management
Preston Pate, Chief
Field Supervisor
NC office of Coastal Management
W. Donald Baker
NC Wildlife Resources Commission
John Parker, Permits Coordinator
NC office of Coastal Management
Randy Cheek, Area Supervisor
National Marine Fisheries Service
Beaufort, NC
J.T. Brawner, Regional Director
National Marine Fisheries Service
St. Petersburg, FL
• a
.
IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
February 13, 1987
SUBJECT: File No. SAWC086-N-025-0444
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Parker:
r
Reference the application of Mr. T. A. Karam and Mr. L. E.
Pridgen for a Department of the Army permit to excavate a boat
basin connecting an existing borrow lake to Olde Town Lake and the
Trent River off Harbor Island Road, New Bern, Craven County, North
Carolina.
The Federal agencies have completed review of the proposal as
presented by the application and your field investigation report.
By letters of January 29, February 3, and February 10, 1987, the
U.S. Environmental Protection Agency, the U.S. Fish and Wildlife
Service and the National Marine Fisheries Service, respectively,
recommended that authorization not be provided. The agencies
objected to the projected loss of wooded wetlands and the adverse
effects that the loss would have on fish and wildlife habitat and
water quality. We support these recommendations for denial of the
permit.
Questions or comments may be addressed to Mr. David Baker,
telephone (919) 343-4642.
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
Enclosures
-2-
Copies Furnished without Enclosures:
Mr. William Mills
ater Quality Section
Division of Environmental
Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039
Mr. Randy Cheek
National Marine Fisheries
Service, NOAA
Pivers Island
Beaufort, North Carolina 28516
Mr. William L. Kruczynski, Chief
Wetlands Section
Region IV
Marine and Estuarine Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. James Mercer
Morehead City Regional Office
North Carolina Division
of Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
--??•??.-??...• ?v.. ... .. .+. •+. .v va? ?1..YLLV(: l"iL LV1
PEFt IT AND WATER QUALITY CERTIFICATION
The Department of Natural Resources and Community Development hereby
gives blic notice ashrequired by NCGS 113A-119.(b) and 143-215 3(a)(1)
(c) resat Thomas A. Karat and T-onnie nridrren of New 'Bern
North Carolina filed an application on. December 17, 1986
for a permit from the Division of Coastal Management to.develop in an
Area of Environmental Concern and for certification from the Division
of Environmental Management that a discharge of fill material in project
wetlands will not violate applicable water quality standards. '
According to said application the applicants propose to expand
•Olde Townie Subdivision by excavation 'and fill-to create a new canal.
A copy of the entire application and additional information may be
examined (or copies furnished upon request and payment of reproduction
costs) during normal business hours of the Division.of Coastal Manage-
ment Jim Mercer, Marine Fisheries Building, Morehead City
and/or the Division of Environmental Management Bill Moore, 17R.CD Regional
Office, 1502 North Market St., Washington, NC
The Division of Environmental management proposes to take final action
on this water quality certification on or before March 3, 1987
The issuance of the CAMA Major Development permit and the Section 401
Certification may deviate from this projected date depending upon the na-
ture of the comments submitted and subsequent hearings that may result.
All persons desiring to make comments should do so in writing to Mr.
David Owens, Director, Division of Coastal Management, PO.-Box 27687,
Raleigh, N. C. 27611 prior to February 23, 1987 fox consideration
in the CAMA permit decision, and.to Mr. Bill Mills, Division of Envron-
mental Management, PO Box 27687, Raleigh., N. C. 27611 prior to
February 23, 1987 for consideration in the water quality certifi-
cation decision. Later comments on the CAMA application will be accepted
and considered up to the time of permit decision: Project modifications
may occur based on review and comment by the public and state and federal
agencies. Notice of the permit decision in this.matter will be provided
upon Written request.
PubVish.on February 6, 1987
? r
.
lames G. Martin, Governor David W. Owens
S. Thomas Rhodes, Secretary F' ld Director
State of North Carolina
Department of Natural Resources and Community Development
Division of Coastal Management
512 North Salisbury Street • Raleigh, North Carolina 27611
1e Services Section
P.O. Box 769
Morehead City, NC 28557
919 726-7021
February 3, 1987
Sun Journal
P.O. Box 1149
New Bern, NC 28560
Dear Sir:
Please publish the attached notice in the February 6, 1987
issue of the Sun'Journal. Send us a bill in duplicate and
Affidavit of publication as Loon as possible.
Cordially yours,
Jim Mercer
Field Consultant
/kc
re: Karam & Pridgen
1
s:
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733.2293
An Equal Opportunity Affirmative Action Employer
it
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NKDATA DO CAMrs/40•i REV DATE 0 1/22/S'7
ACTION X ADD ,E-l.LEF > DF=CAMA40i PSWD > i°(?g.MAT• > i••!RDFCAMA NEXT RC'D > Rig. i r4
FCC:TION''WA:I?D. ' ENTE&•T•HE DATA TO BE STORED F RD DATA
PROW 00 73 1 ROJ: CU...IDE: TOWNE: SUBDIVISION: COUNTY CRAVEN RE::CrT(JN: ti,'
F l.txNf: D' TO: WJM W? Jr.i:L:??'T NOTICE:
•TYPIE CERTIFICATION RECOMME NDATION Zi(tTE YYMi°DD
404 I°'N : 40 1 RE::Q : Y ' l BUE" : RECi I VEC? : 8701 16
CCAMA ONLY: GC: DENY: INITIAL REPORT : 870122
DF/CAMA: Y GC: HOLD: y FINAL REPORT:
RECEIVING STREAM: UT-TRENT RIVER CLASS : SB ; BASIN:
COMMENTS:
EXISTING RESIDENTIAL DEV. LOCATED JUST OFF SR 1200 SW OF NEW BERN
EXISTING SYSTEM OF LAKES AND CANAL S EXTENDING APPROX. 4000 LF OFF TRENT RIVER
APPLICANT PROPOSES TO ESTABLISH 6 ADDITIONAL LOTS AND EXCAVATE A NEW r= CC ;E S,
C:ANAL.. APPROX. 00 X 200 X 6 FT DEEF'.: TO BE CONNECT ED TO THE EXISTING SYSTEM
PROJECT W:i:I...L :I:NVCIE...tiE: F1:I._L IN 3.5 At::RI:::S OF 404 WETLAND S
ADDITIONAL COMMENTS PENDING SITE V ISIT
COPIES: WARO-CENTRAL-MILLS-MERCER
ECFP,t%
2 3 287
F71.LD 111VESTICATION REPnwr
1. ^ Applicant's name Olde Towne Subd. Thomas A. Y.ararl and Lonnie E. Pridgen, Jr.
2. Location of project site SR 1200; Bats Hill Rd, ; Olde Towne Subdiv
Man-'wade canal off the Trent River,.Craven Countyr _
3. Investigation type: Dredgc & Fill X _ CAl!A X
4. investigative procedure: (A) Dates of site visit 7-29-86 10-23-86 1-7-87
(B) Was applicant present yes r no no
5. Processing procedure: Application received Dec. 17, 1986 Office Morehead - City
6. Site description: (A) Local Land Use Plan- New Bern October 1°81 _
Land classification from LUP Trans itionlConservation Development constraints identificci in LUP See CAMA Review Section
35 05 05 N
77 03 46 W Air photo 1984 Strip #48, Frams (1480 G-8
(B) AEC(s) involved: Ocean Hazard
Coastal wetlands x
Estuarine waters x
(C)
(D)
(E)
Water dependent: Yes
No x
(F)
(G)
Estuarine shoreline X
Public trust waters _ x
Other Wooded Swamo Sec. .404
Other SC - surface waters
Intended use: Public Priva e x Cominercial
Type of waste water treatment: • Existing City of New Bern - water and sewer
Planned_ R.es i dentialhook-uns -----
Tvpe of structures: Existing residential subdivision - roads and canal
Planned expand number of lots with new canal 900 x 200 x 6.5 ft.
Estimated annual rate of erosion 0 Source
7. Habitat description:
(A) Vegetated wetlands:
Wooded Swamo
AREA
Dredged Fi.1.1i-d Other
Section 404 wetlands
3.7 acres (3.5 acres an estimate
-_gum, cypress, maple
cattail,,saw_g ass
(B) Non-vegetated wetlands:
Existing canal bot:omland 0.34 acre
(C) Other:
Highground:.landscape
road and lots
1 andsc-ape?5-19--arr_eSPst.'
(D) ! Total area disturbed:_AMi?(?x mat-,ly 13_ 9.tsa7_ acre? O?di?turhr3ric __
8. Project summary The applicant proposes to expand the existing residential
subdivision by excavation and fill to create a 'new canal 900 x 200 x 6.5 ft.
Thel proj t invg}-ties.-the--dis?)lac.emerit_o£_anp=xi-matel -7--acres cLf_woode:d-----
swamp vegetation.
i .'
9. Narrative Description
Thomas A. Karam and Lonnie E. Pridgen,.Jr. are the owners and
developers of Olde Towne Subdivision, the site of their current
permit request for expansion of the residential subdivision.
The locus of their proposal is a 4 acre section of wooded
swamp located on the east side of the Bats Hill Road which
connects SR 1200 to this southwest side of New Bern. Several
years ago the interior of this low profile property was open
to the Trent River with a set of lakes and canals that extend
some 40001.off of the River.
During the course of this review, two resource items were used
to property locate and orient the project to the physical
setting. The first is a 1983 photo revised version of the
USGS 7h minute quadrangle sheet known as New Bern. For the
first time this photo revision shows the foot print location
of the man-made canals and lakes within Olde Towne Subdivision.
Secondly, the vertical color photography as contracted by
the Army Corps of Engineers dated December 1984 focuses on
the entire 13 acre project site. The coordinates for each
of these resource documents are listed on the cover sheet of
this report.
The newest waterfront section of Olde Towne Subdivision is
known as Harbor Island and contains 12 lots (#48-59) which
front on a cul-de-sac road. The work plat drawing sheet,
I of 3, shows this arrangement very well. At this time,
the applicant proposes 6 additional lots along Harbor Island
Road. This particular area which contains approximately 5.5
acres may be the only true high ground property within the
scope of the current proposal. Elevations in this area may
vary between 3-51. Although maturing pine trees cover the'
area, some landscape fill will be reauired along lots 77-82.
In order to provide these lots with water access and to
generate the needed fill material to raise the surrounding
land elevations, the applicant proposes to.excavate an access
canal to the existing waterway. The new 3.7 acre canal has
an amoebic shape but averages 900' long by 200' wide. The
overall water depth in the new canal is projected to be
-6.5' relative to the normal water level. This depth is
consistent with the prevailing conditions in the existing
channel that extends to the Trent River. Problems of
excavation in this area have proven difficult due to the
thick, dense underground laver of marl that represents the
remains of an ancient ocean floor that has turned to rock.
Earlier excavation near the Olde Towne Condominiums closer
to the Trent River required that dynamite be used in order
to blast open the waterway throuqh the layer of marl which
runs near to the surface of the ground.
r
a
During the-course of the site visit which was conducted on
January 7, 1987, the EPA representative from Atlanta, Georgia
confirmed that the 3.7 acre area to be-excavated is classified
as Section 404 wetlands. The area is dominated by the
following vegetation: maple, gum, cypress, bay, saw grass
and cattails. This same type of vegetation occurs along
those portions of lots 57, 58 and 59 where the applicant
proposes to place spoil material. It was also determined
that wetlands dominate that 3.5 acres of land that immediately
adjoins the proposed canal along the south side of the
would-be shoreline. The indication is, from reviewing the
applicant's typical cross-sectional drawings, that this area
will be riprapped with rock and filled.
10. Anticipated-Impacts
It has been calculated that the proposed project will directly
displace approximately 7 acres of wooded swamp vegetation.
These areas currently provide wildlife habitat and act as
buffer zones between the high ground development and the
open waters of the existing canal. The design of the proposed
900' long canal does not enhance the flushing capabilities
of the existing system. The projected water depth of -6.5'
NWL should be sloped to a reduced depth of perhaps -4' to
help prevent the deadend canal from creating stagnate waters
and possible fish kills during the hot summer months.
CAMA Review
The Land Use Plan for the City of New Bern,dated October 1981
was consulted in the review of this project. It is noted that
the land classification map indicates the high ground property
as'"transition" while the wooded swamp areas are shown to be
"conservation". In addition, the soils map shows the project
to be prone to flooding and poorly suited for building
pruposes (see p. 21). These factors are stated to be develop-
ment constraints on page 29. The wooded swamp to be
excavated is classified by the Land Use Plan on page 22 as
Fragile Area and Conservation Area on page 47. It would
appear that the displacement of some 7 acres of wooded habitat
is inconsistent with the goals and objectives of the New Bern
Land Use Plan.
Submitted by: James L. Mercer Date: January 12, 1987
i
i
i
V. tail We of ?ra1+a Ana ( ti
A. 11. Private
2 CortYnaciel ,
3. Masts Dr soomem or IMUttTlii
4. Oder
3(1 n(m F --..
8 1. Lot sl:•(s). 9 f (,Pt
?---
Z. Eievadon of lotk) above mran hi'4h water
_ Sand I0am
3, WI type and tsxlure
-sidential _
f? -
4. Type of building facilities or Wuctufts ..?---
• X ...._ Planned
S• Sawate disposal and/o( waste water treatment A. Existtrt
e. Ocscribe Served h Cit Of New Bern
TRa.kit. ,rIf-) i. COMMUNITY RURAL
6, fine/ Classlrieaunn (circle Pane) OEVELOP`ATH1:R flee CAMA Local Land Usa /'tern Synnpsls)
CONSERvAT ION
VI, rMulning to Fill and Water Quality. No ?•
A. Goes the proposed orntect ;ryocnte( adore t wat rs as a result of Dru ect activity or planned uW of the the Oil
Q. 1, Will any y rtino runulf or ditcher ge
area following protect completion' Yet-No x
2. Tyne of d6char14
). Location of dischar;t None
V11. rm.gnt rate of shoreline e(o?ion Iif known): tt1?>y of SUU petnsJp (rr
Vlll LL*4 permit numbers and Issue dates of previous DeaN meat of Army Cwtm of El>w
. trans in pro*t area, if applicable: 90 days
t3L Ltr4lh of tLrr» rea,uked to complete proiect:
)L in wittoo to the completed apotiridon form, ttre fadlowlnq lame pNast be provWad:
A. Att.sch a copy of the deed (with St+te application only) or other instrument under which applicant
claims title to the affected privimfly. OR If aopiieant Is not c:siming to be the owner o1 raid prol,erty,
then forwsfd a cony of the dttd a other Instrument under which the owner claim. title plus written
pamistion frorn the owner 1i, carry out the proiect on his land.
8. Attach an accurate work plat drawn lo scale on 8'h X 11" white pii!Yr (test instruction hookiet for
details). Note: Original drawings preferred • only h,gh etuality topics acceoted.
C A copy of the aopliutinn and plat must be served upon adiacsnt r,pam-e. larutnll nett bylireitlered at
certified mail ter by outh.-iti. -, IG.S. 113.729 (d)lEnter date carved
0. Litt names and cninolete addrttcet of the rioartan landowners with Droomly adloining applicant's.
Such owners have 30 days in which to tubmil comments its aetnctes listed (below.
Inffnr Tlltlmas-?_4?fl Tram f?o-d New Bern, N.C. 28560
fJ.C.
St. 1'?it1?SSr.hlir' _ t 5 , t tr Clltl) Rd. rJew Hnrn, N.?:. _Tr on Ro flit C(I. Of New f3ern Inc-.-I'.C). i.iox 2215, Now I let-ii,
X1. Csnlfication•rcnuiremenl: 1 certify that to 11te bet( of my knnwledtii• the prooose becconducecdiin a
with the Slate of North Carnl,nah aoorovcd coastal manatement oro`ram and will
"tanner consistent with such program.
/ XIi. Any permit ivied pitru'jnt In 111it annlicalinn will allow only thot devrloomeni detcrih-A in this appli
C`lion and plat. Avolit.anit shni,ld therefort dt Kritie in the annlic.ttion and Plat all anticipated dCvr+
l :n cr.f x?niuei, inclu,: ?( en':Nruetion, excavations rillint, and land during.
Ibt.T[ Revised Novnmher 18, 1986
AooGcant's Signature
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PROPOSED CHANNELIZATION
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3.7 ACRES
aji, n LONNIE .E.-PRIOGEN, JR. ;
!. / THOMAS A. KARAM
A OI.DE TOWNE SItB(dV" I
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