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HomeMy WebLinkAbout20081341 Ver 1_401 Application_20080808ENVIRONMENTAL PROFESSIONALS, INC. Planning For A Better Environment P.O. Box 3368 KILL DEVIL HILLS, NORTH CAROLINA 27948 (252) 441-0239 FAX (252) 441.0721 TO f T- ,. WE ARE SENDING YOU XAttached ? Under separate cover via ? Shop drawings ? Prints ? Copy of letter ? Change order ? Plans ? - INTUM oT 4 ° a a@Wa4VRL 08-1341 DATE JOB NO C ATTENTION RE: L-oi S the following items: ? Samples ? Specifications COPIES DATE NO. DESCRIPTION p t W 1 2 8 2008 WAIPR OllpulY OE WETLANDS AND STORMWATE THESE ARE TRANSMITTED as checked below: ? For approval ? Approved as submitted ? Resubmit -copies for approval ? For your use ? Approved as noted ? Submit copies for distribution ? As requested ? Returned for corrections ? Return corrected prints ? For review and comment ? ? FOR BIDS DUE ? PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO SIGNED: /f enclosures are not as noted, kindly notify us at once. Office Use Only: Form Version March 05 - USACE Action ID No. DWQ No. 0 8 1 3 4 1 irr kll aLly t,a, LIUU!di iLcin is nvt appiicame to is project, please enter "Not Applicable" or "N/A".) I. Processing PA I 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: Nationwide # 18 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: ? E [E ? 9 0 W[2 D II. Applicant Information 1. Owner/Applicant Information AUG 2 8 2008 Name: Lohr E. Kerns DENR . WATER QUALITY Mailing Address: PO Box 184 WETLANDS AN Chester Heip-hts PA 19017 Telephone Number: 610-459-3060 Fax Number: E-mail Address: 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: Kendall Turnage Company Affiliation: Environmental Professionals Inc. Mailing Address: Po Box 3368 Kill Devil Hills NC 27948 Telephone Number: 252-441-0239 Fax Number: 252-441-0721 E-mail Address: enviromnentalpro@earthlink.net III. Project Information Page 1 of 8 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 may be 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: Lohr E. Kerns -- 500 Anemone Lane 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 9021-24-2312 4. Location County: Currituck Nearest Town: Corolla Subdivision name (include phase/lot number): Lot 16C of TK's Hide-A-Ways subdivision of Trumpeter Swan Estates Lot 16 Directions to site (include road numbers/names, landmarks, etc.):Traveling north on Currituck County beaches, turn west onto Anemone Lane, Site is located three and one half blocks west on south side of road opposite of Midland Road. 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 36.496067°N 75.861943°W 6. Property size (acres): 2.98 acres 7. Name of nearest receiving body of water: Currituck Sound 8. River Basin: Pasquotank (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.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: Property is vacant and portions of the highground have been cleared of vegetation for access and surveying of wetland flags. Single family residences vacation homes and vacant property exist within the vicinity. Page 2 of 8 10. Describe the overall project in detail, including the type of equipment to be used: The project will consist of placement of fill in SF non riparian area of 404 jurisdictional wetlands. A dump truck and a small front end loader will accomplish the work. 11. Explain the purpose of the proposed work: To allow for proposed home, driveway and septic system to be constructed and to gain adequate setbacks for the septic system. 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 USACE 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. US Army Corps Jurisdictional Determination Action ID # SAW-2007- 02504 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, the proposed work will complete all necessary work to construct the home, driveway an d septic system. No other wetland impacts will be necessary for the parcel. 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 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 appropriate. Photographs may be 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. 1. Provide a written description of the proposed impacts: Applicant proposes to place earthen fill in a total of 0.0781 (3403.5 SF) of non-riparian 404 wetlands using a dump truck. A small front end loader or bobcat will smooth out the fill area. The fill area will be utilized for the access, construction, permanent use as a single family dwelling and to gain adequate septic system setbacks. Page 3 of 8 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, separately list impacts due to both structure and floodine. Wetland Impact Type of Wetland Located within Distance to Area of Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact (indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres) ( es/no) (linear feet) Fill area 1 Earthen fill Non-riparian shrub/scrub No Feet 0.0337 Fill area 2 Earthen fill Non-riparian shrub/scrub No Feet 0.0139 Fill area 3 Earthen fill Non-riparian shrub/scrub No Feet 0.0204 Fill area 4 Earthen fill Non-riparian shrub/scrub No feet 0.0075 Fill area 5 Earthen fill Non-riparian shrub/scrub No feet 0.0026 Total Wetland Impact (acres) 0.0781 ac 3. List the total acreage (estimated) of all existing wetlands on the property: 0.893 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 streams must be included. To calculate acreage. multiply leneth X width. then divide by 43.560. Stream Impact Perennial or Average Impact Area of Number Stream Name Type of Impact Intermittent? Stream Width Length Impact (indicate on ma) Before Impact (linear feet) (acres) N/A N/A N/A N/A N/A N/A N/A Total Stream Impact (by length and acreage) N/A 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- dredging- flooding- drainage- bulkheads- etc_ Open Water Impact Name of Waterbody Type of Waterbody Area of Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact (indicate on ma) ocean, etc.) (acres) N/A N/A N/A N/A N/A Total Open Water Impact (acres) N/A 6. List tl ie cumulative impact to all Waters of the U.S. resulting from the pro'eci Stream Impact (acres): N/A Wetland Impact (acres): 0.0781 ac Page 4 of 8 Open Water Impact (acres): N/A Total Impact to Waters of the U.S. (acres) N/A Total Stream Impact (linear feet): N/A 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. N/A 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-down valve or spillway, etc.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Current land use in the vicinity of the pond: N/A Size of watershed draining to pond: N/A Expected pond surface area: N/A VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be 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. Applicant proposes to construct one single familv dwelling on parcel 16C. The existing wetland configuration wdoes not allow for septic system to meet state mandated setbacks. The applicant is proposing the home in a location which warrants the least amount of wetland fill to accomplish the residential project. VIII. Mitigation 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. USACE - 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 Page 5 of 8 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 USACE 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, available at http://h2o.enr.state.nc.us/ncwetlands/strmgide.html. 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 and/or map, if offsite), 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. An in lieu fee request was forwarded to the NCEEP on 8-26-08 for confirmation that mitigation credits are available. Mitigation payment will be made to the NCEEP prior to impacts to 404 wetlands. 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://h2o.enr.state.nc.us/=/index.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 of Non-riparian wetland mitigation requested (acres): 0.0781 acres 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)? Page 6 of 8 Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 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 Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and 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 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) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No 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 Multiplier Required 1 N/A 3 (2 for Catawba) N/A 2 N/A 1.5 N/A Total N/A * 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 1. 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. 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. EXISTING None PROPOSED-- Total site area is 129,637 SF home --3612 SF, paved driveways-- 0 SF (driveway will be unimproved sand, site is located in the 4 wheel drive area) N/A Page 7 of 8 --Total impervious coverage= 3612 SF 2.7 percent 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. A conventional septic system will be constructed on the site per the plans. 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://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: No additional impacts will be requested or needed. The project as shown on plat represents the total build out of the property. XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, 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). N/A Apo4isamt/Agf!rnit's Signature Date (Agent's signature is va i only if an authorization letter from the applicant is provided.) - `e 5er, Ci 44.f, ck ec-I cip ,"2_ H c,, lej'A'- r^ Page 8 of 8 AUTHORIZATION TO ACT AS REPRESENTATIVE FORM Landowner of record authorizes Environmental Professionals, Inc. to: 1 • enter the property to gather environmental and site information, including delineation of environmental regulatory jurisdictions; 2. enter the site with the regulatory agencies (i.e. U.S. Army Corps of Engineers, North Carolina Division of Coastal Management, North Carolina Division of Water Quality, etc.) as needed to review regulatory alignment(s) and to identify additional regulatory jurisdictions; and 3. submit plats and other information to acquire regulatory agency confirmations and/or approvals (U.S. Army Corps of Engineers, North Carolina Division of Coastal Management, North Carolina Division of Water Quality, etc.); and 4. provide authorization for Environmental Professionals, Inc. to act as your agent for the purposes of obtaining environmental permits and/or authorizations. Landowner Date Client Date Copyright (C) 1998, Maptech, Inc U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT ORM rD: SAW-2007-02504 County: Currituck U.S.G.S. Quad: Corolla NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Agent: Lohr E Kerns Address: 105 Scarborough Lane Duck. North Carolina 27949 Telephone No.: (610) 442-8597 Property description: Size (acres) 10.01 acres Nearest Town Corolla Nearest Waterway Currituck Sound River Basin Pasguotank USGS HUC 03010205 Coordinates N 36.496067 W -75.861943 Location description 10 Acre parcel known as Lot 16, Trumpeter Swan Estates, North Swan Beach, Currituck County, North Carolina. Indicate Which of the Followine Apply: A. Preliminary Determination _ 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). B. Approved Determination _ 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 wetlands on the above described property 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 may be 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 wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on 2/12/2008. 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. _ Please be advised that a Prior Converted Cropland (PC) determination made by the Natural Resource Conservation Service (MRCS) remains valid as long as the area is devoted to an agricultural use. If the land changes to a non-agricultural use, the PC determination is no longer applicable and a new wetland determination is required for Clean Water Act purposes. Page 1 of 2 ORM ID: SAW-2007-02504 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 may be 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. 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 Tom Steffens at 252-975-1616 ext.25. I C. Basis For Determination This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and is art of a broad continuum of wetlands adiacent to Currituck Sound D. Remarks E. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the South Atlantic Division, Division Office at the Following address: Mr. Michael F. Bell, Administrative Appeal Review Officer CESAD-ET-CO-R U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 9M15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by 04/12/2008. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: /(fs Date 02/12/2008 Expiration Date 02/12/2013 Copy furnished: Roxanne Dorman, Atlantic Environmental Consultants Page 2 of 2 )0 Feet adod ? ]Vld NVIOO aeon idly O L D z 1 1 00 ?z \ 1 1 0 O ,L8'8?L F-, 3 -1 mik T,, l8 w os -717 Z?? a?1 3NOW3Nd 009 39L iM ' z4f r 3WOH a3SOd024d 7F W ' Ul 77 l?? 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