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Home My WebLink About1000-106.-6-37 OFFICE LOCATION: ��®f S0(/TyOI MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY 11971 apQ Telephone: 631 765-1938 LOCAL WATERFRONT REVITALIZATION'PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: John Bredemeyer, President Town of Southold Board of Trustees From: Mark Terry, LWRP Coordinator Date: August 9, 2016 Re: Local Waterfront Revitalization Program Coastal Consistency Review for DANA & MICHAEL SAVINO SCTM# 1000-106-6-37 Land Use Ecological Services, Inc. on behalf of DANA & MICHAEL SAVINO request a Wetland Permit for the existing +/-104 linear foot long bulkhead to be removed and replaced or cut down in- place to become a low-sill bulkhead; install +/-96 linear feet of new vinyl bulkhead 5' landward of proposed low-sill bulkhead; remove +/-60 cubic yards of fill between the two bulkheads to create +/- 475sq.ft. of tidal wetland area and vegetate with Spartina alterniflora; the 5' wide deck area between the proposed low-sill bulkhead and proposed vinyl bulkhead to be converted to open-grate decking with the existing seaward bulkhead pilings to be utilized to support the seaward edge of proposed open-grate decking area with the low-sill bulkhead under it. Located: 1945 Bayview Avenue, Mattituck. SCTM# 1000-106-6-37 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action furthers the policy to the extent practicable and therefore is CONSISTENT with the LWRP policies provided the following: 1. There is a concern regarding the survivability of the proposed planted wetland vegetation under the open-grate decking. It is recommended that a three year survival condition be placed on the plantings to insure that the restored area develops function and value. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Yyl .L Town of Southold D E C E U_E LWRP CONSISTENCY ASSESSMENT FORM A U U ® 3 201" A. INSTRUCTIONS Southold Town Planning Board 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list,policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program A proposed action will be evaluated. as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer must be explained in detail, listing both sunnortilna and non- supporting facts. If an action cannot be certified as consistent with the MM policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places:online at the Town of Southold's website(southoldtown.northfork.net), the Board of Trustees Office,the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000 106 _ 6 - 37 PROJECTNAME Savino - Mattituck The Application has been submitted to(check appropriate response): Town Board ❑ Planning Board❑ Building Dept. ❑ Board of Trustees 0 I. Category of Town of Southold agency action(check appropriate'response): (a) Action undertaken directly by Town agency(e.g.'capital ❑ construction,planning activity,agency regulation,land transaction) ❑ (b) Financial assistance(e.g.grant,loan,subsidy) (c) Permit,approval,license,certification: 0 Nature and extent of action: Please see attached project description and project plans. Location of action; 1945 Bayview Ave. Mattituck, NY 11952 Site acreage: 17, 847 s.f. (0 .41 Acres) Presentlanduse: Single family residence Present zoning classification: Residential 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Dana and Michael Savino (b) Mailing address-. 15 Maria Court Wading River, NY 11792 (c) Telephone number:Area Code( ) 6 31-9 2 9-0 3 5 7 (d) Application number,if any: NOt known at this time Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes � No❑ If yes,which state or federal agency? NYSDEC & USACE C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space,makes efficient use of infrastructure,makes beneficial use of a coastal location,and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. Q Yes ❑ No ❑ Not Applicable This project is the modification / reconstruction of an existing bulkhead structure that will create additional tidal wetland areas. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria M Yes ❑ No ❑ Not Applicable This project will not impact any historic and archeological resources of the Town of Southold. Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria Q Yes ❑ No ❑ Not Applicable This project as proposed will comply with this policy. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding,and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria Yes F1 No 0 Not Applicable This project will comply with this policy as it is the modification and reconstruction of an eNi.sting bulkhead incoj- tporating creating additional tidal wetlands area. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of,Southold.See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria 0 Yes ❑ No ❑Not Applicable This project will comply with this policy with the creation of additional tidal wetlands areas. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. Fxl ❑ ❑ Yes No Not Applicable This project will comply with this policy through the creation of 475+/- square feet of additional tidal wetlands area. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III —Policies Pages 32 through 34 for evaluation criteria. Yea ❑ No' Not Applicable This policy is not applicable to this project. Attach additional sheets If necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑Yes ❑ No 0 Not Applicable This policy is not applicable to this project. PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. n 0 YeJD No❑ Not Applicable This project is the modification / reconstruction of an existing bulkhead structure with the creation of additional tidal wetlands areas. This project will not affect public access to or recreationai use ot coas a waters, public lands,and public resources. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. Q Yes ❑ No ❑ Not Applicable This is the mo i Hca ion and reconstruction of an existing bulMead s ruc ure Attach additional sheets If necessary Policy 11. Promote sustainable use of living marine resources in Long 'Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. ® Yes ❑ No❑ Not Applicable ' This project will incorporate the creation of 475+/- s. . ot additionai tidal wetlands areas. Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III—Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No 0 Not Applicable This po icy is not applicable to Ellis project. Attach-additional sheets if necessary Polley 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No 0 Not Applicable This policy is not applicable tot is pro3ec . Land Use Ecological Services, Inc. pRZpARED By Dan Hall / TITLE Ecologist/ DATE 6/9/2016 Environmental Analyst Savino — Mattituck, NY Project Description: The applicant is proposing that the existing seaward facing bulkhead at the site be removed /cut to become a proposed low sill bulkhead (104 +/- linear feet). A vinyl bulkhead is proposed to be reconstructed 5' landward of the existing seaward bulkhead location (96+/- linear feet). 60+/- cubic yards of fill is proposed to be removed between the low sill bulkhead and the proposed vinyl bulkhead location (5' wide)to create 475+/-s.f. of tidal wetlands area planted with Spartina alterniflora as depicted on the project plans. The deck area (5' wide) between the low sill bulkhead and the proposed vinyl bulkhead is proposed to be converted to open grate decking. The existing timber piles will be utilized to support the seaward edge of the open grate deck area with the low sill bulkhead under it. '21 SEE SEC NO 0" SEE SEC NO A MATCH———---7———_--_ �LC. UNE (2) __Z — –—-,z—\--N, Jho i F- 46 , ' ', 4- M., 9A(C) 12 27 (12) 52 ldlG Cb M 131 1(13 '2' 23g 1 IO k 25 9A(c) 21 16 49 00 5 al 29 =3 251A TOM OF SOUTHOLD '13 7446 124 t7 x 45 Od 15 12 e°T1 al 68 70 2.MA") 3 �14 76 w VA(q) i W '22 0 1.2A 72 82 76 (c) 14l 12, 1 31 77 IA,, 211 71 19 32A FOR PCL N FOR PCL NO SEE. S NO EC NO 302-001.2 1 63 3-(.) 13A He UNE 52.2 SEE SEC N0113 1'A(") 6 79 7 7z % OTIC. COUNTY OFSUFFOLK N OF SOUTHOLD SECT R. Tax Service Agen kA" OFFICE LOCATION: o�*OF SOUlH�//__ MAILING ADDRESS: Town Hall Annex ti `o P.O. Box 1179 54375 State Route 25 J Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) cn Southold,NY 11971@ Telephone:631 765-1938 Fax:631765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM -.. _ .._ OCT 1 6 2013 To: Jim King, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: October 16, 2013 Re: LWRP Coastal Consistency Review for DANA$ MICHAEL SAVINO SCTM# 1000-106-6-37 A Wetland Permit was issued in 1987 (407) for the deck and gazebo. DANA& MICHAEL SAVINO request a Wetland Permit to repair/replace existing +/-100' long bulkhead with a 38' north return and a 64' south return using vinyl sheathing; remove and replace existing 100'x21' decking; temporarily remove and replace existing gazebo; and add approximately 275 cubic yards clean fill. Located: 1945 Bayview Avenue, Mattituck. SCTM# 106-6-37 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is EXEMPT from LWRP review pursuant to: § 268-3. Definitions. MINOR ACTIONS item "B"which states: B. Replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site (inplace), including upgrading buildings to meet building or fire codes, except for structures in areas designated by the Coastal Erosion Hazard Area (CEHA) law where structures may not be replaced, rehabilitated or reconstructed without a permit and shoreline erosion control structures (including, but not limited to, groins,jetties, bulkheads, filled piers) located within Great Peconic Bay, Cutchogue Harbor, Little Peconic Bay, Hog Neck Bay, Noyack Bay, Southold Bay, Shelter Island Sound, Pipes Cove, Orient Harbor, Gardiners Bay, Long Island Sound, Fishers Island Sound and Block Island Sound (excluding all creeks); Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney John M_Bredemeyer III,President �\\,®f S® Town Hall Annex Michael J.Domino,Vice-President ~� �® 54375 Main Road P.O.Box 1179 James F.King,Trustee Southold,New York 11971-0959 Dave Bergen,Trustee QX a Telephone(631)765-1892 Charles J.Sanders,Trustee ®��CQ[► ,� Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD December 23, 2014 William Goggins, Esq. PO Box 65 Mattituck, NY 11952 RE: DANA & MICHAEL SAVINO 1945 BAYVIEW AVENUE, MATTITUCK SCTM#106-6-37 Dear Mr. Goggins: The Board of Town Trustees took the following action during its Special Meeting held on Wednesday, December 23, 2014 regarding the above matter: WHEREAS, DANA& MICHAEL SAVINO applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance, application dated September 3, 2013, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the Conservation Advisory Council resolved not to support the application, and WHEREAS, the LWRP Coordinator issued a recommendation that the application be found Exempt with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, Public Hearings were held by the Town Trustees with respect to said application on October 16, 2013, on November 13, 2013, and again on December 10, 2014, at which time all'interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony, documentation, and photos submitted concerning this application during the three Public Hearings, and, WHEREAS, the Board has determined that the structure, as applied for does not comply with the standards set forth in Chapter 275-12 of the Southold Town Code as follows: 1. Replacement of this bulkhead in place will adversely affect the wetlands of the Town, by restricting the size and productivity of the existing wetland area. 2. In place replacement will adversely affect fish, shellfish or other beneficial marina organisms, aquatic wildlife and vegetation or the natural habitat. 3. In place replacement will cause turbidity and siltation in an area further seaward than any existing bulkhead in the area of Mattituck Creek, which negatively affects the feeding ability of shellfish naturally occurring in the creek. 4. The bulkhead in its present location does change the natural movement or flow of the tidal waters, and replacement in place would continue to'do so. 5. In place replacement of this bulkhead will adversely affect the aesthetic value of the wetland and adjacent areas and the fixed structure juts out approximately fifteen feet beyond the natural shoreline. 6. In place replacement will be detrimental to the health, safety and welfare of the people of the town. WHEREAS, in addition the Board has reviewed a stamped, recorded deed dated December 7, 2012, considered of first instance and made part of the record at the Public Hearing held December 10, 2014, reflecting the transfer of real property to the applicant. A review of the metes and bounds, Liber 12716 Page 712 shows the existing bulkhead to be 18 feet seaward of the Savino property northeast corner and is actually situated on patent'lands owned by the Town of Southold since 1676, and, WHEREAS, a New York State DEC Tidal Wetland Permit was issued for this bulkhead replacement which include.conditions: "Permittee is responsible for obtaining any other permits that may be required to carry out the activities that are authorized by this permit," and the permit"does not convey to the permittee any right to trespass upon the lands or interfere with the rights of others in order to perform the permitted work," and, BE IT FURTHER RESOLVED that the Board of Trustees DENIES WITHOUT PREJUDICE the application of DANA & MICHAEL SAVINO to repair/replace existing +/-100' long bulkhead with a 38' north return and a 64' south return using vinyl sheathing; remove and replace existing 100'x21' decking; temporarily remove and replace existing gazebo; and add approximately 275 cubic yards clean fill.; and as depicted on the project plan received on September 3, 2013. A This is not a determination from any other agency. Very Truly Yours, hn M. Bredemeyer, III, President Board of Trustees :.�•tom: ,6. is•• • ,.... ...... a �ii ,: .. •...... a � p kS"figt ♦w P' • ;g r ". l ` k t • .• .'_.� ��.a.•:sir:�!•e'• • o r.�,..„ .. «�. •• r M . 1 �tM�tl � 3 1 X. .. — - ...... ..� � 'w .nr� i`,�� rb�i � .,oil:• , •• ~ ,ay '�a �! �'S !F�d.lulfl3' IIii� Ill ll1i I� .1l�� lr��A r' Vis, +:� .y4� •� �� '�,, 010•, t, A • v Savino • ga ` v B Looking north alongbulkhead - •, on north side of "wP� �� . •�,.'\ f � '�' t *`Y'" � �lw,�gip, AREA - Y17, 84- 7 Si0m, T""T, Ul. VE Y OF PROPRjR, TY A T MA T TITUCK 'TO w, Tf N0 F/ SO UTHOLD S ' 70LK COUNT) NA r 1000-106-06-37 SGALE: 1 ` 30 ' MARCH 6, 015 — Sept. 4, 20IJ (Dock U.P-1 x i ons)N101F AA M.L. FE-COR. RIMARDS LOT E 178,98,0 0. 4 V— . PIPE END 1301% . r ,. L a ' CHAINLI14K FENCE TOP SWO. SHE P10 PLO 7 P CD +L' r t1a *14 pi 0- 0 PLAS-PC ATINo Lm C3 11 0 2 STORY BOAT LAVtq(-w -0 (!JIE 4 ,LL— RAMP • FRAME n PAVERS ,. e D El e v 32.4 ' ::E m K IOU) WALL GAZEBGto• DECK F!E r � • wu END BLKD 610 , T 4 METAL FEN CE 0.4N EL7-91 TA FEN \j I Ai SP OT El, ! 4 ! R M ,# S136'59P50"W 175.651 LOW. TI Yi A, 11"E.I V U 0 T N UUGERS FROM *"A4A P OF SHORE A CRES, St TUA TE-D A T IV, Y.-S, LIC. NO. 49618 JA 7TTI TUCK, SUFFOLK COUNTY NY, " FILEV JAN.J. 1914., MAP No. " OF SEC 77 ON 72 09 OF THE ME' W YORK 5 TA 7"E- ED U CA 77 ON t A W, (631) 765-5020 F*AX (631) 765- 17,97 CXCEPT AS PER SEC770N 'a ALL CE-R77FICA .779�S N SPO r EL E VA N ONS ARE REFERENCED TO N. 0 HEREOM ARE VALIO FOR THIS MAP AND COPIES THEREOF ONLY Ir P, ol Box :909 EVA7101V AT tOW WATER MARK 0-5# SA10 MAP Or 8 LER STREET 4140SE S7GIVA 7VRE APPEARS • SOUTHOLO, N. Y, 11971 N/O/F A.D. & M.L. RICHARDS EXISTING BULKHEAD PROPOSED TO BE REMOVED l CUT TO BECOME w A PROPOSED LOW STILL BULKHEAD P�'O PLOT H �1 04 LINEAR FEET) i= 1111111111 "I mom CHAINLINK FENCE TOP BLFD SHED EL. 7. ' F[ SHEED > x 2 STORY WALL GARAGE 1 .9x 4. ' x 0.9E. PlO PLOT H 1 .9' GRAVEL ..' C) x 0.61 X 4.01 WOOD DOCK GRAVEL ° -j ., DRIVEWAY � .7' PLASTIC FLOATING 0 WOOD > 2 STt�RY' DECK �,,�'' �: ,O BOAT LAUNCH FRAME PAVERS WALK WOOD DOCK f HOUSE z ;r\ x x , ' m DECK z mU PROPOSED BULKHEAD � � TIDAL WETLANDS 0 TO MATCH HEIGHT OF LINE AT BULKHEAb EXISTING ADJACENT AS OBSERVED BY , RETAININ WALLBULKHEAD GAZEBO , ` LAND USE ECOLOGICAL � WOOD DOCK (96 LINEAR FEET) SERVICES, INC ON 6.6' WALL . ' -- 02-16-2016 X[: X ' 1 .7' TOP BL I : x 3,6' 5, 1' METALFENCE APRON EL. 7,9 / , BLKD. 1 . 1 METAL ENI .01S. ' 170' S' MON. - � PROPOSED BULKHEAD EXISTING WOOD DECK AREA 76' PROPOSED TO BECOME (EXISTING BULKHEAD) OPEN GRATE DECK AREA � (475± s.f ) T- 5 203 O 20' PREPARED FOR: MICHAEL DANA SAVINO THLE. AT: 1945 BAYVIEW AVE SITE PLAN NOTE. MATTITUCK, NY 11952 THIS PLAN IS REFERENCED TO THE SURVEY PREPARED BY PE+CONIC SURVEYORS, P.C. LAND SE SERVICES, LOGICAL VIC r INCCompiled by: D.N. Date: FEB 10, 2016 SUFFOLK COUNTY TAX MAP#: LAST REVISED 09-04-2013. dU �' 570 EXPRESSWAY DRIVE SOUTH, SUITE 2F Prepared by: R.K. kale: AS SHOWN 1000-106-6-37 m% :" Medford, New York 11763 x(631 ) 727--2400 Project Mgr. D.H. File: SAVING �f,aa:lam { Rev: — DRAIMNG NO. 1 OF EXISTINGPROP SED 5' WIDE DESK ... ��..�...��_ . .. OPEN GRATE DE CK EL. 7.9-x- EXISTING TIMBER PILES TCS BE UTILIZED TO SUPPORT DECK FI + EXISTING f a, GAI E P — -F x 1P P� PPS BULKHEAD m �-a -L t I' t u kAN TIE ROD - _ �.� F �' . `° ` �+ .� DEADM - _ MHVJL 1r (VARIES) ,..,-...ms's""..r' °st' �✓+' '''' f'' PROPOSED ,215 VINYL BULKHEAD PROPOSED NURSERY GROWN 2PEAT PCT Spartina alternitlora P 4 ,. _ E,.f E, ✓ EE f+f' w, : PLANTED ON 1 CENTERS TIMBER PILE .M . . . ... .. (EL. 4,0) PROPOSED (CUT) PROPOSED GRADE BULKHEAD HEIGHT VINYL (SAND SUBSTRATE) (LOW SILL TIMBER BULKHEAD) EXISTING SHEATHING EXISTING Spartlna altarniflora BULKHEAD ' _ GRADE (EL. 3.0±) PROPOSED TIMBER WHALER _ --- TIE ROD DEADMAN PILE (VARIES) _ + -.�.., TIMBER ` SHEATHING E C" T 10 1111 A A' 0} cubic yards PROPOSED TO BE SCALE: 1 REMOVED TO AN OFFSITE LOCATION ME Jill , PREPARED MR; MICHAEL & DANA SAVING NOTE: AT: 1945 DAYVIEW AVE SECTION VIE MATTITUCK, NY 1195 TIDAL WETLANDS LIFE AT BULKHEAD AS OBSERVED BY LAND USE ECOLOGICAL SERVICES, INC. 02-10-2016. ECOLOGICAL ICompiled ��: D.H. ��: FEB ,�, ��, �.►�-��..� COUNTY � � : E , LandUsePrepared by: R.K. Scale: AS SHOWN 1000--106-6--37 571 EXPRESSWAY DRIVE SOUTH, SUITE 2F Medford New York 11763 (631 ) 727--2400 Project Mgr: D.H. File: sWNO DRAMNG NO, Rev; —