HomeMy WebLinkAbout20150801 Ver 1_Application_20150810WITHERS �. C R,A VEN EL
August 7, 2015
US Army Corps of Engineers
Regulatory Field Office
Mr. David Shaeffer
3331 Heritage Trade Drive
Suite 105
Wake Forest, NC 27587
ENGINEERS I PLANNERS I SURVEYORS
NC- Division of Water Resources
401 & Buffer Permitting Unit
Ms. Karen Higgins
1617 Mail Service Center
Raleigh, North Carolina 27699
Re: NC Hwy 55 Improvements at Indian Wells Road — NWP 14 PCN Submittal
Cary, Wake County
W &R Project #02130063.00
Dear Mr. Shaeffer and Ms. Higgins,
On behalf of Crosspointe Church at Cary, we are requesting authorization from the USACE to use
NWP 14 for 0.005 acres of permanent wetland impacts and 34 if of permanent stream impacts for
improvements to NC Hwy 55 at Indian Wells Road. We are also requesting a 401 WQC from NCDWR
for the above referenced impacts.
The proposed project consists of the widening of 2,430 if of NC Hwy 55 beginning at Indian Wells
Road in Cary, Wake County (Latitude: 35•$19490 °N; Longitude: - 78.87376o °W). The project is
located in the Cape Fear River basin (HUC 03030002) and onsite waters drain to Panther Branch.
The Water Quality Classification for Panther Creek is WS -V; NSW and the Stream Index Number is:
16- 41- 1 -17 -3.
Proposed Proiect
The purpose of the proposed project is to widen 2,430 if of NC Hwy 55 to extend a through lane that
currently ends immediately south of Indian Wells Road. These improvements are a requirement by
the Town of Cary as part of the approval of the expansion of the Crosspointe Church facilities, and
are in accordance with the Town of Cary Transportation Plan.
Proiect History
James Lastinger with the Corps of Engineers field verified the wetland delineation, completed by
S &EC, for location of the Hwy 55 improvements as part of the "Phillips Tract" project on January 17,
2014. It is our understanding that the Corps will issue the JD associated with Philips tract in
conjunction with issuance of the NWP 29 for the project on the Phillips Tract.
Proposed Impacts
The proposed impacts consist of 0.005 acres of permanent wetland impacts and 34 if of permanent
stream impacts that are required forthe widening on NC Hwy 55 to extend an existing travel lane that
currently stops just south of Indian Wells Road.
1410 Commonwealth Drive I Suite 1011 Wilmington, NC 28403 1 tel: 910.256.9277 1 fax: 910.256.2584
www.withersravenet.com I License No. C -0832
NC Hwy 55 Improvements at Indian Wells Road — NWP 14 PCN
8/7/15
Avoidance and Minimization
The project consists of the widening of the NC Hwy 55 to extend an existing through lane. Therefore,
design alternatives to further minimize impacts was not possible.
Mitigation
Because wetland impacts are less than o.10 acres, and stream impacts are less than 150 If, no
mitigation is proposed.
The current request is for o.005 acres of permanent wetland impacts and 34 if of permanent stream
impacts (see the attached maps and PCN for details).
Please feel free to call if you have questions or require additional information.
Sincerely,
Troy Beasley
Environmental Scientist
Attachments:
• PCN Form
• Agent Authorization
• USGS Quad
• Wake County Soil Survey
• Impact Exhibits
WITHERS & RAVENEL Page 2 of 2
ENGINEERS I PLANNERS I SURVEYORS
O�O�_ W ATF9QG
Elm
1. Processing
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre - Construction Notification (PCN) Form
A. Applicant Information
1 a. Type(s) of approval sought from the
Corps: ®Section 404 Permit El Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 14 or General Permit (GP) number:
1 c. Has the NWP or GP number been verified by the Corps? ® Yes
1d. Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
❑ No
1 e. Is this notification solely for the record For the record only for DWQ 401 For the record only for Corps Permit:
because written approval is not required? Certification:
❑ Yes ® No ❑ Yes ® No
1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation ❑ Yes ® No
of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu
fee program.
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h ❑ Yes ® No
below.
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No
2. Project Information
2a. Name of project: NC Hwy 55 Improvements — Indian Wells Rd Intersection
2b. County: Wake
2c. Nearest municipality / town: Cary
2d.
Subdivision name:
2e.
NCDOT only, T.I.P. or state
project no:
3.
Owner Information
3a.
Name(s) on Recorded Deed:
NCDOT — Highway Division 5
3b.
Deed Book and Page No.
N/A
3c.
Responsible Party (for LLC if
Scott Wheeler
applicable):
3d.
Street address:
4009 District Drive
3e.
City, state, zip:
Raleigh, NC 27607
3f.
Telephone no.:
919 - 733 -3213
3g.
Fax no.:
3h.
Email address:
mwheeler @ncdot.gov
Page 1 of 10
PCN Form — Version 1.3 December 10, 2008 Version
4.
Applicant Information (if different from owner)
4a.
Applicant is:
❑ Agent ® Other, specify: Crosspointe Church — Improvements required by Cary
4b.
Name:
TJ Terry
4c.
Business name
Crosspointe Church at Cary
(if applicable):
4d.
Street address:
6911 Carpenter Fire Station Road
4e.
City, state, zip:
Cary, NC 27519
4f.
Telephone no.:
919 - 469 -9111
4g.
Fax no.:
4h.
Email address:
tj @crosspointe.org
5.
Agent/Consultant Information (if applicable)
5a.
Name:
Troy Beasley
5b.
Business name
Withers and Ravenel
(if applicable):
5c.
Street address:
1410 Commonwealth Drive, Suite 101
5d.
City, state, zip:
Wilmington, NC 28403
5e.
Telephone no.:
910 - 256 -9277
5f.
Fax no.:
910 - 256 -2584
5g.
Email address:
tbeasley @withersravenel.com
Page 2 of 10
PCN Form — Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
1 b. Site coordinates (in decimal degrees):
1 c. Property size:
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
proposed project:
2b. Water Quality Classification of nearest receiving water:
2c. River basin:
N/A — Project within existing NCDOT ROW
Latitude: 35.819490 °N
(DD.DDDDDD)
N/A — Linear Project
Longitude: - 78.873760 °W
(- DD.DDDDDD)
Panther Creek (Stream Index: 16- 14- 1 -17 -3)
WS -IV; NSW
Cape Fear - 03030002
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The project area consists of the expansion of NC Hwy 55 at Indian Wells Road, and consists of existing cleared area
along the existing ROW. The general land use in the vicinity consists of a mixture or residential and commercial land use.
3b. List the total estimated acreage of all existing wetlands on the property:
Within NC Hwy 55 Improvement Area - ±0.005 acres
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
Within NC Hwy 55 Improvement Project Area - ±34 If
3d. Explain the purpose of the proposed project:
The purpose of the proposed project is to widen the existing NC Hwy 55 to extend a through lane that currently ends
south of Indian Wells Road. These improvements are a requirement by the Town of Cary, and are according the Town of
Cary Transportation Plan.
3e. Describe the overall project in detail, including the type of equipment to be used:
The project will consist of the widening of NC Hwy 55 to extend the existing through lane which ends south of Indian
Wells Road, which is being required by the Town of Cary and constructed in accordance with the Town of Cary's
Transportation Plan. Standard commercial construction equipment and techniques will be used to construct the proposed
project.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property / ® Yes ❑ No F1 Unknown
project (including all prior phases) in the past?
Comments:
4b. If the Corps made the jurisdictional determination, what type
of determination was made? Preliminary Final
4c. If yes, who delineated the jurisdictional areas? Agency /Consultant Company: S &EC
Name (if known): Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
James Lastinger with the Corps of Engineers field verified the wetland delineation, completed by S &EC, for location of the
Hwy 55 improvements as part of the "Phillips Tract" project on January 17, 2014. It is our understanding that the Corps
will issue the JD associated with Philips tract in conjunction with issuance of the NWP 29 for the project on the Phillips
Tract.
Page 3 of 10
PCN Form — Version 1.3 December 10, 2008 Version
5. Project History
5a. Have permits or certifications been requested or obtained for ❑ Yes ❑ No ® Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project? ® Yes ❑ No
6b. If yes, explain.
The continued improvements to NC Hwy 55 per the Town of Cary Transportation Plan will occur in phases as additional
development approvals are issued. However, all impacts necessary for the improvements required for the Crosspointe
Church expansion are addressed under this PCN.
Page 4 of 10
PCN Form — Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
® Wetlands ® Streams - tributaries ❑ Buffers
❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ — non -404, other) (acres)
Temporary (T)
Impact 3 ® Yes ® Corps
® P [_1 T Road Expansion Forested ❑ No ® DWQ 0.005 ac
2g. Total wetland impacts 0.005 ac
2h. Comments
3. Stream Impacts
Impact 1 expansion and
UT to Panther ❑ PER
If there are perennial or intermittent stream impacts (including
temporary impacts)
proposed on the site, then complete this
question for all stream sites impacted.
existing culvert
Impact 2 Rip -Rap
3a. 3b. 3c.
3d.
3e.
3f.
3g.
Stream impact Type of impact Stream name
Perennial
Type of jurisdiction
Average
Impact
number -
(PER) or
(Corps - 404, 10
stream
length
Permanent (P) or
intermittent
DWQ — non -404,
width
(linear
Temporary (T)
(INT)?
other)
(feet)
feet)
Fill for road
Impact 1 expansion and
UT to Panther ❑ PER
® Corps
6' 24 If
® P ❑ T extension of
Creek ® INT
® DWQ
existing culvert
Impact 2 Rip -Rap
UT to Panther ❑ PER
® Corps
6' 10 If
® P [:1 T Dissipator
Creek ® INT
® DWQ
3h. Total stream and tributary impacts
1 34 If
3i. Comments:
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact number — (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Temporary (T)
01 ❑P ❑T
02 ❑P ❑T
03 ❑P ❑T
04 ❑P ❑T
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
Page 5 of 10
PCN Form — Version 1.3 December 10, 2008 Version
5a. 5b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or purpose (acres)
number of pond
Flooded Filled Excavated Flooded Filled Excavated Flooded
P1
P2
K Total
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a.
❑ Neuse ❑ Tar - Pamlico ® Other: Jordan
Project is in which protected basin? ❑ Catawba ❑ Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number — Reason Buffer Zone 1 impact Zone 2 impact
Permanent (P) or for Stream name mitigation (square feet) (square feet)
Temporary (T) impact required?
131 ❑P ❑T ❑Yes
❑ No
B2 ❑P ❑T ❑Yes
❑ No
B3 ❑P ❑T ❑Yes
❑ No
6h. Total buffer impacts
6i. Comments: Impact to Jordan Lake buffers will be permitted through the Town of Cary as the delegated
municipality.
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Due to the project consisting of the widening of the existing NC Hwy 55, avoidance and minimization could not be achieved
through alternative designs.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Silt fencing will be installed around all disturbed areas to prevent sediment from escaping into adjacent streams and wetlands.
Page 6 of 10
PCN Form — Version 1.3 December 10, 2008 Version
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
2b. If yes, mitigation is required by (check all that apply):
2c. If yes, which mitigation option will be used for this
project?
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
❑ Yes ® No
❑ DWQ ❑ Corps
❑ Mitigation bank
❑ Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
Type
Quantity
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b.
Stream mitigation requested:
linear feet
4c.
If using stream mitigation, stream temperature:
❑ warm ❑ cool ❑cold
4d.
Buffer mitigation requested (DWQ only):
square feet
4e.
Riparian wetland mitigation requested:
acres
4f.
Non - riparian wetland mitigation requested:
acres
4g.
Coastal (tidal) wetland mitigation requested:
acres
4h.
Comments:
5.
Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires ❑ Yes ® No
buffer mitigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
6c. 6d. 6e.
Zone Reason for impact Total impact Multiplier Required mitigation
(square feet) (square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 7 of 10
PCN Form — Version 1.3 December 10, 2008 Version
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified ® Yes ❑ No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes [A No
Comments:
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? N/A
2b. Does this project require a Stormwater Management Plan? ❑ Yes ® No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: The project consists of the widening of
the existing NC Hwy 55 and additional stormwater management is not required.
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
2e. Who will be responsible for the review of the Stormwater Management Plan?
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project?
3b. Which of the following locally - implemented stormwater management programs
apply (check all that apply):
3c. Has the approved Stormwater Management Plan with proof of approval been
attached?
4. DWQ Stormwater Program Review
4a. Which of the following state - implemented stormwater management programs apply
(check all that apply):
4b. Has the approved Stormwater Management Plan with proof of approval been
attached?
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements?
5b. Have all of the 401 Unit submittal requirements been met?
® Certified Local Government
❑ DWQ Stormwater Program
❑ DWQ 401 Unit
Town of Cary
® Phase II
® NSW
❑ USMP
❑ Water Supply Watershed
❑ Other:
❑ Yes ® No
❑
Coastal counties
❑
HQW
❑
ORW
❑
Session Law 2006 -246
❑
Other:
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
Page 8of10
PCN Form — Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1a. Does the project involve an expenditure of public (federal /state /local) funds or the ❑ Yes ® No
use of public (federal /state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA /SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.) ❑ Yes ❑ No
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after - the -fact permit application?
❑ Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
The proposed project consists of improvements to NC Hwy 55 and will not be a catalyst for future development that could
impact nearby downstream water quality.
4. Sewage Disposal (DWQ Requirement)
4a. 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
Page 9 of 10
PCN Form — Version 1.3 December 10, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ® Yes ❑ No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ® No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted. ❑ Raleigh
❑ Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
The proposed NC Hwy 55 improvements will occur within existing cleared, mowed yards and ROW. Site reviews did not
identify any occurrences of, or potential habitat for, federally listed species known to occur in Wake County, including the
Northern Long Eared Bat. The project will occur adjacent to potential Northern Long Eared Bat habitat, but tree clearing
will not be required for this project, and therefore, the proposed project will have No Effect on federally listed species.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? I ❑ Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
There are no waters classified as EFH in Wake County.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ❑ Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
W &R reviewed the NC State Historic Preservation Office's online database, located at: htto: / /ciis.ncdcr.gov /hi3oweb /, to
determine if there were any known historic or cultural resources within or in the vicinity of the proposed project. The
database review did not identify any known resources within or in the vicinity of the proposed project.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA- designated 100 -year floodplain? I ❑ Yes ® No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? www.ncfloodmaiDs.com
Troy Beasley — W &R
Authorized Agent
Applicant/Agent's Printed Name
8/7/15
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
Page 10 of 10
PCN Form — Version 1.3 December 10, 2008 Version
AGENT AUTHORIZATION
WITHERS � RAVENEL
ENGINEERS I 'PLANNERS I SURVEYORS
AUTHORITY FOR APPOINTMENT OF AGENT
The undersigned Owner Crosspointe Church at Cary (Client) does hereby appoint Troy
Beaslev / Withers & Ravenel, Inc. as his, her, or it's agent for the purpose of petitioning the
appropriate local, state and federal environmental regulatory agencies (US Army Corps of
Engineers, NC Division of Water Quality, NC Division of Coastal Management, local
municipalities, etc.) for: a) review and approval of the jurisdictional boundaries of onsite
jurisdictional areas (wetlands, surface waters, riparian buffers, etc.) and /or; b) preparation and
submittal of appropriate environmental permit applications /requests for the Crosspointe Church
property (PIN 0735549587), located at 6911 Carpenter Fire Station Road in Carv, Wake
Countv.
The Client does hereby authorize that said agent has the authority to do the following acts on
behalf of the owner:
(1) To submit appropriate requests /applications and the required supplemental
materials;
(2) To attend meetings to give representation on behalf of the Client.
(3) To authorize access to subject property for the purpose of environmental
review by appropriate regulatory agencies.
This authorization shall continue in effect until completion of the contracted task or termination by
the Client.
Agent's Name, Address & Telephone
Trov Beaslev / Withers & Ravenel, Inc.
1410 Commonwealth Drive, Suite 101
Wilmington, NC 28403
Tel. (910) 256 -9277
Date:
Signature of Client:
(Name - Print) (Title)
I (Signature)
Mailing Address
City State Zip
Phone:
Email:
115 MacKenan Drive I Cary, NC 275111 tel.: 919.469.3340 1 fax: 919.467 -6008 1 www.withersravenet.com I License No. C -0832
1410 Commonwealth Drive I Suite 1011 Wilmington, NC 28403 1 tel: 910.256.9277 1 fax: 910.256.2584
7011 Albert Pick Road I Suite G I Greensboro, NC 27409 1 tel: 336.605.3009 1 fax: 919.467.6008
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WITHERS & RAVENEL
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Cary AY IMPROVEMENTS
Wake County
North Carolina
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No. Ravicion Date BV I oe.ig— S.I. _ WITHERS �(' RAV E N E L
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