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HomeMy WebLinkAbout20070592 Ver 1_Application_20070404/;r F "~~O i~ ~~~ ~~ ~~~ . ~~T. •~~qp ~ i j~~ '~ ~ ~ "~ °~ ~ .a,u, ; ,~ ~ ~~~~~ 2 ,~ 200 ~~a,~~,f, ~ e,r. ,~P1Ch STATE of NORTH CAROLINA ~,~ t~" '~'~~ ~~ L','~s ~,,~ .,, ..:K, DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY LYNDO TIPPETT GOVERNOR SECRETARY March 22, 2007 Attention: Mike Murray C C -~ Cape Hatteras National Seashore ~ V ~~ 1401 National Park Drive Manteo, NC 27954 Dear Mr. Murray, The purpose of this letter is to request a Park Service Special Use Permit for the replacement of seven bridges and the associated temporary beach detour on Ocracoke Island. These bridges are located between the Pony Pen and Beach Access Ramp # 68: The temporary beach detour will begin at the Pony Pen parking lot and follow the existing boardwalk until on the beach face beyond the dune line. The proposed beach access point has an existing path that can be followed, which will not result in impact to the dune community. This is illustrated in the provided photographs. Any of the barrier post and parking lot sidewalk that has to be removed for the temporary access will be replaced prior to the project completion. On the south end of the beach detour there is an existing beach access ramp # 68 that will be utilized for the detour. There is no proposed work to be done to the beach face or at ramp # 68 to allow for any other vehicles than four-wheel drive. Included with this letter are the permit applications to the Corp of Engineers, Division of Water Quality and Division of Coastal Management for the bridge replacements. These applications have detailed permit drawings and pertinent information regarding each bridge replacement. All the bridges are being replaced on existing alignment and within the existing roadway fill slopes. Each bridge will be longer than the existing bridge and a reduced number of support bents. Therefore, the bridge projects will not impact any wetlands. The only fill in surface waters will result from the actual support pilings. These impacts are detailed in the provided applications. In order to accomplish this project NC 12 will have to be closed from January 2, 2008 to March 15, 2008. During this time traffic will be limited to four-wheel drive access on the temporary beach detour. On March 15, 2008 this detour will be closed and NC 12 reopened to normal vehicle traffic. NCDOT has and will continue to coordinate with the Village of Ocracoke to provide for their needs during the time of road closure. In order for the contractor to accomplish this project NCDOT is requesting permission to use three staging areas. These areas will be used to store equipment and bridge construction supplies. Any damaged done to these areas duruig the operation will be restored to pre-construction activities. The proposed location sites are provided in aerial photo's included with this request. NCDOT is currently in the process of writing an environmental assessment to address all natural resources concerns. This document will be available during the summer of 2007 and a copy provided to the NPS for your review. Protected Species on Ocracoke Island has been addressed through on-site habitat evaluation and potential effect determination from the project. Biological conclusion for each species is provided in each bridge application. The biological conclusions have been sent to the USFWS for their concurrence. NCDOT appreciates the NPS efforts in coordinating the replacement of these bridges on Ocracoke Island. If any additional information is needed or clarification of the provided information, please call Clay Willis at 252-482-5889. 113 Airport Dr., Suite 100, Edenton, NC 27932 -Phone: (252) 482-7977 Fax: (252) 482-8722 Sincerely, Anthony Roper Division One Engineer Clay Willis Division One Environmental Officer Cc: Bill Biddlecome, COE Garcy Ward, DWQ Steve Trowell, DCM Gary Jordan, USFWS Travis Wilson, NCWRC Steve Thompson, NPS 113 Airport Dr., Suite 100, Edenton, NC 27932 -Phone: (252) 482-7977 Fax: (252) 482-8722 r Lt7 L! 1 N O O Z ~~~ Ocracoke Bridge Work 0 500 1,000 2,000 Feet 0 .~ m 0 U C'a L U 0 0 0 0 N O C ..., 0 a v v d v ee a~ s~ at s, 0 a E~ a~ a 0 a ~~ `+. l ~~ f)~. qN~, ~~o i ~ . {q .. "'1 .. ... STATE of NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY LYNDO TIPPETT GOVERNOR SECRETARY March 22, 2007 U.S. Artny Corps of Engineers - Regulatory Field Office o ~j Post Office Box 1000 e ~ Washington, N.C. 27889-1000 Attention: Bill Biddlecome Subject: G.P 31 permit request associated with the replacement of bridge #42 over Quorks Point Creek on Ocracoke Island, Hyde County. T11e North Carolina Department of Transportation is requesting a GP 31 permit for the replacement of bridge # 42 over Quorks Point Creek on Ocracoke Island in Hyde County. The proposed bridge is 120 ft. in length by 35 ft. in width. It will be a precast cored slab structure consisting of two end bents and two interior bents. Each interior bent will have 8 concrete piles. This bridge will be replacing a 107 ft. long by 20 ft. wide wooden bridge supported by 13 wooden bents and piles. The existing bridge and pilings will be removed. If pilings cannot be extracted from Quorks Point Creek, they will be broken of below the thud line. The bridge design does not require any fill beyond the existing toe of slope, which results in no wetland or surface water impacts. Bent # 1& 2 piles are located above the NWL of Quorks Point Creek. The longer bridge will allow old approach fill removal, resulting in 0.03 acres being restored to the sun•ounding wetland elevation. This area is shown on the provided drawings. Traffic will be detoured off-site on a beach access route coordinated with the NPS. This route will begin at the Pony Pens and continue south to ramp # 68. In conjunction with this request NCDOT is also requesting a general permit from the DCM and a special use permit from the NPS, which authorizes the bridge replacement and detour route. This bridge replacement will be conducted between January 2 and March 15 of 2008. Included with this request are the PCN, permit drawings, USFWS concurrence request letter and vicinity maps. If you need any additional information or have any questions concerning this project, please call me at 252-482- ?977. Sincerely, Anthony Roper Division One Enginee Clay Wi11isL~ Division One Environmental Officer Cc: Garcy Ward, DWQ Gary Jordan, USFWS _ , Travis Wilson, WRC Thayer Broili , NPS Steve Thompson ,NPS Bridge # 42 Replacement Ocracoke, Hyde County ~~ 'y ~' ~ x ~•" 5 ~ Lam ., +,~, . ~~ 3 ~ • ~.. Ckks ~nm ~~.~ ., ~ ~ •. 1 Pxr K - KnoN G era` i Cyr r?~~k~~ P~~~t • h,%` ridge # 42 35.14045$I{~ •~ Q 75.8 3~4~ W cum ilF~dmB 'il4 :.. ~: I '~ ;J' Bury }Sra f :urn 0 N O O Z -~-~Q Office Use Only: Form Version March OS '~ USACE Action ID No DWQ No. 2 0 0 7 0 5 9 2 (If any particular item is not applicable to ttus project, please enter °NOt Hppiicaoie- or ~~~~-..~ I. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ® Riparian or Watershed Buffer Rules ^ Section 10 Permit ^ Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ^ Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: GP31 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ^ 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ^ 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: II. Applicant Information Owner/Applicant Information Name: NCDOT Division One (Clan Willis) Mailing Address: 113 Airport Drive Suite 100 Edenton N.C. 27932 Telephone Number: 252-482-7977 Fax Number: 252-482-8722 E-mail Address: tcwillis~u dot state nc us 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Company Affiliation: Mailing Address: Telephone Number: E-mail Address: Fax Number: Updated 11/1/2005 Page 5 of 13 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps maybe included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Bridge # 42 replacement in Ocracoke Hyde Countv 2. T.I.P. Project Number or State Project Number (NCDOT Only): 39396 3. Property Identification Number (Tax PIN): N/A 4. Location County: Hyde Countv Nearest Town: Ocracoke Subdivision name (include phase/lot number): N/A Directions to site (include road numbers/names, landmarks, etc.): From the H~*teras/Ocracoke Ferry Dock the bridge is 7 43 miles south on NC 12. 5. Site coordinates (For linear projects, such as a road or utility line, attach a srieet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (b digits minimum): 35.140458 °N 75.893247 °W 6. Property size (acres): 0.50 acres 7. Name of nearest receiving body of water: Quorks Point Creek / Pamlico Sound River Basin: Tar-Pamlico (Note -this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http•//h2o.ern•.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Existing 107 ft wooden bridge along NC 12 that crosses over Quorks Point Creek The surrounding_ landscape is beach /dune, maritime shrub, wetlands community that is within the National Park Service Cape Hatteras Sea Shore. Updated 11/1/2005 Page 6 of 13 10. Describe the overall project in detail, including the type of equipment to be used: Bridge # 42 is an existing 107 ft X 20 ft wooden bride on timber bents and piles. This bridge is being replaced with a 120 ft long X 35 ft wide precast cored slab concrete bridge. The proposed bridge will have two end bents and two interior bents as shown in the provided drawings Each interior bent will have 8 piles Rip-rap will be placed at each end bent to prevent scour The old fill will be removed and grade level will be restored to surrounding wetland elevation Equipment used will include cranes excavators dumptrucks. Traffic will be detoured around the site by using a beach detour as allowed by the National Park Service ~ecial use permit 11. Explain the purpose of the proposed work: To reRl,ace an existing bridge that has received a poor structural rating The new bridge will insure the traveling public a safe route to Ocracoke Village from the Hatteras/ Ocracoke Ferry terminal. IV. Prior Project History If jurisdictional determinations and/or permits have been requested. and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USAGE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. In conjunction with this COE / DWO permit, NCDOT_ will be acquiring a DCM eg neral,permit and a special use permit from the NPS. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. None __ VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be Updated 11!1/2005 Page 7 of 13 listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads).. Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appl;•opriate. Photographs maybe included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Provide a written description of the proposed impacts: The bridge replacement will be conducted within the existing_toe of sloe therefore there are no wetland impacts associated with this project. Bent #1 & # 2 will have all piles placed above the normal water line of 4uorks Point Creek and will result in no surface water impacts The old bridge has 13 bents and associated wooden pilings that will be removed. The existing Hiles will be nulled out or cut of below the mud line of Ouorks Point Creek The proposed longer bridge will result in 0 03 acres of old fill being removed and the ground restored to surrounding wetland elevation. 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, senar(,tely list impacts due to both structure and flooding. NONE Wetland Impact Site Number I (indicate on map} 4 Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain es/no Distance to Nearest Stream linear feet) Area of Impact (acres) I i Total Wetland Impact (acres) 3. List the total acreage (estimated) of all existing wetlands on the property: 0.02 acres 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated stl-eams must be included. To calculate acreage, multiply length X width, then divide by 43,560. NONE Updated 11/1/2005 Page 8 of 13 Stream Impact Number (indicate on ma) Stream Name Type of Impact Perennial o~ Intermittent. Average Stream Width Before Im act Impact Length (linear feet) Area of Impact (acres Total Stream Impact (by length and acreage) 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dred in ,flooding, drainage, bulkheads, etc. Open Water Impact Site Number indicate on ma) Name of Waterbody (if applicable) Type of Impact Type of Waterbody (lake, pond, estuazy, sound, bay, ocean, etc.) Area of Impact acres Total Open Water Impact (acres) 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Im act (acres): None i Wetland Im act (acres): None Open Water Impact (acres): None Total Im act to Waters of the U.S. (acres) None Total Stream Im act (linear feet): None 7. Isolated Waters Do any isolated waters exist on the property? ^ Yes ®No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. 8. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands Describe the method of construction (e.g., dam embankment, excavation, installation of draw-dawn valve or spillway, etc.): Updated 11/1/2005 Page 9 of 13 Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Current land use in the vicinity of the pond: Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It maybe useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. Bridge has been design to avoid impacts to wetlands by increasing the length of the proposed bridge by 13 ft. and keeping the construction limits within the existing toe-of-sloe VIII. Mitigatiorn DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USAGE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USAGE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina (see DWQ website for most current ver~i on .l. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions Updated I1/l/200 Page 10 of 13 and/or map, if offsitej, affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism ~ (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919} 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http:/lwwvv.nceep.net/pages/inlieureplace.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount ofNon-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres):- N/A IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ® No ^ 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5.083 to review current thresholds for environmental documentation. Yes ® No ^ 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ^ No X. Proposed Impacts on Rparian and Watershed Buffers (required by D~'Q) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to rewired crate 2nd. local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Updated 11/1/2005 Page 11 of 13 Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 1 SA NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ® No ^ Temporary impacts from type 3 clearing (no grubbing) in buffer zone 1 & 2 are shown on the permit drawings. This clearing is for a sufficient work zone area. 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (s uare feet Multiplier Required Mitigation 1 3 (2 fur Catawba) 2 1.5 Total * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone i . 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0244, or .0260. N/A XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious .surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. Impervious acreage will_ increase by 0.04 acres do to new bridge approaches There will no deck drains on the bride. XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. N/A ___ updated 11/1/2005 Page 12 of 13 XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ^ No Is this an after-the-fact permit application? Yes ^ No ^ XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ^ No If yes, please submit a qualitative or quantitative .cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http:/i'h.2c~.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: XV. Other Ci~•cumstances (Optional): It is t:~e applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. 1-Iowever, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). ~~ L Applican~Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Updated 11!112005 Page 13 of 13 n d z ~..~ ~ y. ,y,= ~ xr~3 ewe tL p Qa ~ a" -°" ~~a•~ m A y y N m O '1 m O `J td ... ., a a. c' ( ~ 2 r c ~ y ~y W t~ VI O W cn ~ ~ O n ~ `~ ' ~• ti .~ ~-. A ,.~ ~ A~ p O ~ ~,~ ..i y ~r~ 'F , ~ y . ~ ~ f9 ~7"3 ~ O C (D ^ .~+ ~ ~t r ~ y ro -, ~' n o M ~ v H I ~ o y .A ~. ~~ o u .:; ~ ~ y ~ N N r-3 ~ G ~ ~ ~~ ~~~ ~ N ~ o ~° - ` O W y ~ ~ N p ~ ~ N U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. 200610038 County: Hyde U.S.G.S. Quad: Howard Reef NOTIFICATION OF JURISDICTIONAL DETERMINATION Properly Owner/Agent: North Carolina Department of Transaortation ~ ~("~ ~ ~~~~ Address: Greaory J. Thorpe, Ph.D '~6 1548 Mail Service Center Raleish, North Carolina 27699-1548 JAN 2~i ZQQb Telephone No.: (919) 733-3141 Property description: (~$~~ QF HI~!i'~AYS Size (acres) 5 acres Nearest Town Ocracoke PQ~..~,OFFIG~E ~ NAillAAI E!~ViRON1~iT Nearest Waterway Ouokes Point Creek (Try Yard Creek) River Basin Pamlico Sound USGS HUC 03020105 Coordinates N 35.1429508 W 75.8862166 Location description The project is located on NC Hwv 12 at Bridle # 42 north of the village of Ocracoke adjacent to and crossing Quokes Point Creek. Indicate Which of the Followinz? Apply: _ Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). _ There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X There are waters of the U.S. including wetlands on the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination maybe relied upon for a period not to exceed five years from the date of this notification. _ We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. _ The wetland on your property have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. X The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on 10/20/2005. Unless there is a change in the law or our published regulations, this determination maybe relied upon for a period not to exceed five years from the date of this notification. _ There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination maybe relied upon for a period not to exceed five years from the date of this notification. X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Elizabeth City, NC, at (252) 264-3901 to determine their requirements. Page 1 of 2 Action Id. 200610038 Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Bill Biddlecome at (252) 975-1616 ext. 26. Basis For Determination: This site exhibits wetland criteria as described in the 1987 Coras Wetland Delineation Manual and is cart of a broad continuum of wetlands connected to Quokes Point Creek (Try Yard Creek), a tributary of the Pamlico Sound. Remarks: Posted sisn at bridee crossing classifies the creek as Quokes Point Creek but USGS Quad man shows the system as cart of Trv Yard Creek. ,, , , Corps Regulatory Official: i" - Date 10/20/2005 Copy Furnished: Cindy Carr Mulkey Engineers & Consultants P.O. Box 33127 Raleigh, North Carolina 27636-3127 Expiration Date 10/20/2010 Page 2 of 2 W3'. , r: ~ licant: NCDOT File Number: 200610038 A Date: 10/20/2005 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of A ermission PROFFERED PERMIT Standard Permit or Letter of ermission B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E 'SECTION I'-The following dentifes yourrights and options regarding an administrative.appeal of the;above decision.:: Additional information maybe found of http://www:usace:army:mil/inet/functions/cw/cecwo/reg or Co s re lations at 33 CFR Part 331:. - - A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its teens and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION:' You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION lI - RE UEST FOR APPEAL or"OBJECTIONS`,TO AN'INITIAL PROFFERED PERMIT ` REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is alread in the administrative record. POINT OF CONTACT FOR UESTIONS OR INFORMATTIQN: - If you have questions regarding this decision If you only have questions regarding the appeal process you and/or the appeal process you may contact: may also contact: Bill Biddlecome Mr. Michael F. Bell, Administrative Appeal Review Officer Regulatory Division CESAD-ET-CO-R Washington Filed Office U.S. Army Corps of Engineers, South Atlantic Division Washington, North Carolina 27889 60 Forsyth Street, Room 9M15 (252 975-1616 ext.26 Atlanta, Georgia 30303-8801 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investi ations. Date: Telephone number: Si nature of a ellant or a ent. DIVISION ENGINEER: Commander U.S. Army Engineer Division, South Atlantic 60 Forsyth Street, Room 9M15 Atlanta, Georgia 30303-3490 March 22, 2007 Mr. Gary Jordan U.S. Fish and Wildlife Service Raleigh Field Office 551F Pylon Drive Raleigh, North Carolina 27606 RE: Informal Section 7 Consultation for Protected Species, Ocracoke Island Bridge Replacemelt Projects, Hyde County, North Carolina State Transportation Improvement Program (STIP) B-5015, B-5016, B-5017, North Carolina Moving Ahead (NCMA) 1009B, MA 1O11B, and SB 622 Dear Mr. Jordan, The North Carolina Department of Transportation (NCDOT) proposes to replace the seven bridges on NC Highway 12 (NC 12) on Ocracoke Island with new structures constructed at the existing locations (Figure 1). The proposed seven project sites will be built using State funding through the State Transportation Improvement Program (STIP), North Carolina Moving Ahead (NCMA), and NCDOT Division 1 bridge maintenance funds. The bridge sites are identified as Bridge No. 10 over Island Creek; Bridge No. 24 over Shad Hole Creek; Bridge No. 31 over Old Hammock Creek; Bridge No. 39 over Molasses Creek; Bridge No. 42 over Quokes Point Creek; Bridge No. 46 over Parkers Creek; and Bridge No. 49 over Try Yard Creek. As of January 29, 2007, the USFWS has listed the following species in Hyde County as receiving federal protection: American alligator (Alligztor»assissippaazsis), bald eagle (Halia~us lhalus), red-cockaded woodpecker (Picnidg Frirealzs), piping plover (Charaatri~s rr,~ac$rs), red wolf (Canis rufi~s), West Indian manatee (Tru~lius mznaix~s), green sea turtle (Cl~elora'a mydas), hawksbill sea turtle (Emtarr~xha~js rr~ricata), Kemp's ridleysea turtle (Le~rida~ael~ ke~riz), leatherback sea turtle (Denra~el~ crn~acra), logge_head sea turtle (Can~ta can~ta), shortnose sturgeon (Aapereser brezirastnsrrl), seabeach amaranth (Arrurantlnis purrilus), and sensitive joint-vetch (Aescfryrw~rene zirgirrica). Previous implementation plans called for replacing the bridges sequentially over multiple years without using the beach for detour access. Based on this construction plan and in accordance with Section 7 of the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531-15-13), Mr. Pete Benjamin noted in a March 4, 2005 letter that the USFWS concurred with a determination that bridge construction would have "no effect" on these species with the exception of the West Indian manatee. With implementation of the Service's "Guidelines for Avoiding Impacts to the West Indian Manatee" for this project, a determination of "May Affect, Not Likely to Adversely Affect" was concurred for the manatee. Revisions to the implementation plan now call for construction of the new bridges to occur simultaneously during the January 2 to March 15, 2008 winter season and will require the NC 12 roadway be closed to traffic during that period. To accommodate local traffic on Ocracoke Island, the National Park Service (NPS) has proposed to open the Atlantic coast beach for off- road vehicle travel between the NPS campgrounds access ramp (south of the bridge sites) and MULKEY INC. 6750 TRYD~J ROAD CARP, NC 2751 1 P^ BOX 33127 RALEIGH, NC 27636 PH: 919.651-191 2 FAX: 919-851-1918 WWW.MULKEYIN C.COM Mr. Gary Jordan, USFWS March 22, 2007 Page 2 the Pony Pens dune break (north of the bridge sites). Figure 1 provides an overview of the bridges sites and proposed beach detour route. The NCDOT retained Mulkey, Inc. (Mulkey) to conduct natural resources investigations to determine the presence of protected species or their habitats as part of National Environmental Policy Act requirements. Mulkey is also preparing a Natural Resources Technical Report for the project. To support this effort field surveys were conducted by qualified biologists from Mulkey for the seven bridge sites between October 28 and November 11, 2004 and along the Atlantic coast beach on February 27, 2007. The surveys were conducted to investigate the presence of protected species and habitat assessments. During these surveys, Mulkey personnel identified possible habitat for sea turtles, piping plover, and sea-beach amaranth. It is noted the optimal survey window to detemne the presence of sea-beach amaranth is annually between June and the fast frost. Since project construction will occur outside timeframes for sea turtle and piping plover nesting seasons and the growth season for sea-beach amaranth, the N®OT requests your concurrence with a determination of "May Affect, Not Likely to Adversely Affect" for sea turtles, piping plovers, and "No Effect" for sea-beach amaranth. The following information is provided in support of the biological conclusion. Sea Turtles Green t+_ir~'es are found worldwide in both tropical and sub-tropical waters. They travel using pelagic convergence zones and use shallow protected waters for benthic feeding grounds. Adults f.°ed iargely on marine algae and grasses but may also eat small mollusks, sponges, crustaceans, and jellyfish. Females lay eggs at night on high energy oceanic beaches in deep nest cavities above the high water line. In North Carolina, the nesting season generally occurs between 11~~y 1 and October 31. According to the NPS, sea turtle strurdings typically occur between the fall and spring seasons, indicating sea turtles are using the Pamlico Sound as a winter fec-.di_ng ground. Two juvenile green turtle strandings in marshes between the Hatteras ferry dock and Ocracoke Village were documented by the NCWRC between 1999 and 2004. Appropriate nesting habitat is available along the Atlantic coast beach and foraging is available in waters of the Pamlico Sound. Because the project will occur during the winter season when green sea turtles are not likely to use the Ocracoke Island beach or tidal creeks, concurrence with a "May Affect, Not Likely To Adversely Affect" determnation is requested. Adult Kernp's ridley turtles are thought to be shallow water benthic feeders, eating crabs and mollusk. Juveniles and sub-adults travel the Atlantic coastal waters from Georgia to New England, where they feed in bays, coastal lagoons, and river mouths, while adults are usually confined to the Gulf of Mexico. Hatchlings feed on sargassum and associated invertebrate fauna or other pelagic species in the Gulf of Mexico. Appropriate foraging habitat is available in the project vicinity and includes the SAV beds of the Pamlico Sound on the west side of Ocracoke Island. Stranding records for waters of the sound between the Hatteras ferry dock and Ocracoke Village include juvenile Kemp's ridley turtles found during fall or winter months that v~~ere Ili~ely feeding near inshore waters around the island. The NCDOT requests concurrence with a determination of "May Affect, Is Not Likely To Adversely Affect" for Mr. Gait' Jordan, USFWS March 22, 2001 Page 3 Kemp's ridley sea turtles since project construction will occur during the winter and Kemp's ridleyt~.zrtle is not likelyto use the Ocracoke Island beach or tidal creeks. Leatherback sea turtle nesting is more prevalent in tropical waters along the coast of Mexico but they have also used southeast Atlantic coast beaches between March and July. Females prefer high-energy beaches with deep unobstructed access such as found along continental shorelines. Little is known of hatchling and juvenile distribution, but it is believed they migrate between tropical and subtropical pelagic habitats. Jellyfish are the primary diet of leatherbacks, and foraging often occurs at the surface in shallow bays and estuaries. Stranding records collected since 1999 for waters of the sound between the Hatteras ferry dock and Ocracoke Village do not include any leatherback turtles. Appropriate foraging habitat is available in the project vicinity in the Pamlico Sound on the west side of Ocracoke Island. Project construction will occur during the winter when leatherback sea turtles are not expected to occur along the Ocracoke Island beach or tidal creeks. Concurrence with a biological conclusion of "May Affect, Not Likely to Adversely Affect" is requested. Logger~.eads are distributed worldwide and seem to prefer temperate and subtropical nesting sites. net' are the most commonly occurring sea turtle in North Carolina. coastal waters. Adult female; nest on beaches of barrier strands adjacent to continental land masses. Nesting occurs nocturna?!;r bei-ween April and September along the southeastern Atlantic coast. Appropriate nesting i~~C,it=~~~ includes the Atlantic coast beaches of Ocracoke, where turtle nesting season generally occ~~~s between May and October. Haxchlings and subadults develop while in pelagic drift lir.~:5 a,ncl convergence zones before migrating to near-shore and estuarine waters along coritinenral mai~ins. Loggerhead turtles feed primarily on mollusks, crustaceans, and other benthic irwenebrates but may also scavenge fish and eat sea grasses. Foraging habitat includes the SAV oeds of the Pamlico Sound on the west side of Ocracoke Island. The NPS indicates four iuvemlP lr~ggerhead turtles have been stranded between the Hatteras ferry dock and Ocracoi~e `~ illage since 1999. Available data indicates loggerhead turtles are not using tidal creeks but rar_lter remain in the Sound or along the Atlantic coastline. Since project construction will occur during winter months and will end before the nesting season begins, concurrence with a deternunation of "May Affect, Not Likely to Adversely Affect" is requested. Hawksbill turtles are found worldwide in tropical and subtropical waters, where they use different habitats during different life stages. Haxchlings feed and shelter in pelagic convergence zones, while adults use low and high energy coastal beaches for nesting. They forage in coral reefs, rocky outcrops, and high energy shoals of surrounding waters where they feed primarily on sponges but will also eat invertebrates, algae, mangroves, and other types of plants. The NCI\~II' has one record of a hawksbill sea turtle occurring in the Pamlico Sound off Hatteras Island (B~ixton area) in 1988. Since construction of the replacement bridges and the beach access detour mill occur during the winter season when sea turtles are not likely to use the Ocracoke Island beach or tidal creeks, concurrence with a May Affect, Not Likely to Adversely Affect conclusion is requested for hawksbill sea turtles. Mr. Gary Jordan, USFWS March 22, 2GG7 Page 4 Piping Plover Piping plovers migrate northward between February and April to breeding grounds and southward between July and September to wintering grounds. When they arrive on breeding grounds in the early spring they establish nest sites in sandy coastal beach substrates above the high tide line, on sandflats at the ends of sandspits and barrier islands, on gently sloping foredunes, and on blowout or washover areas behind and between dunes. Eggs maybe laid from mid-April to late July with only a single brood fledging per season. Foraging for marine worms, fly larvae, beetles, crustaceans, and mollusks occurs on intertidal portions of ocean beaches, washover areas, mud and sandflats, wrack lines, and coastal marsh shorelines. Feeding may occur during all hours of the day and night and all stages of the tidal cycle. Appropriate nesting habitat for piping plover is available at the northern and southern points of Ocracoke Island and foraging habitat is available along the Atlantic beach areas of the island. Large nuribers of migrating plovers have been observed along North Carolina's barrier islands, including the Ocracoke Inlet and Portsmouth Flats area. A March 7, 2007 review of North Carolina Natural Heritage Program (NCI~IHP) maps confirmed that known nesting sites or populations are located more than 5 miles from the southernmost bridge site and more than 6 miles from the northernmost bridge site. A review of bird census data collected on Ocracoke Island bythe North Carolina Wildlife Resources Commission indicates piping plovers have been sighted at nesting areas at the south point of the island as early as January. Since the scope of the project is limited to construction of new bridges on existing locations near the central part of the island and detour access along the beach will be limited to the interior of the island, potential piping plover nesting areas will not be impacted by project construction. Concurrence with a detenninatiorY of "May Affect, Not Likely to Adversely Affect" is requested-for piping plovers. Seabea.tih Amaranth Seabeach amaranth is native to Atlantic coast barrier island beaches and occupies dynamic portions of the landscape. Primary habitat consists of overwash flats at accreting ends of islands, loo>er foredunes and upper strands of stable beaches, and occasionally on sound-side beaches, foredune blowouts, and dredge spoils. Seabeach amaranth is an annual plant with fleshy reddish or pink red stems and small rounded leaves that cluster toward the tip of the trailing sr_ems. Seeds are produced from mid-summer until the first frost; banked seeds can survive for years and successfully germinate once exposed. Appropriate habitat for Seabeach amaranth is available in the project vicinity on the Atlantic coast and sound-side beaches of Ocracoke Island. However, NQ~~I' records indicate there are no populations of this plant on Ocracoke Island (as of February 2007 database records). Since project construction will occur during the winter, Seabeach amaranth would not be present along the beach detour route. Concurrence with a determination of "No Effect" is requested for seabeach amaranth. Principal Investigators Cindy Carr and Harold Brady have conducted numerous Section 7 field investigations and informal consultations for protected species, including Michaux's sumac (Rhos n~dxuait), Mr. Gary Jordan, USFWS March 22, 2007 Page 5 sensitive joint-vetch (Aesdlynorrmeurgirrira), seabeach amaranth (Armrantlnrs punalz~s), Schweinitz's sunflower (Heliar~tlnrs sd~z¢einitzia), dwarf-flowered heartleaf (Herast~is rrarufla~-a), pondberty (Lindera rrrizssifalia), rough-leaved loosestrife (LZairraohia asperulae~dia), and Virginia spirea (Spiraea zi~giyriana). During the last several years, Ms. Carr has attended rare and protected species plants workshops conducted byU.S. Fish and Wildlife Service, Raleigh Field Office personnel and the NC1Vf-E'. During her undergraduate program studies at North Carolina State University she spent nearly three years working on a Michaux's sumac propagation project with a Department of Forestry faculty member. She is currently pursuing graduate studies in the Fisheries and Wildlife Science program at North Carolina State University. Cindy S. Carr, Senior Scientist Education: BS, Ecosystem Assessment, North Carolina. State University AS, Business Administration, Calhoun State College Experience: Mulkey Engineers & Consultants, November 2002 to present ARCADIS, May 2000 to November 2002 C~I2M HILL, October 1989 to June 1996 Certifications: Wetland Professional-In-Training, Society of Wetland Scientists, 2001 Stream ID and Buffer Rule Applications Program, NCDWQ, 2002 Benthic Collection Protocols for Stream Restoration, NCDWQ, 2002 Expertise: NEPA investigations, Section 7 field investigations and consultations, wetland detemvnation and delineation, stream deternnation and delineation, 404/401 permits, stream and wetland restoration, habitat assessments, Rosgen stream assessment and classification, Phase I environmental site assessments Harold ~~I. Brady, Scientist Educationz: BS Ecosystem Assessment, North Carolina State University Experience: Mulkey hngineers & Consultants, October 2003 to present ARCADIS, January 2000 to September 2003 Certific~rtions: Benthic Collection Protocols for Stream Restoration, N®WQ Expertise: NEPA investigations, Section 7 field investigations, wetland determination and delineation, stream determination and delineation, stream and wetland restoration, habitat assessments, GPS/GIS data collection, and Phase I environmental site assessments. If you have any questions or require additional information about the project or field investigations, please contact me at your earliest convenience. Sincerely, i.~ o+ -{I C%) C; 4 ~ ~II': JJ ~L iu rr a'~ o~ c o 1 A V~~ H N H ~a ~~ ~a r J ~a l~ C~9 h-i ~ ~ ~' '~ ~ ~ ~ ® ~ ~ ~ ~ ~ ~ d ~ 7, ~ ~ ~ ~ ~ ~ ~ z ~ ~ ~ ~ ~ ~ ~ ~ ~ C9) W ra a ~~ ~_ 0 0 0 T 0 + - 0 a~ 0 0 cnm~ rxo ohm m iv w m~0 O U o O O I I I I m „ I„ I I A J I I I R k k" ~ I ~ ~ > x ' 7 _ I-- ~ ~-- 7C k']1 ~ L ~ ~ H N ~ O ) k- O ~ ) o I i~Nm ~ f S. l i N Hn~ ~m H ~ jJ f. A ~ V1 ) .-. I ~O J k~. ~ k z k ~_ I I ( OOn ~ -o ) LxO~ m h- f. -- in w ~m n c~ F_~ W Z o~ o~ o ~T' pm i Z r -~ ~ po n ~ ~~ ~~ + n O ,_ m • m ~z + ~ m '~ m g° ~~ r .° N ,~ _~ _1 t~ Q N _ ~ 1 ~ ~m _ ~ n m ~ ~ m _ n cn m z ~< ~ t ~ _ _ + (A N a ~ ~ 6~ T W _ ~(. ~O ~ ~ W $2° d ~ = r o . ut ~ m s ~ no . 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