HomeMy WebLinkAbout19850076 Ver 1_COMPLETE FILE_19851209
STATf
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 December 9, 1985 Director
Mr. Ed Flynn, Agent for
Channel Haven Company, Inc.
P. O. Box A-0273- qo V j
Wilmington, NC 2840(.
Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Reconstruction of Bulkhead
Channel Haven Company, Inc.
New Hanover County
Dear Mr. Flynn:
Attached hereto are two (2) copies of Certification No. 1862
issued to Channel Haven Company, Inc. dated December 9, 1985.
If we can be of further assistance, do not hesitate to contact us.
Sincerely yours,
)Clginaa s ilea sy
;)ennis R. Ramsey
?'or R. Paul Wilms
cc: Wilmington District Corps of Engineers
Wilmington Regional Office
Mr. William Mills
Mr. David Owens
Pollution Prevention Pays
PO Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015
An Equal Opportunity Affirmative Action Employer
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NORTH CAROLINA
New Hanover County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of
Section 401 Public Laws 92-500 and 95-217 of the United States and
subject to the North Carolina Division of Environmental Management
Regulations in 15 NCAC 2H, Section .0500 to Channel Haven Company, Inc.
pursuant to an application filed on the 22nd day of October, 1985 to
reconstruct a bulkhead at Channel Haven Subdivision.
The Application provides adequate assurance that the discharge of
fill material into a wetlands area adjacent to the waters of Atlantic
Intracoastal Water Way in conjunction with the proposed bulkhead
reconstruction in New Hanover County will not result in a violation of
applicable Water Quality Standards and discharge guidelines. Therefore,
the State of North Carolina certifies that this activity will not
violate Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if
conducted in accordance with the application and conditions hereinafter
set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner
as to prevent significant increase in turbidity
outside the area of construction or construction-
related discharge (increases such that the
turbidity in the Stream is 25 NTU's or less
are not considered significant).
2. That the proposed alignment not extend any
further waterward than the previously
constructed bulkhead damaged by the hurricane.
3. That the bulkhead shall be constructed with
tightly space boards or a silt screen backing
to reduce turbidity impacts.
4. That the backfill material consist of clean
upland material primarily of sand.
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the above
conditions are made conditions of the Federal Permit.
This the 9th day of December, 1985.
DIVISION OF ENVIRONMENTAL MANAGEMENT
WQC# 1862
Original Signed By
Dennis R. Ramsey
For R. Paul Wilms, Director
1
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aw.
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 December 9, 1985 Director
Mr. Ed Flynn, Agent for
Channel Haven Company, Inc.
P.O. Box
Wilmington, NC 284014
.Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Reconstruction of Bulkhead
Channel Haven Company, Inc.
New Hanover County
Dear Mr. Flynn:
Attached hereto are two (2) copies of Certification No. 1862
issued to Channel Haven Company, Inc. dated December 9, 1985.
If we can be of further assistance, do not hesitate to contact us.
.? Sincerely yours,
Original Signed By
Dennij R., am ielyms
For
cc: Wilmington District Corps of Engineers
Wilmington Regional Office
Mr. William Mills
Mr. David Owens
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015
An Equal Opportunity Affirmative Action Employer
NORTH CAROLINA
New Hanover County
I
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of
Section 401 Public Laws 92-500 and 95-217 of the United States and
subject to the North Carolina Division of Environmental Management
Regulations in 15 NCAC 2H, Section .0500 to Channel Haven Company, Inc.
pursuant to an application filed on the 22nd day of October, 1985 to
reconstruct a bulkhead at Channel Haven Subdivision.
The Application provides adequate assurance that the discharge of
fill material into a wetlands area adjacent to the waters of Atlantic
Intracoastal Water Way in conjunction with the proposed bulkhead
reconstruction in New_;Hanover County will not result in a violation of
applicable Water Quality Standards and discharge guidelines. Therefore,
the State of North Carolina certifies that this activity will not
violate Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if
conducted in accordance with the application and conditions hereinafter
set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner
as to prevent significant increase in turbidity
outside the area of construction or construction-
related discharge (increases such that the
turbidity in the Stream is 25 NTU's or less
are not considered significant).
2. That the proposed alignment not extend any
further waterward than the previously
constructed bulkhead damaged by the hurricane.
3. That the bulkhead shall be constructed with
tightly space boards or a silt screen backing
to reduce turbidity impacts.
4. That the backfill material consist of clean
upland material primarily of sand.
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the above
conditions are made conditions of the Federal Permit.
This the 9th day o December, 196-5.
DIVISION OF ENVIRONMENTAL MANAGEMENT
Original Signed By
Dennis R• Raul Wilms, Director
wQc4? 1862 For P
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DIVISION OF ENVIRONMENTAL MANAGEMENT
November 12, 1985
MEMORANDUM
To: Bill Mills
Operations Branch
From: Michael F. Williams
Wilmington Regionz?k ,Office
RECEIVED
p?,pV 141985
?AJATER QUALITY SECTION
naFRATION3 SRANCW
Thru: A. Preston Howard, Jr.
gW?ilmington Regional Office
Subject: gional Office Review & Recommendations
Application for Permit for Excavation and/or Fill
Channel Haven Company, Inc. - Channel Haven
New Hanover County
The applicants propose to reconstruct a 125 linear foot section of
existing bulkhead damaged by hurricane Diana in September 1984. The
project will require 150 cubic yards of backfill to be placed behind
the proposed bulkhead alignment, reclaiming as much as 20 to 25 feet
of highground property adjacent to the AIWW, classified SA.
The project has been reviewed to determine impacts to water quality.
The following comments are provided:
The project will require 401 certification, and should contain
the following conditions:
1. The proposed alignment.shall not extend.any further
waterward than the previously constructed bulkhead
damaged by the hurricane.
2. The bulkhead shall be constructed with silt screen
backing or tightly gapped boards to reduce sedimentation
and turbidity impacts.
3. Turbidity within the receiving.waters shall not exceed
25 NTU due to the project activity.
4. Backfill material shall consist of a clean upland material
of primarily sand, in order to prevent sedimentation.
MFW/sf
cc: Division of Coastal Management - Bob Stroud
Wilmington Regional Office
Central Files
3
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DIVISION OF ENVIRONMENTAL MANAGEMENT
` WATER QUALITY,SECTION
s concerriing an application for State Federal CAMA Permit(s) from
r ? a
L'r'm
PERMIT:
This office cannot comment on this project until after the close of the Section
401 Certification Public Comments Period.
This office has no objection to the issuance of the permit(s) for the prVosea
?F? project with the following conditions:
That the activity be conducted in such a manner as to prevent significant
increases in turbidity outside the area of construction or construction-
related discharge (increases.of 25 NTU's or less are not considered
significant).
That the instream turbidity not be increased by more than 50 NTU's as a
result of the proposed activity after a reasonable opportunity for dilu-
tion and mixture.
That turbidity levels in shall not be increased
by more than 10 NTU's as a result of the proposed activity after a reason-
able opportunity for dilution and mixture.
B. CERTIFICATION STATUS:
Certification is not required
for this project.
Certification is required for
this project. Such action to
process the certification has
been initiated. Proposed
Certific ion will be acted on j.
or after Cal?v ?iTl955??»r? h?+e°
The proposed. project is certified.
under General Certification
A) No. 1179 issued on January 25, D) No. 1431 issued on October 16,
1977, for sewer line construction 1980, for boat ramp construction.
B) No. 1272 issued on November 10, E) No. 1664 issued on September 8,
1978, for bulkhead construction. 1983, for Rip-Rap Placement.
C) No. 1273 issued on November 10, F) No. 1665 issued on September 19,
1978, for discharges of liquid 1983, for incidental bridge
effluent from diked upland disposal construction.
areas. ?.
WATER QUALITY SECT?I.''
DIVISION OF ENVIRONMENTA,I`MANAGEMENT
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B CERTIFICATIC
N STATUS
fication,fs not required:
his. pro �eet..
,ert le-Ation is required for
A)
thia ;pro, ect. Sucli-action to. `.
B)
�roeess ttYe�l cert-tification has:
z��r�;finhit�a�,t��•" Proposed
C),
i
�,r after a
e
N STATUS
fication,fs not required:
his. pro �eet..
,ert le-Ation is required for
thia ;pro, ect. Sucli-action to. `.
�roeess ttYe�l cert-tification has:
z��r�;finhit�a�,t��•" Proposed
pert fic `' obitail �e to p
�,r after a
e
Cheproposed project is certified
Index Goneral Certifcat"ion
To. 1179 issued- on danuary
No:• 143E issued • on ,.October..16,
L977 for;sewer`line coustruct on
1980, for bba;t ramp construction.'..
10.;1272 ifssuedon'November 10
E) No. 1664 bissued.on September 8,
978;'fox :bulkhead construction.
198.3for Rip -Rap: Placement.
[o. 173 issnod; bn Na�tember� 10.,
F), No. 1665' issued: on September 19,
discharges of .liquid y 1983gr incidental bridge
'fflLent from diked .upland disposal '
construction.
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wATER QtTALITX:! `SECTI
` DIVISION OF ENVIRONMENT NAGEMI NT
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SLATE
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State of North Carolina
Department of Natural Resources and Community Development
. Division of Coastal Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor Field Services Section David W. Owens
S. Thomas Rhodes, Secretary 7225 Wrightsville Avenue Director
Wilmington, NC 28403
(919) 256-4161
November 7, 1985
Dianne Blake
Star News
P.O. Box 840
Wilmington, NC 28401
Dear Ms. Blake:
Please place the following legal notice in the classified section of your
newspaper and send the bill and affidavit to Christie Flynn, Division of
Coastal Management, P.O. Box 27687, Raleigh, NC 27611.
Sincerely,
(2'-RLj566j-
C. Robert Stroud, Jr.
Field Consultant
CRS/sbm
Attachment
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293
An Equal Opportunity Affirmative Action Employer
1'
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SH ON November 13, 1985
NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR DEVEIDPNENT
PERMIT AND KkUR QUALITY CERTIFICATION
Pursuant to NOGS 113A-119(b) and 143-215 3(a)(1)(c), the Department of
Natural Resources and Oom udty Development hereby gives Public Notice
that Channel Haven Company, Inc.
filed an application on October 22, 1985 for a permit fran the
Divison of Coastal Management to develop in an Area of Environmental
omx)ern 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, Channel Haven Company, Inc.
proposes to
repair the existing bulkhead and refill the area which was caused by
Hurricane Diana. Project is located at Channel Haven Subdivision at the
end of peninsula adjacent to the AIWW - New Hanover County.
A copy of the entire application and additional information may be
examined (or copies furnished, upon payment of reproduction costs) during
normal business hours at the Division of Coastal Management and/or the
Division of Envirormiental Management, Regional Office, 7225 Wrightsville
Avenue, Wilmington, North Carolina 28403.
The Division of Envirormiental Management proposes to take final action on
this water quality Certification on or after December 9, 1985 . The
? {
4
issuance of the CAMA Major Development and the Section 401 Certification
may deviate from this projected date depending upon the nature of the
comrents submitted and subsequent hearings that may result.
All persons desiring to male comrents should do so in writing to Mr. David
W. Owens, Director, Division of Coastal Management, P.O. Bpx 27687, Raleigh,
North Carolina 27611 prior to November 28, 1985 for consideration under
the CAMA Permit Decision and to Mr. Cecil G. Madden, Division of Environmental
Management, P.O. Boat 27687, Raleigh, North Carolina 27611 (Telephone:
(919) 733-5181) prior to November 28, 1985 for consideration under
the water Quality Certification decision.
OFFICE OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
?•b.Ap icant's name Channel Haven Company, Inc.-~(Ed Flynn, Agent)
cation of project site Channel Haven Subdivision at end of peninsular adjacent to
the AIWW - New Photo #17-220; Grid 0-12
3. Investigation type: Dredge b Fill X CAMA X
4. Investigative procedure: (A) Dates of site visit 10/8/85
(B) Was applicant present No
5. Processing procedure: Application received 10/22/85 Office DCM-Wilmington
6. Site description: (A) Local Land Die Plan Wilmington - New Hanover County
Land classification from LOP Conservation
Development constraints identified in LUP None for nroiects of
this nature
(B) AEC(s) involved: Ocean Hazard Estuarine shoreline X
Coastal wetlands Public trust waters
Estuarine waters Other Eroded Area
(C) Water dependent: Yes No Other
(D) Intended use: Public Private X Commercial
(E) Type of waste water treatment: Existing N/A,
Planned N/A
(E) Type of.structures: Existing. Partially failed bulkhead.
Planned Repair to existing bulkhead.
(G) Estimated annual rate of erosion 1'/year Source Personal observation
7. Habi tat description: AREA
(A) Vegetated wetlands: Dredged Filled Other
N/A
(B) Non-vegetated wetlands:
Recently Eroded Area aDDX. 2.360 s.f.
(C) Other:
(D) Total area disturbed: appx. 2,360 s.f.
8. Project summary The applicant proposes to repair the existing bulkhead and refill the_
area which was cussed by Hurricane Diana.
Al
rs
Qhannel Haven Company, Inc.
Rage,2
9. PROJECT DESCRIPTION:
The project is located on the peninsula to the north side of the Channel Haven access
channel on the northeast side of the landmass. This area was originally bulkheaded
as permitted by State Permit #650. Hurricane Diana which occurred in September 1984,
damaged the existing bulkhead creating a breach in the structure.approximately 1101 t"
long. The resulting erosion cut into the existing highground'work 30'-40'. Since
that time the shoreline has re-established from 20'-25' landward of the initial
alignment at mean high water (MHW). The former wall consisting of concrete slabs
has collasped waterward of the initial alignment.
The applicant is proposing to construct a new bulkhead aligned 21-5' landward of the
originally permitted alignment. Approximately 118 linear feet of bulkhead will be
built of Seawood. Approximately 150 cubic yards of material will be used behind the
wall to refill the area lost to erosion.
10. ANTICIPATED IMPACTS:
The applicant contacted this Division as well as the U.S. Army Corps of Engineers
just after Hurricane Diana concerning replacement of the structure. An examination
of the site at that time and recently revealed that the mean high water contour has
moved waterward since the storm. The area behind the wall is basically "dead" sand
material from the former highground. If the structure is replaced landward of the
former alignment no adverse impacts are anticipated.
SUBMITTED BY: C. Robert Stroud, Jr. OFFICE: DCM-Wilmington DATE: October 31, 1985
x"
1
} PERMIT TO EXCAVATE AND/OR FILL
EASEMENT IN LANDS COVERED BY WATER
APPLICATION
FOR
WATER QUALITY CERTIFICATION
CAMA PERMIT FOR MAJOR DEVELOPMENT
Department of Administration State of North Carolina Department of the Army
(GS 14612) Department of Natural Resources and Community Development Corps of Engineers, Wilmington District
(GS 113-229, 143-215.3(a)(1), 143-215.3(c), 113A-118 (33 Cl R 209.320-329)
Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank.
1. Applicant Information U _
A. Name 0/ )9HNL.
ast First' Middle
B. Address ' /V U ea
Street, P. O. Box or Route
ty or Town State Zip Code Phone
11. Location of Prod Pr ject:
A. County ??? C!w f ?l0 V011 411Z It
4Yes ?B. 1. City, town, community or landmark 01h •e ? n A R, l.+2. Is proposed work within city limits? No //
C. Cree river, sound or bay upon which project is located or nearest med body of water to project
I?llt?.'1 <<rSS C µn ?? ?
u `1
Ill. Description of Project
A. 1. Maintenance of existing project 2. New work '? E, >•'" `
B. Purpose of excavation or fill
1. Access channel A[ 4_.length width depth 09
2. Boat basin length width depth vim. ?tihi
.3. Fill area Ar length' width depth real ?` ?f?1C
4. -Other ly length' _width depth 0?I'rTON Rti
. 1. Bulkhead length l,: S at Average distpce waterward of MHW (shoreline)
2. Type Af bulkhead construction (material) ?4Lt1t90Y?
D. Excavated material (total f r project)
1. Cubic yards 2. Type of material
E. Fill material to be placed below MH (sec also VI. A)
1. Cubic yards eN y ms's 2. Type of material
IV. Land Type, Disposal Area, and Construction Equipment: N
A. Does the area to be excavated include any marshland, swamps or other wetland? Yes No
No _?f}
B. Does the disposal area include any marshland, swamps or other wetland? Yes No -7
C. Disposal Area ha 11-JP4 0
1. Location
2, Do you claim title to disposal area?_ V=s
D. Fill material source if fill is to be trucked in __mrro om xroc ilxzo c7i 777F
L. How will excavated material be entrapped and erosion controlled?
1. 1 ypc of equipment it) lie used ??'? Oe 0?f'/L
G. Will marshland be crossed in transporting equipment to project site? If yes, explain NO '
A 1J 1.
nnenocu 6_sc O,Arroicct Atca (Describe)°
?-(I. Private / 0 fis? Q/,fu1Vr0 //V,&001 77+Tr+?r?2?
2. Commercial
3. Housing Development or Industrial
4. Other '
B. 1. lot size(s)
N
2. Elevation of lot(s) above mean high water
3. Soil type and texture
4. Type of building facilities or structures
S. Sewage disposal and/or waste water treatment A. Existing Planned
B. Describe
6. 'Land Classification (circle one) DEVELOPED TRANSITIONAL COMMUNITY RURAL
CONSERVATION OTHER (See CAMA Local Land Use Plan Synopsis)
VI. Pertaining to Fill and Water Quality: S??vpT7E 0At
A. Does the proposed project involve the placement of fill materials below mean high water? Yes,*"(' No
B. 1. Will any runoff or discharge enter adjacent waters as result of project activity or planned use of the v
area following project completion? Yes No
2. Type of discharge
3. Location of discharge
VII. Present rate of shoreline erosion (if known):
VIII. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
work in project area, if applicable:
IX. Length of time required to complete project: - 3e''a'? ' '
X. In addition to the completed application form, the following Items must be provided:
A. Attach a copy of the deed with State"
( application only) or other instrument under
claims title to the affected ..,e
property. OR If applicant is not claiming to be the owner property, ?.
then forward a copy of the deed or other instrument under which the owner claims ti us teN-! Pas
permission from the owner to carry out the project on his land.
"IM
0. Attach an accurate work plat drawn to scale on SY2 X 11" white paper (see instructs f t:SEC h4 AL OffICE
details). Note: Original draws UY -11m ryGTON RLGIOh
ngs preferred -only high quality copies accepted.
C. A copy of the application and plat roust be served upon adjacent riparian landowners by registered or
certified mail or by publication (G.S.113-729 (d))Enter date served
D. List names and complete addresses of the riparian landowners with property adjoining applicant's.
Such own?e? have 30 ays in which to submit comments to agencies liseed below.
.?c;? /?r ,/!'?. /fur s 3/S/ N•Cl?.?nn?/ A9 me" ?ll?. ?•/rn? AA1 -2Y)Vn t
„t fo?:. Al. e.
XI. Certification requirement: 1 certify that to the best of my knowledge, the proposed activity complies
with the State of North Carolina's approved coastal management program and will be conducted in a
manner consistent with such program.
XII. Any permit issued pursuant to this application will allow only the development described in this appli-
cation and plat. Applicants should therefore describe in the application and plat all anticipated devel-
opment activities, including construction, excavation, filly and land clearing.
DATE16O /
s
Applicant's Signature
D 10/78 SEE REVERSE SIDE FOR MAILING INSTRIICTlnntc
Rev. . 10
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LINE OF EXIST. BULKHEAD
g0'+ t
NEW REINF. CONC. BULKHEAD
15 + WITH REINF. CONC. CAP. + •
(TYPICAL)
NO-R- h---- - BACKFILL '
FL. + 6.0
• _ +;r-rte: 11I.L. L=0.0
TIE R00P AND ANCHORS (TYPICAL)
ON 9 -O'CENTERS II
' EXIST.
• SECTION A- A BuLxHFAO? _
SCALE: 1"= 20
50' 25'
?ArnAGEd BACKFILL
' NORM. GR_
Qut-KN?cn ....?
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M.H.W =+3.8 toe3f4syE04)
M. L.W. O.0 _ .. . •. - - -
' NEW BULKHEAD TIE. AND ANCHOR
S£AwOoa - _
?o f ?vsr ?ENo D BvtKN 'E"PEO
SECTION, 8 - 8
SCALE: I"= 20
OC1.221
• TOE OF
c ANpFfiCE
,ej pON p?RYEA6l1
• • EXIST
25 710 ?j
s--BACKFILL ?.
EL.+ 6.0 -li-NORM_GR
M.H.V. =+3.8
'??j-=4S--------- _ _ - - - ??--TIE AND ANCHOR
• NEW BULKHEAD
REINF. CONC. .
SECTION C- C BULl4-iFAD AND DACKF I LL
SCALE: 1"=.20' at Channel Haven Subdivision
near tili lmin?ton, N. C.
New Hanover County
CHANNEL HAVETI CCI'•'PArJy, LyC.
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to NCGS 113-229
Permit Number
.222-85
Issuedto Channel Haven Company, Inc., P. 0. Box 1623, 4222 Oleander Dr., Wilmington, NC
authorizing development in New Hanover County at the AIWW and Channel Haven Canal 28403
as requested in the permittee's application dated 10/20/85 including
attached plats, sheets 1-3 of 3 dated 10/85.
This permit, issued on 1-2` -->-I), 8S , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may subject
permittee to a fine, imprisonment or civil action; or may cause the permit to be null and void.
(1) The new section of bulkhead must be aligned landward of the existing structure,
as indicated by the attached plats.
(2) All backfill material must be obtained from a highground source and confined
behind the permitted bulkhead.
(3) No excavated or fill material will be placed at any time in any marsh
or surrounding waters outside of the alignment of the fill area indicated
on the plat.
NOTE: Section 401 Water Quality Certification #1862 was issued on December
9, 1985 by the Division of Environmental Management for this project.
This permit action may be appealed by the permittee
or other qualified persons within twenty (20) days of the
issuing date. An appeal requires resolution prior to work
initiation or continuance, as the case may be.
This permit must be accessible on-site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification
not covered hereunder requires further Departmental
approval.
All work must cease when the permit expires on
December 31, 1988
In issuing this permit, the State of North. Carolina
agrees that your project is consistent with the North
Carolina Coastal Management Program.
Signed by the authority of the Secretary of DNRCD and
the Chairman of the Coastal Resources Commission.
David w. Owens, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
13
PERMIT TO EXCAVATE AND/ . FILL
EASEMENT IN LANDS COVERED B WATER
Department of Administration State of North Carolina Department of thr 'lrmy
(GS 146-12) Department of Natural Resources and Community Development Corps of Engineers, Wilmington District
(GS 113-229, 143-215.3(x)(1), 143.215.3(c), 113A-118 (33 LFR 209.320-329)
Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A iu blank.
f
APPLICATION
F-OR
WATER QUALITY CERTIFICATION
LAMA PERMIT FOR MAJOR DEVELOPMENT
1. Applicant Information ,
A. Name ?: . ;:' _?? r , ,?
??? ast LL// 1=irsy ^, htiddly
B. Address
i?nu n 1 /yrl
Street, P. O. Box or Route
e? e .
Zip Code 1'Irone
y or T own State
II. Location of Pro osed Pr iect:
/1?7eIJ I ij-)l UU orL - , t
?. c?,t,nty / ` 1
B. 1. City, town, community or landmark r't"hit e #FY.r" 'f A/,,, r , ' / ' ` /' /' r
2. Is proposed work within city limits? Yes No / i
C. Crec , river, sound or bay upon which project is located or nearest gamed body of w•aler try prflietA ?"
Ill. Description of Project
A. 1. Maintenance of existing project 2
B. Purpose of excavation or Fill
New work
I. Access channel 64 length width depth _?
i.J
2. 13oat basin N ?? It-ngth width depth
.3. I ill area ?'? r=' length width depth
4. Other ??? length width depth
C. I. Bulkhead length ?_S , Average distance waterward of MHW (shoreline)_
2. fype of bulkhead construction (material) SG r?J4U? _
D. Lxcavated material (total f )r project)
I . Cubic yards AI 2. l ype of material
E. Fill material to be placed below MH? (see also VI. A)
1. Cubic yards Z ?) qtr `1 ? S 2 l ype of material ?1??'??
IV. Land Type, Disposal Area, and Construction Equipment:
A. Does the area to be excavated include any marshland, swamps or other wetland? Yes - No ?! ,r1
B. Does the disposal area include any marshland, swamps ?,r Other wetland? Yes No
C. Disposal Area /7? /?/ ! ?? ! a ry
1. Location ?' r ?" ?` /? " ? t` _
2. Do you claim title to disposal area? ?/°?
D. I ill material source if lilt is to be trucked in . /t '
I . Flow will excavated material he entrapped and erosion controlled? __?
I . I N Ix• of equipment to he used %'/" Uf Us i'/?._
G. Will marshland be crossed in transporting equipment to project site? Il? yes, explain % ?'' '
%6J/ i I S / ?9 1C•'`?!'i:?/1,/f/? ??? L'/..: ^r,.f`!/:''/?! /il . ?! _ ??. i /i r
)3:F-13? hill ?':,'1, ???/ r;:' ( 1-/t'/.3:'J ???f :'?C?!}? de? ?? ,?.''? ?? ?A.r. `?. (;;+t !r _°.?.,/??` , /. /
F
s
2. Elevation of lot(s) above meari high water
3. Soil type and texture
4. Type of building facilities or structures
5. Sewage disposal and/or waste water treatment A. Existing Planned
R. Describe
6. 'Land Classificatiom'(circle one) DEVELOPED TRANSITIONAL COMMUNITY RURAL
CONSE=RVATION OTHER _(See CAMA Local Land Use Plan Synopsis)
VI. Pertaining to Fill and Water Quality: ?c`?nip7? 0 *0
A. Does the proposed project involve the placement of fall materials bvlass° ,ean high water? Yes?No Ize-?1011 ft. 1. Will any runoff or discharge enter adjacent ;eaters as result o project ar tivity or planned use of the
area following project completion? Yes -No
2. Type of discharge All
3. Location of discharge /Al
VII. ['resent rate of shoreline erosion (if known):
VI 11. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
work in project area, if applicable:
IX. Length of time required to complete project: - ?Ad s
X. In addition to the completed application form, the following items must be provided:
A. Attach a copy of the deed (with State application only) or other instrument under which applicant
claims title to the affected property. OR if applicant is not claiming to be the owner of said property,
then forward a copy of the deed or other instrument under which the owner claims title plus written
permission from the owner to carry out the project on his land.
13. Attach an accurate work plat drawn to scale on 8%2 X 11" white paper (see instruction-booklet for
details). Note: Original drawings preferred - only high quality copies accepted.
C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or
certified mail or by publication (G.S. 113-229 (d))Enter date served
1). List names and complete addresses of the riparian landowners with property adjoining applicant's.
Such owners have 30 gays in which to/submit comments to a encies listed below. l
'' i.? , ?j ,?i?^S /7 1v??1D?1/P?7?? ?f?LDr'r `?i>/l,tr'+P IoM
A4 r- / 1 jv in 7? X) /n/vi r <t+r„A/,
X1. Certification requirement: I certify that to the best of my knowledge, the proposed activity complies
wi:h the State of North Carolina's approved coastal management program and will be conducted. in a
manner consistent with such program.
XI1. Any permit issued pursuant to this application will allow only the development described in this appli-
cation and plat. Applicants should therefore describe in the application and plat all anticipated devel-
opment activities, including construction, excavation, fillip and land clearing.
.00
DATk •1
(Avl e Applicant's Signature
D&F-82 SEE REVERSE SIDE FOR MAILING INST RUCTIGNS
Rev. 10/78
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NEW REINF. CONC. BULKHEAD
WITH REINF. CONC. CAP. i
BACKFILL (TYPICAL)
TIE ROUE AND ANCHORS (TYPICAL?
ON 9'-0' CENTERS
BUIL HEAD--- 6
SECTION A- A
SCALE- I 20"
LINS OF EXIST. PULKH=AD
EL. + 6.0
_ m. H.W. = + 3.8
M.,-.W. =0_0 50• 25
Q?mRGCID BACKFILL - f? OORM. GR.
131t:11114Y: D - - -
"' - - - TIE AND ANCHOR
' NEW BULKHEAD
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LiNs
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SCALE: I 20'
TOE OF EXIST...?IP.RAR.. `i l r
25' 10, BACKFILL
EL.+6.0 NORM.IGR _-
•.
r.I.H.W. = +3.8 _
--*r--?' = - ''4-?----TIE AND ANCHOR
NEW BULKHEAD
REINF. CONC.
SECTION C-C
SCALE: 1"=.20'
1
DULKIIFAD AND BACKFILL
at Channel Haven Subdivision
near Wi Imington, N. C.
New Hanover County
CHANNEL [.IAVFPI CC`•!,'j1:JY, 1,1C.
1 _ _
4a _
_ . 4.
IN REPLY REFER TO
Regulatory Branch
DEPART NT OF THE ARMY
WILMINGTON DI. _ ICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890 R E C E I V E D
December 3, 1985
C E C 0 egg,
SUBJECT: File No. SAWCO86-N-065-0039
Channel Haven Company,
Incorporated
c/o Mr. Ed Flynn
F & S Marine Contractors,
Incorporated
Post Office Box 868
Wrightsville Beach, North Carolina 28480
Gentlemen:
!.'.'ATE'? UNITY SECTION
op-
Reference our letter to you of November 12, 1985, whereby we
informed you that your proposed repair and backfill of a bulkhead
off the Atlantic Intracoastal Waterway (AIWW), Wilmington, New
Hanover County, North Carolina, was a candidate for Federal
authorization pursuant to our general permit No. SAWCO80-N-000-
0291.
Further investigation discloses that your proposed work can
be authorized by nationwide authority. For the purposes of
Section 10 of the River and Harbor Act of 1899 and Section 404 of
the Clean Water Act, Title 33, Code of Federal Regulations (CFR),
Part 330 lists nationwide permits which were issued by publication
in the Federal Register on July 22, 1982. Authorization was
provided for the repair, rehabilitation, or replacement of any
previously authorized, currently serviceable structure or fill
provided such work does not result in a deviation from the plans
or use of the original structure or fill. Minor deviations due to
changes in materials or construction techniques and which are
necessary to make repair, rehabilitation, or replacement are
permitted.
For the nationwide permit to be valid, the bulkhead must be
constructed on its originally permitted alignment and the
following special conditions must be followed:
a. The material used to backfill the bulkhead will consist
of suitable material free from toxic pollutants.
i
It
r
_.
.....
-,
n`
b. The bulkhead
a
_2-
struct will
be properly maintained.
c. The activity will not cause an unacceptable interference
with navigation.
The District Engineer has determined that adverse
environmental effects of your work should be minimal. Your
project is authorized by nationwide permit provided it is
accomplished in strict accordance with the preceding conditions;
and therefore, your October 20, 1985, application for Federal
permit has been retired. Please be aware that this authorization
does not relieve you of the responsibility to obtain any required
State or local approval.
If you have questions, please do not hesitate to contact
Mr. Mike Smith, Regulatory Branch, telephone (919) 343-4634.
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
Copies Furnished:
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
Mr. William Mills
Water Quality Section
Division of Environmental
Management
V" 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
Marine and Estuarine Branch
U. S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. C. Robert Stroud
Wilmington Regional Office
North Carolina Division of
Coastal Management
7225 Wrightsville Avenue
Wilmington, NOrth Carolina 28403
4
t
DEPAR T OF THE ARMY
WILMINGTON TR IT, CORPS OF ENGINEERS
P O. OX 1890
WILMINGTON, H CAROLINA 28402-1890
November 12, 1985
IN nrrLT Hrr¢n iv
Regulatory Branch
r:
SUBJECT: File No. SAWC086-N-065-0039
RECEIVED
NOV 18 1986
Channel Haven Company,
Incorporated
c/o Mr. Ed Flynn
F & S Marine Contractors,
Incorporated
Post Office Box 868
Wrightsville Beach, North
Dear Mr. Flynn:
Carolina 28480
?';'ATER OU 1!TY SECTION
0PER!Tj1()N-S 13RANCH
On January 27, 1981, we issued general permit No. SAWC080-N-
000-0291 (enclosed), which provides Federal authorization for
construction activities that receive authorization from the State
of North Carolina.
A review of your application, submitted on your behalf by
Mr. Ed Flynn, received November 7, 1985, for a Department of the
Army permit to repair and backfill a bulkhead on a canal off the
Atlantic intracoastal Waterway (AIWW), east of Wilmington, New
Hanover County, North Carolina, indicates it to be a candidate for
Federal authorization under this general permit. Accordingly, the
administrative processing of your application will be accomplished
by the North Carolina Division of Coastal Management. Comments
from Federal review agencies will be furnished to the State.
If your application must be withdrawn from this general permit
process for any reason, you will be written and informed of its
further management. If there are no unresolved differences of
State-Federal positions or policy, the final action taken on your
application by the State will result in your receiving written
notice from us that your application has been successfully
processed under our general permit. Only after receiving such
confirmation should you begin work.
Your application, pursuant to Section 10 of the River and
Harbor Act and Section 404 of the Clean Water Act, has been
iii
f.
r
f A -
y. ?_..__. __-_._
assigned No. SAWC086-N-065-0039 and will be coordinated by
Mr. Mike Smith, telephone (919) 343-4634. He is available to
address questions or comments you may have.
Sincerely,
f-
Charles W. Hollis
Chief, Regulatory Branch
Enclosure
Copies Furnished (without enclosure):
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
Mr. William Mills
r Wa r Quality Section
ivision 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
Mr. Randy Cheek
Notional Marine Fisheries
Service, NOAA
Pivers Island
Beaufort, North Carolina 28516
Mr. William L. Kruczynski, Chief
Wetlands Section
Marine and Estuarine Branch
U. S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. C. Robert Stroud, Jr.
Wilmington Regional Office
North.Carolina Division of
Coastal Management
7225 Wrightsville Avenue
Wilmington, North Carolina 28403
Ms. L. K. (Mike) Gantt
U. S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039
??
?-
4
{
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON. NORTH CAROLINA 28402-1890
November 12, 1985
IN ntrLx NtrtK Iv
Regulatory Branch
« SUBJECT: File No. SAWC086-N-065-0039
Mr. William Mills
Water Quality Section
Division of Environmental Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Mills:
RECEIVED
NOV 141x85
WATER ^!!AI.ITY SECTION
OPERATION3 3 RANCH
Enclosed is the application of the Channel Haven Company,
Incorporated, represented by Mr. Ed Flynn, for a Department of the
Army permit and a State Water Quality Certification to reconstruct
and backfill a bulkhead on a canal off the Atlantic Intracoastal
Waterway (AIWW), east of Wilmington, New Hanover County, North
Carolina. Your receipt of this letter verifies your acceptance of
a valid request for certification in accordance with Section
325.2(b)(ii) of our administrative regulations.
We are considering authorization of the proposed activity
pursuant to Section 404 of the Clean Water Act, and we have
determined that a water quality certification may be required
under the provisions of Section 401 of the same law. A Department
of the Army permit will not be granted until the certification has
been obtained or waived.
In accordance with our administrative regulations, 60 days
after receipt of a request for certification is considered a
reasonable time for State action. Therefore, if your office has
not acted on the request by January 10, 1986, the District
Engineer will deem that waiver has occurred.
Questions or comments may be addressed to Mr. Mike Smith,
telephone (919) 343-4636.
Sincerely,
ar s W. Hol s
hief, Regulatory Branch
Enclosure
?`
r.•y ?- -
a I ?
-2-
it
Copies. Furnished (without enclosure):
Mr. John Parker
Y Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. C. Robert.Stroud, Jr.
Wilmington Regional Office
North Carolina Division of
Coastal Management
7225 Wrightsville Avenue
Wilmington, North Carolina 28403
WqL
?? o5F?wGDis"Co A A
i--0ea
`mow ?, v
[Novi
1
11 ^
State of North Carolina
Department of Natural Resources and Community Development
Division of Coastal Management
512 North Salisbury Street 0 Raleigh, North Carolina 27611
James G. Martin, Governor
S. Thomas Rhodes, Secretary
Field Services Section
7225 Wrightsville Avenue
Wilmington, NC 28403
(919) 256-4161
October 31, 1985
Mr. Ea Flynn
F & S Marine Contractors, Inc.
P.O. Box 868
Wrightsville Beach, NC 28480
Dear Mr. Flynn:
David W. Owens
Director
The Division of Coastal Management hereby acknowledges receipt of your application
for state approval for development on your client's property at Channel Haven. Your
application was received in our office on October 22, 1985 and appears to be adequate
to initiate processing. The projected deadline for making a decision on your applica-
tion is December 26, 1985. An additional 75-day review period beyond this deadline may
be necessary to complete the review and take final action. If so, you will be notified
of the extension and the new deadline.
The project is being circulated to the various state and federal review agencies
for their comments. Additional information may be required as a result of this circu-
lation and review of your proposal by these other agencies. You will be notified by
them if additional information is necessary. Should you have any questions or need
assistance, please feel free to contact this office at your convenience.
Sincerely,
C-14Q,1 I
C. Robert Stroud, Jr.
Field Consultant
CRS/sbm
cc: Mike Smith, U.S. Army Corps of Engineers
Charles Jones, DCM
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293
An Equal Opportunity Affirmative Action Employer
��
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4
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x. ,
APPLICATION
FOR
ti. PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERTIFICATION _ wvJ
EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEV ?NTM
Repattment of Administration State of North Carolina Department of the Army
GS T4612) Department of Natural Resources and Community Development Corps of Engineers, Wilmington District
(GS 113-229,143-215.3(a)(1), 143-215.3(c), 113A-118 (33 CFR 209.320-329)
Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A irr blank.
1. Applicant Information
A. Name CHI) N/YL,C l',?lrtx?I3?>'i',
~
ast Firs}
? Middle.
B. Address r'
7 D( PANG`
l? .. ? ,
Street, P. O. Box or Route
(J,/n1, n gm
? 779- y? / b
(.tty or Town State Zip Code Phone
I. Location of Proposed Pr ject:
W /u etJ Hayotlert it
A
Count
.
y
B. 1. City, town, community or landmark -1613, /tA
2. Is proposed work within city limits? Yes No
C
C
'
i
.
ree
, r
ver, sound or bay upon which project is located or nearest named body of water to project
'
'
?1 /ar
I?U1
E'PSS (1n?4?
111. Description of Project ,
A. I - Maintenance of existing project 2. New work
B. Purpose of excavation or fill
1
1?
1. Access channel-.-
4 l
ength width depth ?:Z'
2. Boat basin At h? length width depth IDrC
3. Fill area length'
r_width depth
c j,L rp? O?rt??
4. Other N f?a length width depth
I
Bulkhead len
th A
d Q_FF 4010M()"
Till
.
g
verage
ist nce waterward of MHW (shoreline)
2. Type of bulkhead construction (material) Oq'w00t7 ?„_..
D. Excavated material (total f r project)
Z
1. Cubic yards A/
R 2. Type of material
E. 1: ill material to be placed below MHW (see also VI. A)
(
LSD CH
L
1. Cubic yards t
t 2. Type of material
IV. Land Type, Disposal Area, and Construction Equipment:
A. Dues the area to be excavated include any marshland
swam
s or oth
tl
d? Y
IV
,
p
er we
an No
es "?
B. Dues the disposal area include any marshland, swamps or other wetland? Yes ?
No ?
C. Disposal Area /S(OkAlrl gU /
/1(0g0
, ,
1. Location ,J
2• Do you claim title to disposal area?- %A'S
D. I- ill material source if fill is to be trucked in iq t?
1:. How will excavated material be entrapped and erosion controlled?
- r
I . I ylie of equipment to be used- /)r- •6ve e2 oz-
G. Will marshland be crossed in transporting equipment to project site? If yes, explain N0 '
/S7?6 /1r°?'!!!?`fI /tl
Jf?
i
i
`?:
uuenueu use Of t'roteet Area (Describe)
A. 1. Private NO //S45 131/¢a/N&-o /A/ NL-701 -Iq+ 1?en0. -
2. Commercial
3. Housing Development or Industrial
4. Other
f
B. 1. Lot size(s) N
2. Elevation of lob(s) above mean high water
3. Soil type and texture
4. Type of building facilities or structures
r..
5. Sewage disposal and/or waste water treatment A. Existing Planned
B. Describe
.6. 'Land Classification'(circle one) DEVELOPED TRANSITIONAL COMMUNITY RURAL
` CONSERVATION OTHER (See CAMA Local Land Use Plan Synopsis)
VI. Pertaining to Fill and Water Quality: seeivprr dN
A. Does the proposed project involve the placement of fill materials below mean high water? Yes)(" No_????rak`/° J
B. l.. Will any runoff or discharge enter adjacent waters as result of project activity or planned use of the
area following project completion? Yes_._No=
2. Type of discharge
3. Location of discharge
VII. Present rate of shoreline erosion (if known):
VIII. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
work in project area, if applicable:
IX I
-ong4h of time required io complete pioject.
X. In addition to the completed application form, the following items must be provided:
A. Attach a copy of the deed (with State application only) or other instrument under Wtq' h yjr?iht??s
claims title to the affected property. OR if applicant is not claiming to be the owner
1A`oPert
, 4 P y,
then forward a copy of the deed or other instrument under which the owner claims ti us,>v?, ten.) 195
permission from the owner to carry out the project on his land. VV
B. Attach an accurate work plat drawn to scale on 8% X 11" white paper see instructi OFFICE
•? „^?:;
details). Note: Original drawings preferred - only high quality copies accepted. WI1 PL1??Gj?Pi REl'I?JIe"L O 0FfI
C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or
certified mail or by publication (G.S. 113-229 (d))Enter date served
0. List names and complete addresses of the riparian landowners with property adjoining applicant's.
Such owners have 30 ays in which to submit comments to aggencies listed below.
?onN HA r lps /41 H.Cl.gnne Np u t," ?•?. below. ?D?, /tl.C. Y03
3 N. C 7R 1 - 1T,/ art it • -7a VA z
XI. Certification requirement: 1 certify that to the best of my knowledge, the proposed activity complies
with the State of North Carolina's approved coastal management program and will be conducted in a
manner consistent with such program.
XII. Any permit issued pursuant to this application will allow only the development described In this appli-
cation and plat. Applicants should therefore describe in the application and plat all anticipated devel-
opment activities, including construction, excavation, fillln and land clearing.
I B C f q?
DATEO ?j?%Z7/?? -- ????/??'r??1 k/0'1?
Applicant's Signature
o6F-82 SEE REVERSE SIDE FOR MAILING INSTRUCTIONS
Rev. 10/78
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NEW BULKHEAD
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at Channel Haven Subdivi .ion
near iyi IminV-ton, N. C.
New Hanover County
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