19900317 All Versions_Complete File_20100726

0
V E?M- FV&eJW
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Lieutenant Colonel Thomas C. Suermann
District Engineer
Wilmington District
U.S. Army Corps of Engineers
P.O. Box 1890
Wilmington, North Carolina 28402-1890
Dear Lt. Colonel Suermann:
March 1, 1991
MAR dS
This responds to your February 15, 1991, Notice of Intent to Issue (NII) a
permit to the North Carolina Department of Transportation (NCDOT), Division
of Highways (Action ID. 199000326), for the placement of fill material in
wetlands adjacent to the Tar River associated with construction of the
Greenville Bypass, U.S. Highway 264, Pitt County, North Carolina. Attached
to your February 15, 1991 letter was a copy of the NCDOT's February 12, 1991
response addressing Service concerns. This is the report of the Service and
the U.S. Department of the Interior and is submitted in accordance with
provisions of the Fish and Wildlife Coordination Act (16 U.S.C. 661-667e)
and Section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C.
1531-1543). This supplements our previous reports dated September 14, 1990,
and January 7, 1991.
The Service continues to believe that the lack of or infeasibility of upland
alternative has not been fully documented and thus, mitigation commitments
seem premature. For this reason, the Service continues to recommend that no
Department of the Army permit be issued for the proposed work. In the event
the Corps determines that this project is in the overall public interest and
intends to issue above our recommendations, we have determined that
according to the 1985 Memorandum of Agreement between our agencies that we
will not elevate this permit. We do, however, recommend that at a minimum
any permit issued over our objections should stipulate that mitigation will
be provided on a two-to-one basis as this amount more approaches a
compensation level for the habitat values at this site.
The Service concurs with the stated permit conditions b. - f. The Service
looks forward to the DOT's submittal of the mitigation bank plan in early
April, 1991, as stated in their February 12, 1991 letter.
Sincerely yours,
L.K. Mike Gantt
Supervisor
s
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Govemor
William W. Cobey, Jr., Secretary
October 4, 1990
Dr. L. R. Goode, Ph.D., P.E.
Manager, Program and Policy Branch
N. C. Division of Highways
Department of Transportation
P.O. Box 25201
Raleigh, North Carolina 27611-5201
Dear Dr. Goode:
George T. Everett, Ph.D.
Director
Subject: Certification Pursuant to Section 401 of the Federal
Clean Water Act,
Proposed Ramp, U.S. Highway 264 Bypass
N. C. Department of Transportation
Thompson Canal
Pitt County
Attached hereto are two (2) copies of Certification No. 2521
issued to N. C. Department of Transportation dated October 4,
1990. -
If we can be of further assistance, do not hesitate to
contact us.
Sincerely,
(George T. Everett
Director
Attachments
cc: ?ashington 'lmington District Corps of Engineers
Regional Office
. William Mills
Mr. John Parker
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
4 1%
NORTH CAROLINA
PITT COUNTY
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the
requirements of Section 401 Public Laws 92-500 and 95-217 of the
United States and subject to the North Carolina Division of
Environmental Management Regulations in 15 NCAC 2H, Section .0500
to N. C. Department of Transportation pursuant to an application
filed on the 27th day of August, 1990 to construct a ramp (ramp
C) in conjunction with the construction of U. S. Highway 264
Bypass at Farmville.
The Application provides adequate assurance that the
discharge of fill material into the wetlands adjacent to Thompson
canal in conjunction with the proposed ramp construction.in Pitt
County will not result in a violation of applicable Water Quality
Standards and discharge guidelines. Therefore, the State of North
Carolina certifies that this activity will not violate Sections
301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted
in accordance with the application and conditions hereinafter set
forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner as
to prevent significant increase in turbidity
outside the area of construction or construction
related discharge (increases such that the
turbidity in the Stream is 50 NTU's or less are not
considered significant).
2. That mitigation for the wetland loss shall be by
debit of the Company Swamp Mitigation Bank.
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the
above conditions are made conditions of the Federal Permit.
This the 4th day of October, 1990.
DIVISION OF ENVIRONMENTAL MANAGEMENT
l
hu& /"
George T. Everett, Director
WQC# 2521
DIVISIO 3 OF EiaVI1z0i7NENl'AI. HANAGJ9iENT
U.S. AIZ14Y COE 404 PUBLIC NOTICE OR NA'T'IONWIDE PEIZ14IT APPLICATION REVIEW
U" -
PROJECT NAME: L
COUNTY: PROJECT 11: ?O -IBS 6 - -1?
STREAM OR ADJACENT WATER BODY: ?? ??, ? Gh • CLASS: L° t.v AKSCJ
BASIN: A&FL(
1404' PUBLIC NOTICE: ? (Y OR N)
NATIONWIDE PERMIT: (Y OR N) #
PROJECT DESCRIPTION:_ ?•
ASSIGNED TO: cfJy!a3i
DATE APP. REC'D.:-9 D D ?.? (Y'/MM/DD)
INITIAL REPORT: O O Z (YY/MM/DD) RECOMMENDATION:
FINAL REPORT: '5 O D 9 Z7 (YY/MM/DD) (ISSUE/DENY/OTHER)
WATER QUALITY CERT (401)
CERT. REQ'D: (Y OR N)
IF YES: GENERAL CERT:_I (Y OR N)
TYPE GEN: INDIVIDUAL CERT:y
(BULKHEAD, BOAT RAMP, ETC.)
SEWAGE DISPOSAL
TYPE OF DISPOSAL PROPOSED:
(EXISTING, PROPOSED SEPTIC TANK, ETC.)
TO BE PERMITTED BY: (DEM, DHS, COUNTY)
IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE? (Y OR N)
WATERNETLAND FILL
AREA OF FILL: WATER:
WETLAND : b , 3 a ?A
IS FILL ELIMINATING A SIGNIFICANT USE? (Y OR N)
DREDGING
IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS
RESOURCE? (Y OR N)
IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? (Y OR N)
SEQUENCING 1 /
IS SEQUENCING REQUIRED? Y (Y OR N)
PRACTICABLE ALTERNATIVE? n( (Y OR N)
MINIMIZATION OF IMPACTS? (Y OR N)
MITIGATION PROPOSED? (Y OR N) r;
e vo 7
RECOMMENDED CONDITIONS OR PERMIT RESTRICTIONS:
cc: WaRO - Mills - Central Files - COE
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501
9
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DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890 C-t'-??
CESAW-C090-N-074-0455
PUBLIC NOTICE
THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION (NCDOT), DIVISION OF
HIGHWAYS, Post Office Box 25201, Raleigh, North Carolina 27611-5201, has
applied for a modification to Department of the Army (DA) permit which
authorized PLACEMENT OF FILL MATERIALS IN OF WETLANDS ADJACENT TO LITTLE
CONTENTNEA CREEK AND VARIOUS TRIBUTARIES IN CONNECTION WITH THE RELOCATION OF
U.S. HIGHWAY 264 NEAR FARMVILLE in Pitt County, North Carolina. The
modification is TO PLACE FILL MATERIAL IN 0.3 ACRE OF WETLANDS ADJACENT TO
THOMPSON CANAL TO FACILITATE CONSTRUCTION OF AN ADDITIONAL RAMP ("RAMP C") AT
SITE "A".
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show the proposed placement of fill material, obtained from a
high ground source, in 0.3 acre of wetlands to construct an additional highway
access ramp. Surface flows, including Thompson Canal, are to be passed
through the roadway fill by a triple 9-foot by 7-foot R.C. box culvert and
three 48-inch diameter R.C.P.'s. The NCDOT intends to compensate for this
unavoidable loss of wetlands by debit of 0.3 acre from the NCDOT Company Swamp
Wetlands Bank. The purpose of the work is to provide improved, safer public
transportation facilities. Plans showing the work are included with this
public notice.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No DA
permit will be issued until the coordinated State viewpoint on the proposal
has been received and reviewed by this agency, nor will a DA permit be issued
until the North Carolina Division of Environmental Management (DEM) has
determined whether Water Quality Certificate No. 2182, issued November 18,
1987, needs modification, pursuant to PL 92-500.
This application is being considered pursuant to Section 404(b) of the
Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within
the comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of
registered properties, or properties listed as being eligible for inclusion
therein, and this worksite is not registered property or property listed as
being eligible for inclusion in the Register. Consultation of the National

-2-
Register constitutes the extent of cultural resource investigations by the
District Engineer, and he is otherwise unaware of the presence of such
resources. Presently, unknown archaeological, scientific, prehistorical, or
historical data may be lost or destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that
the proposed activity will affect species, or their critical habitat,
designated as endangered or threatened pursuant to the Endangered Species Act
of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and, if so, the conditions under
which it will be allowed to occur are therefore determined by the outcome of
the general balancing process. That decision should reflect the national
concern for both protection and utilization of important resources. All
factors which may be relevant to the proposal must be considered including the
cumulative effects thereof. Among those are conservation, economics,
aesthetics, general environmental concerns, wetlands, culturai values, fish
and wildlife values, flood hazards•and flood plain values.(in accordance with
Executive Order 11988), land use, navigation, shore erosion and accretion,
recreation, water supply and conservation, water quality, energy needs,
safety, food and fiber production, mineral needs, considerations of property
ownership, and, in general, the needs and welfare of the people. For
activities involving the placement of dredged or fill materials in waters of
the United States, a permit will be denied if the discharge that would be
authorized by such permit would not comply with the Environmental Protection
Agencies' 404(b)(1) guidelines. Subject to the preceding sentence and any
other applicable guidelines or criteria, a permit will be granted unless the
District Engineer determines that it would be contrary to the public interest.
The Corps of Engineers is soliciting comments from the public; Federal,
State, and local agencies and officials; Indian Tribes and other interested
parties in order to consider and evaluate the impacts of this proposed
activity. Any comments received will be considered by the Corps of Engineers
to determine whether to issue, modify, condition or deny a permit for this
proposal. To make this decision, comments are used to assess impacts on
endangered species, historic properties, water quality, general environmental
effects and the other public interest factors listed above. Comments are used
-3-
in the preparation of an Environmental Assessment and/or an Environmental
Impact Statement pursuant to the National Environmental Policy Act. Comments
are also used to determine the need for a public hearing and to determine the
overall public interest of.the proposed activity.
Generally, the decision whether to issue this DA permit will not be made
until the DEM issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The DEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the DA permit
serve as application to the DEM for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
Carolina Division of Environmental Management, Salisbury Street, Archdale
Building, Raleigh, North Carolina. Copies of such materials will be furnished
to any person requesting copies upon payment of reproduction costs.
The DEM plans to take final action in the issuance of the Clean Water Act
certification on or after October 5, 1990.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the North
Carolina Division of Environmental Management, Post Office Box 27687, Raleigh,_
North Carolina 27611-7687, on or before October 1, 1990, Attention:
Mr. William Mills.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. David Lekson, until 4:15 p.m.,
October 1, 1990, or telephone [phone].
PROJECT LOCATION MAP
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MILES
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5,000 2,500 0 S,OOQ _10 000 151000
TOTAL FILL BELOW'
ORDINARY HIGH WATER =16,083. U.
TOTAL FILL= 77 5, 0 9 9 C .Y. .,

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IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
August 24, 1990
SUBJECT: File No. CESAW-C090-N-074-0455
Mr. William Mills
Water Quality Section
Division of Environmental Management
North Carolina Department of Environment,
Health and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Mills:

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79 .`
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90
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Pl
01717n9
q(ljY
Enclosed is the application of the North Carolina Department of
Transportation, Division of Highways, for modifications to Department of the
Army (DA) authorization and State Water Quality Certification No. 2182, issued
November 18, 1987, to place fill material in 0.3 acre of wetlands adjacent to
Thompson Canal to facilitate construction of an additional ramp ("Ramp C") at
Site "A" in connection with the relocation of U.S. Highway 264 near Farmville
in Pitt County, North Carolina. Your receipt of this letter verifies your
acceptance of a valid request for certification in accordance with Section
325.2(b)(ii) of our administrative regulations.
We are considering authorizing the proposed activity pursuant to Section
404 of the Clean Water Act, and we have determined that a water quality
certification may be required under the provisions of Section 401 of the same
law. A DA permit will not be granted until the certification has been
obtained or waived.
In accordance with our administrative regulations, 60 days after receipt
of a request for certification modification is a reasonable time for State
action. Therefore, if you have not acted on the request by October 24, 1990,
the District Engineer will deem that waiver has occurred.
Questions or comments may be addressed to Mr. David Lekson, telephone
[phone].
Sincerely,
Wa ne Wrig
hief, Regulatory Branch
Enclosure
. t
-2-
Copy Furnished (without enclosure):
Mr. John Parker
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
i
?sAvl 0 7¢ Dy?Ss
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
P.O. BOX 25201
RALEIGH 27611-5201
JAMES G. MARTIN
GOVERNOR
THOMAS J. HARRELSON
SECRETARY
District Engineer
U.S. Army Corps of Engineers
P.O. Box 1890
Wilmington, NC 28402
ATTN: Regulatory Branch
Dear Sir:
August 9, 1990
?E yLP
??.; ? ± 599
REGULATORY BR.gN?H SS
od
DIVISION OF HIGHWAYS
GEORGE E. WELLS, P.E.
STATE HIGHWAY ADMINISTRATOR
SUBJECT: Pitt County, Highway US 264, NCDOT Project No. R-525BC, Permit
No. SAWC087-N-074-0556, dated December 11, 1987
The above individual permit authorizes fill in 9.5 acres of wetlands
associated with various tributaries of Little Contentnea Creek. Mitigation
involved debiting the NCDOT Company Swamp Bank.
The project is now being constructed and a design change to add one
ramp has become necessary. This additional ramp would involve 0.3 acre
of wetland fill at Site "A". The ramp is labeled "Ramp C" on the enclosed
drawing titled "Sheet 2 of 20". A modification to the above permit is hereby
requested in order for this work to go forward.
The design process for the ramp attempted to avoid the wetland areas,
but this could not be accomplished: Next, the wetland area impacted was
minimized. This was accomplished by changing the US 264 end of the ramp
from approximately Station 300 to approximately Station 305 (see attached
drawing). This left an unavoidable wetland loss of 0.3 acre. We propose
debiting 0.3 acre from the NCDOT Company Swamp Wetland Bank for this
additional loss.

Page 2
August 9, 1990
We respectfully request that the permit modification be treated
as a minor one, and request an expeditious reply from your office.
Si cerely,
L.R. Goode, Ph.D., P.E.
Manager, Program & Policy Branch
LRG/gdp
cc: Mr. Bill Mills, DEM, DEHNR
Mr. W.M. Ingram, P.E.
Mr. Don Morton, P.E.
Mr. A.L. Hankins, P.E.
Mr. Howard Critcher, P.E.
Mr. Bob Brown, P.E.
Mr. L.A. Sanderson, P.E.
Mr. John Smith, P.E.
Mr. D. J. Bowers, P.E.
Mr. Dennis Pipkin, P.E.
Mr. Nicholas L. Graf, P.E., FHWA
Mr. W.D. Johnson, Roadside Env.
R (1 r .kj•• , -j1 , ° - ?YS+ l li.??i 11? " ..
i°9Q
PERMIT TO EXCAVATE AND/OR FILL tJA>3QilALITY CERTIFICATION
EASEMENT IN LANDS COVERED BY WATER CAMA ff== FOR MAJOR DEVEIi?W&1V'RY ER r Cq
Department of Administration Suts of North Cuolina Ocpartmentof the Army
(GS 14612) Department of Nawral Resources and Communkr: ut Corps of Engineers, Wilmington Distrie
(GS 113-229,143-215.3(a)(1), 143.215.3(c), 1134 -'3 (33 CFR 209.320329)
Please type or print and fill in all blanks. If infomution is not applicable, so c-'` by placing N/A in blank
ATTN: Dr. L. R. Goode, PE, Manager, Program & Policy Branch
Applicant Information
A. Name N. C. Department of Transportation - Division of Highways
Last First Middle
B. Address P. O. Box 2 5 2 0 1
Street, P. O. Box or 4.n=
Raleic7h, North Carolina 27611 [phone]
City or Town State Zip Code Phone
11. Location of Proposed Project:
A. County Pitt
B. 1. City, town, community or landmark Fa rmy i l 1 e , NC
2. Is proposed work within city limits? Yes No X
C. Creek, river, sound or bay upon which project is located or nearest nary= 30dy of water to project
Little Contentnea Creek & it's tributaries
111. Description of Project
A. 1. Maintenance of existing project 2. New work Relocation of US 264
3. Purpose of excavation or fill
?s 1. Access channel length width depth
2. Boat basin length width depth
3. Fill area length width depth
4. Other Highway Crossing length ariouswidthVariousdepth Various
C. 1. Bulkhead length Average distance waterward of MHht szorclinc)
2. Type of bulkhead construction (material)
D. Excavated material (total for project)
1. a-bic yards N/A 2. Type of material
E. Fill material to be placed below MHW (see also VI. A)
1 . Cubic yards 16 , 083 (8-9-90 rev. ) 2. Type of material Sand & C l a y
0 3 ace addit]'onal fill in wetlands due to Ramp C Site"A"
IV. Land Type, btsposal ?rea, and Construction Equipment:
A. Does the area to be excavated include any marshland, swamps or other -sand? Yes No
B. Does the disposal area include any marshland, swamps or other wetlanc 'r es No
C. Disposal Area N/A
1. Location
2. Do you claim title to disposal area?
D. Fill material source if fill is to be trucked in
E. How will excavated material be entrapped and erosion controlled? Di kes & s i 1 t screens as requ i red
F. Type of equipment to be used Highway construction equipment
G. Will marshland be crossed in transporting equipment to project site? t- explain
Db F-131
22ev_ 10/78
V. Intended U of Prc{ect Area (Describe)
A. 1. Private
• 2. Commercial
3. Housing Development or Industrial
4. Other Public Highway
B. 1. Lot size(s) N/A
2. Elevation of lot(s) above mean high water
3. Soil type and texture
4. Type of building facilities or structures
S. Sewage disposal and/or waste water treatment A. Existing Planned
B. Describe
6. Land Classification (circle one) DEVELOPED TRANSITIONAL COMMUNITY RURAL
CONSERVATION OTHER (See CAMA Local Land Use Plan S n
VI. Pertaining to Fill and Water Quality:
y opsis,
A. Does the proposed project involve the placement of fill materials below mean high water? Yes ^ No
B. 1, Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following project completion? Yes.. No
2. Type of discharge Rainfall runoff
3. Location of discharge From highway ditches
VII. Present rate of shoreline erosion (if known):
VIII. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
work in project area, if applicable:
IX. Length of time required to complete project: Sites A & D : 1 yr.-3 mo. Sites B & C : 2 years
to t o let in Aug. 1983 to be et in
1990
X. In addition to the completed application form, the fo lowing items must be provided:
?•? A. Attach a copy of the deed (with State application only) or other instrument under which applicant
claims title to the affected property. OR if 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 on his land.
B. Attach an accurate work plat drawn to scale on 8h X 11" white paper (see instruction booklet for
details). Note: Original drawings preferred - only high quality copies accepted,
C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or
certified mail or by publication (G.S. 113-229 (d))Enter date served January 21. 1983
D. List names and complete addresses of the riparian landowners with property adjoining applicant's.
Such owners have 30 days in which to submit comments to agencies listed below,
X1. Certification requirement: I certify that to the best of my knowledge, the proposed activity complies
with the State of North Carolinak approved coastal management program and will be conducted in a
manner consistent with such program.
XII. Any permit issued pursuant to this application will allow only the development described in this appli•
cation and plat. Applicants should therefore describe in the application and plat all anticipated devel-
opment activities, including construction, excavation, filling. and I,Za4i clearing.
DATE AiigiiSt 9. 199() { ',flLl,....• ! ?'. ?'?'?
Applicant's Signature
Manager, Program & Policy Branch
osF•a2 SEE REVERSE SIDE FOR MAILING INSTRUCTIONS
PROJECT LOCATION MAP
ENO STATE PROJE .,
BEGIN SfAfE R rt ?? NO..&1230101
NO. 9.1230101 ?? t%: A 1222 ? tz+? _ STA. 627+50
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PROJECT LOCATION MAP FROM N.C. D.O.T. HIGHWAY MAP
MILES
1 4 0 1 2 3
FEET
5,000 2.500 0 5,000 10,000 15,000
TOTAL FILL BELOW
ORDINARY HIGH WATER =16,083. CY,
TOTAL FILL= 775,099 ' CY.
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