20120309 Ver 1_Application_20120327

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STATE OF NORTH CAROLINA
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DEPARTMENT OF TRANSPORTATION *00,
BEVERLY EAVES PERDUE
GOVERNOR
U S Army Corps of Engineers
Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801 5006
ATTN Ms Lon Beckwith
NCDOT Coordinator
Dear Madam
March 12, 2012
1 w i
EUGENE A CONTI 7R
SECRETARY
Subject Application for a Section 404 Individual Pernnt and Section 401 Water
Quality Certification for Slope Stabilization Measures Adjacent to Interstate
40 Between Mile Post 35 and Mile Post 36 in Haywood County Federal Aid
Project No IMS 040 - 1(220)35, Division 14, TIP I -5402 Debit $570 from
WBS 46282 1 1
The North Carolina Department of Transportation ( NCDOT) proposes to address slope
instability adjacent to the east -bound lane of Interstate 40 (I -40) between Mile Post 35 and
Mile Post 36 No new roadway sections will be constructed except for replacement of
existing guard rail and curbing The project will involve re routing roadway storm drainage
away from eroded gullies and piping an actively eroding stream reach The stormwater and
stream flow from these areas will be directed to a stable outlet at the terminus of the existing
piped crossing of an unnamed tributary (UT) to Hominy Creek under the interstate highway
The total project length is 0 229 mile
Please see the enclosed ENG Form 4345, North Carolina Ecosystem Enhancement Program
(NCEEP) mitigation acceptance letter, State Stormwater Management Plan permit drawings,
and design plans, for the above referenced project
Purpose and Need
The primary purpose of 15402 is to address an eroding reach of a UT to Hominy Creek and
slope instabilities adj acent to I -40 Erosion has been noted throughout the UT1 to Hominy
Creek (UT1) Continued erosion of UT1 is expected to eventually expose and threaten the
stability of the 78 inch corrugated metal pipe (CMP) that conveys the UT2 to Hominy Creek
(UT2) into the project area Continued erosion is expected to affect the stability of the I -40
MAILING ADDRESS TELEPHONE [phone] LOCATION
NC DEPARTMENT OF TRANSPORTATION FAX [phone]
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1020 BIRCH RIDGE DRIVE
1598 MAIL SERVICE CENTER WEBSITE WWW NCDOT ORG RALEIGH NC 27610 -4328
RALEIGH NC 27699 1598

roadway bed and continue to introduce sediment to downstream waters Repairs to this area
are intended to provide a long -term solution to reduce erosion to roadway slopes in the
drainage outfalls and streams
Summary of Jurisdictional Impacts
The project will permanently impact 392 linear feet of streams No impacts to wetlands or
temporary impacts to streams are anticipated
Summary of Utility Impacts
There will be no temporary or permanent impacts to jurisdictional resources due to utility
relocations on I -5402
Summary of Mitigation
The project has been designed to avoid and minimize impacts to jurisdictional areas
throughout the design processes However, project impacts will necessitate compensatory
mitigation for the unavoidable impacts Detailed descriptions of these actions are presented
in the mitigation portion of this application EEP will provide compensatory mitigation for
392 linear feet of stream impacts at a 1 1 ratio The stream impacts requiring mitigation for
tlus project are provided in the Impacts to Waters of the US Permit Site Description, and
Mitigation Options Compensation sections below
NEPA DOCUMENT STATUS
The proposed project was evaluated as a Categorical Exclusion (CE) The CE was approved
by the Federal Highway Administration (FHWA) in August 2011 Copies of approved
documents have been provided to regulatory review agencies involved in the approval
process Additional copies of this document will be provided upon request
INDEPENDENT UTILITY
The subject project is in compliance with 23 CFR Part 771 111(f) which lists the FHWA
characteristics of independent utility of a project
(1) The project connects logical termini and is of sufficient length to address environmental
matters on a broad scope,
(2) The project is usable and a reasonable expenditure, even if no additional transportation
improvements are made in the area,
(3) The project does not restrict consideration of alternatives for other reasonably foreseeable
transportation improvements
RESOURCE STATUS
TIP Project I -5402 is located within the French Broad River Basin [Hydrologic Unit Code
(HUC 06010105)] All streams within the project area are classified as North Carolina
Division of Water Quality (NCDWQ) Class C waters No designated Water Supply
Watersheds (WS -I or WS -II), Outstanding Resource Waters (ORWs), or High Quality
Waters (HQWs) occur within 10 mile of the project area
Page 2 of 6

303(d) Impaired Waters
The North Carolina Department of Environment and Natural Resources' (NCDENR) 2010
Final 303(d) List does not include any streams within 10 mile of the project area
Wetland and stream determinations within I -5402 were conducted using the field delineation
method outlined in the 1987 Corps of Engineers Wetland Delineation Manual and the
appropriate regional supplement (Eastern Mountains and Piedmont Region) and the
NCDWQ's Identification Methods for the Origins of Intermittent and Perennial Streams
Ms Lon Beckwith of the U S Army Corps of Engineers (USACE) visited the site and
venfied jurisdictional areas on June 7, 2011 This Individual Permit application includes a
request for a final Jurisdictional Determination of the resources included in the I -5402
project area
IMPACTS TO WATERS OF THE U S
Table 1 summarizes the impacts to jurisdictional streams A brief description of the impact
site will follow the table
Table 1 Impacts to ,jurisdictional streams in the French Broad River Basin
� .
Stresm Name Impact Type Ir�upact I.eagth -� ea°PerarY 11�Ltigs 777,
(linear feet) Lnpacts (acres)egmrement
UTI to Hommy Creek Permanent Fill/ 392 0 USACE & DWQ
Pipmg of stream
Permit Site Description The existing 48 -inch CMP that conveys UT1 under I -40 will be
extended to the existing 78 -inch CMP that conveys UT2 This portion of UT1 will be piped
because it is currently exhibiting severe erosion Permanent impacts to UT1 total 392 feet
Impacts to UT1 are comprised of 198 feet of fill from the 48 -inch CMP and 194 feet of UT1
that will have flow diverted and thus the channel will be abandoned
MORATORIUM
The North Carolina Wildlife Resources Commission (NCWRC) has identified Hominy
Creek downstream of the project area as trout waters However, per a letter dated April 26
2011, the NCWRC will not require the NCDOT to observe a trout moratorium
FEDERALLY PROTECTED SPECIES
Plants and animals with federal classifications of Endangered (E) or Threatened (T) are
protected under provisions of Section 7 and Section 9 of the Endangered Species Act of
1973, as amended As of March 21, 2011 the USFWS listed nine federally protected species
for Haywood County
Page 3 of 6

Tahip 3 FederAly nrntected species listed for Havwood Countv
The I -5402 project area was surveyed for federally listed species and habitat on January 19,
2011 and June 23, 2011 Habitat for small whorled pogoma is present in the project area,
however, no specimens were found during field surveys Therefore, the biological
conclusion for all federally protected species listed for Haywood County is `No Effect '
INDIRECT AND CUMULATIVE IMPACT ANALYSIS
This project has been approved by the FHWA as a Type II (B) programmatic CE Under
regulations implementing the National Environmental Policy Act (NEPA, 23 CFR 771 117),
no further documentation is required, therefore, an indirect and cumulative impact analysis
is not needed for this protect
CULTURAL RESOURCES
Historical Structures
This project is subject to compliance with Section 106 of the National Historic Preservation
Act of 1966, as amended, and implemented by the Advisory Council on Historic
Preservation's Regulations for Compliance with Section 106, codified at 36 CFR Part 800
Section 106 requires federal agencies to take into account the effect of their undertakings
(federally funded, licensed, or permitted) on properties included in or eligible for inclusion
in the National Register of Historic Places (NRHP) and to afford the Advisory Council a
reasonable opportunity to comment on such undertakings
No properties eligible for the NRHP are present within the project area, therefore, the
proposed project will not impact any historic structures
Archaeolo�y
Proposed activities are anticipated to be limited to fill slopes and areas previously disturbed
by construction activities The proposed project will have no effect on archaeological
resources
Over the course of construction, all construction inspectors will have the responsibility to
monitor the project area for potential archaeological remains throughout the construction
process If potential archaeological remains (such as foundations, fireplaces, bones, stone
tools, pottery, etc ) are identified, the inspector will immediately notify the Construction
Page 4 of 6
to
a�
Statas>a►t
C�
Clemm s muhlenber a
Bog turtle
T (S/A)
No
Not Required
Glaucom s sabnnus coloratus
Carolina northem flying s uurel
E
No
No Effect
M otts gnsescens
Gray bat
E
No
No Effect
M otis sodahs
Indiana bat
E
No
No Effect
Alasmtdonta ravenehana
Appalachian elktoe
E
No
No Effect
Mtcrohexura montiva a
Spruce fir moss spider
E
No
No Effect
Isotna medeoloides
Small whorled pogoma
T
Yes
No Effect
Gymnodenna hneare
Rock gnome lichen
E
No
No Effect
Geum radiatum
Spreadmg avens
E
No
No Effect
Fefleral Ctatnc T MA's.--Threatened due to Similanty of Annearance E= Endaneered T=
Threatened
The I -5402 project area was surveyed for federally listed species and habitat on January 19,
2011 and June 23, 2011 Habitat for small whorled pogoma is present in the project area,
however, no specimens were found during field surveys Therefore, the biological
conclusion for all federally protected species listed for Haywood County is `No Effect '
INDIRECT AND CUMULATIVE IMPACT ANALYSIS
This project has been approved by the FHWA as a Type II (B) programmatic CE Under
regulations implementing the National Environmental Policy Act (NEPA, 23 CFR 771 117),
no further documentation is required, therefore, an indirect and cumulative impact analysis
is not needed for this protect
CULTURAL RESOURCES
Historical Structures
This project is subject to compliance with Section 106 of the National Historic Preservation
Act of 1966, as amended, and implemented by the Advisory Council on Historic
Preservation's Regulations for Compliance with Section 106, codified at 36 CFR Part 800
Section 106 requires federal agencies to take into account the effect of their undertakings
(federally funded, licensed, or permitted) on properties included in or eligible for inclusion
in the National Register of Historic Places (NRHP) and to afford the Advisory Council a
reasonable opportunity to comment on such undertakings
No properties eligible for the NRHP are present within the project area, therefore, the
proposed project will not impact any historic structures
Archaeolo�y
Proposed activities are anticipated to be limited to fill slopes and areas previously disturbed
by construction activities The proposed project will have no effect on archaeological
resources
Over the course of construction, all construction inspectors will have the responsibility to
monitor the project area for potential archaeological remains throughout the construction
process If potential archaeological remains (such as foundations, fireplaces, bones, stone
tools, pottery, etc ) are identified, the inspector will immediately notify the Construction
Page 4 of 6

Supervisor (CS) who will immediately halt work in the vicinity of the potential find At this
point, the CS will notify the NCDOT and the North Carolina Office of State Archaeology
(NCOSA) to determine the appropriate course of action, as per the requirements of Section
106 of the National Historic Preservation Act
SECTION 4(f)
No Section 4(f) resources were identified within the project area, therefore, the proposed
project will have no effect on Section 4(f) resources
FEMA COMPLIANCE
No Federal Emergency Management Agency (FEMA)- designated floodways are located
within the project area The nearest designated floodway is located approximately 0 3 mile
south of the project area along Hominy Creek
WILD AND SCENIC RIVER SYSTEM
The project will not impact any designated Wild and Scenic Rivers or any rivers included in
the list of study rivers (Public Law 90 -542, as amended)
MITIGATION OPTIONS
The NCDOT is committed to incorporating all reasonable and practicable design features to
avoid and minimize jurisdictional impacts, and to provide full compensatory mitigation of
all remaining, unavoidable jurisdictional impacts Avoidance measures were taken during
the planning process, minimization measures were incorporated as part of the project design
Avoidance and Minimization
The NCDOT has avoided impacts to wetlands and streams to the greatest extent practicable
No wetlands are located within the project area Minimization measures include the
examination of appropriate and practicable steps to reduce adverse impacts Specific
examples of avoidance and minimization measures are listed below
Avoidance and Minimization Measures used throughout the project
• NCDOT's Best Management Practices (BMPs) for the Protection of Surface Waters
will be enforced
• The reach of UT2 downstream of the existing confluence with UT1 is expected to
benefit from decreased sedimentation from continued erosion of the UT1 stream bed
and gullies originating at existing roadside stormwater outlets
• All mechanized equipment will be inspected and maintained to prevent surface water
contamination from fuels, lubricants, fluids, or other toxic materials
• The dimension, pattern and profile of UT2 will not be modified
• Structure 0409 is a preformed scour hole designed to dissipate stormwater energy
and diffuse water flow
Page 5 of 6

Compensation
The NCDOT has avoided and minimized impacts to jurisdictional resources to the greatest
extent practicable as described above This project will permanently impact 392 linear feet
of streams in the French Broad River Basin
The NCDOT pursued using two streams immediately downstream of the proposed project
for onsite mitigation that would consist of stream restoration and stream enhancement
However, the land owner did not agree to sell the property for the appraised value
Therefore, compensatory mitigation for the 392 linear feet of Cool Water Stream credits will
be provided by the NCEEP at a 1 1 ratio per phone conversation between NCDOT and Lon
Beckwith with the USACE (see attached mitigation acceptance letter)
PROJECT SCHEDULE
I -5402 calls for a let date of November 20, 2012, with a review date of October 2, 2012
This application provides final design and impacts for the project
REGULATORY APPROVALS
Section 404 Application is hereby made for a USACE Section 404 Individual Permit as
required for the above described activities An approved Jurisdictional Determination is
also being sought at this time
Section 401 We are hereby requesting a Section 401 Water Quality Certification from the
NCDWQ In compliance with Section 143 -215 3D(e) of the North Carolina Admmstrative
Code (NCAC), we will provide $570 00 as payment for processing the Section 401 permit
We are providing five (5) copies of this application to the NCDWQ for review and approval
Thank you for your assistance with this project If you have any questions or need additional
information, please contact Brett Feulner at bmfeulner@ncdot gov or [phone] A
copy of this permit application and its distribution list will be posted on the NCDOT website
at http / /www ncdot org /doh/preconstruct/pe /neu/permit html
Sin
cerel ,
Gregory J Thorpe, Ph D , Manager
Project Development and Environmental Analysis Unit
cc
NCDOT Permit Application Standard Distribution List
Page 6 of 6

U S ARMY CORPS OF ENGINEERS
OMB APPROVAL NO 0710 0003
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT
EXPIRES 31 AUGUST 2012
33 CFR 325
Public reporting for this collection of information is estimated to average 11 hours per response including the time for reviewing instructions searching
existing data sources gathering and maintaining the data needed and completing and reviewing the collection of information Send comments regarding
this burden estimate or any other aspect of the collection of information including suggestions for reducing this burden to Department of Defense
Washington Headquarters Executive Services and Communications Directorate Information Management Division and to the Office of Management and
Budget Paperwork Reduction Project (0710 0003) Respondents should be aware that notwithstanding any other provision of law no person shall be
subject to any penalty for fading to comply with a collection of information if it does not display a currently valid OMB control number Please DO NOT
RETURN your form to either of those addresses Completed applications must be submitted to the District Engineer having jurisdiction over the location of
the proposed activity
PRIVACY ACT STATEMENT
Authorities Rivers and Harbors Act Section 10 33 USC 403 Clean Water Act Section 404 33 USC 1344 Marine Protection Research and Sanctuaries
Act Section 103 33 USC 1413 Regulatory Programs of the Corps of Engineers Final Rule 33 CFR 320 -332 Principal Purpose Information provided on
this form will be used in evaluating the application for a permit Routine Uses This information may be shared with the Department of Justice and other
federal state and local government agencies and the public and may be made available as part of a public notice as required by Federal law Submission
of requested information is voluntary however if information is not provided the permit application cannot be evaluated nor can a permit be issued One set
of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see
sample drawings and /or instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity An application
that is not completed In full will be returned
(ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS)
1 APPLICATION NO
2 FIELD OFFICE CODE
3 DATE RECEIVED
4 DATE APPLICATION COMPLETE
(ITEMS BELOW TO BE FILLED BYAPPLICANn
5 APPLICANTS NAME
8 AUTHORIZED AGENTS NAME AND TITLE (agent is not required)
First Gregory Middle J Last Thorpe
First Middle Last
Company North Carolina Division of Transportation
Company
E mail Address
E mad Address
6 APPLICANTS ADDRESS
9 AGENTS ADDRESS
Address 1598 Mail Service Center
Address
City Raleigh State NC Zip 27699 Country USA
City State Zip Country
7 APPLICANTS PHONE NOs WAREA CODE
10 AGENTS PHONE NOs w /AREA CODE
a Residence b Business c Fax
a Residence b Business c Fax
n/a [phone] [phone]
STATEMENT OF AUTHORIZATION
11 1 hereby authorize to act in my behalf as my agent in the processing of this application and to furnish upon request
supplemental information in support of this permit application
SIGNATURE OF APPLICANT DATE
NAME LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY
12 PROJECT NAME OR TITLE (see instructions)
15402 Address Slope Instability Through Repair Adjacent to Interstate 40 from Mile Post 35 to Mile Post 36
13 NAME OF WATERBODY IF KNOWN (if applicable)
14 PROJECT STREET ADDRESS (if applicable)
Unnamed tributary to Hommy Creek
Address n/a
15 LOCATION OF PROJECT
Latitude N 35 541154 Longitude W 82 795278
City State Zip
16 OTHER LOCATION DESCRIPTIONS IF KNOWN (see instructions)
State Tax Parcel ID Municipality Canton NC
Section Township Beaverdam Range _
ENG FORM 4345 OCT 2010 EDITION OF OCT 2004 1S OBSOLETE Propon t CECw -OR

24 Is Any Portion of the Work Already Complete? ❑Yes RNo IF YES DESCRIBE THE COMPLETED WORK
25 Addresses of Adjoining Property Owners Lessees Etc Whose Property Adjoins the Waterbody (f more than can be entered here please attach a supplemental h t)
a Address Carl E Jr and Tammy C Case 98 Albany Grey Drive (owner address)
City Canton State NC Zip 28716
b Address Carl E Jr and Tammy C Case 258 Albany Grey Drive (property address)
City Canton State NC Zip 28716
c Address Jerry B and Carol J Davis 235 Holder Branch Road
City Canton State NC Zip 28716
d Address Phyllis and Danny Price 91 Star Ridge Road (owner address)
City Canton State NC Zip 28716
e Address Phyllis and Danny Price 662 Holder Branch Road (property address)
City Canton State NC Zip 28716
26 List of Other Certificates or Approvals /Denials received from other Federal State or Local Agencies for Work Described in This Application
AGENCY TYPE APPROVAL IDENTIFICATION DATE APPLIED DATE APPROVED DATE DENIED
NUMBER
FHWA Categorical Exclusion IMS 040 1(220)35 2011 0809
NC EEP Stream Mitigation 2011 1205 2011 1206
Would include but is not restricted to zoning building and flood plain permits
27 Application is hereby made for permit or permits to authorize the work described in this application I certify that this information in this application is
complete and accurate I further certify that I possess the authority to undertake the work described herein or am acting as the duly authorized agent of the
applicant
f cv C v?° 0 (Ma✓ l 2, Zo l Z
N URE OF APPLICANT DAT I—� GNATURE OF AGENT DATE
The Application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly
authorized agent if the statement in block 11 has been filled out and signed
18 U S C Section 1001 provides that Whoever in any manner within the jurisdiction of any department or agency of the United States
knowingly and willfully falsifies conceals or covers up any trick scheme or disguises a material fact or makes any false fictitious or
fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false fictitious or
fraudulent statements or entry shall be fined not more than $10 000 or imprisoned not more than five years or both
ENG FORM 4345 OCT 2010

o stem
E a ement
PROGRAM
December 6 2011
Mr Gregory J Thorpe PhD
Manager Project Development and Environmental Analysis Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh North Carolina 27699 1548
Dear Dr Thorpe
Subject EEP Mitigation Acceptance Letter
15402,140 from Mile Post 35 to Mile Post 36 Haywood County
The purpose of this letter is to notify you that the Ecosystem Enhancement Program (EEP) will provide the
compensatory stream mitigation for the subject project Based on the information supplied by you on December 5
2011 the impacts are located in CU 06010105 of the French Broad River basin in the Southern Mountains (SM)
Eco Region and are as follows
French Broad
Stream
Wetlands
Buffer (Sq Ft)
06010105
SM
Cold
Cool
Warm
Riparian
Non
Coastal
Zone 1
Zone 2
Riparian
Marsh
Impacts
feettacres
0
392
0
0
0
0
0
0
EEP commits to implementing sufficient compensatory stream mitigation credits to offset the impacts
associated with this project as determined by the regulatory agencies in accordance with the N C Department of
Environment and Natural Resources Ecosystem Enhancement Program In Lieu Fee Instrument dated July 28 2010
If the above referenced impact amounts are revised, then this mitigation acceptance letter will no longer be valid and
a new mitigation acceptance letter will be required from EEP
1929
If you have any questions or need additional information please contact Ms Beth Harmon at 919 715
Sincerely
(��
Micha Ellison
EEP Deputy Director
cc Ms Lori Beckwith USACE — Asheville Regulatory Field Office
Mr Brian Wrenn, Division of Water Quality Wetlands/401 Unit
File I5402
X"torucg Prot" our Stag
A ky RUM-
North Carolina Ecosystem Enhancement Program 1652 Mad Service Center Raleigh NC 27699 -1652 / 919 715 0476 / www nceep net

STORMWATER MANAGEMENT PLAN
Project 46282 1 1
TIP No 15402
County Haywood
Date 11/28/11
Hydraulics Project Manager Andrew Nottingham PE (NCDOT Hydraulics Unit)
ROADWAY DESCRIPTION
Project I -5402 consists of addressing slope stability along the east -bound lane on 140
between milepost 35 and milepost 36 No new roadway sections will be constructed
except for replacement of existing guardrail and curbing The majority of work will
involve re- routing storm drainage away from eroded gullies to a more stable outlet at an
existing pipe crossing of the interstate highway The total project length is 0 229 miles
ENVIRONMENTAL DESCRIPTION
The project is located within the French Broad River Basin The stream impacted by the
project is a tributary to Holder Branch and has a stream classification of C The
surrounding land is mountainous and generally wooded Land uses include rural
residential agricultural practices including livestock and forestry There are no wetlands
in the project vicinity Stream impacts are from filling and piping
BEST MANAGEMENT PRACTICES AND MAJOR STRUCTURES
• Sources of severe erosion will be eliminated by eliminating overland flow across
steep roadway fill
• Energy from the pipe system will be dissipated before entering the existing stream
by constructing a function box on the existing 78 pipe crossing The outlet of the
78 'pipe is a stable well defined stream natural stream with a streambed
comprised of huge boulders and no additional in- stream energy dissipation is
warranted
• A short enclosed drainage system on the east end of the project will direct storm
water away from the receiving waters to allow for attenuation and infiltration
• Additional right of way will be purchased to exclude livestock grazing

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PERMIT DRAWING
NCDOT
SURFACE WATER IMPACTS
DIVISION OF HIGHWAYS
HAYWOOD COUNTY
DENOTES IMPACTS IN PROJECT 4628211 (I-6402)
SURFACE WATER
I -40 EBL
MP 35 TO MP 36
50 0 50
ADDRESS SLOPE INSTABILITY
GRAPHIC SCALE `v
SHEET OF J 11/28/11

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PERMIT DRAWING
NCDOT
SURFACE WATER IMPACTS
DIVISION OF HIGHWAYS
HAYWOOD COUNTY
®DENOTES IMPACTS IN PROJECT 4628211 (I-5402)
SURFACE WATER
I-40 EBL
MP 35 TO MP 36
50 0 50 ADDRESS SLOPE INSTABILITY
GRAPHIC SCALE 7
SHEET OF 11/28/11

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