19870050 Ver 1_COMPLETE FILE_19870505

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 May 5, 1987 David W. Owens
S. Thomas Rhodes, Secretary Director
Certified Mail
Return Receipt Requested
Mr. J. Dean Cassidy
P. 0. Box 464
Windward Drive, Lot 51
Oriental, NC 28571
Dear Mr. Cassidy:
This letter. is in response to your application request for permits under
the Coastal Area Management Act (LAMA) and the State Dredge and Fill Law to
excavate a boat basin and an entrance channel at your property located off of
Whitaker Creek in Oriental, in.. Pamlico County. Processing of your
application, includi:,ng onsite investigation, is now complete.
Based on the foregoing investigation, the Division of Coastal Management
has made the following findings:
1) The proposed project would extend the length of the present 3000
foot canal system by a small but potentially. important amount when
considered in the cumulative;
2) Fish kills and dissolved oxygen violations, according to the
Division of Environmental Management, have occurred in the project
area canal;
3) The project area canal is a primary nursery area, so designated by
the Division of Marine Fisheries;
4) The Division of Marine Fisheries discourages excavation in primary
areas;
5) Approval of this and other basins could exercebate water quality
problems and reduce Whitaker Creek's utilization as a nursery area;
6) The necessary Section 401 Water Quality Certification has been
denied by the Division of Environmental Management;
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
? .t

Mr. J. Dean Cassidy
Page 2
May 5, 1987
7) The majority of the residential docking in the project area is by
small stationary or floating docks, paralleling the shore;
8) Because of items 1-7, the project is determined to be inconsistent
with the following partial listing of Rules of the Coastal Resources
Commission:
a) NCAC 15 7H.0208(a)(2)(B) requires, that prior to permit
issuance, the permit-letting authority find no suitable
alternative exists and that the applicant has selected a
combination of sites and design that will have a minimum
adverse impact on nursery areas, and
b) NCAC 15 7H.0208 (a)(2)(c) requires that development not violate
water quality standards. The proposal is also determined to be
in conflict with N.C.G.S. 113-229(e)(5) which provides for
permit denial if the project would have an adverse impact on
estuarine resources.
Given the foregoing findings, it is necessary that your request for
permits under the Coastal Area Management Act and the State Dredge and Fill
Law be denied. This denial is made under N.C.G.S. 113A-229(e)(5), which
provides for permit denial upon finding a significant adverse impact on
estuarine resources; G. S. 113A-120(2), which requires CAMA permit denial when
the project is found to be inconsistent with the State Dredge and Fi 11 Law,
and G. S. 113A-120(8), which requires denial of projects inconsistent with the
State Guidelines for Areas of Environmental Concern.
If you wish to appeal this denial, you are entitled to a quasi-judicial
hearing to challenge the factual findings or legal conclusions regarding this
denial. A hearing is similar to a trial, involving appearing before a hearing
officer who listens to the evidence and arguments of both parties and then
makes a recommendation to the Coastal Resources Commission. A decision by the
Commission, adverse to you, may be appealed in the courts. Your request for
such a hearing must be in the form of a written petition, complying with the
requirements of Chapter 150B of the General Statutes of North Carolina, and
must be filed with the Office of Administrative Hearings, P. 0. Drawer 11666,
Raleigh, N. C. 27604. The request for a hearing must be submitted to the
Office of Administrative Hearings within twenty days of receipt of this
letter. A copy of this petition should be filed with this office. Enclosed,
please find a petition which may be used for your hearing request.
If you request a hearing, you may have a choice of hearing officers,
either a hearing officer of the Office of Administrative Hearings, or a
hearing officer selected by the CRC (usually a member of the CRC). Unless you
waive your right to a hearing before the Office of Administrative Hearings,
the hearing will be conducted by a hearing officer of that agency. If you
prefer to have your hearing before a hearing officer of the CRC, you must sign
the "Waiver" contained in the enclosed petition form.

Mr. J. Dean Cassidy
Page 3
May 5, 1987
Also, you should be advised that as long as this State permit denial
stands, your project must be deemed inconsistent with the N. C. Coastal
Management program, thereby precluding issuance of Federal permits for this
project. The Federal Coastal Zone Management Act of 1972 (CZMA) gives the
right to appeal this finding to the U. S. Secretary of Commerce, within 30
days of receipt of this letter. Your appeal must be based on the grounds that
the proposed activity is (1) consistent with the objectives or purposes of the
CZMA, or (2) is necessary in the interest of national security, and thus, may
be federally approved.
If you have any questions concerning the appeal procedure, please contact
Mr. Ralph Cantral, at 919/733-2293, P. 0. Box 27687, Raleigh, NC 27611.
Sincerely,
6 avid W. Owens
DWO/aw
cc: Mr. Peter Tweedt, Director
U. S. Department of Commerce
Washington, D. C.
Colonel Paul W. Woodbury
Corps of Engineers
Wilmington, N. C.

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, Govemor R. Paul Wilms
S. Thomas Rhodes, Secretary April 7, 1987 Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. J. Dean Cassidy
Lot 51, Windward Drive
P. O. Box 464
Oriental, North Carolina 28571
Subject: Application for Water
Quality Certification
J. Dean Cassidy
Pamlico County
Dear Mr. Cassidy:
Your application dated December 31, 1986 for a Water
Quality Certification under Section 401 of the Federal Clean
Water Act as Amended has been reviewed by our staff. Your
proposal is to construct a boat basin and access canal to
connect to an existing 3000-foot long canal. The issuance
of a Water Quality Certification is a finding by this
Division that the proposed activity will not cause a
violation of water quality standards or discharge
guidelines.
There is a particular aspect of the project which
causes us considerable concern as to the effect on water
quality standards in these waters. The extension of the
existing long, dead-end canal system will further reduce the
opportunity for this water to be adequately mixed and
flushed. Fish kills and dissolved oxygen violations have
already occurred in the 3000 foot canal due to stagnant
water.
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]

a- j 4W 'N
Mr. J. Dean Cassidy
Page 2
April 7, 1987
Because of the reasons cited above, I have concluded
that the proposed project should not be certified. Your
application for a Water Quality Certification is hereby
denied. Should you redesign the project in such a manner as
to satisfy our concerns for water quality protection, I will
reconsider this denial. It is suggested that you work
closely with our Washington Regional Office in any redesign
of the proposed project and further details which would be
needed.
You do have the right to a review by the Environmental
Management Commission, if the denial is unacceptable to you.
Your request for Commission review must be in writing,
identifying the specific items to be contended, within 10
days of your receipt of this denial. If you have any
questions concerning this matter, please contact Mr. Bill
Mills at 919/733-5083.
Sincerely,
GIRiGINAL SIGNED BY
R. PAUL 0/11-M S
R. Paul Wilms
cc: George Everett
Dennis Ramsey
Washington Regional Office
David Owens
April 7, 1987
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. J. Dean Cassidy
Lot 51, Windward Drive
P. O. Box 464
Oriental, North Carolina
Dear Mr. Cassidy:
28571
Subject: Application for Water
Quality Certification
J. Dean Cassidy
Pamlico County
Your application dated December 31, 1986 for a Water
Quality Certification under Section 401 of the Federal Clean
Water Act as Amended has been reviewed by our staff. Your
proposal is to construct a boat basin and access canal to
connect to an existing 3000-foot long canal. The issuance
of a Water Quality Certification is a finding by this
Division that the proposed activity will not cause a
violation of water quality standards or discharge
guidelines.
There is a particular aspect of the project which
causes us considerable concern as to the effect on water
quality standards in these waters. The extension of the
existing long, dead-end canal system will further reduce the
opportunity for this water to be adequately mixed and
flushed. Fish kills and dissolved oxygen violations have
already occurred in the 3000 foot canal due to stagnant
water.

Mr. J. Dean Cassidy
Page 2
April 7, 1987

Because of the reasons cited above, I have concluded
that the proposed project should not be certified. Your
application for a Water Quality Certification is hereby
denied. Should you redesign the project in such a manner as
to satisfy our concerns for water quality protection, I will
reconsider this denial. It is suggested that you work
closely with our Washington Regional Office in any redesign
of the proposed project and further details which would be
needed.
You do have the right to a review by the Environmental
Management Commission, if the denial is unacceptable to you.
Your request for Commission review must be in writing,
identifying the specific items to be contended, within 10
days of your receipt of this denial. If you have any
questions concerning this matter, please contact Mr. Bill
Mills at 919/733-5083.
Sincerely,
ORIGINAL SIGNED By
R. PAUL WILMS
R. Paul Wilms
cc: George Everett
Dennis Ramsey
Washington Regional Office
David Owens

s?
NKDATA DF/CAMA/401 REV DATE:: 03/20/87
ACTION ) INV FILE ) DF"CAMA401 PSWD > FORMAT ) NRDFCAMA NE XT RCD ) 00190
RECORD HAS BEEN CHANGED. RECORD Na 0039 FRD DATA
PRO J 001 89 PR0 J : CASS I: DY , DEAN COUNTY: PAi`iL I CO REGION: 0
A;: S' 1:(.*, Ni:::I) t'C3: W..JM Opt, JOINT NOTICE: N
TYPE CERTIFICATION RECOMMENDATION DATES YyMMDD
404 PN : 401 RED: ISSUE: RECEIVED : 1:370204
LAMA ONLY: GC: DENY: Y INITIAL REPORT: 870224
DF'/ MAMA : Y GC: HOLD: FINAL RE PORT: 870320
RECEIVING STREAM: UT-WH I:TAKE::R CREEK CLASS: SA BASIN: NEU
COMMENTS:
SITE LOCATED AT SE A VISTA SUBDIVISION
APPLICANT OWNS 1 /2 ACHE LOT ADJACENT TO A MAN-MADE CANAl
PROPOSAL. TO CONSTR UCT A 50 X 15 X 4.5 DEEP BOAT BASIN AND A 40 X 15 X 4.5 DEEP
ACCESS CHANNEL.. IN THE CANAL
SAN--MADE CANAL IS APPROX. 3000 L.F° LONG WITH ONE RIGHT ANGLE; D.O. VIOLATIONS
AND FISH KILLS HAVE OCCURRED IN THE EXISTING CANAL SYSTEM
AREAS FOR BOATING ACCESS AND DOCKING EXIST IN THE CANAL.. WITHOUT F URTHER
EXCAVATION-.-PRO POSED PROJECT WILL RESULT IN WATER QUALITY STD. VIOLATIONS
RECOMMEND DENIAL O F 401
COPIES: WARD-_CENTR AL-MILLS-PAUL
CEIN/F
MAR 2 3 1'87
IVA in. wum if UPON
k-

DF/CAMA/40i REV DATE 02 /24/8'7
ADD FIL E ' ,; ..' :.. ,,. W; : i FORMAT > . , , :..' I' . , •; tt i A ;''.i , i i + , 0Cyr i
A?TTSN ADD, ENTER .i! A A REC. ADD ED 1. .:.:.: 0018a F RD DATA

ASS! 6NED T O WjM &4? JOINT NOTICE 'N
:

:...
CERTIFICATION
RECOMMENDATIO
N .li°ftk:. ,. r?
''{' 1'? D,
404 PN: 40i RREQ: ISSUE: RECEIVED; }
iC'1.:
c.;r?i}A ONLY: t
GC; y,lPi...!'jND DIKE ,:CJEr:!Y: t`!T (fL REPORT: ;70224

'`ECG:: I INGr STREAM : UT....WH.?. AK1: R GREEK L.:L..AsS: S{'•".) X.IA M- NEU

RETE LOCAfED AT SEA VISTA SUBDIVISION
APPLICANT ...'!''i.. 1 /2 ACRE LOT i"i.l)... ........:''•i..'.. ..4.... A MAN-MADE CANA]
PROPOSAL TO CONS TRUCT A 50 V 15 X 4.5 DEEP BOAT BAS IN AND A 40 X Q X 4. 5 DEEF,
ACCESS CHANNE L IN THE CANA?
ADDITIONAL COMME NTS ....,•)S!.Li'It.:r

M14-C-5
' - yvaa7 I.V •f i. i..1
1. Applicant's nave J. Dean Cassidy
2. Location of project site Lot 51 Block D, Sea Vista Subdivision
Oriental, Pamlico. Co. Photo ref. 52-1236-B-17
3. Investigation type: Dredge & Fill x CAltA x 9s
4. Investigative procedure: (A) Dates of site visit 12/9/86 ?A oc'
(B)-Was applicant present No g
=17 0;
5. Processing procedure: Application received 1/6/87 Office Arelii d `City
y
6. Site description: (A) Local Land Use Plan oriental
Land cInssification from LUi'--Tzan.sit..iQnalLComs?erv-ation_.____
Development constraints identi lied in 1.11F None identified

(B) AEC(s) involved: Ocean Hazard Estuarine shoreline x
Coastal wetlands Public trust waters x
Estuarine waters x Other
(C) Water dependent: Yes x No Other
(D) Intended use: Public - Private x Commercial
(E) Type of waste water treatment': Existing m,gw n??stPm
Planned None
(F) Type of structures; E::i.sting None
Planned Residence
(G) Estimated annual rate of erosion- n/ a Source nIa
_ •
7. Habitat description: AREA
(A) . Vegetated wetlands: Dredged f Filled Other
.
(B) Ikon-vegetated wetlands:
Man-made canal 900 SF
bottom .(channel.)
(C) Other:
High Ground (basin) 750 SF
(Spoil) 3000_5.x__
(D)/ Total area disturbed: 4650 SF
Proj"ect siuwn•:ary Aoplicant Proposesa boat b ES -] a the head of the
___ canals of Whittaker Creek located at lot 51, Block D, Sea Vista .-
Subdivision, Oriental_,,___ EjDj ico_Co.
---r{---- - - -
.9.
10.
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Narrative description
Applicant's property is a h acre lot located next to .
Whitaker Creek at Lot 51 Block D of the Sea Vista Subdivision
in Oriental in'Pamlico County. The property is located
further as being off. NC 55 on the road that. leads to the
Whitaker Creek marina in the vicinity of the water tank.
Property is currently undeveloped and has elevations of
6-7'. Vegetation includes mature nines and mixed hardwoods
and the soil composition is a sandy clay. The shoreline
of the property is rather small, approximately 35' and
this is configured in a steep bank, along which is no
marsh vegetation.
The applicant is proposing to excavate a 50' long basin
into the property and this basin will be 151 wide. -The
basin will be 10' from the adjacent property lines on
either side and will be bulkheaded both along the shoreline
and within the perimeter of the basin. Spoil will be
placed on the upland portions-of the lot.
Anticipated Impacts
There are no known shellfish resources in this area,
however, this area is closed to shell fishing.
Conducting this project as proposed will involve the
excavation of 750 sq. ft. of high ground and 900 sa. ft.
of the adjacent man-made canal bottom, and will produce
approximately 350 cu. yds. of spoil material. The highland
portions of the lot where the spoil is to be'spread will, .
have approximately 3000 sq. ft. disturbed in the spreading
of the spoil material. The bulkhead lengths will total
135' and where this borders the canal will be placed
immediately adjacent to the existing bank.
Whitaker Creek is classified as a primary' nursery area by
the Division of Marine Fisheries and is also classifed
as SA according to the Division of Environmental Management.
Submitted by: Nelson G. Paul
`t
Date: January 16, 1987
APPLICATION
FOR
• . PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERTIFICSI IION
'1 J1
EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT
Department of Administration State of North Carolina Depa ant of tin Army _
(GS 146.12) Department of Natural Resources and Community Development Corps o? Erttlneers. Wilmlfi=tots Obt*t
(GS 113-229, 143.21S.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 in blank.
1. Applicant Information
A. Name Cassidy J. Doan
Last First Middle
B. Address a ve P O Box464 -=- ,
Street, P. O. Box or Route
' Oriental N. C. 28571 249.0717
City or Town State Zip Code Phone
II. Location of Proposed Project:
P
amlico
A. County
B. 1. City. town, community or landmark Sea Vista Subdiv. , Oriental, N. C.
2. Is proposed work within city limits? Yes X No
C_ Creek. river, sound or bay upon which project is located or nearest named bod y of water to project - A canal
off Whitaker Creek near Neuse River
111. Description of Project
A. 1. Maintenance of existing project 2. New work X
$. 'Purpose of excavation or fill ,
1. Access channel length 40_width 1_.5 depth 1.5 below sea level
2. Boat basin length 50 -width 15 depth 4.5 below sea eve
3. Fill area length width_depth
4. Other length width depth ft- Cr 1. Bulkhead length l Average distance waterward of h1H%V (shoreline) build at line of bank
2. Type of bulkhead construction (material) Treated Wood with filter cloth
D. Excavated material (total for project)
1. Cubic yards 275 2. Type of material Clay and sand
E. Fill material to be placed below MffW (see also V1. A)
1. Cubic yards none 2. Type of material
IV. Land Type, Disposal Area, and Construction Equipment:
A. Does the area to be excavated include any marshland, swamps or other wetland? Yes No X
B. -Does the disposal area include any marshland, swamps or other wetland? Yes . No X
G Disposal Area On high ground of lot 51
1. Location
2. Do you claim title to disposal area! Yes
D. Fill -material source if fill is to be trucked in none -
E. flow will excavated material been trapped and erosion controlled? Si 1 t fence along edge
disturbed -area
F: Type of equipment to he used Dra 1i no and back hoe and bulldozer or SPvca i tt9
G. Will marshland be crossed in transporting equipment to project site? If yes, explain No
I
DA F-01 t `
Rev. 10178 t '
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V. , Intended Use of ProXxt Area (Desaibe)
' A. 1. Private
2. Commercial ?•?.?
3. Housing Development or Industrial
4. Other
8. 1. Lot size(s) About one half Acre
2 Elevation of lot(s) above mean high watu 4• to 7 feet
3. Soil type and texture Loam -
4. Type of building facilities or structures none at thi.s time but n1nn-c; nrn for-
a single family dwelling
5. Sewage disposalyd/or waste water treatment A. Existing Planned
8. Describe Tnsvn of n,-;eutpl mu11iL•]LP_AJ Sewer -,;ystnm
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:
A. Does the proposed project involve the placement of fill materials below mean high water? Yes No X
8. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following project completion? Yes_ NoX
2. Type of discharge None - -
3. Location of discharge
V11. Present rate of shoreline erosion (if known): None or very slight
Vlll. List permit numbers and issue dates of prevVsslDeepartment of Army Corps of Engineers or State permits for
work in project area, if applicable: 1V -
IX. Length of time required to complete project: 6 months
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.
6. Attach an accurate work plat drawn to scale on 8%: 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 tegistered or
certified mail or by publication (G.S. 113-229 (d))Enter date served December 31, 1 286
D. List names and complete addresses of the riparian landowners with property adjoining applicant's.
Such owners have 30 days in which to submit comments to agencies listed below.
M7. Edward N Mildahal 317• Westbrook Drive, Carrboro. N. C. 27510
Mr. Gary Leonai-d PO Box 338, Oriental, N', C, 28571
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, filling, and land clearing.
r; /J l
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DATA December 31r 1986
I Appli nt's Signature lC,,.'?? ???"/OaF:•82 SEE REVERSE SIDE FOR MAILING INSTRUCTIONS
Raw. 10175

LOCATION MAP

W
V
vJ /
ORIENTAL
,VALE /f -4,000
?-
O / 2 3 4 5
FEFT - THOUSANDS v' 1
S/TE PLAN /
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Z
W.
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t7
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•?,, 15 x 30 P ,v3 . 45, ??
• ?'F E SSip72 '`?`?` -3.5
: O
•
S A SCALE / /Op'
y 6 32 IVCTESa£LEVATIONS ARE SHOAW IN FEET; ABOVEIt/ AND BEL0Wt-I SEA LEVEL.
• 6 WA TER DEPTH IS FROM SOUNDINGS BY M£, CORREC TED TO N G V D.
A¢C?
••, hl •`S REFERENCE: A MAP FOR 'SEA VISTA'SU©DIv/SIGN, BLOCK D,'
••'••..• ...••••••.
Mar dF FOUND hV SOOK S, PAGE 84 OF THE PAM., ICO CO., REGISTRY.
BY A. HUGH HARRIS, JR. LOCATION MAP AND SITE PLAN FOR
Professional. Engineer - R. L . S .
ORIENTAL , N. C. t/. DEAD/ CA SID /
SHEET / of 2
DECEI','E_:R 19, 1986 TOHINSHIP 2 PAMLICO CMA'TY, NO.
52
i
i

SECTION A-A
-?,- /5" -
SEA LEVEL >I
..c,
4.5'
SECT/ON B"B
BACK
2
PROPOSE) LK
' BULKHEAD lit
?' E.YC?1 VA TE K7 "?? !lR..:GL/NE
See no/ea OR BACKHGE.
CROSS SECT/ON OF FRcposED BAS/N
NOTES- • BULKHEAD DESIGN SdPPLIED BY OWNER. • BULKHEAO TO BE CONNECTED TO VEIGH&ORS
BULKHEAD O/'/ IWORrHEAST SIDE AND CARR/ED TV PROPERTY L/NE ON SOLlTHwEST S/DE.
• BULKHEAD TO Be L/NED W;TW FILTER CLOTH Tq FREVEi/T S/LT INFILTRATION.
• EXCAVATE ONLY 70 /L'QTURAL DEPTH OF CANAL, 4.5.
• AfiVWOE GR.:DIENT ALONG Borra f TO CHANNE_ OF CANAL.
• DISTURBED SO/L To BE ESr46U5HED WITH GRASS.
.s

0
.. I+
SEA L.
.5 4.5" _-
EXIST,'NG CANAL BOTTOM ---
n
?• ' Co r'••., CROSS sE`c
C•.?,? /'j
T/ON OF CANAL
??ss,oti •., y •.
0
4 SEAL ••
i 6532
6Y A. HUGH HARRIS, ?R.
Professiono/ Engineer - R.L.S.
ORIENTAL , N. C.
SHEET 2 of 2
DFCEVSER 19, . 1986
CROSS SECT/ON DETAILS FOR
/RAL GRACE-

SCALE . / /O
d. DEAN CASS/DY '
TOdAVI?'SH/P 2 PAMLICO COUNTY, N. C.

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