19970894 Ver 1_COMPLETE FILE_19971020

State of North Carolina
Department of Environment,
Health and Natural Resources •
Division of Water Quality
100% ?_ "_
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary p E H N F1
A. Preston Howard, Jr., P.E., Director
December 3, 1997
Wake County
DWQProject #970894
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. John W. Byrne
8105 Nichols Court
Fuquay-Varina, NC 17526
Dear Mr. Byrne:
You have our approval, in accordance with the attached conditions and those listed below, to
place fill material in 0.09 acres of wetlands or waters for the purpose of developing the Heritage
Woods subdivision near SR 2044 and SR 2045, as you described in your application dated
October 17, 1997. After reviewing your application, we have decided that this fill is covered by
General Water Quality Certification Numbers 3103 and 3108. These certifications allow you to
use Nationwide Permit Numbers 14 and 26 when it is issued by the Corps of Engineers. In
addition, you should get any other federal, state or local permits before you go ahead with your
project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-
Discharge and Water Supply Watershed regulations. This approval will expire when the
accompanying 404 or CAMA permit expires unless otherwise specified in the General
Certification.
This approval is only valid for the purpose and design that you described in your application
except as modified below. If you change your project, you must notify us and you may be
required to send us a new application. If total wetland fills for this project (now or in the future)
exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506
(h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached
certification and any additional conditions listed below.
1. Deed notices, conservation easements or similar mechanisms shall be placed in all lots with
remaining jurisdictional wetlands and waters to restrict future wetland and/or water impact to
assure compliance with the 50 foot buffer requirements of the Neuse rules (15A NCAC 2B
.0233). These mechanisms shall be put in place within 30 days of the date of this letter or the
issuance of the 404 Permit (whichever is later).
If you do not accept any of the conditions of this certification, you may ask for an
adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask
for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-
7447. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-1786.
Sinc lyl
Pre ton Howar , Jr. P.E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
Mr. John Dorney
Central Files
Bob Zarzecki; Soil and Environmental Consultants
970894.1tr
Division of Water Quality • Non-Discharge Branch
4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper

PRE-DISCHARGE NOTIFICATION PCN
TO: National Marine Fisheries Service
Pivers Island, NC FAX [phone]
US Fish & Wildlife Service
Asheville, NC FAX [phone]
US Fish & Wildlife Service
Raleigh, NC FAX [phone]
State Historic Preservation Office
Raleigh, NC FAX [phone]
Vision of Water Quality
Raleigh, NC FAX [phone]
NC Wildlife Resources Commission
Creedmoor, NC FAX [phone]
1. ACTION ID: 199820007/199820123
2. APPLICANT: John W. Byrne
3. DATE OF TRANSMITTAL: 10/27/97
4. RESPONSE DEADLINE(5 days from transmittal): 11/3/97
5. COMMENT DEADLINE(10 days from response deadline):11/10/97
6. SEND COMMENTS TO: RALEIGH REGULATORY FIELD OFFICE
RALEIGH, NC
ATTN: Todd Tugwell
FAX [phone]
We are also forwarding the attached PCN to the Fish and Wildlife
Service and the National Marine Fisheries Service for review and
comment concerning any likely affect to any threatened or
endangered species or their critical habitat within those
agencies' jurisdiction.
• Soil & Environmental Consultants, Inc
244 West Millbrook Road ¦ Raleigh, North Carolina 27609 ¦ (919)`84 5900 ¦ Fax [phone]e
nc,,t i
Transmittal '1ll?n SCIENCE8

C.4: ?Sb"N, C?o+Gzwlr( D% JGI
Project #: '317314"A'
Date: l0 1 1'4 lt'4-
Project Name: 1-??E2?-t0 ?r.loopg
File:
We Transmit to you Herewith: - Under Separate Cover:
Drawings For your information and files By mail
Specifications For comment or approval By courier
Brochures or photos Returned for correction, resubmit X By express
Correspondence Approved as noted
No. Copies Document No. Date Description I
PE7atric
Remarks:
If enclosures are not as listed as above, kindly notify us at once.
By: 505 ZW=5 <44•1
Soil/Site EN-,11uation i Mapping and Physical Analysis K Wetlands Mapping and Mitigation ¦ Environmental A
On-Site Waste "Treatment Systems, !:valuation and Design
Soil & Environmental Consultants, Inc.
244 West Millbrook Road ¦ Raleigh, North Carolina 27609 ¦ [phone] ¦ Fax [phone]
October 17, 1997
Raleigh Regulatory Field Office N.C. Division of Water Quality - DEHNR
U.S. Army Corps of Engineers Attn: Mr. John Dorney s
Attn: Mr. Todd Tugweff 4401 Reedy Creek Road
6508 Falls of the Neuse Rd., Suite 120 Raleigh, NC 27607 nor 1-1 '( NJ
Raleigh; NC 27615 U `i
EMll.Rr"INAFNfT, ALSGIENCES
Dear Sirs:
The purpose of this letter is. to request Nationwide Permits 14 & 26 for the construction of
Heritage Woods Subdivision. Wetland impacts total 0.0899 acres and 80 linear feet of channel.
(Channel is intermittent and declared by the USACOE as not containing "significant
aquatic function".) The project is located south of Wake Forest, NC and east of Smith Creek (see
vicinity map). Impacts to wetlands will comply with all general conditions stated within
Nationwide Permits 14 & 26.
Mr. Todd Tugwell of the USACOE and myself visited the site on "9/24/97 for the purpose of
wetland delineation approval. Mr. Tugwell agreed with the delineation with some minor
exceptions. The final impact map included with this application has been revised to confirm with
these exceptions.
Please call if you have questions or require further information. If you decide to perform a site
visit, please contact S&EC so we can arrange for someone to accompany you.
Sincerely,
Bob Zarzecki, Biologist
Soil/Site Evaluation ¦ Mapping and Physical Analysis ¦ Wetlands Mapping and Mitigation ¦ Environmental Audits
On-Site Waste Treatment Systems, Evaluation and Design

DWQ ID:
Corps Action ID:
Nationwide Permit Requested (Provide Nationwide Permit #): 14 & 26
Pre-Construction Notification Application
For Nationwide Permits that require:
1) Notification to the Corps of Engineers
2) Application for Section 401 Certification
3) Coordination with the NC Division of Coastal Management
Send the original and (1) copy of this completed form to the appropriate field office of the Corps
of Engineers (see agency addresses sheet). Seven (7) copies should be sent to the NC Division of
Environmental Management (see agency addresses sheet). PLEASE PRINT.
Owner's Name: John W. Byrne
2. Mailing Address: 8105 Nichols Court
Subdivision Name: N/A
City: Fuquay-Varina State: NC Zip Code: 27526
Project location address, including subdivision name (if different from mailing address above):
Heritage Woods Subdivision - Located near Wake Forest, NC, south of Burlington Mill
Road (SR 2045), west of Ligon Mill Road (SR 2044), east of Smith Creek, '/2 mile north
of Toms Creek and northeast of the Neuse River. (LAT/LON = 35.55'57"/78.32'05")
3) Telephone Number (Home): N/A
(Work): 919-552-6415
4) If applicable, agent's name or responsible corporate official, address, phone number:
Soil & Environmental Consultants, Inc. Phone: [phone]
244 W. Millbrook Road
Raleigh, NC 27609
5. Location of work (provide a map, preferable a copy of USGS topographic map or aerial
photograph with scale):
County: Wake
Nearest town or city: Wake Forest
Specific Location (include road numbers, landmarks, etc.):
Heritage Woods Subdivision - Located near Wake Forest, NC, south of Burlington
Mill Road (SR 2045), west of Ligon Mill Road (SR 2044), east of Smith Creek, '/
mile north of Toms Creek and northeast of the Neuse River. (LAT/LON =
35.55'57"/78.32'05")
6. Impacted or nearest stream/river: tributaries and drainages to Smith Creek
River Basin: Neuse River Basin
7a. Is project located near water classified as trout, tidal saltwater (SA), high quality waters
(HQW), outstanding resource waters (ORW), water supply (WS-I or WS-II)? YES
NO (X) If yes, explain: N/A
7b. Is the project located within a North Carolina division of coastal management area of
environmental concern (AEC)? YES ( ) NO (X)
7c. If the project is located within a coastal county (see page 7 for list of coastal counties), what
is the land use plan (LUP) designation? N/A
8a. Have any Section 404 permits been previously requested for use on this property? YES
( ) NO (X) If yes, provide Action ID number of previous permit and any additional
information (including photocopy of 401 certification).
8b. Are additional permit requests expected for this property in the future?
YES ( ) NO (X) If yes, describe anticipated work: N/A
9a. Estimated total number of acres in tract of land: + 83
9b. Estimated total number or acres of wetlands located on project site: ± 2
10a. Number of acres of wetlands impacted by the proposed project by:
NW14 NW26
Filling: 0.0534 0.0365
Excavation:
Flooding:
Drainage:
Other:
Total acres to be impacted: 0.0534 + 0.0365 = 0.0899
10b. (1) Stream channel to be impacted by the proposed project (if relocated, provide distance
both before and after relocation):
Length before: 80 ft. After: 80 ft.
Width Before (based on normal high water contours): 2 to 3 ft.
Width After: 2 to 3 ft.
Average depth before: 3 inches After: 3 inches
Note: Channel is intermittent and declared by the USACOE as not containing
"significant aquatic function".
(2) Stream channel impacts will result from: (check all that apply)
Open channel relocation: Placement of pipe in channel: X
Channel Excavation: Construction of a Dam/Flooding:
Other: Placement of a culvert for the purpose of a road crossing to gain
access to portions of the property.
11. If construction of a pond is proposed, what is the size of the watershed draining to the
pond? N/A
What is the expected pond surface area? N/A
12. Description of proposed work including discussion of type of mechanical equipment to be
used (attach plans 8 1/2" x 11" drawings only):
Impacts to wetlands and channels will include necessary filling and piping for the
construction of a residential subdivision. Mechanical equipment used will include that
which is necessary to complete the above stated filling and piping (heavy machinery &
manual labor).
13. Purpose of proposed work:
To construct a residential subdivision for citizens wishing to reside in the Wake Forest
area of Wake County, NC.
14. State reasons why it is believed that this activity must be carried out in wetlands (include
any measures taken to minimize wetland impacts):
Impacts to wetlands have been limited to the greatest practicable extent possible for
the construction of the proposed residential subdivision.
15. You are required to contact the U. S. Fish and Wildlife Service (USFWS) and/or National
Marine Fisheries Service (NMFS) (see agency addresses sheet) regarding the presence of
any federally listed or proposed for listing endangered or threatened species or critical
habitat in the permit area that may be affected by the proposed project. Date contacted:
(attach responses from these agencies). N/A; To be completed by the USACOE.
16. You are required to contact the state historic preservation officer (SHPO) (see agency
address sheet) regarding the presence of historic properties in the permit area which may be
affected by the proposed project. Date contacted: N/A; To be completed by the
USACOE.
17. Does the project involve an expenditure of public funds or the use of public (state) land?
YES ( ) NO (X) If no, go to 18.
a. If yes, does the project require preparation of an environmental document
pursuant to the requirements of the North Carolina Environmental Policy Act?
YES ( ) NO ( )
b. If yes, has the document been reviewed through the North Carolina Department of
Administration State Clearinghouse?
YES ( ) NO ( )
If answers to 17b is YES, then submit appropriate documentation from the state clearinghouse to division of
environmental management regarding compliance with the North Carolina Environmental Policy Act.
Questions regarding the State Clearinghouse review process should be directed to Ms. Chrys Baggett,
Director State Clearinghouse, North Carolina Department of Administration, 116 West Jones Street,
Raleigh, North Carolina 27603-8003, telephone [phone].
18. The following items should be included with this application if proposed activity involves
the discharge of excavated or fill material into wetlands:
a. Wetland delineation map showing all wetlands, streams, lakes and ponds on the
property (for Nationwide Permit numbers 14, 18, 21, 26, 29 and 38). All streams
(intermittent and perennial) on the property must be shown on the map. Map scales
should be 1 inch equals 50 feet or 1 inch equals 100 feet or their equivalent.
b. If available, representative photograph of wetlands to be impacted by project.
C. If delineation was performed by a consultant, include all data sheets relevant to the
placement of the delineation line.
d. Attach a copy of the stormwater management plan, if required.
e. What is land use of surrounding property? Residential & Undeveloped
f. If applicable, what is proposed method of sewage disposal? Sanitary Sewer
g. Signed and dated agent authorization letter, if applicable.
NOTE: Wetlands or Waters of the U. S. may not be impacted prior to:
1. Issuance of a Section 404 Corps of Engineers Permit,
2. Either the issuance or waiver of a 401 Division of Environmental Management (Water
Quality) certification, and
3. (in the twenty coastal counties only) A letter from the North Carolina Division of
Coastal Management stating the proposed activity is consistent with the North
Carolina Coastal Management program.
4s Signs Date
(Agent's signature valid only if Agent Authorization Letter from the owner is provided (18 g.))
09/04/1997 08:55 9195525229
09/03/1397 15:05 91'96761495
JOHN W BYRNE
EQUITY PARTNERS
PAGE - 02
PAGE 02
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ALL BLANKS Tt? 8E LLE13 by CURRENT LANDOWNER
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Address:
Address;
Phone;
Project NarnelDatelip(lon:
Data;
The Department of the Army
U.S. Army Corps of Engineers
Wilmingtort DWcii
PO BCX 1590
Wilmingte:i. NC 229--4-02
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Re: Wettartds Related Consulting and Formining
To Whom It May Cono*m:
1, t" current j1ogoi owner, heroay aestghgte ants autQt3= Soft and EnAronrnental
Consultants, tnc, to act in my.behelras my agent in the prVAGOrtg of permit applications, to
famish uport request supplemental informatlo H 294 et At applications, em ftrn thla gay
foitirerd. This the ; _ day Of
This notlRcatlon supeisades any previous CaFF@ 4ndvnce 00 teetnktg the agent lbr this
pralect.
P, !t Owrlera Name; w
Owners S' naturo:
cc: Mr-John Domay
NCDEH&NR - OEM
Wafter Quality Planning
940= Reedy Creek Road
Raleth, NC 27607
cc: Mr, 01149 Huysman
Soil and 6nv1ronmgnlM Consultants, inc.,
soillsite Evaluation ¦ Mappinc and Physical Analysis i i*tlmds Msppiris and Miti atio.. ¦
00-sirR %4kvtr Treatment SYMMS, E?+etnyiiart and Design Erlvironfrteatai Audil!
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Delineation Performed by: Soil & Environmental Consultants, Inc.
244 West Millbrook Road 231 16th Avenue NE
Raleigh, NC 27609 Hickory, NC 28601
Phone: [phone] Phone: [phone]
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: Heritage Woods (97-3149) Date: 06/12/97
Applicant/Owner: John W. Byrne County: Wake
Investigator: Bob Zarzecki State: North Carolina
Do normal circumstances exist on the site? Yes
Is the site significantly disturbed?
(Atypical situation)
Is the area a potential problem area?
(If needed, explain on reverse.)
VEGETATION
Dominant Plant Species Stratum Indicator
1. Quercus alba tree FACU
2. Liriodendron tulip. tree FAC
3. Acer rubrum tree FAC
4. Cornus Florida tree FACU
5. Polystichum acrosti. herb. FAC
6. Pinus taeda tree FAC
7. Quercus rubra tree FACU
8. Lonicera japonica vine FAC-
No
No
Community ID: Dry Oak-Hickory Forest
Transit ID:
Plot ID: Upland Areas
Dominant Plant Species Stratum Indicator
9. Smilax rotundifolia vine FAC
10. Toxicodendron radicans vineFAC
11.
12.
13.
14.
15.
16.
Percent of dominant species that are OBL, FACW or FAC (excluding FAC-): 60%
Remarks:
* community types taken from `Schafale & Weakley 1990'
HYDROLOGY
Recorded Data (describe in remarks)
Stream, Lake or Tide Gauge
Aerial Photographs
Other
X No Recorded Data Available
Field Observations:
Depth of Surface Water: 0 (in.)
Depth to Free Water in Pit: ->12 (in.)
Depth to Saturated Soil: _>12 (in.)
Wetland Hvdrologv Indicators:
Primarv Indicators:
Inundated
Saturated in Upper 12 Inches
Water Marks
Drift Lines
Sediment Deposits
Drainage Patterns in Wetlands
Secondary Indicators: (2 or more required)
Oxidized Root Channels in
Upper 12 Inches
Water-Stained Leaves
Local Soil Survey Data
FAC Neutral Test
Other (explain in remarks)
Remarks:
? i
SOILS
Map Unit Name
(Series and Phase): Wilkes sandy loam
Taxonomy (Subgroup): Typic Hapludalfs
Drainage Class: well drained
Field Observations
Confirm Mapped Type? Yes
Profile Description:
Depth Matrix Color
(ins.) Horizon (Munsell Moist)
0-3 A 2.5YR5/2
3-6 E 2.5 YR 6/2
6- 10 Bt 10YR5/6
10 - 12 Bt/C 10 YR 5/6
Mottle Colors Mottle
(Munsell Moist) Abundance/Contrast
Texture. Concretions,
Structure etc.
sandy loam
sandy loam
clay
clay loam
Hydric Soil Indicators:
Histosol
Histic Epipedon
Sulfidic Odor
Aquic Moisture Regime
Reducing Conditions
Gleyed or Low-Chroma Colors
Concretions
High Organic Content in Surface Layer in Sandy Soil
Organic Streaking in Sandy Soils
Listed on Local Hydric Soils List
Listed on National Hydric Soils List
Other (explain in remarks)
Remarks:
* local USDA Soil Survey referenced
Wetland Determination
(yes or no)
Hydrophytic Vegetation Present? Yes
Wetland Hydrology Present? No
Hydric Soils Present? No
Remarks:
Is This Sampling Point Within a Wetland? No
Delineation Performed by: Soil & Environmental Consultants, Inc.
244 West Millbrook Road 231 16th Avenue NE
Raleigh, NC 27609 Hickory, NC 28601
Phone: [phone] Phone: [phone]
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: Heritage Woods (97-3149) Date: 06/12/97
Applicant/Owner: John W. Byrne County: Wake
Investigator: Bob Zarzecki State: North Carolina
Do normal circumstances exist on the site? Yes
Is the site significantly disturbed?
(Atypical situation)
1s the area a potential problem area?
(If needed, explain on reverse.)
VEGETATION
Dominant Plant Species Stratum Indicator
1. Liquidambar styra. tree FAC+
2. Liriodendron tulip. tree FAC
3. Acer rubrum tree FAC
4. Arisaema triphyllum herb. FACW-
5. Woodwardia areolata herb. OBL
6. Pinus taeda tree FAC
7. Juncus effusus herb. FACW+
8. Lonicera japonica vine FAC-
Community ID: Piedmont Alluvial Forest
No
Transit ID: creek drainages
No Plot ID: Wetland Areas
Dominant Plant Species
9. Smilax rotundifolia
10. Magnolia virginiana
11. Arundinaria gigantea
12. Eulalia viminea
13.
14.
15.
16.
Stratum Indicator
vine FAC
tree FACW+
herb. FACW
herb. FAC+
Percent of dominant species that are OBL, FACW or FAC (excluding FAC-): 92%
Remarks:
* community type taken from `Schafale & Weakley 1990'
HYDROLOGY
Recorded Data (describe in remarks)
Stream, Lake or Tide Gauge
Aerial Photographs
Other
X No Recorded Data Available
Field Observations:
Depth of Surface Water:
Depth to Free Water in Pit:
0 - 6_ (in.)
0 - 12 (in.)
Depth to Saturated Soil
0 - 12_ (in.)
Wetland Hydrology Indicators:
Primary Indicators:
X _ Inundated
X _ Saturated in Upper 12 Inches
Water Marks
X _ Drift Lines
X _ Sediment Deposits
X _ Drainage Patterns in Wetlands
Second aiy Indicators: (2 or more required)
Oxidized Root Channels in
Upper 12 Inches
X _ Water-Stained Leaves
X _ Local Soil Survey Data
FAC Neutral Test
Other (explain in remarks)
Remarks:
A
SOILS
Map Unit Name
(Series and Phase): Wehadkee silt loam
Taxonomy (Subgroup): Typic Fluvaquent
Drainage Class: poorly drained
Field Observations
Confirm Mapped Type? No
Profile Description:
Depth
(ins.) Horizon
0-7 A
7-12 Bgl
Matrix Color
(Munsell Moist)
10 YR 4/3
2.5 YR 6/2
Mottle Colors
(Munsell Moist)
N/A
10 YR 5/4
Mottle
Abundance/Contrast
NIA
many/distinct
Texture, Concretions,
Structure etc.
loam
loam
Hydric Soil Indicators:
_ Histosol
_ Histic Epipedon
_ Sulfidic Odor
X_ Aquic Moisture Regime
X_ Reducing Conditions
X_ Gleyed or Low-Chroma Colors
Concretions
High Organic Content in Surface Layer in Sandy Soil
Organic Streaking in Sandy Soils
_X_ Listed on Local Hydric Soils List
_X Listed on National Hydric Soils List
Other (explain in remarks)
Remarks:
* local USDA Soil Survey referenced
Wetland Determination
(yes or no)
Hydrophytic Vegetation Present? Yes
Wetland Hydrology Present? Yes
Hydric Soils Present? Yes
Is this Sampling Point within a Wetland? Yes
Remarks:
CFO SOIL SC
,/ ?. STATpq
1003
\? NORTH C
4EMORANDUM PRINT NAMES:
Reviewer:
P0: JOHN DORNEY WQ SUPV.:
ENVIRONMENTAL SCIENCES BRANCH DATE:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
-'**EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE)
PERMIT YR: 97 PERMIT NO: 0000894 COUNTY: WAKE
APPLICANT NAME: HERITAGE WOODS SUBDIVISION
PROJECT TYPE: RESIDENTIAL DEV. PERMIT TYPE: NW14,26
COE #: DOT #:
RCD
CDA:
FROM APP DATE_FRM_CDA: 10/20/97
_
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REG OFFICE: RRO
RIVER_AND_SUB_BASINJ: 030402 STR_INDEX_NO: 27-23-(2)
STREAM-CLASS: C ?yV 9/
r?
WL_IMPACT?: Y&N WL`TYPE:
WL REQUESTED: 0• 0169 WL_ACR EST?: ON
WL_SCOREM : /1/'(l x-( WATER IMPACTED BY FILL? : Y16
MITIGATION?: Y/S) MITIGATION-TYPE: /??
MITIGATION-SIZE: DID YOU REQUEST MORE INFO?: Y1
IS WETLAND RATING SHEET ATTACHED?: Y/0
HAVE PROJECT CHANGES/CONDITIONS BEEN DISCUSSED WITH APPLICANT?: Y/N
RECOMMENDATION (Circle One): Os? ISSUE/COND DENY
COMMENTS:
y,

CC: Regional Office
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