HomeMy WebLinkAbout20061704 Ver 1_COMPLETE FILE_20061027O?OF W A T ?9pG
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O ?c
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek P.E., Director
Division ot? Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
December 22, 2006
Bald Eagle Development, LLC
Seahawk Development, LLC
c/o Mr. Scott Avent
1841 Newkirk Road
Wilmington, NC 28409
Subject: General 401 Water Quality Certification #3490
Arjean by the Sea Subdivision
Dear Mr. Avent:
DWQ Project # 061704
New Hanover County
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The Wilmington Regional Office received your application for a CAMA Major Permit from the Division
of Coastal Management on October 26, 2006. The impacts proposed are for constructing a community
docking facility for the proposed subdivision as described in your application. This Certification can also
be found on line at: http://h2o.enr.state.nc.us/ncwetIan(is/certs.html. You are authorized to proceed with
your project as proposed under General Water Quality Certification (WQC) # 3490 (enclosed). This
Certification allows you to use the CAMA Major Permit when the Division of Coastal Management
issues it. Written concurrence from the Division of Water Quality (DWQ) is not required provided that
you can meet all of the conditions of the General Water Quality Certification.
If at anytime during construction of your project you determine that you cannot meet these conditions or
if there are any additional impacts to wetlands or water quality not described in your application,
you must contact this office immediately.
If you have any questions concerning this matter, please do not hesitate to call me at (910)-796-7215.
Sincerely,
LAIC ?tL- Liti?'l .
f
Noelle Lutheran
Environmental Specialist III
Enclosure: GC 3490
cc: Greg Finch - Land Management Group
Dave Timpy - USACE Wilmington
Robb Mairs - DCM Wilmington
Doug I luggett, DCM Morehead City
Ian McMillan, DWQ 401 Oversight Unit
Central Files
WiRO
THIS IS NOT
A CAMA PERIVIIT
N. C. Division of Water Quality 127 Cardinal Drive Extension (910) 395-3900 Customer Service
Wilmington Regional Office Wilmington, NC 28405 (910) 350-2004 Fax 1 800 623-7748
One
An Equal Opportunity/Aff irmative Action Employer - 50% Recycled/10% Post Consumer Paper NorthCarohna
Naturally
WQC #3490
Lwlet L61
CAMA PERMIT 401 WATER QUALITY CERTIFICATION AND W I nS
a FEW, X7
QUALITY CONCURRENCE FOR SPECIFIED BOAT R PS U KHEADS SHADING'r
PIERS, MAINTENANCE DREDGING, UTILITY LINES ?L
GENERAL 401 WATER QUALITY CERTIFICATION FOR PROJECTS ELIGIBLE bR'
OF ENGINEERS GENERAL PERMIT NUMBER 198000291 (ISSUED TO THE NORTH
CAROLINA DIVISION OF COASTAL MANAGEMENT)
AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
This General Certification and written concurrence is issued in conformity with requirement of
Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North
Carolina Division of Water Quality Regulations in 15 NCAC 2H, Section .0500 and 15 NCAC 2B
.0200 for the discharge of fill material as described in General Permit 198000291 and for the
Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 2B .0200. This Certification replaces
Water Quality Certification Number 3351 issued on March 18, 2002. This Water Quality
Certification (WQC) is rescinded when the Corps of Engineers re-authorizes Regional General
Permit 0291 or when deemed appropriate by the Director of the Division of Water Quality (DWQ).
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217
if conducted in accordance with conditions hereinafter set forth.
Conditions of Certification:
Activities covered by this General Certification do not require written concurrence
from the Division of Water Quality as long as they comply with all conditions of
this General Certification, the CAMA Permit and General Permit 198000291. If any
condition in this Certification cannot be met, then the applicant is required to
submit an application and receive written concurrence from DWQ prior to beginning
work;
2. The following activities do not require written concurrence and do not require
payment of the 401 Water Quality Certification fee -
• Boat Ramps and associated access (i.e., roads and parking lots) that involve the
excavation or filling of less than 500 square feet total of wetland and open water
area, with the exception that the excavation or filling of coastal wetlands may not
exceed 100 square feet and except when associated with new marinas,
subdivisions and commercial development);
• Shoreline protection measures that tie into existing bulkheads, land or other
shoreline protection measures or do not extend waterward of the water line more
than 10 feet, provided that the activity will not involve the excavation or filling of
any SAV or shellfish resources and impacts less than 500 square feet of
vegetated wetlands or less than 100 square feet of coastal wetlands;
• Piers and docks designed to accommodate fewer than 10 vessels and the water
depth is greater than three feet;
• Maintenance dredging of less than 0.5 acres of water or non-vegetated wetlands
provided that the applicant can provide written documentation showing the
historic dimensions of the dredged channel, and no Submerged Aquatic
Vegetation or shellfish beds are excavated or filled;
• Projects that only involve shading of waters or wetlands;
• Utility lines, except wastewater lines and potable water discharge lines which are
subject to an NPDES Permit, as long as wetland or water impacts are temporary;
• Upland development which involves no more than 1/10 of an acre of excavation
or filling of non-coastal wetlands, with the exception that no more than 2,000
square feet of the non-coastal excavation or filling may take place within an Area
WQC #3490
of Environmental Concern. For the purposes of this area calculation, the
excavation or filling impacts of boat ramps, bulkheads or other shoreline
stabilization measures must be considered. The applicant must comply with all
applicable coastal stormwater rules;
Single family home construction that results in fill of 404 wetlands as long as
written concurrence is not required from DWQ for the applicable Corps of
Engineers Nationwide Permit.
3. Activities authorized by Coastal Area Management Act (CAMA) General permits do
not require written concurrence from the Division of Water Quality as long as they
comply with all other conditions of this General Certification;
4. In accordance with North Carolina General Statute Section 143-215.3D(e), any
request for written concurrence for a 401 Water Quality Certification must include the
appropriate fee. If a project also requires a CAMA Permit, one payment to both
agencies shall be submitted and will be the higher of the two fees. The fee shall be
collected and distributed between the two agencies by the Division of Coastal
Management;
5. This certification does not eliminate the need to obtain any additional permits,
approvals or authorizations that may be required. Specifically, the permitee shall
contact the North Carolina Division of Water Quality to determine consistency with
the Neuse or Tar-Pamlico Buffer Rules (15A NCAC 2B .0233 and .0259) (or any
other river basins with Buffer Rules in effect at the time of application). Activities
listed as "exempt" from these rules do not need to apply for written concurrence
under this Certification. New development activities located in the protected 50-foot
wide riparian areas (whether jurisdictional wetlands or not) within the Neuse and Tar-
Pamlico River Basins shall be limited to "uses" identified within and constructed in
accordance with 15A NCAC 2B .0233 and .0259. All new development shall be
located, designed, constructed, and maintained to have minimal disturbance to
protect water quality to the maximum extent practicable through the use of best
management practices. Activities listed as "exempt" from these rules do not need to
apply for written concurrence under this Certification;
Appropriate sediment and erosion control practices that equal or exceed those
outlined in the most recent edition of the "North Carolina Sediment and Erosion
Control Planning and Design Manual" or the "North Carolina Surface Mining Manual"
(available from the Division of Land Resources in the DENR Regional or Central
Offices) shall be utilized to prevent exceedances of the appropriate turbidity water
quality standard (50 NTU's in freshwater streams and rivers; 25 NTU's in all saltwater
classes, and all lakes and reservoirs);
7. All sediment and erosion control measures placed in wetlands or waters shall be
removed and the natural grade restored after the Division of Land Resources has
released the project;
8. If an environmental document is required, this Certification is not valid until a Finding
of No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State
Clearinghouse;
9. Measures shall be taken to prevent live or fresh concrete from coming into contact
with waters of the state until the concrete has hardened;
10. This General Certification is not applicable to a project where the Director of the
Division of Water Quality or the Director of the Division of Coastal Management have
WQC #3490
17. No Impacts Beyond those in Application
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or
riparianareas beyond the footprint of the impacts depicted in the Pre-construction
Notification. All construction activities, including the design, installation, operation,
and maintenance of sediment and erosion control Best Management Practices, shall
be performed so that no violations of state water quality standards, statutes, or rules
occur.
18. No Sediment and Erosion Control Measures in Wetlands
Sediment and erosion control measures shall not be placed in wetlands or waters to
the maximum extent practicable. If placement of sediment and erosion
controldevices in wetlands and waters is unavoidable, they shall be removed and the
natural grade restored within six months of the date that the Division of Land
Resources or locally delegated program has released the project.
Non-compliance with or violation of the conditions herein set forth by a specific fill project shall
result in revocation of this Certification for the project and may result in criminal and/or civil
penalties.
The Director of the North Carolina Division of Water Quality may require submission of a formal
application for Individual Certification for any project in this category of activity if it is determined
that the project is likely to have a significant adverse effect upon water quality including state or
federally listed endangered or threatened aquatic species or degrade the waters so that existing
uses of the wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality.
Effective date: 31 December 2004
DIVISION OF WATER QUALITY
By
Alan W. Klimek, P.E.
Director
WQC # 3490
WQC #3490
determined, based on an initial review of the application, that written concurrence is
needed because of concerns related to water quality or aquatic life.
11. Additional site-specific conditions may be added to projects which have applied for
CAMA major permits which are proposed under this Certification in order to ensure
compliance with all applicable water quality and effluent standards;
12. If written concurrence is required for this activity, DWQ shall be sent a written
notification within 30 days of completion of the wetland or stream impact or upon
expiration of the 404 Permit or 401 Certification. Such notification shall be sent to the
Central Office of the Division of Water Quality on the form provided with the
Certification, shall be accompanied by a map depicting the work completed, and shall
be signed by the land owner or other responsible party;
13. Applications for riprap groins proposed in accordance with 15A NCAC 07H .1401 (NC
Division of Coastal Management General Permit for construction of Wooden and
Riprap Groins in Estuarine and Public Trust Waters) must meet all the specific
conditions for design and construction specified in 15A NCAC 07H .1405.
14. Projects with any impacts to streams, wetlands, and/or waters that have received a
Notice of Violation from the Division of Land Resources and/or the Division of Water
Quality are required to submit a complete application and receive written concurrence
to use this Certification regardless of the proposed impact amount to streams,
wetlands, and waters.
15. When written concurrence is required, the applicant is required to use the most
recent version of the Certification of Completion form to notify DWQ when all work
included in the 401 Certification has been completed;
16. Standard Erosion and Sediment Control Practices:
Erosion and sediment control practices must be in full compliance with all
specifications governing the proper design, installation and operation and
maintenance of such Best Management Practices:
a. Erosion and sediment control measures for the project must be designed,
installed, operated, and maintained in accordance with the most recent version
of the North Carolina Sediment and Erosion Control Planning and Design
Manual.
b. Design, installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal, or exceed, the requirements
specified in the most recent version of the North Carolina Sediment and Erosion
Control Manual. The devices shall be maintained on all construction sites,
borrow sites, and waste pile (spoil) projects, including contractor-owned or
leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be
designed, installed, operated, and maintained in accordance with the most
recent version of the North Carolina Surface Mining Manual.
d. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
e. Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
Detallst
Project Number: 20061704 Version: 1 Status: ilssued LostActlon Desc: Project Issued
'Project Name: Arjeon By The Sea 'Project Type: (Other` r
Project Desc: community dock, pier access, floating dock, finger piers, eight boatllfls, boardwalk
'Owner: Avant, Scott I Details...
Received From: DCM COE ID: j Primary County 'New Hanover
n DOTTIP: •AdminRegion: Vilmington
Received Dt 11 012 712 0 0 6 " Reviewer: noelle.lutheran
I
Issued Di: 11 212112 0 0 6
.. ,_ . _ _•Beconda_ryCounly_____
Statutory Dt: ..
CAMA NEPAISEPAReceived Dt: j
DCM Of lce: DCM Wilmington Field Of lce' SW Plan Received Dt.
COE Office: Ington Regulatory Field Me ? SW Plan Approved Dt: Public Notice Published Dt ? J
Last Updated By. Ilourle.dennison SW Plan Location: Public Notice Received Dt:
Last Updated On: '11 013 012 0 0 6 Sewage Disposal: I P.N. Comment Period Ends Dt
Aknl?wj
-A C)[,-qC)q
NCDENR
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
n r~.a
r.
October 26, 2006 O(; 2, " lQufi
MEMORANDUM: JENR-wtrr HUUAII7Y
Mot ne nwG ?r+ .Vol AhAWMI
TO: Cyndi Karoly, Supervisor
401 Oversight & Express Permits Unit
Division of Water Quality-Surface Water Protection
FROM: Doug Huggett, Major Permits Coordinator
SUBJECT: CAMA Permit Application Review
Applicant: Bald Eagle Dev., LLC & Seahawk Dev., LLC (Arjean by the Sea)
Project Location: end of Sea Shell Ln., adjacent to Pages Creek, New Hanover Co.
Proposed Project: to construct a community docking facility with boardwalk, pier, floating
dock, finger piers and boatiifts to accommodate 8 slips for Arjean by the Sea Subdivision
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by November 18, 2006. If you have any questions regarding the proposed project,
please contact Robb Mairs at (910) 796-7423, when appropriate, in-depth comments with
supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
SIGNED DATE
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: 910-796-72151 FAX: 910-395-39641 Internet: www.nccoastaimanagement.net
An Equal opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
L APPLICANT'S NAME: Bald Eagle Development, LLC and Seahawk Development, LLC c/o Scott
PROJECT NAME: Arjean By The Sea
2. LOCATION OF PROJECT SITE: End of'Sca Shelf Lanc, adjacent to Pages Creek. III New I kmo\ ,r Comm.
Photo Index - 2006: 22-7428: A-13, 6-8 2000: No Coveraae 1989: 4-171-1 S- .T-.I, 16-19
State Plane Coordinates - X: 2369952 Y: 194314
Latitude: 34°16'39.44504"N Longitude: 77,16'.3 1.57797-W
3. INVESTIGATION TYPE: CAMA ROVER FILE 0 - 0-102; 16A
4. INVESTIGATIVE PROCEDURE: Dates ol'Site Visit- 6-20-06, 10-10-06 and 10-23-00
Was Applicant Present- Yes and aiucnt
5. PROCESSING PROCEDURE: Appliention Received - 10-1 1-06 (Completed)
Office - Wilminuton
6. SITE DESCRII'T[ON:
(A) I.,ocal Land Use Plan - New I lanover Comity
Land Classification From LUP - Resource Protection
(B) AEC(s) Involved: PT, EW, FS
(C) Water Dependent: Yes
(1)) Intended Use: Commercial/Private
(E) Wastewater Treatment: Existing - None
Planned - Septic
(F) "Type of Structures: Existing - Vacant parcels with culvert (24'x6') ti)r road crossing,
Planned - Community dock with access pier. floating clock, linger pier,. Ci_ht
boatlifts, and boardwalk Ior access to proposed mite-lot sUhdivl;loII.
(G) Estimated Annual Rate of Erosion: N/A
Son -cc - N/A
7
HABITAT DESCRIPTION:
jARF,A1
DREDGED I II.LI:D O I] IFR
8
(A) Ve?mated Wetlands (coastal wetlands) I SO sq. It
(shaded)
B
N
V
d W
l
(
)
on-
e-etate
et
ands incurporal??l
(O)en water)
j
2 110
(C) Other (l-lfound) 360 sq. It.
(D) Total Area Disturbed: 3,050 sq. ft.
(E) Primary Nursery Area: No
(F) Water Classification: SA Open: No
PRO.IEC'I' SUMMARY: The applicant requests authorization to construct a community dockin11 facility \vith an
access hoardwalk, pier, floating dock, Iin"er piers and boatlilts to accommodate S slips associated vv 1111 Arje,ln By
The Sea Subdivision.
Bald Agle Development, LLC smd Seal?awk Development, LLC c/o Scott Avant
Page 2
9. PROJECT DCSCRIP rioN:
'file project site is located at the end of Sea Shell Lane, adjacent to Pages Creek, in New Hanover County. To
locate the property from Market Street (NC I Iighway17), turn onto Porters Neck Road and travel approximately I
Mile cast. 't'urn Right on Edgewater Club Road and continue east for approximately I mile until it reaches Sea
Shell Lane. Turn right onto Sea Shell Lane until you reach the cut-de-sac and the parcels of interest will be located
towards the right. There are approximately 5.4 acres of highground on the main parcel and appmQuatkly 216
acres on the adjacent parcel located within the Spring Creel: Estates Subdivision (Lots 14 and 15) to Hic north.
Both parcels average approximately 2' to 14' above mean sea level. There is approximately 4 1 d, ol'shoreline
alone the area of the parcels adjacent to Pages (Areek. The parcels currently remain vacant with only ;i ncvv cul\crt
for the road crossino to the southwest portion of the parcel adjacent to Pagcs (Zreck. Lxistin?_ hi??h I
mgelation on these tracts consists of hardwood and other species including Oak, Dogwood_ I lickor). Magnolia,
Juniper and Pine. Waterward of the highground towards Pages Creek, the vegetation Wsitions to an area of ogh
marsh consisting of mixed coastal wetlands and "404 type" vegetation, which include: Marsh Fidel- ( /ro
fi•utescens), GIounsel-bush (Bacchants halinrifolia) Sea Ox?yc (1>urrichiu fi rr/e.ecens) and Salt ?Mcad'm Grass
(Sj)u"incrl)crmmy The high mars then transitions towards Pages Creek to an area of low marsh. appuAniatcly
30'-100' in width, consisting pHmarilyol'Smooth Cordgrass Qnrnhw allernifl no. Summmclirig We low marsh
areas are several oyster reefs visible in the stud flat at low water. There is also an area (Area Ii) of coastal wctlarids
and "404 type" vegetation located in the interior portion ofthe parcels where Normal I lig h Water (NI I\yV) is
allowed to enter through the existing culvert, which supports low marsh species consisting, priinarii? oi' ?)nio oth
Cowgrass (S??urlina allerniflora). Low marsh then transitions into high marsh species. "hkh inciudz Nbr-h
Flier (lra fi•tr[escens), Grounsel-bush (Bacchurus holiurif)lia), Salt Mcadow Grass (S'l)(1rviu4r 1)u??rr.?i iulr.isn
(Scir7)ns sP.), Seasick Golden Rod (Sallrh o smnl)errir"ns L.), Wax IJMI rdc (rl vocu ccl-i/?,,'ru l..), anu ? ?oininon
Recd (1'111-a,?fnlilcs crusvralis).
The New Hanover County Land Use Plan classifies adjacent waton as Conservation. and the adjacnn iQ ground
portion of the project area as Resource Protection. The waters of the Pages Crkck ark clan Akd SA hn the Division
of %V,Itel' Quality. They are NOT designated as a Prinlan Nursery Area by the N.C. Division of \lariuc 1 ishcrics
and they are Conditionally Approved-CLOSED to the harvest of shellfish by the N.C. Division of I;n,ironnlental
Health.
PROPOSED PROAX71':
The applicant requests authorization to construct a community docking facility with an access Inxin! calk, pier,
floating dock, finger pier and boatlitts to accommodate 8 slips associated with Arjean By The Sea Subdivision. The
application states that all proposed highground development would be located landward of the 75' 1_.:.iuariue
Shoreline Area of Environmental Concern (AEC). The 5.4-acre parcel is approximately 680'to 880' in dcpth front
Sea Shell Lane to Pages Creek and averages approximately 300'in width. This parcel would he suh(iivided into 6
lots averaging approxin Mcly I.10 acres each, one of which would be designated as a common area m d one Rw the
proposed drain field. The 236 acres parcel on the adjacent property located within the Spring Crcck kstalcs
Subdivision (Lots 14 and 15) would be subdivided into 4 lots. The applicant proposes a 30' access utilit?
easeulent for the 5.4- acre tract and a 20' access utilityeasenlent for the 2.76- acre tract (See Shcct -1 oi'T).
"Ile applicant proposes a boardwalk to access the community clock, which would he located within tli,.' common
area (Area Al "file boardwalk would span over a section of the common area that is separated by the hanks of the
tidal creek that feeds the marsh located in the interior portion of the tract. The boardwalk would he elevated
above NHW and the Substrate that would support existing wetlands. The structure would spun a distcutce 60' in
length by 6' in width across this area to access the comtllumty dock (See Shect 6 of 7).
Bald Eagle Development, LLC and Seahawk Development, LLC c/o Scott Avant
Page 2
An access pier would extend fi-om the common area into Pages Creek a distance of 85' in length by 6' in width.
The access pier would then terminate in gazebo 17.5'in length by 17.5' in width, which would be located on the
northern side of the pier. An access ramp would then lead to a 95' in length by 6' in width floating dock, which
would create a "T-head" configuration parallel to the shoreline. The applicant also proposes to install four (4)
floating finger piers 24' in length by 4' in width, which would extend froin the "T-head" floating dock
perpendicular to the shoreline. The finger piers would be spaced approximately 26' apart, which would allow for
the installation of the eight boatlifts between these finger piers. The application indicates that current water depths
range approximately -1.2' to -2.0' relative to Mean Low Water (MLW) within the area of the proposed 8 slips
(See Sheet 5 of 7).
The application states that a Special Use Permit has been applied for to New Hanover County for the boating
access associated with this project. The application also states that a state Stormwater Permit through the N.C.
Division of Water Quality application has been submitted.
10. ANTICIPATED IMPACTS:
The proposed upland development for the subdivision would not be located within the Estuarine Shoreline AEC.
The proposed elevated boardwalk would incorporate approximately 360 sq. ft. of Estuarine Waters, Public Trust
Area and Estuarine Shoreline. The proposed community dock would incorporate approximately 2,510 sq. ft. of
Public Trust Area and Estuarine Waters. Approximately 180 sq. Ft. of Coastal Wetlands would be impacted due to
shading. Minor increases in turbidity should be expected during construction. The proposed pier would extend
approximately 90' into a waterbodv, which measures approximately 375' across. This proposed distance would
conform to the 1/4 width rule and would not extend beyond the established pier head length. The proposed
structure could potentially provide dockage for Up to 12 vessels, however, the application states that a railing would
be installed on the landward side of the floating dock.
Submitted by: Robb Mairs Date: 10/26/2006 Office: Wilmington
Project Narrative
CAMA Major Permit
Proposed Community Boating Facility
New Hanover County
Bald Eagle Development, LLC and Seahawk Development, LLC
Co-applicants
Bald Eagle Development, LLC and Seahawk Development, LLC as co-applicants,
propose to build a community pier with eight boat lifts on their property at the end of Sea
Shell Lane, New Hanover County, North Carolina. The property is located on Pages
Creek.
The proposed pier will be approximately 85 feet long (from MHW to ramp) and will
provide access to the floating dock spine, finger piers and proposed boat lifts. A railing
will be installed on the landward side of the dock spine. No docking or temporary tie-up
will be allowed on the landward side of the dock spine. An elevated boardwalk or
pathway will provide access to the pier.
There is no dredging or wetland fill proposed. The pier will be elevated over coastal
wetlands a minimum of 3 feet and will not exceed 6 feet in width. Platforms will not
extend more than '`/4 of the width of the water body, into the channel, or more than 6' over
coastal wetlands. None of the proposed structures associated with the boating facility are
located within 15 feet of adjacent lot riparian corridor lines.
Upland development will include the installation of roads and utilities.
There are no existing man-made features on the tract except for a culvert located between
wetland area `A' and `B'. Vegetation on the tract consists of native trees, shrubs, and
grasses. Soils on the tract are classified as Craven fine sandy loam, Lakeland sand and
Kenansville fine sand. The 404 wetland line has been delineated and approved by the
Corps of Engineers. A Special Use Permit and Stormwater Permit are pending submittal
and/or approval.
RECEIVED
ACM WIhMINGTON1. NC
OCT 1 1 2006
Form DCM-MP-1
APPLICATION
(To be completed by all applicants)
b. City, town, community or landmark
Harnett township
1. APPLICANT
c. Street address or secondary road number
End of Sea Shell Lane
a. Landowner:
Balk Eagle Development, LLC Go Scott Avent
d.
IS proposed work within city limits or planning
Seahawk Development, LLC do Scott Avent
Name jurisdiction? Yes _X_ No
Address 1841 Newkirk Road e. Name of body of water nearest project (e.g. river,
creek, sound, bay) Pages Creek
City Wilmington State NC
Zip 28409 Day Phone 910-443-3810
3. DESCRIPTION AND PLANNED USE
Fax 910-256-9915 OF PROPOSED PROJECT
b. Authorized Agent:
Name Land Management Group, Inc. a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
Address P.O. Box 2522 Installation of an elevated boardwalk, community pier, and 8
boat lifts.
City Wilmington State N.C.
Installation of roads and utilities.
Zip 28402 Day Phone 910-452-0001 b. Is the proposed activity maintenance of an existing
project, new work, or both? New work.
Fax 910-452-0060
c.
Will the project be for public, private or commercial
use? Private
c. Project name (if any) Arjean By The Sea
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed, please attach
tug Perna wW be issued in now of landowner(s), andlor additional pages.
ProXd none. See Project Narrative
2. LOCATION OF PROPOSED
PROJECT
a. County New Hanover FTLULIVED
DCM WILMINGTON, NC
OCT 11 2006
Revbea 03195
Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 5.4 acres +/- and 2.76 acres +/-
b. Size of individual lot(s) -0.47 - 1.43 acres
c. Approximate elevation of tract above MHW or
NWL 2 to 14'
d. Soil type(s) and texture(s) of tract
See Project Narrative
e. Vegetation on tract See Project Narrative
f. Man-made features now on tract None
g. What is the CAMA Land Use Plan land
classification of the site? (Consult the local land use vlwL)
x Conservation Transitional
Developed Community
Rural Other
h. How is the tract zoned by local government?
R20
L Is the proposed project consistent with the applicable
zoning? X Yes No
(Auacb zmma cn,np/im- o:rrlficare, V applicable)
Has a professional
done for the tract?
If yes, by whom?
archaeological assessment been
Yes X No
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes X No
1. Are there wetlands on the site? X Yes No
Coastal (marsh) x Other x
If yes, has a delineation been conducted? Yes
m nu* dooomwation. {f aw"k)
m. Describe existing wastewater treatment facilities.
None
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.) Limited surface _
runoff.
o. Describe existing drinking water supply source.
None
5. ADDITIONAL INFORMATION
In addition to the completed application form, the
following items must be submitted:
• A copy of the deed (with state application only) or
other instrument under which the applicant claims title
to the affected properties. If the applicant is not
claiming to be the owner of said property, then
forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
from the owner to carry out the project.
• An accurate, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
ink on an 8 1/2" by 11" white paper. (Refer to
Coastal Resources Commission Rule 7J.0203 for a
detailed description.)
Please note that original drawings are preferred and
only high quality copies wH1 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
RECEIVED
DCM WILMINGTON, NC
OCT 1 1 2006
Rued 03/95
Form DCM-MP-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
• 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 Adean HOA Inc
Address 704 Mean Drive Wilmington, N.C. 28405
Phone NA
Name J.J. Jr. and Pamela W. Peterson
Address 153 Spring Creek Lane, Wilmington, N.C. 28411
Phone NA
Name
Address
Phone
NA
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
None
• A check for $4oo 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 Ad (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.
6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
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 fact,
grant permission to representatives of state and federal
review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
r 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 13 day of September , 20 06 .
Print Name (::!n nee--C- , \,1-,A G'ro"P
x`11
Signature c?Q
L d..r or Awtlw ed Agent
Please indicate attachments pertaining to your proposed
project.
DCM MP-2 Excavation and Fill Information
X DCM MP-3 Upland Development
x DCM MP4 Structures Information
X 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.
RECEIVED
DCM WILMINGTON, NC
O C T 1 1 2006
Revised 03195
Form DCM-MP-3
UPLAND
DEVELOPMENT
(Construction and/or land disturbing activities)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-I. Be sure to complete all
other sections of the Joint Application that relate to this
proposed project.
a. Type and number of buildings, facilities, units or
structures proposed One boardwalk or pathway
located in the common area.
h. Projects that require a CAMA Major Development
Permit may also require a Stormwater Certification.
Has a site development plan been submitted to the
Division of Environmental Management for review?
Yes X_ No
if yes, date submitted Submittal pending
i. Describe proposed method of sewage disposal.
On site waste treatment system
b. Number of lots or parcels Three parcels totaling 8.16 acres
(to be subdivided into 9 lots with 1 common area).
c. Density (give the number of residential units and the
units per acre) 9 units, 1.10 units per acre.
d. Size of area to be graded, filled or disturbed
including roads, ditches, etc. Approx. 10,000 s.f.
e. If the proposed project will disturb more than one
acre of land, the Division of Land Resources must
receive an erosion and sedimentation control plan at
least 30 days before land disturbing activity begins.
If applicable, has a sedimentation and erosion
control plan been submitted to the Division of Land
Resources? NA Yes NA No
If yes, date submitted NA
f. List the materials (such as marl, paver stone,
asphalt, or concrete) to be used for paved surfaces.
Asphalt
g. Give the percentage of the tract within 75 feet of
MHW or NWL, or within 575 feet in the case of an
Outstanding Resource Water, to be covered by
impervious and/or built-upon surfaces, such as
pavement, buildings, rooftops, or to be used for
vehicular driveways or parking. 0%
Have the facilities described in Item i. above
received state or local approval? Submittal Pending
(Anach appropriau doc wwntadon)
k. Describe location and type of proposed discharges to
waters of the state (for example, surface runoff,
sanitary wastewater, industrial/commercial effluent,
"wash down" and residential discharges).
Limited surface runoff.
1. Describe proposed drinking water supply source
(e.g. well, community, public system, etc.)
Private wells
m. Will water be impounded? Yes X No
If yes, how many acres? NA
n. If the project is a oceanfront development, when
was the lot(s) platted and recorded? NA
App6 or Project 147C
Signature
Date RECEIVED
DCM WILMINGTON, NC
Revised 03/95
OCT 1 1 2006
Form DCM-MP-4
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major e.
Permit, Form DCM-MP-1. Be sure to complete all
other sections of the Joint Application which relate to
this proposed project.
a. Dock(s) and/or Pier(s)
(1) _ Commercial ,Community _ Private
(2) Number 1
(3) Length -85' from MHW to Ramp
(4) Width 6'
(5) Finger Piers x Yes No (Floating)
(i) Number 4
(ii) Length 24' f.
(iii) Width 4'
(6) Platform(s) X Yes No
(i) Number 1 covered cabana 1 1 Floating Dock Spine
(ii) Length 17.5' 1 95'
(iii) Width 17.5' 1 6'
(7) Number of slips proposed 8 Boat Lifts g.
(8) Proximity of structure to adjacent riparian
property lines >15' To South, >15' North
(9) Width of water body Approx. 375'
(10) Water depth at waterward end of pier at
MLW or NWL - -2,0' MLW
b.
Boathouse (including covered lifts)
(1) NA Commercial NA Private
(2) Length NA
(3) Width NA
c. Groin (e.g. wood, sheetpile, etc.)
(1) Number NA
(2) Length(s) NA
d. Breakwater (e.g. wood, sheetpile, etc.)
(1) Length NA
(2) Average distance from MHW, NWL or
wetlands NA
(3) Maximum distance beyond MHW, NWL or
wetlands NA
Mooring buoys
(1) NA Commercial NA Community NA Private
(2) Number NA
(3) Description of buoy
(Color, inscription, size, anchor, etc.)
NA
(4)
(5)
Width of water body _
Distance buoy(s) to
shoreline
Mooring structure (boatlift, mooring pilings, etc.)
(1) NA Commercial NACommunity X Private
(2) Number 8 boat lifts
(3) Length -12.5'
(4) Width ~12.5'
Other (Give complete description)
NA
Ja r,? a 1
Applicant Project N
/--, , -1,p
sipature
°U t 4?, 1 ev.
Date
DECEIVED
DCM WILMINGTON, NC
OCT 1 1 2006
NA
be placed beyond
NA
Revised 03/95
Form DCM-Mg-5
BRIDGES AND
CULVERTS
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all
other sections of the Joint Application that relate to this
proposed project.
1. BRIDGES
a. Public Private x
b. Type of bridge (construction material)
Wood
c. Water body to be crossed by bridge
Coastal Wetlands
d. Water depth at the proposed crossing at MLW or
NWL 0 MLW
e. Will proposed bridge replace an existing bridge?
Yes X No
If yes,
(1) Length of existing bridge N/A
(2) Width of existing bridge N/A
(3) Navigation clearance underneath existing
bridge N/A
(4) Will all, or a part of, the existing bridge be
removed? (Explain) N/A
L Will proposed bridge replace. an existing culvert(s)?
N/A Yes _,E A_ ? ? No
If Yes,
(1) Length of existing culvert N/A
(2) Width of existing Calvet N/A
(3) Height of the top of the existing culvert above
the MHW or NWL N/A
(4) Will all, or a part of, the existing culvert be
removed? (Explain) N/A
g. Length of proposed bridge Approx. 60'
h. Width of proposed bridge _6,
i. Height of proposed bridge above wetlands
36"
j. Will the proposed bridge affect existing water flow?
Yes X No
If yes, explain N/A
k. Navigation clearance underneath proposed bridge
N/A
1. Will the proposed bridge affect navigation by
reducing or increasing the existing navigable
opening? Yes X No
If yes, explain
N/A
m. Will the proposed bridge cross wetlands containing
no navigable waters? X Yes No
If yes, explain N/A
n. Have you contacted the U.S. Coast Guard
concerning their approval?
Yes X No
If yes, please provide record of their action.
RECEIVED
DCM WILMINGTON, NC
Reed 03/95 O C T 1 1 2006
Form DCM-MP-5
2. CULVERTS
a. Water body in which culvert is to be placed
NA
b. Number of culverts proposed NA
c. Type of culvert (construction material, style)
d. Will proposed culvert replace an existing bridge?
NA Yes NA No
If yes,
(1) Length of existing bridge N/A
(2) Width of existing bridge N/A
(3) Navigation clearance underneath existing
bridge N/A
(4) Will all, or a part of, the existing bridge be
removed? (Explain) N/A
e. Will proposed culvert replace an existing culvert?
NA Yes NA No
If yes,
(1) Length of existing culvert NA
(2) Width of existing culvert NA
(3) Height of the top of the existing culvert above
the MHW or NWL NA
(4) Will all, or a part of, the existing culvert be
removed? (Explain) NA
f. Length of proposed culvert N/A
g. Width of proposed culvert N/A
h.' Height of the top of the proposed culvert above the
MHW or NWL N/A
i. Will the proposed culvert affed existing water flow?
Yes No
If yes, explain N/A
j. Will the proposed culvert affect existing navigation
potential? N/A Yes N/A No
If yes, explain N/A
3. EXCAVATION AND FILL
a. Will the placement of the proposed bridge or culvert
require any excavation below the MHW or NWL?
Yes X No
If yes,
(1) Length of area to be excavated N/A
(2) Width of area to be excavated U/A
(3) Depth of area to be excavated N/A
(4) Amount of material to be excavated in cubic
yards N/A
b. Will the placement of the proposed bridge or culvert
require any excavation within:
bUA Coastal Wetlands N/A SAVs N/AOther Wetlands
If yes, .
(1) Length of area to be excavated N/A
(2) Width of area to be excavated N/A
(3) Amount of material to be excavated in cubic
yards N/A
c. Will the placement of the proposed bridge or culvert
require any highground excavation?
Yes X No
If yes,
(1) Length of area to be excavated N/A
(2) Width of area to be excavated N/A
(3) Amount of -material to be excavated in cubic
yards N/A
d. If the placement of the bridge or culvert involves
any excavation, please complete the following:
(1) Location of the spoil disposal area
N/A
(2) Dimensions of spoil disposal area
N/A
(3) Do you claim title to the disposal area?
N/A Yes N/A No
if no, attach a letter granting permission from
the owner.
RECEIVED
UCM WILMINGTON. NC
xe wd o3/9s UT 7 1 12006
Form DCM-MR5
(4) Will the disposal area be available for future
maintenance? N/A Yes N/A No
(5) Does the disposal area include any coastal
wetlands (marsh), SAVs, or other wetlands?
N/A Yes N/A No
If yes, give dimensions if different from (2)
above. N/A
(6) Does the disposal area include any area below
the MHW or NWL? N/A Yes N/A No
If yes, give dimension if different from No. 2
above. N/A
e. Will the placement of the proposed bridge or culvert
result in any fill (other than excavated material
described in Item d. above) to be placed below
MHW or NWL? Yes X No
If yes,
(1) Length of area to be filled NIA
(2) Width of area to be filled N/A
(3) Purpose of fill N/A
f. Will the placement of the proposed bridge or culvert
result in any fill (other than excavated material
described in Item d. above) to be placed within:
NSA Coastal Wetlands N/A SAVs NLAOther Wetlands
If yes,
(1) Length of area to be filled N/A
(2) Width of area to be filled N/A
(3) Purpose of fill N/A
g. Will the placement of the proposed bridge or culvert
result in any fill (other than excavated material
described in Item d. above) to be placed on
highground? Yes X No
If yes,
(1) Length of area to be filled NA
(2) Width of area to be filled NA
(3) Purpose of fill NA
4. GENERAL
a. Will the proposed project involve any mitigation?
Yes X No
If yes, explain in detail N/A
b. Will the proposed project require the relocation of
any existing utility lines? Yes X No
If yes, explain in detail N/A
c. Will the proposed project require the construction of
any temporary detour structures?
Yes X No
If yes, explain in detail N/A
d. Will the proposed project require any work
channels? Yes X No
If yes, complete Form DCM-MP-2
e. How will excavated or fill material be kept on site
and erosion controlled? NA
f. What type of construction equipment will be used
(for example, dragline, backhoe or -hydraulic
dredge)? Pile driver, auger, trucks, dozer, grader.
g. Will wetlands be crossed in transporting equipment
to project site? Yes X No
If yes, explain steps that will be taken to lessen
environmental impacts.
NA
h. Will the placement of the proposed bridge or culvert
require any shoreline stabilization?
Yes X No
If yes, explain in detail N/A
App§MW or at
Situtm
RECEIVED
DCM WILMINGTON, NC
o C T 1 12006
Pt"Lwd 03M
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RECEIVED
DCM WILMINGTON. N.C
nr- T " ?00C-
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'Boundaries are approximate and are`---' ' ---SITE
not meant to be absolute.
Map Source: North Carolina Atlas & Gazetteer. Pg 84.2003
Thad Avent Land Management Group, Inc.
Arjean by the Sea Environmental Consultants
New Hanover County, NC Wilmington, N.C.
02-05-410C June 2006
SCALE 1" = 1 Mile
Sheet 1 of 7
Vicinity Map
e 1r? '?t' Ar
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Map Source: Quadrangle 7.5 minute (topographic) 1990.
Thad Avent Land Management Group, Inc.
Arjean by the Sea Environmental Consultants Sheet 2 Of 7
New Hanover County, NC Wilmington, N.C. USGS Topgraphic Map
02-05-41 OC
June 2006
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Map Source: 1998 NAPP aerial photography
Thad Avent Land Management Group, Inc.
Arjean by the Sea Environmental Consultants
New Hanover County, NC Wilmington, N.C.
02-05-410C June 2006
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MALLS ALONG MEN IM WATER ME
CAMS ALONG COMM ARFA
L25 55o42109"W 25090'
L26 S62'54'09'W 16.92'
L21 S63-63'29'W 35.29'
1.28 S70°21'28'W 35.1]"
L29 526b9'26"W 25.93'
L30 55644'49W 29.99'
L31 N8756'48'W 6.12'
L32 N65'18'03'W 7.30'
L33 N50b5'42'W 25.62'
G4LLS ALONG KTAND
50'34'2 36.32
6°19'42" W 24.22
2°05'35' W 14.76
2' 21'15" E 35.87
8°02'28" E 26.74
2°16'30" E 21.80
723'43" W
K 14.85
I 723'
43" W
N6
2.53
8'42'42" W 25.41
8°42'42" W 2.34
0°12'09" W 36.91
2°54'09" W 25.59
9
3.03'29" W 37.28
L47 S 70°21'28" W 19.65
L48 5 26°09'26" W 21.95
L4 55 56°44'49' W 47.74
L50 N 8756'48" W 21.68
L51 N 65.18'03" W 17.31
L54 N49°35'22 W 34.07-
L55 N 45°55'05" W 50.92
L56 5 38°59'19" E 50.50
L57 5 14°28'40" W 17.59
L58 5 38.48'27 W 17.54
L59 5 2733'52" W 23.42
L60 5 2733'52" W 12.76
L61 519°21'45E 40.82
L62 5 1754'41" E 19.26
L63 5 1754'41" E 10.95
L64 P51°56'42" E 30.28
L65 N 52°37'52" E 40.14
L66 N 65'38'51' E 31.80
L67 5 43°52'11" E 8.61
L68 5 65°38'25" W 41.44
L69 552°49'10"W 1477
L70 5 52'49'10" W 15.55
L71 5 49°19'54" W 40.91
L72 5 38°20'04" W 52.39
L73 5 24'00'02' W 11.59
L74 S 24°00'02" W 19.49
L75 5 5729'47 W 32.15
L76 5 68'51'37 W 28.43
.77 5 35'19'59' W 28.13
L78 5 1716'40" W 33.36
L79 5 76.46'52" W 13.60
LBO N 68°28'42" W 21.03
-82 N 19°04'30"E 25.29
.83 N 16°52'59' E 27.34
_84 N 10°56'13" E 22.37
.85 N 10°18'29" W 23.82
86 N45°00'26" W 27.31
87 N 14°40'12" W 2 2.82
88 N 18.36'06` W 3 6.62
B9 N 09°15'14" F. 3 3.93
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Property Line --•--.-----•--._
Contour Line
Coastal Wetland Line ------------------
404 Wetland
NH W Prt? C E f v E C7
30)(06HOLMINGTQN, N(J_ -_--
75' AEC i e - - -
(t r 1 1 2006
New Hano- County COD Line F699,d By New Water Depth Points Based an N6VD 29 Dotirm
Hanover County, Water Depths arc Shawn Relative to MLW.
MLW= Appr-i-tely -1.2' M51-
404, Coastal Wetland, and Normal H19h Water PRELIMINARY
Lines Flagged By Land Mo.W-t 6-p, Inc. NOT FOR CON5 TRUCTION
Coastal Wetland and Normal High Water L- Venfled
By DCM Staff On 10/10/06.
LAND MANAGEMENT 15 NOT RESPONSIBLE FOR LOCATING, OR THE LOCATION OF, UTILITIES.
ANY UTILITIE5 SHOWN ON THIS PLAN HAVE BEEN PROVIDED BY THIRD PARTIES AND ARE FOR
Q 60 120 ZR0 GENERAL REFERENCE PURPOSES ONLY. IT IS THE RESPONSIBILITY OF THE OWNER/APPLICANT
AND/OR CONTRACTOR TO CONTACT A PROFE55IONAL UTILITY LOCATING COMPANY.
Y.n.1 / ?pa Project: Date:
OV7'44.Q.Q/l7tq/J't,L a79tou?., ?9'L(i. Arjean By The Sea 9/13/06
Applicant: Bald Eagle Development, LLC Scale:
.,R, Yoy QS?? Sea Hawk Development,LLC 1"=1zD'
11 Ih avre/lrsa 281102 rtk: Drown By:
5`e,4/d,.nq,. 910-/1529 -000! Site Plan 65F
/
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THI5 MAP 15 BASED ON
ORIGIANL DRAWINGS AND/OR
SURVEY INFORMATION FROM:
SHERWIN D. CRIBB
N.C.PROFESSIONAL LAND SURVEYOR
L-1099
1144 SHIPYARD BLVD.
WILMINGTON,NC 28412
910-791-0080
LAND MANAGEMENT IS NOT
RESPONSIBLE FOR THE ACCURACY
OF SAID INFORMATION
Revision Date:
10/10/06
J Number:
02-05-4100
Sheet Number:
4 of7
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