HomeMy WebLinkAbout20001105 Ver 1_COMPLETE FILE_20000824
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
r RECEIPT
»ra = z>?/< «,,? October 26, 2000
`JAMES B. HUNT JR.
"GOVERNOR
-
BILL ET
Mr. Mark Klass
ARY
SECRETARY
3
Klass Properties, Inc.
Post Office Box 327
? Lexington, North Carolina 27293-0327
T. STEVENS'
KERR
DIRECTOR
Subject: DWQ #: 001105
County: Davidson
COE Permit #: 200021860
The Wetlands Restoration Program has received a check in the amount
of $ 37,500.00 check number 3699 as payment for the compensatory mitigation
requirements of -the 401 Water Quality Certification issued for the subject
project. This receipt serves as notification that the compensatory mitigation
requirements for this project have been satisfied. Please note that you must
.
also comply with all other conditions of this certification and any other state,
federal or local government permits or authorization associated with this
activity.
The NCWRP, by acceptance of this payment, acknowledges that the
NCWRP is responsible for the compensatory mitigation requirements
associated with DWQ #001105 and agrees to provide the compensatory
mitigation as specified in the 401 Water Quality Certification. As specified, the
NCWRP will restore 300 linear feet of stream in basin/subbasin 030707.
If you have any questions concerning this matter, please contact Ron Ferrell
at (919) 733-5219. _
Sincerely,
-
Ronald E. Ferrell
Program Manager
REF/cvb
cc. 14R Ridings
File
WETLANDS RESTORATION PROGRAM
1619 MAIL SERVICE CENTER, RALEIGH, NC 27699-1619
website: h2o.enr.state.mus PHONE 919-733-5208 FAX 919-733-5321
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST-CONSUMER PAPER
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
WINSTON-SALEM REGIONAL OFFICE
September 1, 2000
JAMES B. HUNT JR. Certified Mail 7099 3220 0006 8502 5073
GOVERNOR Return Receipt Requested
Mr. Mark Klass 114,
BALI. HOLMAN, P. O. Box 1343 OKEIVED
SECRETARY Lexington, NC 27292
7
SEP
SUBJECT: Request for Additionaltfr ation
KERR T. STEVENS Mountain Valley Investmet`i'
DIRECTOR DWQ Project #00 1105 - NC ?"
Davidson County RESTGRAVIN
Dear Mr. Klass:
The Division of Water Quality has reviewed your plans for the discharge of fill
material and the relocation of 300 linear feet of an unnamed tributary to Abbotts
Creek, Yadkin-Pee Dee River Basin, Class C waters, Davidson County, for the
purpose of residential development. Insufficient evidence is present in our files to
conclude that your project must be built as planned in waters and/or wetlands in
accordance with 15A NCAC 2H.0506. Therefore, unless modifications of the
proposal are made as described below, we will have to move toward denial of your
401 Certification as required by 15A NCAC 2H.0507(e) and will place this project on
hold as incomplete until we receive this additional information. We are requesting (by
copy of this letter) that the U. S. Army Corps of Engineers place your project on
administrative hold.
(1) Please provide us with information supporting your position that states
your project must be constructed as planned and that you have no
practicable alternative to placing fill in these waters and/or wetlands.
Any documentation such as maps, narratives, economic analyses, that
you can supply to address alternative designs for your project may be
helpful in our review of your 401 Certification request.
(2) Please provide documentation detailing you position that the project
has been designed such that adverse impacts to surface waters have
been minimized and existing uses have been protected to the best of
your ability.
(3) Your application states that you propose the installation of one junction
box and open channel relocation. The Division recommends that
restored/relocated streams have a 50 foot vegetated buffer from each
585 WAUGHTOWN STREET, WINSTON-SALEM, NORTH CAROLINA 27107
PHONE 336-771-4600 FAX 336-771-4630
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST-CONSUMER PAPER
00 1105
Page 2
bank of the stream. It appears that, due to the size constraints of the subject
property, open channel relocation may not be possible. Therefore, if you
choose to place 150 linear feet or more of channel in a culvert, you will need to
provide compensatory mitigation; as described in 15A NCAC 2H .0506(h).
Since on-site (open channel relocation) mitigation does not appear to be viable,
you must examine the possibilities of local (off-site) mitigation and provide
any supporting documentation. Please investigate the potentiality of
conducting a stream restoration project within the same sub-basin as your
proposed impacts. Please see The Draft Technical Guide for Stream Work in
North Carolina (http://h2o.enr.state.nc.us/ncwetlands/strmgide.html) for
assistance in developing a stream restoration plan. Additional options of
stream enhancement, streambank stabilization, and/or stream preservation may
also be feasible for you. See the attached Interim, Internal DWQ Policy on
Stream Mitigation Options and Macrobethos Monitoring for the appropriate
mitigation ratios. If payment into the Wetlands Restoration Program is
determined to be your final and only option, please submit written verification
from Mr. Ron Ferrell that WRP will conduct this mitigation.
Please respond within three weeks of the date of this letter by sending one
copy of this information to me and one copy to John R. Dorney, 4401 Reedy
Creek Road, Raleigh, NC 27607. If we do not hear from you in three weeks, we will
assume that you no longer want to pursue this project and we will consider the project
as withdrawn. If you have any questions regarding this matter, please contact Mrs.
Jennifer Frye or myself at (336) 771-4600.
Sincerely,
J. CA-
1-Larry D. Coble
WQ Regional Supervisor
cc: Raleigh Field Office, US Army Corps of Engineers
Wilmington Office, US Army Corps of Engineers
Wetlands/401 Unit Central Office
Central Files
WSRO
if
State of North Carolina
Department of Environment
and Natural Resources • •
Division of Water Quality -A S4
James B. Hunt, Jr., Governor D E N R
Bill Holman, Secretary Kerr T. Stevens, Director
September 11, 2000
DWQ# 00-1105
Davidson County
Mark E. Klass
Klass Properties
P.O. Box 327
Lexington, NC, 27293-0327
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Klass:
You have our approval, in accordance with the attached conditions, to place fill in 300 linear feet of an
unnamed tributary to Abbotts Creek in order to construct a subdivision for Mountain Valley Investments in
Davidson County. This application was described in correspondence received by the Division of Water Quality on
August 25, 2000, and in follow-up material received September 8, 2000 . After reviewing your application, we
have determined that this fill is covered by General Water Quality Certification Number 3287. This Certification
allows you to use Nationwide Permit Number 39 when it is issued by the U.S. Army 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, Non-Discharge and Water Supply Watershed regulations. Also
this approval will expire when the accompanying 404 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. If you change
your project, you must notify us and you may be required to send us a new application for a new certification. If
the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby
responsible for complying with all conditions.. If total wetland fills for this project (now or in the future) exceed
one acre, compensatory wetland mitigation may be required as described in 15A NCAC 2H .0506 (h). For this
approval to be valid, you must follow the conditions listed in the attached certification and the conditions below:
1. We understand that you have chosen to contribute to the Wetland Restoration Program in order to compensate
for the impacts to streams. In accordance with 15A NCAC 2R .0402 and 15A NCAC 2B .0242(7), this
contribution will satisfy our compensatory mitigation requirements under 15A NCAC 211 .0506(h) and 15A
NCAC 2B .0233(10). Until the Wetland Restoration Program receives and clears your check (made payable to:
DENR - Wetlands Restoration Program), stream impacts (including fill) shall not occur. Mr. Ron Ferrell
should be contacted at (919)733-5208 if you have any questions concerning the Wetland Restoration Program.
You have one month from the date of this Certification to make this payment. For accounting purposes, this
Certification authorizes the fill of 300. feet of streams, in the Yadkin-Pee Dee River and sub-basin and
300 feet of stream mitigation are required. Please be aware that the Wetland Restoration Program
(WRP) rules require rounding of stream impacts to the nearest foot (15A NCAC 2R.0503(b)):'
Non-Discharge Branch • 1621 Mail Service Center Raleigh, North Carolina 27699-1621
Telephone 919-733-1786 FAX # 733-9959
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper
KLASS PROPERTIES, INC.
Post Office Box 327
Lexington, NC 27293-0327
Telephone: 336-238-1006
September 8, 2000
Mr. John Dorney
Division of Environmental Management
NC Department of Environmental Natural Resources
1621 Mail Service Center
Raleigh, NC 27699-1621
Dear Sir:
S ?
In reference to the request by Ms. Frye, enclosed please find additional information. I
hope I have included enough information for you to proceed with my application. If not,
please contact me as soon as possible.
Also enclosed is a copy of the City of Lexington regulations for setbacks, which is one of
my problems, and a proposed map from the engineer as to exactly what we are planning
to do.
On the map from the engineer, about middle way of the ditch, it appears one ditch goes
above and one goes below. I cannot determine where that came from other than an old,
old plat map, but on the actual property that does not happen. It is just the ditch on the
bottom side, closest to Rosewood (the dotted line on top does not exist).
Thank you for your immediate attention to this matter.
S' ,
Mark E. Klass
Response to Question #1:
The proposed area which a copy of a plat map has previously been submitted, shows a
373.79 ft. tract of land along Rosewood Drive, being 100 ft. deep. This tract of land, due
to the rules and regulations of the City of Lexington is zoned Office and Institutional,
which if used for residential use, will be regulated under the rules of R6 zoning (a copy is
enclosed).
For single unit dwellings, the requirements are 6,000-sq. ft. per lot, 50 ft. at the building
line, and 25-ft. front yard setbacks, 20 yard rear yard setbacks, and 10 yard side yard
setbacks. Due to the nature, these lots are only 100 ft. deep and there is a 6,000-ft.
requirement. The lots will have to be 60 ft. wide with a 25 ft. front yard setback and a 20
ft. rear yard- setback, leaving 55 ft. in which I will have to build the single family
dwellings.
As you can see from the enclosed plat, the water is piped under Rosewood Drive and
piped onto this property coming out of the pipe at roughly two-thirds of the distance of
part 4 of the map. The ditch then moves along the 25-ft. setback line, as you can
reference from the map, onto part of tract 1. At which time it passes through the 25-ft.
setback. At this point, the ditch runs pretty much through the building portions of the
remaining lots until it gets to the last lot and goes back through the 20 ft. setback of that
lot and then enters a pipe going under Carolina Avenue.
Using this tract of land and the setback requirements of the City of Lexington, because I
need to move the ditch into the front 25-ft. setback of the property and let it follow the
setback line until it reaches the pipe that passes under Carolina Avenue. And because the
lot is sloped coming from the back to the front, creating the impossibility of somehow
diverting the water to the back 20 ft. setback, we feel the only feasible way to do this is to
move the ditch in the front 25 ft. setback. Because the area in which we are crossing is
going to be used for residential housing, and also because of the requirements of moving
the ditch to the front 25 ft., and because of the State requirements, to my understanding of
redoing an existing ditch, that we will not have the width there to meet the regulations.
We would also have to put pipe in the ditch for the driveways to cross. Due to all the
rules and regulations, it is our position that is would be more feasible to allow us to pipe
this distance, mainly because the water is coming out of a pipe onto our property at this
time and is going through a pipe leaving our property. We do not wish to impede the
flow of the water, but want to divert it across our property in the most efficient way
possible.
As to an economic analysis of this area, it is the Country Club section of Lexington. The
property is adjacent to the old Lexington Memorial Hospital and located on a street with
older rental homes. Our intent, once this property is developed and nice, new homes are
built, it will improve the neighborhood in hopes that the properties across the street will
be improved to meet the general scheme and plan of the area.
After looking at this plat, it is my opinion that there is no alternatives that we have other
than piping this ditch, due to the topography and the location of the ditch. across the
property and the setback that we are required to adhere to by the City of Lexington. And
simply because the property is only 100 ft. deep, that keep us from having much area to
work with.
Response to Question #2:
You have received .a copy of the proposed piping diagram from the engineer.
Response to Question #3:
As to mitigation, after measuring this ditch, it appears to me to be 210 ft. of ditch that I
would be piping. After discussing this matter with Ms. Frye, and trying to figure out
what I could do in mitigation, it becomes very obvious to me that first of all, in order to
restore a stream or creek, I have no earthly idea how to do this or where to do it. In
Lexington we have not been able to find any type of stream that would need this type of
work, even if I knew how to do it. Also, in my opinion, since it is only 210 ft., in order to
find someone who is qualified to do this for me, to come out and do that distance would
be cost prohibitive, even if I could find a location. Also, to find a creek of that length is
almost impossible and because of all these reasons, I feel like the best thing I could do is
pay money to the fund and allow them to do something that is worthwhile.
I have discussed this matter with the City Planning and Zoning Director, Tammy Absher.
She does not see anything in the city that would work.
Hopefully, they would allow me to make this payment into the fund and meet my
mitigation requirements.
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mitigation
Subject: mitigation
Date: Fri, 01 Sep 2000 09:18:54 -0400
From: Jeff Jurek <jeffjurek@ncmail.net>
Organization: NC Wetlands Restoration Program-DENR
To: Jennifer Frye <jennifer.frye@ncmail.net>, Rob Ridings <rob.ridings@ncmail.net>
The purpose of this email is to notify you of the North Carolina
Wetlands
Restoration Program's (NCWRP) intention to accept payment into the
Wetland
Restoration Fund for compensatory mitigation for stream/wetland impacts
for
the following project:
Project name: Mountain Valley (Rosewood Drive, Lexington)
River Basin: Yadkin
8digit catalog unit: 03040103
County: Davidson
DWQ Project # (if known): L90
COE Project # (if known):
CAMA Project # (if known):
Wetland impact:
Stream impact: 300 ft
Wetland mitigation:
Stream mitigation: 600 ft
If for any reason you feel that the NCWRP should not accept payment for
the
above project, please notify me (Jeff Jurek) by email or phone 919
733-5316
within 5 working days upon receipt of this message. If no response is
received within 5 working days, NCWRP assumes you concur with this
payment.
Jeff Jurek <jeff Jurek@ncma>l.net>
1 of 1 9/5/00 10:11 AM
09/08/2000 15:31 3367714630 DIV
.NORTH CAROLINA
DEPARTMENT OF
ENVIRONMENT AND
NATURAL RESOURCES
WINSTON-SALEM REGIONAL OFFICE
FAX TRANSM
Division of Water
585 Waughtown
Winston-Salem, NJ
Phone: (336)771-4600
TO:
FAX I\rUNMER: 7 3 ? - 9 ?1 Ste`
FROM
DATE:
Number of pages (including cover page):
COUNTS:
00 // 05r
d
WATER QUALITY PAGE 01/05
'r.
4
D : E N R .
TAL.
27107
Fay:: (336)771-4630
0o6 HLJ
09/08/2000 15:31 3367714630 DIV 0 WATER QUALITY
SUPERIOR CT JDG 22 336 224 1296 9/08.'00 14:57 NO.183
K LASS PROPERTIES, INC.
Post Office Banc 327
W3osm, NC M75-0327
Telephone 336-238-1006
PAGE 02/05
01/04
September 8, 2000
VIA FACSIMILE
Attention: Ms. Jennifer Frye
Dear Ms. Frye:
In reference to your request, enclosed please find anal iui'or?madom I hope I have
included enough infbnna iva for you to proceed my application. If not, please
contact me as soon as possrble.
Also enclosed is a copy of the City of Lexington re ations for setbacks, which is one of
my problems, and a proposed map from the en& as to exactly what we are planning
to do.
On the map from the engineer, about middle way o the ditch, it appears ow ditch goes
above acid one goes below. I eawwt determine wbeke that came from other than an old,
old plat map, but on the actual property that does happen. It is just the ditch on the
bottom, Side, closest to Rosewood (the dotted line on p does not exist).
Thank yvu for your immediate attention to this
Sincerely,
h1ark ?. ?ilPiss
r?
09/08/2000 15:31 3367714630
SUPERIOR CT JDG 22 336 224 1296
Response to Question #1:
DIV OF WATER QUALITY PAGE 03/05
99/08 100 14:58 NO.183 02/04
i
C
i
The proposed area which a copy of a plat map hasmevrously been submitted., shows a
373.79 ft_ tract of land along Rosewood Drive, being 1100 ft. deep. This tract of lmd, due
to the rules and regulations of the City of L exingte is zoned Office and. Institutional,
wbiicb. if. used for residential use, vvff l be regulated the rules of R6 zoning (a copy is
enclosed).
For single unit dWellitgs, the requirements are 6,00 sq;. R. per lot, 50 ft. at the building
lire, and 25-ft. front yard setbacks, 20 yard rew yard setbacks, and 10 yard side yard
setbacks. Dux to the mature, these lots are only 100 ft. deep and there is a 6,000-&
requirement. Tlbe Iota will have to be 60 ft. wide a 25 ft. front yard setback and a 20
#t. rear y=d setback, leaving 55 ft. itt which Y will bane to build the single family
dwellings !!!
As you can see from the enclosed plat, the water piped under Rosewood Drive and
piped onto this property coming out of the pipe at r uglily two-ergs of the distance of
part 4 of the map. Tha ditch their moves aloe. the 25 ft. setback hue, as you can
reference from the map, onto part of tract 1. At wh?ch thm it passes tbrough the 25-ft.
setback. At this point, the ditch runs pretty Much ugh the building portions of the
remaining lots until it gets to the last lot and goes through the 20 fL setback o£ that
lot and then enters a pipe going under Cavlias Avenge.
Using this tract of Iand and the setback requkemierrtM,
need to move the Och into the front 25-it setback
setback lire until. it reaches the pipe that passes unde
lot is sloped coming from the back to the front, cis
divesting the weer to the trek 20 ft. setback, we feel
move the ditch in the front 25 ft. setback. 8ecausse
going to be used for residential housing, and also be
the ditch to the front 25 it., and because of the State i
redoing an cxjsti ditch, that we will not gave the
We would also have to put pipe its the ditch £vz' th,
rules and regulations, it is our position that is would
this distance, mainly because the water is 00MM9 o'
time and is going through a pipe leaving our propE
now, of the water, but want to divert it across oui
pos'ble.
of the City of Lexington, because I
if the property acid beet it follow the
Carolina Avemn. And bemm the
ding the i mpossr`bili ty of somehow
he Only fewble way to do this is to
be area in which we are crossing is
arse of the requirements of moving
quirements, to M7 urr1 ers1 4* of
Nkn tbere to met the regulations,
driveways to cross. Due to all the
be morn Seasr'ble to allow us to pipe
t of a pipe onto our pr+opmy at this
ty: We do not wish to impede the
property in the most efficient way
As to an economic analysis ofthis area, it is the ?.kideevekved ?;Iub section of Le7r gtorr. The
properly is adjacent to the old Lexington MemeorispW and located on a sftvd witb
older rental homes. Orin intent, once this propertand nice, new Homes are
bush, it will improve ft t=ig?hborlwod im hopes e p opaties across the street will.
be improved to meet the geng ral scheme and plan area.
09/08/2000 15:31 3367714630
SUPERIOR CT JDG 22 336 224 1296
PAGE 04/05
/08 '00 14:58 NO.183 03/04
After looking at this plat, it is my opinion that there Is no alternatives that we have other
than piping tbis ditcb, due to the topography and ?he location of the ditch across the
property and the setback that we are rewired to p +" by the City of Lexington. And
simply becmi:se the property is only 100 & deep, tb ?t keep us ftm having Mch area to
with.
ktespome to Question #2:
You have received a copy of the proposed piping
ReWonse to Question #3
As to mitigation, after meawring this ditch, it appc
would be piping. After discwwing tins matter wif
what I could do in mitigation, it becomes vety obv!
restore a s or creek, I have no earthly idea x
Lexington, we have not been able to find any type (
work, even if I knew how to do it. Also, in my opin
find someone who is qualified to do this for me, to
be cost probibitive, even if I could find a location.
almost impossible and because of all these rewom%
Pay money to the fund and allow them to do some
I have discussed this matter with the City Piarming
Site does not we anythiog in. the city that would wo
hopefully, they would allow me to make this
mitigation regairements.
DIV Ok WATER QUALITY
ff'om the cagWoor.
s to = to be 210 It. of ditch that I
Ms. Frye, and trying to figure out
r. to me that fast of all, in order to
W to do this or where to do it. In
stream that wattld need this type of
a, since it is osrly 210 fi., in order to
)me out and do that distsjce would
bo, to fmd a creek of that length is
feel like the best thing I could do is
a that is worthwhile.
Zonimg Director, 'T'ammy Absber.
hito the fluid and weer my
09/08/2000 15:31 3367714630 DIV OF WATER QUALITY PAGE 05/05
SUPERIOR CT JDG 22 336 224 1296 9/08 '00 14:58 NO.183. 04/04
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September 1, 2000
Certified Mail 7099 3220 0006 8502 5073
Return Receipt Requested
Mr. Mark Klass
P. O. Box 1343
Lexington, NC 27292
SUBJECT: Request for Additional Information
Mountain Valley Investment Inc.
DWQ Project #001105
Davidson County
Dear Mr. Klass:
The Division of Water Quality has reviewed your plans for the discharge of fill
material and the relocation of 300 linear feet of an unnamed tributary to Abbotts
Creek, Yadkin-Pee Dee River Basin, Class C waters, Davidson County, for the
purpose of residential development. Insufficient evidence is present in our files to
conclude that your project must be built as planned in waters and/or wetlands in
accordance with 15A NCAC 2H.0506. Therefore, unless modifications of the
proposal are made as described below, we will have to move toward denial of your
401 Certification as required by 15A NCAC 2H.0507(e) and will place this project on
hold as incomplete until we receive this additional information. We are requesting (by
copy of this letter) that the U. S. Army Corps of Engineers place your project on
administrative hold.
(1) Please provide us with information supporting your position that states
your project must be constructed as planned and that you have no
practicable alternative to placing fill in these waters and/or wetlands.
Any documentation such as maps, narratives, economic analyses, that
you can supply to address alternative designs for your project may be
helpful in our review of your 401 Certification request.
(2) Please provide documentation detailing you position that the project
has been designed such that adverse impacts to surface waters have
been minimized and existing uses have been protected to the best of
your ability.
(3) Your application states that you propose the installation of one junction
box and open channel relocation. The Division recommends that
restored/relocated streams have a 50 foot vegetated buffer from each
00 1105
Page 2
bank of the stream. It appears that, due to the size constraints of the subject -
property, open channel relocation may not be possible. Therefore, if you
choose to place 150 linear feet or more of channel in a culvert, you will need to
provide compensatory mitigation, as described in 15A NCAC 211.0506(h).
Since on-site (open channel relocation) mitigation does not appear to be viable,
you must examine the possibilities of local (off-site) mitigation and provide
any supporting documentation. Please investigate the potentiality of
conducting a stream restoration project within the same sub-basin as your
proposed impacts. Please see The Draft Technical Guide for Stream Work in
North Carolina (htip:Hh2o.enr.state.nc.us/ncwetlands/strmgide.html) for
assistance in developing a stream restoration plan. Additional options of
stream enhancement, streambank stabilization, and/or stream preservation may
also be feasible for you. See the attached Interim, Internal DWQ Policy on
Stream Mitigation Options and Macrobethos Monitoring for the appropriate
mitigation ratios. If payment into the Wetlands Restoration Program is
determined to be your final and only option, please submit written verification
from Mr. Ron Ferrell that WRP will conduct this mitigation.
Please respond within three weeks of the date of this letter by sending one
copy of this information to me and one copy to John R. Dorney, 4401 Reedy
Creek Road, Raleigh, NC 27607. If we do not hear from you in three weeks, we will
assume that you no longer want to pursue this project and we will consider the project
as withdrawn. If you have any questions regarding this matter, please contact Mrs.
Jennifer Frye or myself at (336) 771-4600.
Sincerely,
Larry D. Coble
WQ Regional Supervisor
cc: Raleigh Field Office, US Army Corps of Engineers
Wilmington Office, US Army Corps of Engineers
Wetlands/401 Unit Central Office
Central Files
WSRO
001105
PAYMENT
RECEIVED
DEN ID: CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #):
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 N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT (SEE AGENCY ADDRESSES SHEET).
PLEASE PRINT.
1. OWNERS NAME :
2. MAILING ADDRESS: `C.0. &j1( \ a
SUBDIVISION NAME:
CITY: up_uk aNin- STATE: ?& ZIP CODE:
PROJECT LOCA ON ADDRESS, INCLUDINq SUBDIVI ION NAME \(I DIFFERENT FRQM P
MAILING ADDRESS ABOVE) : \(ACO \S (X1 &q \j L_wf\(\wTm ?.1_.
3. TELEPHONE NUMBER (HOME) : - - (WORK) : - -rj
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE C OR.?? E O FICIAL
ADDRESS, PHONE NUMBER: ?Ck k\ s-cS S'Q? 1'.O. k
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR
AERIAL PHOTOG?+P?HY WITH SCALE): ?,
COUNTY : "V ?1y113C? NEAREST TOWN OR CITY:
Cpl
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.)
ck?
c
6. IMPACTED OR NEAREST STREAM RIVER: ?CI?CIOM?? ? ?VbO?S C??ek
RIVER BASIN: qo?Ak \c l - e bec -
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:
7b. IF THE PROJECT IS LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT
ARE 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:
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY?
YES [ ] NO [x ] IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY
ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION):
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE?
YES [ ] NO [X] IF YES, DESCRIBE ANTICIPATED WORK:
9A. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND:
9B. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
10A. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: EXCAVATION:
FLOODING: OTHER:
DRAINAGE: TOTAL ACRES TO BE IMPACTED: Q
10B. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE
DISTANCE BOTH BEFORE AND AFTER RELOCATION):
LENGTH BEFORE : 300 FT AFTER : 2500 FT
1
WIDTH BEFORE (based on normal high water contours):
,
WIDTH AFTER: S4
I
W(3 ?ef -y
AVERAGE DEPTH BEFORE: _p1 Z(o = AFTER : ?? Q' PC Pr
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL:
CHANNEL ELEVATION: CONSTRUCTION OF A DAM//FLOODING:
OTHER : MW _ ?? p,? Qr? Q&&\0"" 5T . D k f }k
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE` SIZE OF THE WATERSHED DRAINING
TO THE POND?
WHAT IS THE EXPECTED POND SURFACE AREA?
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT
TO BE USED (ATTACH PLANS: 81h" x 11" DRAWINGS ONLY) : ?5 \UL0. ?(1 kS 1X Cod
10.,E\??ca\? are ?C?' d eP -Use ??on ?o a ch t he o?? Cu v'p
` c tv?? v, e 'kAxw-?- w? CL bQicl -h(t3 and
Q QOv o\\?e1 \ioe w? Nn?1?re??! dxo it?c11?a?? 1? ihvn ?` 1'?c??,Ys-tL3
Q h ? v,(1 L'1, v`(1 ?Uu X a'? ? C'?e Cl?\U ?r"i Ul
?n? C-Ucolino. ,Aue .`T? ?5 ?.\? ? ? W< ? v ae ec? n? o? hew ?
?? ? ? 5-_?c?e c?,n? act-i?'?- ?? ??s?-??a. ??-h? ??\\ ?o.? ?1???1. ?n ?r
13
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14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS. (INCLUDE ANY MEASURES TAKEN TQ MINIMIZE WE LAND-IMPACTS): lL\xllp-"c
15. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) (SEE
AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE
PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT.
DATE CONTACTED:
16. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC
*-e \oda '- '36 s kA- can - kl?
PURPOSE OF PROPOSED WORK : --\, ?qrL 1 S ?,ap k ata- Jb ?h IS
L. hIiAi\?na n co??r?nc r??-?_ nnc?,? n?? ???,, w nrnr?n,,1„ ?,?
s
(STATE) LAND? YES [ ] NO [)<'] (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 ANSWER 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, 1302 Marl Service Center, RALEIGH, NORTH CAROLINA 27699-1302,
TELEPHONE (919) 807-2425.
17. 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 PERMANENT) 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?
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
g. SIGNED AND DATED BY 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, AND
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRONMENTAL MANAGEMENT
(WATER QUALITY) CERTIFICATION.
OWNER'S/AG T'S SIGNATURE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18G.))
DATE
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KLASS PROPERTIES, INC.
Post Office Box 327
Lexington, NC 27293-0327
Telephone: 336-238-1006
August 21, 2000
Dear Ms. Frye,
I spoke with Mr. Ferrell on Friday, August 18 and informed him of my dilemma and he
felt there would be a way, if need be, pay into the Wetland Restoration Program.
Thank you so much,
PITA strikes again!
Subject: PITA strikes again!
Date: Fri, 08 Sep 2000 15:22:30 -0400
From: Jennifer Frye <jennifer.frye@ncmail.net>
Organization: NC DENR Water Quality
To: "cyndi.karoly" <cyndi.karoly@ncmail.net>
Staff report completed for 00 1105, Mountain Valley, Davidson county
I received a fax response to the on hold letter. He wants to pay into
WRP. I have no problem with this as long as his check clears. I will
send a copy of the fax to you.
That damn well better be it for today!
Jen
Jennifer Serafin Frye
Division of Water Quality
NC Department of Environment and Natural Resources
Winston-Salem Regional Office
Winston-Salem, NC 27107
Voice: 336-771-4608 ext. 275 Fax: 336-771-4630
1 of 1 9/11/00 11:25 AM
MEMORANDUM
TO: John Dorney
Non-Discharge Branch
Regional Contact: Jennifer Frye
WQ Supervisor: I arry Coble
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Mountain Valley Inv Inc
Project Number 00 1105
Recvd From APP
Received Date 8/23/00 Recvd By Region
Project Type culvert extension / residential
County Davidson
County2
Region Winston-Salem
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
F-Fs-trearn PT O N 12-119-(1) wSUt F 30,707. 1 i i.i10
Mitigation Wetland
MitigationType Type Acres Feet
Stream WRP Stream F__ 2 00.00
F_ I F_
Is Wetland Rating Sheet Attached? O Y ON Did you request more info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? Q Y 0 N
Is Mitigation required? 0 Y 0 N Recommendation: 0 Issue 0 Issue/fond 0 Deny
Provided by Region: Latitude (ddmmss) 354847 Longitude (ddmmss) 801452
Comments:
The WSRO recommends that this WO cert_ be issued with the following conditions:
1. Deed restrictions need to placed on the lots with surface waters.
2. Their payment to WRP needs to clear before they can start construction.
cc: Regional Office
Central Office Page Number 1
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00 1105, Mountain Valley, Davidson
Subject: 001105, Mountain Valley, Davidson
Date: Fri, 01 Sep 2000 09:47:04 -0400
From: Jennifer Frye <jennifer.frye@ncmail.net>
Organization: NC DENR Water Quality
To: "cyndi.karoly" <cyndi.karoly@ncmail.net>
On hold sent- See attached.
Have a great weekend!
Jen
Jennifer Serafin Frye
Division of Water Quality
NC Department of Environment and Natural Resources
Winston-Salem Regional Office
Winston-Salem, NC 27107
Voice: 336-771-4608 ext. 275 Fax: 336-771-4630
Name: 001105.doc
2001105.doc Type: Microsoft Word Document (application/msword)
Encoding: base64
Download Status: Not downloaded with message
FN??
1 of 1 9/1/0010:08 AM
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Regulatory Branoh
DSU ID:
NATIONWIDE PERMIT 1EQUEE1Z._.'
PRE-CONSTRUCT
FOR NATIONWIDE PERMITS THAT REQUIRE
1) NOTIFICATION TO THE
2) APPLICATION FOR SECT
3) COORDINATION WITH TH
SEND THE ORIGINAL AND (1) COPY OF T
OF THE CORPS OF ENGINEERS (SEE AM
SENT TO THE N.C. DIVISION OF ENVIRO
PLEASE PRINT.
1. OWNERS NAME : 1? ?CY(1?h t (l((l??c? y ??``
2. MAILING ADDRESS : Q ,O • iJD?( ???`
CITY:
PROJECT LOCA ON ADDRESS,
MAILING ADDRESS ABOVE):
3. TELEPHONE NUMBER (HOME)-
4. IF APPLICABLE: AGENT'S
ADDRESS, PHONE NUMBER:
5. LOCATION OF WORK (PROVIDE A MAPI
AERIAL PHOTOG PHY WITH SCALE):
COUNTY : OCR
SPECIFIC LOCATION (INCLUDE ROAD.
1
1
i
6. IMPACTED OR N EST STRI
RIVER BASIN: ?.
(SA),
I
i
i
OTO/Z00'a E6TZ# J32i zVx Roven
IACTION XD'
?VIDE NATIONWIDE PERMIT #):
I NOTIFICATION APPLICATION -
S OF ENGINEERS
401 CERTIFICATION
DIVISION OF COASTAL MANAGEMENT
COMPLETED FORM TO THE APPROPRIATE FIELD OFFICE
DDRESSES SRIET). SEVEN (7) COPIES SHOULD BE
'TAL MANAGEMENT (SEE AGENCY ADDRESSES SHEET).
RECEIVED
AUG '> 2 2000
V
ON NAME: _
ZIP CODE:
.ION NAME.(
- M'%- o
:ABLY A COPY OF USGS TOPOGRAPHIC MAP OR
;T TOWN OR CITY:
i, LANDMARKS, ETC.)
"10
ommle& -Im Aldo C«tk
7a. IS PROJECT LOCATED NEAR WATER C? SIFIED AS TROUT, TIDAL SALTWATER
HIGH QUALITY WATERS (HQW)I• XYTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY
£Z899L86T6 V: TT 000Z,6Z'Ony
7b.
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(WS-I OR WS-II)? YES ( r NO
i ] IF YES, EXPLAIN:
IF THE PROJECT IS LOCATED "' -? __"! ._ `•`?RTH CAROLINA DIVISION OF COASTAL MANAGEMENT
ARE OF ENVIRONMENTAL CONCERN (A ?C ? YES [ ) NO (X]
IF THE PROJECT IS LOCATED WITH COASTAL COUNTY (SEE PAGE 7 FOR LIST OF COASTA]
COUNTIES), WHAT IS THE LAND USE R AN (LUP) DESIGNATION:
HAVE ANY SECTION 404 PERMITS B PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY?
YES [ ] NO [x ] IF YES, PROVI ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY
ADDITIONAL INFORMATION (INCLUDE OTOCOPY OF 401 CERTIFICATION):
ARE ADDITIONAL PERMIT REQUESTS ECTED FOR THIS PROPERTY IN THE FUTURE?
YES ( ] NO [ ( ] IF YES, DESC
i A'N'TICIPATED WORK:
9A. ESTIMATED TOTAL NUMBER OF ACRE!
9B. ESTIMATED TOTAL NUMBER OF ACRE
10A. NUMBER OF ACRES OF WETLANDS 11
FILLING: EX
FLOODING: OT;
DRAINAGE: TO
103. (1) STREAM CHANNEL TO BE IMPA
DISTANCE BOTH BEFORE AND AFTE
LENGTH BEFORE: Ado_
WIDTH BEFORE (based on normal
WIDTH AFTER: S4
0TO/£00'd £6TZ#
TRACT OF LAND: ac
WETLANDS LOCATED ON PROJECT SITE: Q
'ED BY THE PROPOSED PROJECT BY:
ACRES TO BE IMPACTED: d
BY THE PROPOSED PRO61ECCT (IF RELOCATED, PROVIDE
LOCATION) :
FT AFTER: FT
h water contours): Em
ald 'Tait 3CKSn £Z859L86T6 SZ:TT 000Z,6Z'0nV
AVERAGE DEPTH BEFORE: dCRA
(2) STREAM CHANNEL IMPACTS WILL REM
OPEN CHANNEL RELOCATION:
CHANNEL ELEVATION: CONST3
OTHER: (V?03,4 6.0v ?nrV\ C
11. IF CONSTRUCTION OF A POND IS FRI
TO THE POND? .F1
WHAT IS THE EXPECTED POND SURFA4
12. DESCRIPTION OF PROPOSED WORK IN,
TO BE USED (ATTACH PLANS: 9140 X
we ft, &
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13. PURPOSE OF PROPOSED WORK:
Vh?w " = p? • Qn
mcv,,,A, s` k." \D,n?
' AFTER: or
'ROM: (CHECK ALL THAT APPLY)
:WENT OF PIPE IN CHANNEL:
.ON OF A DAM//FLOODING:
`sD, WHAT IS THE SIZE OF THE WATERSHED DRAINING
tF.A?
CNG DISCUSSION OF TYPE OF MECHWICAL EQUIPMENT
DRAWINGS ONLY) : i5 u?L ?n is S:ut (Ad
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14. STATE REASONS WHY IT IS BELIEVED
WETLANDS- (`INCLUDE; ANY MEASURES ?c?.O 3C (,% n
15. YOU ARE REQUIRED TO CONTACT THE
AGENCY ADDRESSES SHEET) RE;GARDIN
PERMIT AREA WHICH MAY BE AFFECTE
DATE CONTACTED:
16. DOES THE PROJECT INVOLVE AN EXPE
OTO/600'd £6TZ#
T THIS ACTIVITY MUST BE CARRIED OUT IN
E' TQ MINIM12E WE LAND•IMPACTS):
> \5 ? nq o? ipr `?o h9 QJo `e b
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HISTORIC PRESERVATION OFFICER (SHPO) (SEE
PRESENCE OF HISTORIC PROPERTIES IN THE
THE PROPOSED PROJECT.
OF PUBLIC PUNDS OR THE USE OF PUBLIC
T
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(STATE) LAND? YES [ ] NO
a. IF YES, DOES THE PROJECT
PURSUANT TO THE REQUIREM:
YES [ ] NO [
b. IF YES, HAS THE DOCUMENT
OF ADMINISTRATION STATE
IF ANSWER TO 17b IS YES, THEN SUBM
CLEARINGHOUSE TO DIVISION OF RNVIRi
NORTH CAROLINA ENVIRONMENTAL POLIC'
QUESTIONS REGARDING THE STATE CLEA
CHRYS BAGGETT, DIRECTOR STATE CL8A
ADMINISTRATION, 1302 Marl Service
TELEPHONE (919) 807-2425.
17. THE FOLLOWING ITEMS SHOULD BE
INVOLVES THE DISCHARGE OF EXCA
A. WETZJWD DELINEATION MAP SHO
PROPERTY (FOR NATIONWIDE PE
STREAMS (INTERMITTENT AND P
MAP SCALES SHOULD BE 1 INCH
EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIV
C. IF DELINEATION WAS PERFORMS
TO THE PLACEMENT OF THE DEL
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e, WHAT IS LAND USE OF
E. IF APPLICABLE, WHAT Is
g. SIGNED AND DATED BY AGENT
010/900'd C6TZ#
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8 PREPARATION OF AN ENVIRONMENTAL DOCUMENT
THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT?
THROUGH THE NORTH CAROLINA DEPARTMENT
YES [ ) NO [ )
RXATE DOCUMENTATION FROM THE STATE
MANAGEMENT REGARDING COMPLIANCE WITH THE
HOUSE REVIEW PROCESS SHOULD BE DIRECTED TO MS.
HOUSE, NORTH CAROLINA DEPARTMENT OF
er, RALEIGH, NORTH CAROLINA 27699-1302,
DED WITH THIS APPLICATION IF PROPOSED ACTIVITY
OR FILL MATERIAL INTO WETLANDS:
ALL WETLANDS, STREAMS, LAKES AND PONDS ON THE
NUMBERS 14, 18, 21, 26, 29, AND 38). ALL
ENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP.
,LS 50 FEET OR 1 INCH EQUALS 100 FEET OR THEIR
?TOGRAPH OF WETLANDS TO BE IMPACTED BY PROJECT.
A CONSULTANT, INCLUDE ALL DATA SHEETS RELEVANT
ION LINE.
MANAGEMENT PLAN IF REQUIRED.
PROPERTY?
METHOD OF SEWAGE DISPOSAL?
ION LETTER, IF APPLICABLE.
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(AGENT'S SIGNATURE VALID ONLY
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THE OWNER IS PROVIDED (ISG.))
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