20130072 Ver 1_CAMA Permit Application_20130124

N 20130072
WC-NWR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory Braxton C. Davis John E. Skvada, III
Governor Director Secretary
January 23, 2013 rJA 1 "M�
�J D
MEMORANDUM: 2 412 013
TO: Karen Higgins NR - WATE►P 401 Oversight LWD �anas -
Division of Water Quality- Surface Water Protection
FROM: Doug Huggett, NC DENR -DCM Major Permits Co
400 Commerce Ave., Morehead City, NC 28557 (Courier 11- 12 -09)
SUBJECT: CAMA Major Permit Application Review
Applicant: Walter W. Winner
Project Location: 1112 Seabreeze Rd., adjacent to the AIWW / Myrtle Grove Sound, in
New Hanover County
Proposed Project: to reconfigure existing commercial docking facility
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Domo HuQaett at the address above by February 15, 2013. If you have
any questions regarding the proposed project, contact Robb Mairs at (910) 796 -7215, when
appropriate, in -depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
SIGNED
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.
DATE
127 Cardinal Drive Ext., Wilmington, NC 28405
Phone: [phone] \ FAX: [phone] Internet: www.necoastalmanaaement.net
An Equal Opportunity \ Affirmative Action Employer

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: Walter W. Winner c/o Houston Lowder and Brandon Burris
2. LOCATION OF PROJECT SITE: 1114 Seabreeze Road, adjacent to the AIWW/Myrtle Grove Sound, in New
Hanover County.
Photo Index - 2006: 21 -7379: N -0, 14 2000: 21 -259: P, 14 1995:21-241:0,16 1978: 15 -1114: P, 9 -10
State Plane Coordinates - X: 2336205 Y: 115755
Latitude: 34 °03'46.35177 "N Longitude: 77 °53'24.15966 "W
3. INVESTIGATION TYPE: CAMA ROVER FILE # - 0- 011810A
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 01/18/2013
Was Applicant Present — No
5. PROCESSING PROCEDURE: Application Received — 01/11/2013 (Completed)
6. SITE DESCRIPTION: Office — Wilmington
(A) Local Land Use Plan — Wilmington -New Hanover County
Land Classification From LUP - Resource Protection/Conservation
(B) AEC(s) Involved: PT, EW
(C) Water Dependent: Yes
(D) Intended Use: Commercial
(E) Wastewater Treatment: Existing — N/A
Planned — N/A
(F) Type of Structures: Existing — Commercial Pier
Planned — Partial removal of existing pier platform and installation of new floating
platforms and floating dock
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
Vegetated Wetlands (coastal
(B) Non - Vegetated Wetlands (Incorporated)
(Open water 425 s . ft.
(C) Other
(D) Total Area Disturbed: 425 sq. ft. (0.009 acres)
(E) Primary Nursery Area: Yes
(F) Water Classification: SA Open: Yes
8. PROJECT SUMMARY: The applicant requests authorization to remove a portion of existing pier platform and
replace with a new floating dock and platforms for commercial use.

W. Winner - Seabreeze Dock
Page 2
9. PROJECT DESCRIPTION:
The project site is located at the end of Seabreeze Road within the Seabreeze waterfront community, adjacent to
the AIWW/Myrtle Grove Sound, in New Hanover County. To locate the project site from the Wilmington
Regional Office (WiRO), travel from Wilmington towards Carolina Beach south on College Road (NC Hwy 421)
for approximately 12 miles south until you reach the stop light just north of the Snow's Cut Bridge. Turn left onto
Seabreeze Road and travel east approximately 0.2 miles until the road bends towards the north. The project site is
located just after the bend on the right hand side.
The project site occupies two lots totaling approximately 0.0938 acres of land with elevations which range from
approximately 1' to 4'above normal high water (NHW). There is approximately 37' of shoreline along the project
area adjacent to the AIWW/Myrtle Grove Sound. Existing high ground vegetation on the project site consists
primarily of wild grasses towards the western portion of the site and along Seabreeze Road frontage. The site is
currently undeveloped; however there is a remnant concrete foundation along the western portion of the project
site. The majority of the project site is currently sand and gravel void of wetland vegetation as a result of
vehicular and pedestrian use over the years to access the shoreline. However, this area shows characteristics
consistent with coastal wetlands, lower elevations, occasional tidal flooding, soil wetness, crab holes, and the
adjacent coastal wetland plant species adjacent to the project area towards the south, which consists primarily of
Smooth Cordgrass (Spartina alterniora) and Salt Meadow Grass (Spartina patens).
The project site is located in an area of the Seabreeze community currently zoned for commercial use. The
adjacent riparian property to the north currently consists of a residential building authorized as a Bed and
Breakfast with an existing docking facility into Myrtle Grove Sound. The riparian property located approximately
70' to the south is the old Seabreeze Seafood location, which the existing fish house and commercial pier have
been abandoned. According to a 1988 New Hanover County Planning Report, the Seabreeze Community was
developed as an African American resort during the early 1920's and by the mid 1940's; most of the area was
fully developed. Some of the development included a fishing pier, hotels, cafes and a dance pavilion. According
to the report "In its hey -day it was a place known for its fishing, seafood, and all around good time ". However,
over time the community began to decline, especially after Hurricane Hazel in 1954 and now there are remnants
of the old buildings and piers.
The applicant currently maintains one of these piers, which extends approximately 274' in length by 6' in width
into Myrtle Grove Sound. The pier terminates onto a fixed "L- shaped" platform, measuring approximately 46' in
length by 26' in width, of which the terminal end is dilapidated. Based on the provided drawings and aerial
photography obtained from the US Army Corps of Engineers (USACE), the existing structure does not encroach
into the 80' setback from the AIWW federal channel. The property and pier have been primarily utilized as a
fishing pier and by a local commercial marine construction business, which includes dockage for associated
barges and smaller type work vessels. This office was not able to locate previous authorization for the existing
facility. Based on historical aerial photography, there has been a pier in this location since the late 1940's;
however, its dimensions into Myrtle Grove Sound have changed over the years likely due to hurricanes which
have hit this area of southeast North Carolina (See Sheet 1 of 3 and Project Narrative).
The Wilmington -New Hanover County 2006 Land Use Plan Update classifies adjacent waters as Conservation,
and the adjacent high ground portion of the project area as Resource Protection. The waters of the AIWW/Myrtle
Grove Sound are classified SA by the Division of Water Quality. They ARE designated as a Primary Nursery
Area by the N.C. Division of Marine Fisheries and they are OPEN to the harvest of shellfish.
PROPOSED PROJECT:
The applicant requests authorization to remove a portion of existing pier platform and replace with a new floating
dock and platforms for commercial use. The applicant proposes to remove an approximate 28' in length by 18' in
width section of the existing "L- shaped" platform, creating a "U- shaped configuration oriented towards the north.

W. Winner - Seabreeze Dock
Page 3
Within this area, a new access ramp would lead onto a new floating dock, measuring approximately 25' in length
by 6' in width within the most interior portion of the new configuration, which would run perpendicular to the
shoreline and channel. Five (5) floating "Jet- Dock" platforms, each measuring approximately 11' in length by 5'
in width would then extend from this floating dock towards the north, which would run parallel to the shoreline
and channel. These platforms would accommodate smaller personal watercraft type vessels for a private business,
which the application states have been in operation in this area of New Hanover County the last three years. The
application indicates that current water depths range from approximately -2.95' to 4.28' relative to normal low
water (NLW) in the location of the proposed structures (See Sheets 1 through 3 of 3 and Project Narrative).
10. ANTICIPATED IldPACTS:
The proposed floating dock and platforms would incorporate approximately 425 sq. ft. of Public Trust Area and
Estuarine Waters; however this area is currently usurped by the existing fixed pier and platform. The strictures
would encroach into the 15' riparian corridor setback requirement of the adjacent riparian property to the north;
however the applicant has obtained a signed waiver from the owner to allow for the encroachment. Based on the
provided drawings, the proposed structures would not encroach into the 80' setback from the AIWW federal
channel. The existing pier currently extends approximately 240' into a waterbody, which measures approximately
960' across. This distance appears to conform to the 1/4 width rule and the established pier length. Based on a
01/18/2013 on -site visit, DCM determined that the water depth at the location of the proposed structures is
approximately -2.1' @ NLW. The proposed structures would accommodate an additional five (5) smaller vessels
at this location. Minor turbidity increases may be expected during the construction process.
Submitted by: Robb L. Mairs Date: 01/22/2013 Office: Wilmington

If someone in the Wilmington area mentions the Seabreeze community, almost anyone
familiar with the area can tell you where it is. While opinions and memories of the community
may vary there is no denying that the area is rich with history.
From the early days Seabreeze was a local attraction where business thrived with bars,
hotels, and musical hot spots and dance bars for the community to enjoy. As time has passed
the area has aged and dwindled down from what it once was. Unfortunately, Mother Nature
made no exceptions for the area and has destroyed and blown down much of what used to be.
Despite some heavy storms, and the punishing hands of father time there still stands
the old fishing pier that has long been part of the history of Seabreeze. While currently not in
as -new condition, her "skeleton" is still solid but her "skin" shows some age. It is this pier that
we, North End Jet Ski Rentals, intend to revive and bring back to life. This once popular area
has all but been forgotten and neglected, but we hope to be the first step in turning this area
back into what it once was; a fun and family friendly environment that attracts people from all
around. The property and pier have been used for the past years as storage for a commercial
marine construction business.
The pier has been in its current configuration since the 1950's and is located in the
Myrtle Grove area which is a primary nursery area that is open to shell fishing as well. It is
located just south of the AIWW marker 159 and according to the US Army Corps of Engineers
latest survey dated July 27, 2012 is directly at Waypoint #2 in Section 4 — Tangent 1.
We are proposing to install a floating dock and 5 attached jet docks within the existing
structure outline which with the required Major CAMA permit falls under a non - conforming
structure. We would do this to comply by removing part of the existing structure and replacing
that with floating docks and jet docks. Within the original footprint, we are proposing to
remove 504 sq. ft. and replace with 425 sq. ft. total in floating structure. This reduction in sq.
ft. is intended to help meet the spirit of the rules under non - conforming structure. This would
allow us to operate our seasonal business and be the safest alternative for launching and
docking our equipment without taking up more "real estate" oraffecting the environment.
We pride ourselves on doing business the right way and the fact that this is our P year
of business after starting from scratch speaks volume about the standards we hold ourselves to.
We treat our customer's right and appreciate each and every one of them and hope to provide
a safe and fun environment for them for years to come. We also take great pride in being an
active and positive business for the community and hopefully we continue to grow and draw
other positive influences as well.
•• .X ai�.

199 WA
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MsiaOweloomemPernMt
(last revised 12/27/06)
North Carolina DIVISION OF COASTAL MANAGEMENT
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If additional additfonal applicants, please attach an additional page(s) with names listed.
Mailing Address
PO Box
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Form DCM MP-1 (Page 2 of 4)
APPLICATION for
Major Development Permit
• 11A 4
a. Total length of shoreline an the tract (ft.)
37
County (can be multiple)
Street Address
State Rd. #
ew k4mover ---
[ /W./zeenbree-Z' V_
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(If many lot sizes, please attach additional page with a list)
Subdivision Name
city
State
Zip
-ee- Are cze,
W 19r'% lin of +0^
h. How does local government zone the tract?
LW '/_0 I
Phone No.
70'-/ DY /
Lot No.(s) (if y attach additional page with list)
;
- ext.
0
'74 1 -
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
e- f� e, e, (-
Ay Lo i--/
c. Is the water body identified in (b) above, natural or manmade?
d. Name the closest major water body to the proposed pro site.
ANatural ❑Elmanmade ❑ounknown
ro I- c
a. Is proposed work within city limits or planning jurisdiction?
I. If applicable, list the planning jurisdiction or city limit the proposed
gres ❑No
work falls within.
OR-7
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a. Total length of shoreline an the tract (ft.)
37
b. Size of entire tract (sq.ft.)
FT
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c. Size of individual lots) 111A
d. Approximate elevation of tract above NHW (normal high water) or
I I I
(If many lot sizes, please attach additional page with a list)
NWL (normal water level)
— P 1 7
OHWor[]NWL -
e. Vegetation on tract
I. Man-made features and uses now on tract
Net—
g. Identify and describe the existin land uses ad*acent to the proposed project site.
h. How does local government zone the tract?
1. Is the proposed project consistent with the applicable zoning?
(Attach zoning compliance certificate, If applicable)
1-1 M 02 r6 /ilk
Oes []No [3NA
j. Is the proposed activity part of an urban waterfront redeVelopment proposal? ❑yes; *0
k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ❑No OA
If yes, by whom?
1. Is the proposed project located In a National Registered Historic District or does it involve a ❑Yes ❑No ANA
National Register listed or eligible property?
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Form DCM MP -1 (Page 3 of 4)
APPLICATION for
Major Development Permit
m. (i) Are there wetlands on the site?
❑Yes fftNo
(ii) Are there coastal wetlands on the site?
❑Yes *0
(iii) If yes to either (i) or (ii) above, has a delineation been conducted?
[]Yes �No
(Attach documentation, it available)
n. Describe existing wastewater treatment facilities. .17
o. Describe existing drinking water supply source. n/^
p. Describe existing storm water management or treatment systems. /1/,4
1j :'�'3!���+`�.`- \ t. {�'� A, ;' i,a..a� $ �y'+�' _ - :'w' ;ti`4` _ ••� . `r� ", �. ; `.+= 4,`'r-,•SIt` '"�C•.
� - L z �i^: �4' ). -..� _ =i:r` 'F^ L N'K:. _ `'•' +.� „tr . W c,,;, n - 4 tl
a. Will the project be for commercial, public, or private use? 19commercial ❑Public/Govemment
❑Pdvate/Community
b. Give a brief description of purpose, use, and daily operations of the project when complete.
v5e--a - or 5c,,-Fe, 1oae�ir�y /r✓r /oac�iC.>
Fo-r d^er�a� GvS+oerSo
c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it is to be stored.
0 7-�/ lie a,�G � �i.�, s /t �.,..,rj � ► 2 �.-, ar.� c('
Ge, AAd et- 0,"01 CI-1-
d. List all development activities you propose.
Re/'►�►c9vG ex; tn5 r +pan of ter, 1�5 1t�q�ep�c
c� i n �SL,A /'y1 pve 1 r �r�� Q%ACcrr�h
S e- o e air•/ Re -PleAce 6roKer\ Toil+ ClmA fill
e. Are the proposed activities maintenance of an existing project, new work, or both?
necJ or
f. What is the approximate total disturbed land area resulting from the proposed project? NA ❑Sq.Ft or []Acres
g. Will the proposed project encroach on any public easement, public aocessway or other area []Yes No []NA
that the public has established use of?
h. Describe location and type of existing and proposed discharges to waters of the state.
NA
I. Will wastewater or stormwater be discharged into a wetland? []Yes []No ANA
If yes, will this discharged water be of the same salinity as the receiving water? []Yes []No .(NA
j. Is there any mitigation proposed? ❑Yes ❑No ANA
If yes, attach a mitigation proposal.
<Form continues on baci>
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Form DCM MP-1 (Page 4 of 4) APPLICATION for
Major Development Permit
V`A"0160
a. A project narrative.
b. An accurate, dated work plat (including plan view and cross - sectional drawings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
f. 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 mail. Such landowners must be advised that they have 30 days in
which to submit comments on the proposed project to the Division of Coastal Management.
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Name P,40C I'C' ,Hber- Phone No.
Address No%$ Ate_ //sKv-,,4or., (,A 9M50
77 7,
7
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g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates.
�h 4(610 "/-v
h. Signed consultant or agent authorization form, H applicable.
1. Wetland delineation, if necessary.
A
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) IV FA
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. I I 3A 1 -10), if necessary. If the project involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
I understand that any permit issued in response to this application will allow only the development described in the application.
The project will be subject to the conditions and restrictions contained in the permit.
I certify that I am authorized to grant, and do in fact 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 project.
I further certify that the information provided in this application is truthful to the best of my knowladae.
Date /0 Print Name �[/S �w� C°j9eh ��
Signature �2a7
Please indicate application attachments pertaining to your proposed project.
❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts-"'
❑DCM MP-3 Upland Development
OCM MP-4 Structures Information jAly
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Form DCM MP-4
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP -1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
" T 7%ti"I pt�bae
a. (i) Is the docking facility /marina: b. (i) Will the facility be open to the general public?
PQCommercial ❑PublidGovemment ❑Private /Community ❑Yes,lo
c. (i) Dock(s) and/or er(s)
(ii) Number
(iii) Length
_ f
(iv) Width
(v) Floating Floating
®Yes []No
e. (i) Are Platforms included ?$Yes ❑No
If yes: J c+
(ii) Number V
(iii) Length
(iv) Width /
(v) Floating f Yes ❑No
Note: Roofed areas are calculated from dripline dimensions.
g. (i) Nu ber of slips proposed
(iiNumber of slips existing
i. Check the proposed type of siting
❑ Land cut and access channel
❑Open water, dredging for basin and/or channel
;Mpen water, no dredging required
❑Other, please describe:
k. Typical boat length /�
m. (i) Will the facility have tie pilings?
❑Yes []No
(ii) If yes number of be pilings?
d. (i) Are Finger Piers included? ❑Yes XNo
If yes:
(ii) Number
(ii) Length
(iv) Width
(v) Floating []Yes []No'
f. (i) Are Boatlifts included? []Yes )00
If yes:
(ii) Number
(iii) Length
(iv) Width
h. Check all the types of services to be provided.
❑ Full service, including travel lift and /or rail, repair or
maintenance service
❑ Dockage, fuel, and marine supplies
❑ Dockage ('Suet slipsl only, number of slips:
❑ Dry storage; number of boats:
❑ Boat ramp(s); number of boat ramps:
Other, please describe:
Qei �lk il F1�C �2cn-}�) S
j. Describe the typical boats to be served (e.g., open runabout,
charter boats, sail boats, mixed types).
l e rSorb• l WNA-erGo,-�
C? WC)
I. (i) Will the fbe open to the general public?
[]Yes o
—1 1 j,
013
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Form DCM MP -4 (Structures, Page 2 of 4)
a Check each of the following sanitary facilities that will be included in the proposed project.
❑ Office Toilets
❑ Toilets for patrons; Number. Location:
❑ Showers
❑ Boatholding tank pumpout; Give type and location:
b. Describe treatment type and disposal location for all sanitary wastewater.
c. Describe the disposal of solid waste, fish offal and trash.
d. How will overboard discharge of sewage from boats be controlled?
e. (r) Give the location and number of 'No Sewage Discharge' signs proposed.
(ii) Give the location and number of'Pumpout Available' signs proposed.
f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products.
g. Where will residue from vessel maintenance be disposed oft
h. Give the number of channel markers and 'No Wake" signs proposed.
i Give the location of fuel- handling fatalities, and descnbe the safety measures planned to protect area water quality.
j. What will be the marina policy on overnight and live- aboard dockage?
k. Describe design measures that promote boat basin flushing?
;LI1it-
I. If this project is an expansion of an existing marina, what types of services are currently provided? J ' `; ' 1r_
m Is the marina/docking facility proposed within a primary or secondary nursery area?
❑Yes []No
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Form DCM MP-4 (Structures, Page 3 of 4)
n. Is the madna/docking facility proposed within or adjacent to any shellfish harvesting area?
❑Yes ❑No
o. is tne mannaiaocKing tacility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom
(SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected.
❑CW ❑SAV ❑SB
❑WL ❑None
p Is the proposed marinaldocking facility located within or within dose proximity to any shellfish leases? ❑Yes ❑No
If yes, give the name and address of the leaseholder(s), and give the proximity to the lease.
'4A
a. (i) Is the boathouse structure(s):
❑Commercial ❑Public/Government ❑Private/Community
(ii) Number
(iii) Length
(iv) Width
Mote., Roofed areas are calculated from dtipfine dimensions.
Mie. -A6oA*"-. wd-� ifa *oma, 0" 1 dawftbn eh 800
d' -
a. (i) Number
(ii) Length
(iii) Width
001,
-7,
a. Length b. Average distance from NHW, NWL, or wetlands
c Maximum distance beyond NHW, NWL or wetlands
o, Pl f3 Sri k ? *'
❑Commercial ❑PublictGovernment ❑Private/Community
c. Distance to be placed beyond shoreline
Note: This should be measured from marsh edge, if present
a. Are of the swing
u. number
d Description of buoy (color, inscription, size, anchor, etc.)
JAN, � 12013
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Form ®CM MP -4 (Structures, Page 4 of 4)
a Proximity of structure(s) to adjacent riparian property lines
1 '51 �or►or +h �> I�r +c 5r�v+h
Note: For buoy or mooring piling, use an; of swing including length
of vessel.
c. Width of water body
AV 9601
e. (i) Will navigational aids be required as a result of the project?
❑Yes ❑No WNA
(ii) If yes, explain what type and how they will be implemented
b. Proximity of structure(s) to adjacent docking facilities.
-�> 140'
d Water depth at watenyard end of structure at NLW or NWL
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