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HomeMy WebLinkAbout20011207 Ver 1_Complete File_20010801Michael F. Easley Governor William G. Ross, Jr., Secretary Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality September 25, 2001 DWQ Project # 01-1207 Craven County Page 1 of 2 Mr. and Mrs. Bob Bruggeworth 907 Diamond Court New Bern, NC 28560 Re: Mr. and Mrs. Bob Bruggeworth Property, 907 Diamond Court, Fairfield Harbour Subdivision, New Bern, Craven County, NC Spring Creek [03-04-13, 27-150-26-1, SA HQW NSW] APPROVAL of Authorization Certificate per the Neuse River Buffer Rules (15A NCAC 2B.0233) and CAMA Dear Mr. and Mrs. Bruggeworth, You have our approval to construct the proposed 16 ft. x 8 ft. dock and four tie poles as you described within your CAMA application dated June 15, 2001 and received by the Division of Water Quality (DWQ) on August 1, 2001. This letter shall act as your approved Authorization Certificate for a water dependent structure use as identified within the Neuse River Buffer Rules 15A NCAC 2B .0233(6). In addition, you should get any other required federal, state or local permits before you go ahead with your project including (but not limited to) CAMA Permit. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this approval letter and is thereby responsible for complying with all conditions. If you do not accept any of the conditions of this approval, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Mr. John Dorney at 919-733-9646 or Ms. Deborah Sawyer at 252-946-6481. Sincerely, Thorpe, Ph.D. Acting Director Cc: Scott Jones, IJCM, Morehead City District, 151-B Hwy 24, Hestron Plaza II, Morehead City, NC 28557 Deborah Sawyer, DWQ Washington Regional Office File Copy Central Files DWQ 011207 North Carolina Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) 919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetiands/ North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor William G. Ross Jr., Secretary Donna D. Moffitt, Director TO: Mr. John R. Dorney Environmental Biological Supervisor Division of Water Quality FROM:. Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Bob Bruggeworth 01 1207 Project Location: Craven County, adjacent to the Spring Creek Canal System at 907 Diamond Court in the Fairfield Harbor Subdivision off Broad Creek Road (SR1600) near Bridgeton. Proposed Project: Proposes to install a secondary 16 ft. X 8 ft. dock and four tie poles. Proposed structure would create a second slip for the applicant. Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 21, 2001. If you have any questions regarding the proposed project, please contact Scott Jones at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. rx Ai REPLY: his agency has no objection to the project as proposed. This agency has no comment on the proposed project'. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED " E yh t is TT_ P1 - Lx Morehea City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: http://dcm2.enr.state.ne.us AN EQUAL OPPORTUNITY \ AFFIRMATIVE ACTION EMPLOYER`- 50%R CYCLED / 10°,16 POST CONSUMER PAPER eta NCDENR Michael F. Easley Governor William G. Ross, Jr., Secretary Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality September 25, 2001 DWQ Project # 01-1207 Craven County Page 1 of 2 Mr. and Mrs. Bob Bruggeworth 907 Diamond Court New Bern, NC 28560 Re: Mr. and Mrs. Bob Bruggeworth Property, 907 Diamond Court, Fairfield Harbour Subdivision, New Bern, Craven County, NC Spring Creek [03-04-13, 27-150-26-1, SA HQW NSW] APPROVAL of Authorization Certificate per the Neuse River Buffer Rules (15A NCAC 2B.0233) and CAMA Dear Mr. and Mrs. Bruggeworth, You have our approval to construct the proposed 16 ft. x 8 ft. dock and four tie poles as you described within your CAMA application dated June 15, 2001 and received by the Division of Water Quality (DWQ) on August 1, 2001. This letter shall act as your approved Authorization Certificate for a water dependent structure use as identified within the Neuse River Buffer Rules 15A NCAC 2B .0233(6). In addition, you should get any other required federal, state or local permits before you go ahead with your project including (but not limited to) CAMA Permit. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this approval letter and is thereby responsible for complying with all conditions. If you do not accept any of the conditions of this approval, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Mr. John Dorney at 919-733-9646 or Ms. Deborah Sawyer at 252-946-6481. Sincerely, 11-?-"7 Thorpe, Ph.D. Acting Director - Cc: Scott Jones, DCM, Morehead City District, 151-B Hwy 24, Hestron Plaza II, Morehead City, NC 28557 Deborah Sawyer, DWQ Washington Regional Office File Copy Central Files DWQ 011207 North Carolina Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) 919-733-1786 (phone), 919-733-6893 (fax), hftp://h2o.enr.state.nc.us/ncwetlands/ Development Type FEE DCM % 143001601435100093 1625 6253 DWQ % 243001602 435100095 2341) 1. Private, noncommercial development that does not involve $250 100%($250) 0%($0) the filling or excavation of any pen water areas II. Public or commercial development that does not involve the filling or $400 100%($400) 0%($0) excavation of any wetlands or open water areas: III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine. if A, B, C, or D below applies: III(A). For Private, non-commercial development, If General water Quality $250 100%($250) 0%($0) Certification No.3301 (see attached) can be applied: III(B): For public or commercial development, if General water Quality $400 100%($400) 0%($0) Certification No.3301 (see attached) can be applied: III(C). If General Water Quality Certification No. 3301 (see attached) could be applied, but DCM staff determined that additional review and $400 60%(S240) 40%($160) written DWQ concurrence is needed because of concerns related to writer quality or aquatic life: Ill(D). If General Water Quality ication No. 3301 (see attached) $400 60%($240) 40%($160) ot be appried: or development that involves [ ling and/or excavation of more $475 60%($285) 40%($190) one acre of wetlands and/or than water areas: DIVISION OF COASTAL MANAGEMENT 0 1 1 2 0 7 FIELD INVESTIGATION REPORT L APPLICANT'S NAME: Bob Bruggeworth c/o David Medford, Medford Marine Construction 2. LOCATION OF PROJECT SITE: Craven County, adjacent to the Spring Creek Canal System at 907 Diamond Court in the Fairfield harbor Subdivision off Broad Creek Road (NCSR 1600) near Bridgeton. Photo Index - 2000: 213-944 K23 1995: 74-828 L18-1,19 State Plane Coordinates - X: 2,608,500 Y: 488,200 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Date of Site Visit - July 27, 2001 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received - July 12, 2001 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Craven County Land Classification From LUP - Developed (B) AEC(s) Involved: PT, EW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Community collection system and treatment plant Planned - same (F) Type of Structures: Existing - 2-story wood frame house, driveway, bulkhead, 6 ft. x 8 ft. pier to a 32 fL x 8 ft. platform and three tie poles Planned - install 8 ft. x 16 ft. secondary dock and four tie poles (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DRF.T)GRD FIT I FT) nTNFR (A Vegetated Wetlands (B) Non-Vegetated Wetlands PTA, EW 740 ft usurped (C Other CS (D) Total Area Disturbed: 740 ft.` (E) Primary Nursery Area: No (F) Water Classification: SB SW NSW Open: No FIELD INVESTIGATION REPORT: Bob Bruggeworth PAGE #2 8. PROJECT SUMMARY: The applicant proposes to install a secondary 16 ft. x 8 ft. dock and 4 tie poles. Proposed structure would create a second slip for the applicant. 9. NARRATIVE DESCRIPTION: Project Setting The applicant owns a 0.28 acre landscaped, residential lot adjacent to the Spring Creek Canal System at 907 Diamond Court in the Fairfield Harbor subdivision off Broad Creek Road (NCSR 1600) near Bridgeton, Craven County. The lot ranges from 4.5 ft. to 7.2 ft. above mean sea level has approximately 148 ft. of bulkheaded shoreline. The canal system at its narrowest point is approximately 220 ft. wide at the project site and is classified SB SW NSW by the NC Division of Water Quality. The site is approximately 2,400 ft.2 upstream of the Northwest Creek and Spring Creek confluence. Fairfield Harbor is a residential golfing and boating community with a centralized wastewater treatment plant and water service. Individual residential lots dominate the entire canal system shoreline. Primary uses of Northwest and Spring Creeks include recreational boating and recreational fishing. Currently, the site contains a two-story frame house, driveway, landscaped yard, vertical wall bulkhead, 6 ft. x 8 ft. pier to an 8 ft. x 32 ft. platform and three tie poles (delineating a single slip waterward of the platform). Existing water depths drop quickly from the bulkhead (-1 ft. NWL) to the channel in the canal (-8 ft. NWL. The bottom is primarily packed sand and there is no significant population of submerged aquatic vegetation or coastal marsh species present. FIELD INVESTIGATION REPORT: Bob Bruggeworth PAGE #3 Project Description The applicant proposes to install a secondary dock and boat slip. The new dock will measure 16 ft. x 8 ft. and be located on the southern or downstream side of the property. Four tie poles will be installed waterward of the structure delineating a 14 ft. x 32 ft. slip. Approximately 740 ft.2 of open water will be usurped by the placement of the structure. Piling installation will be accomplished via barge and pile driver. The remainder of construction will be land based and include access for workers and the delivery/removal of construction materials. There will be no other upland development during the proposed construction. Anticipated Impacts The proposed development would result in the usurpation of 740 ft.2 of estuarine and public trust waters. Some temporary, construction related increases in turbidity could be expected during the installation of pilings. The addition of a secondary dock and boat slip is consistent with other waterfront property access in this community. Scott Jones DCM-Morehead City Field Office July 31, 2001 Form DCM-M7-I APPLICATI ('To be campWed by all applicants) L APPLICANT a_ Landowner: Name Mr. & Mrs. Bob Brugneworth? Address 907 Diamond Ct. City New Bern State N.C.? Z'1p 28560 Day Phone 252-636-2466 Fax 252-636-1750 b. Authorized Agent: Medford Marine Construction Name C/O David Medford Address P.O. Box 3556 City New Bern State N.C. Zip 28564-3556 Day phone 252-635-5242 Fax 252-635-4970 c. Project name (if any) None Sam- Perk will be isured in nam of lm+do»Rerljl, Mwor project nmr e- 2. LOCATION OF PROPOSED PROJECT a. County Craven county COPY b. City, town, New Bern e. Sued address or secondary road number 907 Diamond Ct. d. Is proposed work within city limns or plannin; jurisdiction? -Yes X No e. Name of body of crater nearest project (e.g. rive creek, soand, bay) Manmade canal system tributary to Spring Creek. 3. DESCPJPnON AND PLANNED USE OF PROPOSED PROJECT a. List all development aces you propose (e.g. building a home, motel, marina, bulkhead, pier, and ==ration andlor filling activities. Construct Secondary dock. b. Is the proposed activity maintenance of an existing project, caw work, or both? New work. C. Will the project be foT public, private or commercial we? Private d. Give a brief description of purpose, use, methods of construction and daily operations of proposed pmje&- If more space it needed, please attach additional pages_ Purpose: Fishing and Second-. dary boat slip. % Proposed dock to be constructed of marine -grade lumber and galvanized hardware. Will be constructed via work barge.and high ground access. Revised 03145 Form DCM MP-1 JUL 12 2001 m. Describe i Fairfield ities. 4. LAND AND WATER CHARACTERISTICS a. Size of entire tray 12,258 Sq. Ft. b. Sim of individual lot(s) 12,258 Sq. Ft. c. Approximate rdr.-ddon of tract above MHW or NWL Varying elevation from 4.5' to 7.2' d. Soil type(s) and texture(s) of tract Sandy loam and sandy clay loam. n. Describe location and type of discharges to waters of the state. (For example, since runoff, sanitary wastewater, industrial/commercial effluent, awash down" and residential discharges.) Surface runoff from landscaped yard. o. Describe existing drinkingwater supply source. Carolina Water Service Systems lnc.(CWS) e. Vegetation on tract Managed residential yard. f. Man-made features now an tract House, Driveway, 148 L.F. Bulkhead, 8'x6'' Pier with 8716'and S. ADDMONAL INFORMATION 6'x16' Platform and (3) tie poles. g. What is the CAMA Land Use Plan land addition to the completed application form, the classification of the site. ? Bic ion tsd Ws plmi.J foIIowing items must be submitted: Conservation Transitional X 0 X _ Developed Community Rural Other h. How is the tract zoned by local government? No. L Is the proposed project consistent with the applicable zoning? X Yes _ No X (Anaa.zormY a-FGm w wrviawl g' ?kl j- Has a professional archaeological assessment been done for the tract? Yes X No If yes, by whom? A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which die owner claims title, plus wrima pethaissioa from the owner to carry out the project An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale in black ink on an 8 1Ir by 11' white -paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) k. Is the project located in a National Registered Historic District . or does it involve a National Register listed or eligible property? Yes X No I. Are there wetlands on the site? Yes X No Coastal (marsh) No Other None If yes, has a delineation been conducted? Please note that original drawings are preferred and only high quality copies will be accepted. Bice-line prints or other larger plats are acczptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site to location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the Form DCM-MP-1 C ?j JUL 1.2 2001 site. Include highway or secondary road (SR) numbers, landmarks, and the like. b. N/A • A Storrawater Certification, if one is necessary. X • A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified marl. Such landowners must be advised that they have 30 days in which tti submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifies that such notice has been provided. Niue Mrs. Lois Crandall Address 905 Diamond Ct. New Bern, N.C. 28560 Phone 252-638-6774 Name Mr. & Mrs. David Gieschen Address 906 Diamond Ct. New Bern, N.C. 28560 phone 252-637-1232 Name Address Phone Xe A fist of previous state or federal permits issued for work on the project tract. Include permit numbers, permitter, and issuing dates. Bulkhead- G.P.#10857C, Bob Bruggeworth, Issued in August 1992 X• A cberk for $2$0 made payable to the Department of Environment, Health, and Nastdral Resources (PERNA) to cover the costs of processing the application. N/A• A signed AEC hazard notice for projects in oceanfront and inlet areas_ NIAo A statement of compliance with the N.C. Environmental Policy Act (N.C.GS. 113A - 1 to 10) If the pmject involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Att. TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development describes) in the application. The project will be subject to condidoz`= and restrictions contained in the permit. I certify that to the best of my knowledge, the proposer- activity complies with the State of North Carol'ina's approved Coastal Maeagemetit Program and will be conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in tact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the projem I further certify that the iriftmation provided in this application-is truthful to the best of my knowledge. This is the 15 day of June , XX 2001 Prim Name David Medford Signature Imdmm,r.w .)geese lp" Please indicate attachments pertaining to your proposed proJcr-L NIA DCM W-2 Excavation and FdII Information N/A DCM WP -3 Upland Development X DCM MP-4 Structures Information 'M DCM W T-5 Bridges sad Culverts N/A DCM MP-6 Marisa Development NOTE; Pkare sign and date eadr artachment in the space provided at Me bouom of each farm. 400 copies of this public document were printed at a total cost of SS2.48 or S .13 per copy. Revised 03,195 Form DCM-MP-3 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major e. Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application which relate to this proposed project. a. Dock(s) and/or Pier(s) (1) _ Commercial _Community X Private (2) Number N/A (3) Length NIA (4) Width NIA (3) Finger Piers Yes X No C) Number NIA CH) Length N/A f: (ii) Width NIA (6) Platform(s) X Yes No (i) Number One (ii) Length 16' (iii) Width 8' (7) Number of slips proposed One g, (8) Proximity of structure to adjacent riparian property lines Approx. 22' to closest prop. line (9) Width of water body 370 yards. (10) Water depth at waterward end of pier at MLW or NWL 3' b. Boathouse (ine7uding covered lifts) (1) NIA Commercial N/A Private (2) Length N/A (3) Width NIA c. Groin (e.g. wood, sheetpile, etc.) (1) Number N/A (2) Length(s) NIA d. Breakwater (e.g. wood, sheetpile, etc.) (1) Length NIA (2) Average distance from MHW, NWL or wetlands NIA (3) Maximum distance beyond MHW, NWL or wetlands NIA COP, JUL 12 2001 Mooring buoys (1) N/ACommercial IXommunity N/APrivate (2) Number NIA (3) Description of buoy NIA r, inscription, size, anchor, etc.) (4) Width of water body N/A (5) Distance buoy(s) to be placed beyond shoreline N/A Mooring structure (boadift, mooring pilings, etc.) (1) NACommercial Nt?:ommunity N/APiivate (2) Number NIA (3) Length N/A (4) Width N/A Other (Give complete dncriprivn) Install (4) 25ft. Tie Piling as shown on the attached Drawing Detail #(2) to form a 14ft. wide x 32ft. long secondary boat slip. David Medford st App c V7 06-15- 1 Bare ReARd 03195 Authorized Agent Letter COPY Bob and Mary Bruggeworth 907'Diamond Ct. =;0 ?V COASTNDEAD ?0f?d ??` as n? ez ?sz Pal we < ? 6 R o C?.sS' Q X° v/ ?Me MEDFORD MARINE CONSTRUCTION PO Box 3556 - New Ben n, N.C. 28564 Phone ( 252 )-6355242 - Fax ( 252 )-635-4970 June 15, 2001 To : D.E.H.N.R. RE: Secondary dock platform with boat slip. Bob & Mary Bruggeworth 907 Diamond Ct. New Bern, N.C. 28560 (252) - 636-2466 Dear Sirs, COPY JUL 12 2001 The property owner is seeking an approval for a secondary dock platform. This secondary dock platform will be 8 ft in width,16ft in length with ( 4 ) tie pile to form a 14 ft wide x 32 ft long secondary boat slip. The primary purpose for this secondary dock platform is to allow easier access for fishing for the property owner and his family. The existing primary dock has (1 ) boat slip occupied with his vessel , thereby greatly limiting its use for fishing. The purpose for the ( 4 ) tie pile to create a secondary boat slip is to allow for the future possibility of obtaining a second vessel. The secondary dock will be constructed of marine grade lumber and galvanized hardware. All piling will be driven 8 ft -10 ft into canal system bottom. Sincerely, David Meford 0 ? Medford Marine Construction PO Box 3556 New Bern, N.C. 28564 :?j ? . s ••Y Y Y t.• 7 CL to 9. k S. a o+ .?. . L 0 OD '0 '0 JUL 2 2001 :• of in m t •?'? eee v c7f KI. Vie- e?? ,: ° • ...? •i•i ... ? 0 ::• ° :• ? :..; • ; Ifea?t ?.. cti Q . • . • ?; • e a N •i?' ?r • 1 t 0. ;o1o % Davit n t •.? Y ?w• aKht 41 2 Ems,. ? "'? •• 16 /?? p^ . W >tvspy ''a ' 7r? • o ?s?? ?dc6r ?' ?a, t *?' Qom/ ? • , "Y,d • \ Szo P)i ° ? ?+? ?? .,` .... • ' 1 ?`.\1 ; • •Y . ? as !" • .. o/ % Is, 7 fa % 4 •.• • ° eft, r :,•° ° t• - "• 'f • v • 1 !/YY? t t • . ppp- COPY. DRAWIH DETAIL (1) Scale: 1°x,30, LOT WITH EXISTING DOCK 06-15--01 BOB AND MARY BRUGGEWORTH nOA 807 DIAMOND CT. ZI I ri = 1 i 1 e • • C t BOAT SLIP 1 ? Ex18TSkQ# t I FW 0.00. 910 .P h'Cmy. N ,y i t t!1 sTaorr t! i O 4... , z7.o3. P T.o .!' Rho&. ' i?.b0• >. •?, 328 CA &W o 330 C 41, ? ?. ?` as r ?IbAFkl4Wltj4f I + SE A! - u V F y ? ? I ORAWIN3 DETAIL (2) Scale: 1's"30' 06-15-01 LOT WIT ! EXISTING AND PROPOSED DOCK i BOB ANI7, MARY BRUGGEWORTH SOT DIAA OND CT. JUL 12 2001 I COASTAL MANAGEMENT I i MOREHEAD ZI i rI t1 mf i t f BOAT SLIP I EXISTIN3 i 9 • t Rf'I O.Op Aqc? „ O,qT • ,'?? Sp• &41,4 A- i 4.Y' iY . w?ati rQ 4.Q' N t ?? -- f? 1 0 !r 'fir t ? OO 0 OL -.03 +^? M,8W 328 Lij w 4.W O - k , 10 0 .o? 330 8.!' i C ' 41, 7.r i . R ? ? ? Ns?AAasNR1b j SEAL • p ? b!N n C7 , s co I to G n m - tb I 61 i ? JUL 1 2 2001 al m y ' K Q w K O ' n .?ml i G? ?I w? OI O I ? I m r O e O 0?m 9 ! 0> o> ?? >z ,z CV Cn v zF 4 nv v> Vim' n? ? zr >- c ?? ?ko m m < o z M z i ? n O IAN