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HomeMy WebLinkAbout20061140 Ver 1_COMPLETE FILE_20060713Permit Class NEW STATE OF NORTH CAROLINA Department of Environment and Natural Resources and SEP 14 2006 Coastal Resources Commission Vertutt for Permit Number 154-06 () LV - I14 0 UENR-WATER QUALITY X Major Development in an Area of Environmental Concern WER"SANDSTQRMWATE BW4CH pursuant to NCGS I I3A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Kennels Beach Improvement Assoc., c/o Lena Norris, 573 James Norris Rd., Angier, NC 27501 Authorizing development in Pamlico County at Neuse River, NC 1111, Grantsboro , as requested in the permittee's application dated 5/17/06, including the attached workplzn drawings (3) all dated 2/10/06. This permit, issued on Septentber 13, 2006 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 be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Swimming Pier 1) Unless specifically altered herein, this permit authorizes only the 5 ft. x 51 ft. pier terminating in a 10 ft. x 20 ft. platform, all as expressly and specifically set forth in the attached permit application and workplan drawings. No other structure, whether floating or stationary, shall become a permanent part of this pier without permit modification. No non-water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. 2) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. (See attached sheets for Additional Conditions) 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 shall 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 Division approval. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. Charles S. Jones, Director Division of Coastal Management All work shall cease when the permit expires on This permit and its conditions are hereby accepted. S December 31, 2009 f In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee Kennels Beach Improvement Assoc., c/o Lena Norris Permit # 154-06 Page 2 of 2 ADDITIONAL CONDITIONS 3) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he or she abandons the permitted activity without having it transferred to a third party. 4) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury that may be caused from existing or future operations undertaken by the United States in the public interest. 5) This permit does not authorize the creation of any additional boat slips. The addition of tie-downs, pilings, or other formal mooring structures shall require modification of this permit. General 6) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 7) No vegetated wetlands or open water areas shall be excavated or filled, even temporarily. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division of Coastal Management at (252) 808-2808 prior to the commencement of any such activity for this determination. The permittee is further advised that, in accordance with the rules of the Environmental Management Commission, many non-water dependent activities are not authorized within 50 feet of the normal water level or landward edge of any coastal wetlands, which ever is more restrictive. Contact the Division of Water Quality at (252) 946-6481 for project specific clarification. NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3400 (DWQ Project No. 061140), which was issued on 7/28/06. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No. 197800056 (COE ORM No. SAW-2006-154272-169) which was issued on 7/21/06. reviews 1 of 1 Subject: reviews From: Kyle Barnes <Kyle.13arnes@ncmail.net> Date: Mon, 31 Jul 2006 14:07:31 -0400 To: Ian McMillan <ian.mcmillan@ncmail.net> 06-1111 Tale of the Whale, Inc Dare 7/12/2006 07/26/06 CAMA/MJ Issue normal conditions 06-1140 Kennels Beach Pier Pamlico 7/13/2006 07/28/06 CAMA/MJ GC 3490: Meets conditions, No written concurrence needed 06-0962 Charles Robinson Pasquotank 6/13/2006 07/28/06 LAMA/MJ Issue normal conditions under the GC 3400 KB 7/31/2006 2:09 PM A r NC®ENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary July 11, 2006 MEMORANDUM: `, 03d TO: Ms. Cyndi Karoly Environmental Biological Supervisor Division of Water Quality FROM: Doug Huggett Major Permits Processing Coordinator 2 0 0 6 1 1 4 0 JUL 1 U zoos UENR - "'ArER QUALITY i4ET?g1JpS ,O STOIVIATEIt awGH SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Kennels Beach Improvement Association Project Location: Pamlico County: Adjacent to the Neuse River at the terminus of SR 1114, Grantsboro, NC. Proposed Project: The applicant proposes to construct a 5' x 51' pier to a 10' x 20' platform. Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 01, 2006. If you have any questions regarding the proposed project, please contact Stephen Lane at (252) 808-2808. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. SIGNED DATE 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper 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. C " Development Typo FEE °/. DCM (14300 1601 435100093 1625 6253 DWQ % 243001602 435100095 2341 WIN - "; STIR a 77 1. Private, non-commorcial development that does not involve $250 100°6 ($250) 0% (SO) ' the filling or excavation of any wetlands or open water areas: ?" - i It. Public or commercial development , that does not involve the filling or $400 100%($400) 0% (SO) excavation of any wetlands or open water areas: III. For development that involves the - filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, B. C, or D below applies: III(A). For Private, non-commercial development, If General water Quality $250 100°ro (5250) 0°0 (SO) Certification No.3301 (see attached) can be applied: III(B): For public or commercial development, if General water Quality $400 100°: (5400) 0°0 (SO) Certification No.3301 (see attached) i ' can be applied: st III(C). If General Water Quality Certification No. 3301 (see attached) ' could be applied, but DCM staff determined that additional review and 5400 60°0 ($240) 40°6 (5160) written DWQ concurrence is needed , because of concems related to water quality or aquatic life: III(D). If General Water Quality Certification No. 3301 (see attached) 5400 60%($240) 40% (5160) can not be applied: a _ IV. For development that involves the filling and/or excavation of more $475 60°,e (5285) 40°0 (5190) _ than one acre of wetlands andlor open water areas: 4 1 f DIVISION Or COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Kennels Beach Improvement Association, Inc. 2. LOCATION OF PROJECT SITE: To access the project site follow Hwy 55 east to the community of Reelsboro. Turn right onto SR1005(Neuse Road), go approximately 6.4 miles, then turn right onto SR1101 and follow the road to Kennels Beach Road(SR1114). Turn right onto Kennels Beach Road and go 1.6 miles to the terminus of the road and the project is on the left adjacent to the Neuse River in Pamlico County. Photo Index - 2000: 215-910 (L,16) 1995: 74-822 (G-4) State Plane Coordinates - X: 2,628,370 Y: 470,608 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visits -May 23, 2006 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received Complete: May 19, 2006 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Pamlico County Land Classification From LUP - Rural with Services/Cgnservation (B) AEC(s) Involved: EW, PTA (C) Water Dependent: Yes (D) Intended Use: Community (E) Wastewater Treatment: Existing - None Planned - None (F) Type of Structures: Existing - 2 docks, 1 boat ramp with catwalks, 3 groins, bulkhead, riprap Planned - 1 dock for children's swimming area to replace previous dock (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] (A) Open Water 471 sq. ft. usurped, of which 471 sq. ft. is shaded (D) Total Area Disturbed: 471 sq. ft. (E) Primary Nursery Area: No (F) Water Classification: SB; SW, NSW Open: No 8. PROJECT SUMMARY: The applicant proposes to construct a 5' x 51' pier to a 10' x 20' platform. FIELD INVESTIGATION REPORT: KENNELS BEACH ITNIPROVENIENT ASSOCIATION, INC. PAGE 42 9. NARRATIVE DESCRIPTION: Project Setting The project is located in the community of Kennels Beach, Pamlico County. To access the site, head cast on Hwy 55 to the community of Reelsboro. Turn right onto SR1005(Neuse Road), go approximately 6.4 miles, then turn right onto SRI 101 and follow the road to Kennels Beach Road(SR1114). Turn right onto Kennels Beach Road and go 1.6 miles to the terminus of the road and the project is on the left. 'T'ile site is a waterfront lot that is leased to the Kennels Beach Improvement Association, Inc for water access to the Neuse River by the off-water residents of the Kennels Beacli community. The lot encompasses 0.31 acres and is adjacent to the Neuse River and Duck Creek. The property has an elevation of approximately 3' above the NWL. The majority Of the lot is covered with sod grass, however, there are a few loblolly pine and live oak trees on the property. The shoreline has been hardened along its length with a bulkhead. Approximately 150 linear feet of riprap has been placed in front of the bulkhead at the north end of the property. A colitiriunity docking facility with 10 boat slips was constructed in the late 1990's under State Permit 6-99, however, the finger piers at the docking facility were destroyed by storms since then and no longer exist. A second pier for the exclusive use of James and Lena Norris was rebuilt in 2005 on the north end of the property and projects out into Duck Creek. Other structures on the property include a concrete boat rainp with catwalks on either side and three wooden groins. A 100' x210' swiinining area is Outlined with mooring pilings and roped off to keep boats away from the children who use the area. The swimming area is located approximately 100' south of the existing community docking facility. The swimming area was established prior to the LAMA regulations. A 5' x 30' pier previously existed in the swimming area, however, it was destroyed by Hurricanes Isabel and Opllelia. There are no wetlands present in front of the shoreline stabilization measures. The property is approximately 572 feet in length along the shoreline. The Neuse River is classified SB; SW and NSW by the EMC in the area of the proposed construction. The Neuse River is not classified by the Division of Marine Fisheries as a Primary or Secondary Nursery Area and it is closed to shellfishing by the Shellfish Sanitation Section of the Division of Environmental Health. Water depths in the area of the proposed pier range from -1' to -3' below the NWL. The Neuse River is greater than three miles wide in the project vicinity. No SAV's were observed in the project area during the site visit. The river bottom substrate is composed of sand in the project location. The Pamlico County Land Use Plan classifies the site as Rural with Services, with all AECs classified as Conservation. Project Proposal The applicant proposes to construct a 5'4" x 51' access pier to a 10' x 20' platform to replace the previously existing pier within an existing designated swimming area. The proposed dock is to be constructed of precast concrete panels. The dock would project a maximum of 61' beyond the existing shoreline but would be within the existing pier head alignment. The pier would not create any additional boat slips. The pier would be located approximately in the center of the lot and would be over 220' from the northern riparian line and 320' from the southern riparian line. The water depth at the end of the proposed pier -3.2' below the NWL. I? FIELD INVESTIGATION REPORT: KENNELS BEACH IMPROVEMENT ASSOCIATION, INC. PAGE U Anticipated Impacts The proposed access pier would usurp an additional 471 sq. ft. of Estuarine Waters and Public Trust Areas of the Neuse River and would shade 471 sq. ft. of shallow water habitat. The construction of the proposed pier would result in a total of 1,255 square feet of platform area on the 572' lot. The pier would not exceed the existing pier head alignment and would not extend greater than 1/4 the distance'into the river, nor would it extend into the navigable channel. A localized and temporary increase in turbidity can be expected during the in-water construction portion of the pier. No additional boat slips would be created by the construction of the.pier. The community use of the property would remain the same. This proposal necessitates a major permit because of the resulting multiple piers on the property. Submitted by: Stephen Lane -Morehead City District - July 5, 2006 Dennis Fornes Sr Associates Professional Land SurvEying Boundan, Sun,eti•s Flood Insurance Sun•eps 404 l i"etland Sun-evs Construction Sun-eying Subdivision Design & Sume1•s CmnputerMapping& Drafting Telephone. (252) 249-0433, Dat• or Night Far Line. (252) 249-2052 E-11ail. da/brnes{acoastalnetcmn Mai, 16. 2006 Mr. Stephen Lane Division of Coastal Management 400 Commerce Ave. Morehead City, N.C. 28557 Subject: Kennels Beach Improvement Association Application to construct recreational pier Dear Stephen: I am sending you the revised forms 6 drawing revisions/additions that we discussed by telephone about two weeks ago. I am also including the signed receipts for the copies of the applications mailed to the Riparian owners (Disney & Wren). In addition I am sending a check in the amount of $250.00 for the application fees associated with this project. Thank you for your continued assistance in this matter. Sincerely, Dennis Fornes, PLS Copies: Lena Norris 573 James Norris Rd. Angier, N.C. 27501 Representing Kennels Beach Improvement Association Fornes 9 Associates, P.O. Box 12947, New Bern, N. C. 23561 Form DCM-MP-1 A'F`PL1mU"ATff0N1-. (To be completed by all applicants) 20061 1 40 b. City, town community or landmark I / r. r u aG? LO d .1 t 1. APPLICANT a. Landowner: road number c. Street addres;?ary Name Keuvteks ik".. 1 v nSOG. Tt'tiG . Address 01, L evta aOrri 5 511':j A wt C S "C:q rr-t 5 (? . City '101tk 41 if C State Q Zip 'Z'1501 Day Phone °JI ?fl • 4 Gb?IG Fax 252.71!9 - o? b. Authorized Agent: Name l?earits 1s?rKCt ??? tas Address f© • 6o1C 12x41 City dew t&ro State L G- Zip to --CP 1 Day Phone 252. q -04e6 11 G-10 -4v& Fax 7_57_-?1{q • ?1? ? R>. r c. Project Tame if any) 50 Co rv't' v\ S cc-, t rot Frav e rot f v1? P?55'?t Iov\ N07F. Permit %Q be issued in name of landowner fs), and/or probed name. 2. LOCATION OF PROPOSED PROJECT i-awt?t G0 a. County d. Is proposed work within city limits or planning jurisdiction? Yes _, No e. Name of body of water nearest pro?lect (e.g.- river, creek, sound, bay) oe vSC, K t y ? ?" 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excav"T= /or fi ling activities. y? , P'O CD? l l Q "JO ? evt . b. Is the proposed activity maintenance of an existing project, new work, or both? ? levy WOr-K, c. Will the pro'ect be for public, private or commercial use? _ O b I I G d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If mores ace is needed, peas attach addition ages. se '2w%mAAtmq VIX 10? Revised 0.3M Form DCbi-MP-I 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract m. 51 ,i.4fr s b. Size of individual lot(s) U/ZA? c. Approximate elevation of tract above MHW or NWL ?- l m. Describe existing wastewater. treatment facilities. ` 60 n.. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges.) 1JONG d. Soil type(s) and texture(s) of tract o. Describe existing drinking water supply source. e. Vegetation on tract ?w ???`S f. Man-m a features now on tract lkq? &OP ? Zc 1 S. ADDITIONAL INFORMATION u ?4-I?. ? r*? ? n->- c?c?.?d. •? t n o h vrY g. What is the CAMA Land Use Plan land In addition to the completed application form, the classification of the site? (Consuls the local land mie plan.) following items must be submitted: i i l T ? rans ona t Conservation Developed Community ®A Dopy of the deed (with state application only) or Rural Other other instrument under which the applicant claims title to the affected properties. If the applicant is not h. How is the tract zoned by local government? 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 i. Is the proposed project consistent with the applicable from the owner to carry out the project. zoning? Yes No W (Aaach zoning compliance crrrifiaue, ljappli le) O An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale in black j. Has a professional archaeological assessment been ink on an 8 1/2" by 11" white paper. (Refer to done for the tract? Yes K No Coastal Resources Commission Rule 7J.0203 for a If yes, by whom? detailed description.) Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes X. No 1. Are there wetlands on the site? Yes K No Coastal (marsh) L30 Other If yes, has a delineation been conducted? (Attach doomsentation, if available) Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the Rertsed 03195 Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND A Stormwater Certification, if one is necessary. 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. Upon signing this form, the applicant further certifies that such notice has been provided. Name Address -1511 =Fur x-4111} CA-, Town Ll?- Phone Name NS . ??1a? 1-?a . W rest Address a??q u C r U.G. Phone Z7Q?3 Name Address Phone ® A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. 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 conditions and restrictions contained in the permit. I 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. I certify that I am authorized to grant, and do in fad, 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 knowledge. This is the 1 day of 051 t-f- z Print Name l eyiKys ?•?mr,n?? Signature K„?fY?s ?o?H L4ndowner or Awhorized .Agent -? ® A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. A signed AEC hazard notice for projects in oceanfront and inlet areas. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public land's, attach a statement documenting compliance with the North Carolina Environmental Policy Act. Please indicate attachments pertaining to your proposed project. DCM MP-2 Excavation and Fill Information DCM MP-3 Upland Development DCM MP-4 Structures Information DCM MP-5 Bridges and Culverts _ DCM MP-6 Marina Development NOTE. Please sign and date each attachment In the space provided at the bottom of each form. ReAsed 03/95 . © Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. 0 Print your name and address on the reverse so that we can return the card to you. ® Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: U 5, Joy C N tV% e- Q5 4 t? -1511 -(=za lr 41 l I s C) r, 1©w So 0 KAJ, A. Signature XAgent . 11 Addressee B. Received by (Printed Name) C. Date of Delivery D. Is n'tg? 1 frQ If r dCTvery address MAY 1 '1_Utl6 3. Se cb7yp-d Iizi b2Cj t? ttY L-) t ZI Certified Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? y 2. Article from m service label (transfer f 7005 1820 0004 6653 0865 PS Form 3811, February 2004 Domestic Return Receipt 102535-02-M-1540 ; o Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. A. Signature 1 `1"' I ? 1 1 ? - I ` X 1 is Print your name and address on the reverse so that we can return the card to you. B. R peived by Printed Name) o Attach this card to the back of the mailpieco, j1 1 ai7 f) ?? or on the front if space permits. _ _ .., 1. Article Addressed to: r I CIS, KJa I-'LVa }j. UjVc 4-7 zq qL"k Ker w Iisov ` "•I'. ??cl3 edt r ?e?i?ery? ? Agent ? Addressee C. Date of Deli ery Yes ss below:; , No . .x,'11 pW 1 9 '10'JF 3. Serve Typo Me n Re??M? C C ? (? l9 f7L? I& aQ??Retu m' gisBred ceipt fo o r r Merchandise se ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. (Transfer from rom service label) 7005 1820 0004 6653 0902 TFans PS Form 3811, February 2004 Domestic Return Receipt 102535-02-M-1540 Form DCbi-MP4 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 which relate to this proposed project. a. Dock(s) and/or Pier(s) (1) _Commercial < Community _ Private (2) Number l (3) Length iVIJ VIC5?s -re 6 (4) width 175 tn>-L V-wee? td x W, Te (5) Finger Piers Yes K No (i) Number (ii) Length (iii) Width (6) Platform(s) X, Yes No (i) Number t (ii) Length 2O' (iii) Width l0 t (7) Number of slips proposed ?d (8) Proximity of structure o adjacent riparian property lines ('fieVc,- --?o wor-V- (9) Width of water body ± 5 '? Mtl -G (10) Water depth at waterward end of pier at MLW or NWL 3.21 b. Boathouse (including covered lifts) U (1) Commercial Private (2) Length (3) Width c. Groin (e.g. wood, sheetpile, etc.) U/A (1) Number (2) Length(s) d. Breakwater (e.g. wood, sheetpile, etc.) 01A- (1) Length (2) Average distance from MHW, NWL or wetlands (3) Maximum distance beyond MHW, NWL or wetlands e. Mooring buoys ki/4, (1) _ Commercial -Community _ Private (2) Number (3) Description of buoy (Color, inscription, size, anchor, etc.) (4) Width of water body (5) Distance buoy(s) to be placed beyond shoreline f. Mooring structure (boatlift, mooring pilings, etc.) (1) - Commercial -Community _ Private (2) Number (3) Length (4) Width g. Other (Give complete description) KCrlvtGl,S ??? lM Orc?v-cn.<<wC >?OC? 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