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HomeMy WebLinkAbout20081271 Ver 2_Application_20090224 BEVERLY EAVES PERDUE GOVERNOR b , STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Mr William Wescott U S Army Corps of Engineers Regulatory Field Office Post Office Box 1000 Washington, NC 27889-1000 Dear Sirs February 17, 2009 *44 1?01 ?09 0,9 EUGENE A WNU, JK SECRETARY Mr Stephen Lane N C Dept of Environment and Natural Resources Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 0! Subject Nationwide Permit 14 Application and CAMA Major Development Permit Minor Modification Request for the intersection improvements to SR 1303 at US 264, part of the detour associated with the replacement of Bndge No 103 on NC 32 over Runyon Creek in Beaufort County Federal Aid Project No BRSTP-0032(7), State Project No 8 1151501, TIP No B-4019 Debit $240 for Water Quality Certification from WBS 333863 1 References Nationwide Perrmts 23, 33, and 12 issued September 18, 2008, USACE Action ID - 2008-02697 Section 401 Water Quality Certification and Tar-Pamlico River Buffer Authonzation issued October 13, 2008, DWQ Project No 20081271 CAMA Mayor Development Permit issued October 27, 2008, Permit Number 172-08 Please see the enclosed USACE Routine Wetland Determination Data Forms, Approved Junsdictional Determination Form, Pre-Construction Notification Form (PCN), and permit drawings for the above referenced project The aforementioned 404/401 permits address only the bndge replacement NCDOT is requesting a Nationwide Permit 14 for the intersection improvements on the off-site detour only In addition we are requesting a minor modification to the referenced CAMA permit A recent change in the design for this project includes the addition of a turn lane along the eastern terminus of the off-site detour, at the intersection of US 264 and SR 1303 (Beck Kiln Rd ), to account for increased traffic in that area once the existing bndge is closed to traffic There will be an additional 0 14 acre of permanent wetland impacts due to roadway fill from these intersection improvements Impacts to Waters of the United States General Description The project is located in the Tar-Pamlico River Basin (HUC 03020104) No surface waters are located in the project area of the intersection improvements Neither High Quality Waters (HQW), Water Supplies (WS-1 undeveloped watersheds or WS-II predominately undeveloped watersheds), nor Outstanding Resource Waters (ORW) occur within 1 0 mi of the project area of the intersection improvements MAILING ADDRESS NC DEPARTMENT OF TRANSPORTATION PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1548 MAIL SERVICE CENTER RALEIGH NC 27699-1548 TELEPHONE 919-733-3141 FAX 919-733-9794 WEBSITE WWW DOH DOT STATE NC US LOCATION TRANSPORTATION BUILDING 1 SOUTH WILMINGTON STREET RALEIGH NC U, Z 4 l' .0 z Permanent Impacts 'Riparian wetlands will be impacted by the proposed intersection improvements ;Construction of the proposed project will result in a permanent impact of 0 14 ac to riparian wetlands from roadway fill (see permit drawings) Tar-Pamlico River Basin Buffer Rules This project is located in the Tar-Pamlico River Basin, therefore, the regulations pertaining to the buffer rules apply No impacts to riparian buffers will result from construction of this project Federal Protected Species As of January 31, 2008 the USFWS lists six federally protected species for Beaufort County (see Table 1) Table 1. Federally protected species of Beaufort County. Scientific Name Common Name Federal Status Habitat Biological Conclusion Lepidochelys kempu Kem 's ndley sea turtle E No No Effect Trichechus manatus West Indian Manatee E No No Effect Picoides borealis Red-cockaded woodpecker E No No Effect Canis rufus Red wolf E(XN) No N/A Lysimachia asperulae oha Rough-leaved loosestrife E No No Effect Aeschynomene virginica Sensitive jointvetch T No No Effect Bald Eagle The bald eagle (Hahaeetus leucocephalus) was delisted from the Endangered Species Act as of August 8, 2007 However, it is still protected under the Bald and Golden Eagle Protection Act Suitable habitat in the form of nesting-size trees does not exist within 660 ft of the project area of the intersection improvements Avoidance and Minimization Avoidance examines all appropriate and practicable possibilities of averting impacts to "Waters of the United States" Due to the presence of wetlands within the project area of the intersection improvements, avoidance of all impacts is not possible The NCDOT is committed to incorporating all reasonable and practicable design features to avoid and minimize jurisdictional impacts Minimization measures were incorporated as part of the project design these included use of 3 1 fill slopes inj unsdictional areas Mitigation NCDOT has transfered credits from EEP and the Grnmesland site will be debited one acre of riparian creation to mitigate for the impacts associated with the improvements to the intersection The Gnmesland site is located near the community of Gnmesland in Pitt County and lies within the Middle Atlantic Coastal Plain Level III ecoregion, HU 03020103, of the Tar-Pamlico River Basin NCDOT began constructing the site in 1999 in two separate phases and hydrologic and vegetative monitoring began in 2001 The site was transferred to EEP in 2004 and monitoring was successfully completed in 2007 Project Schedule The review date for this project is March 31, 2009 and the Let Date is May 19, 2009 2 Regulatory Approvals CAMA It is anticipated that the additional permanent impacts relating to roadway fill in wetlands will be authorized under Coastal Area Management Act Mayor Development Permit We are, therefore, requesting a mmnor modification of the Coastal Area Management Act Mayor Development Pemmrt issued October 27, 2008 Section 404 Permit At the request of the USACE, NCDOT anticipates that the additional permanent impacts relating to roadway fill in wetland associated with the offsmte detour will be authorized under Section 404 Nationwide Permit 14 (Linear Transportation Projects) propose to proceed under a Nationwide Perrmt 14 (72 CFR, 11092-11198, March 12, 2007) Section 401 Certification We anticipate 401 General Certification number 3704 will apply to this project In compliance with Section 143-215 313(e) of the NCAC, we will provide $240 to act as payment for processing the Section 401 certification application (debit WBS element 33386 3 1) We are providing five copies of this application to the North Carolina Department of Environment and Natural Resources, Division of Water Quality for their approval Thank you for your assistance with this project If you have any questions or need additional information, please contact Tyler Stanton at tstanton@ncdot gov or (919) 431-6748 Sincerely, 4C - Gregory J Thorpe, Ph D , Environmental Management Director Project Development and Environmental Analysis Branch cc W/attachment Mr Brian Wrenn, NCDWQ (5 Copies) Mr Steve Sollod, NCDCM W/o attachment Dr David Chang, P E, Hydraulics Mr Greg Perfettm, P E , Structure Design Mr Victor Barbour, P E , Project Services Unit Mr Mark Staley, Roadside Environmental Mr C E Lassiter, P E, Div 2 Engineer Mr Jay Johnson, Div 2 Environmental Officer Mr Scott McLendon, USACE, Wilmington Mr Gary Jordan, USFWS Mr Travis Wilson, NCWRC Mr Ron Sechler, NMFS Ms Anne Deaton, NCDMF Mr Jay Bennett, P E , Roadway Design Mr Mated Alghandour, P E, Programming and TIP Mr Art McMillan, P E, Highway Design Ms Beth Smyre, P E, PDEA Ms LemLam Paugh, NEU Office Use Only: Form Version March 05 USACE Action ID No. DWQ No. (It any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" ) 1. Processing 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 NWP 14 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 1 Owner/Applicant Information Name Gregory J Thorpe, Ph D , Environmental Management Director Mailing Address 1598 Mail Service Center Telephone Number _(919) 733-3141 Fax Number (919) 733-9794 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 Company Affiliation Mailing Address Telephone Number E-mail Address Fax Number Pagel of 8 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 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 Improvements at the intersection of US 264 and SR 1303 (Buck Kiln Rd) 2 T I P Project Number or State Project Number (NCDOT Only) B-4019 3 Property Identification Number (Tax PIN) N/A 4 Location County Beaufort Nearest Town Washington Subdivision name (include phase/lot number) N/A Directions to site (include road numbers/names, landmarks, etc ) Take US 264 to US 175, turn left onto NC 32E You will come to Bridge No 103 after approximately 15 miles 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) 3554470 ON -77 0239 °W 6 Property size (acres) N/A 7 Name of nearest receiving body of water Runyon Creek [29-3-(2), SC,NSW1 8 River Basin Tar-Pamlico (Note - this must be one of North Carolina's seventeen designated mayor river basins The River Basin map is available at http //h2o enr state nc us/admm/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 The protect is located near an urban/residential area of Beaufort County Land around the site is mostly forested with light residential development 10 Describe the overall project in detail, including the type of equipment to be used Page 2 of 8 The addition of a turn lane alone the eastern terminus of the off-site detour, at the intersection of US 264 and SR 1303 (Brick Kiln Rd) to account for increased traffic in that area once the existing bridge is closed to traffic Standard NCDOT construction equipment will be used 11 Explain the purpose of the proposed work The purpose of the protect is to enhance service and improve safety due to the increased traffic on the off-site detour 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 Nationwide Permits 23, 33, and 12 issued September 18, 2008, USACE_ Action ID -2008-02697 and Section 401 Water Quality Certification and Tar-Pamlico River Buffer Authorization issued October 13, 2008, DWQ Project No 20081271 The review date for this project is March 31, 2009 and the Let Date is May 19, 2009 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 No future permit requests are anticipated for this project 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 nprap 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 Construction of the posed protect will result in permanent impacts of 0 14 acre to riparian wetlands due to fill material 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 flooding Wetland Impact Type of Wetland Located within Distance to Area of Site Number Type of Impact (e g , forested, marsh, -year 100 Nearest Impact (indicate on map) herbaceous, bog, etc ) Floodplain Stream (acres) (yes/no) (linear feet) 2A Permanent Fill forested yes adjacent 0 12 213 Permanent Fill forested yes adjacent 0 02 Total Wetland Impact (acres) 0 14 3 List the total acreage (estimated) of all existing wetlands on the property 1 0 acre 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, np-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, multivly length 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 f et) (acres) N/A 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, 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 map) ocean, etc (acres) N/A Total Open Water Impact (acres) 00 6 List the cumulative impact to all Waters of the U S resulting from the nrn,ect Stream Impact (acres) J 00 Wetland Impact (acres) 0 14 Open Water Impact (acres) 00 Total Impact to Waters of the U S (acres) 00 Total Stream Impact (linear feet) - -00 Page 4 of 8 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-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 The NCDOT is committed to incorporating all reasonable and practicable design features to avoid and minimize jurisdictional impacts Minimization measures mcomorated as part of the project design included fill slopes in jurisdictional areas will be at a 3 1 ratio 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 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 Page 5 of 8 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 off ite), 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 NCDOT will transfer credits from EEP and the Gnmesland site will be debited 0 14 acres of riparian creation to mitigate for the impacts associated with the improvements to the intersection The Gnmesland site is located near the community of Gnmesland in Pitt County and lies within the Middle Atlantic Coastal Plain Level III ecoregion HU 03020103, of the Tar-Pamlico River Basin. NCDOT began constructing the site in 1999 in two separate phases and hydrologic and vegetative monitoring began in 2001 The site was transferred to EEP in 2004 and monitoring was successfully completed in 2007 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 websrte at http-//h2o enr state nc us/wrp/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-ripanan wetland mitigation requested (acres) N/A Amount of Coastal wetland mitigation requested (acres) N/A IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ® No ? Page 6 of 8 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) 733-5083 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 Tar-Pamlico )? 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 multwhers Zone* Impact Multiplier Required (square feet) Mitigation 1 00 3 (2 for Catawba) 0 2 00 15 0 Total 00 0 * 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 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 Page 7 of 8 the property If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level N/A 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 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 quality9 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 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 re b r( Applicant/Ageit's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided ) Page 8 of 8 (mod DATA FORM VP ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Determination Manual) Project / Site 84019 Int of 264 & Brick Kiln Rd Date: 12/15/08 Applicant / Owner. NCDOT County: Beaufort Investigator, Jay Johnson State N C. Do normal circumstances exist on the site? Yes X No Community ID: Is the site significantly disturbed (Atypical situation)? Yes No X Transect ID: Is the area a potential problem area? Yes No X Plot ID- (explain on reverse if needed) VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1.Quercus alba Ov 10% FACU 9. 2.Fagus grandifolia Ov 10% FACU 10. 3.1-igustrum vulgare S/S 40% FAC 11 4.Magnolia virginiana S/S 20% FACW 12 5.1-onicera wonica V 20% FAC 13 6 Vitus rotundifolia V 10% FAC 14. 7 Smilax Alauca V 10% FAC 15. 8. 16. Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-) > 50% Remarks: Wetland vegetation is present HYDROLOGY _ Recorded Data (Describe In Remarks): Wetland Hydrology Indicators _ Stream, Lake, or Tide Gauge _ Aerial Photographs Primary Indicators: _ Other _ Inundated Saturated in Upper 12" _ No Recorded Data Available _ Water Marks _ Drift Lines Field Observations: _ Sediment Deposits Drainage Patterns in Wetlands Depth of Surface Water. N/A (in.) Secondary Indicators: Depth to Free Water in Pit: >12" Oxidized Roots Channels in Upper 12" Water-Stained Leaves °•) _ Local Soil Survey Data _ FAC-Neutral Test Depth to Saturated Soil: > 12" (in.) _ Other (Explain in Remarks) Remarks: Wetland Hydrology is not present SOILS Map Unit Name (Series and Phase) Mapped as craven clay loam Drainage Class Taxonomy (Subgroup). Aquic hnludults Confirm Mapped Type? Yes -No X Profile Description Depth Matrix Colors Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc 0-7 10YR5/3 fine sandy loam 7-14 10YR6/4 clay loam Hydric Soil Indicators. Soils _ Histosol _ Histic Epipedon - Concretions `High Organic Content in Surface Layer in Sandy _ Sulfidic Odor _ Aquic Moisture Regime _ Reducing Conditions _ Gleyed or Low-Chroma Colors Remarks: Wetland soils are not present Organic Streaking in Sandy Soils Listed On Local Hydric Soils-List Listed on National Hydric Soils List _ Other (Explain in Remarks) WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes x No Is the Sampling Point Wetland Hydrology Present? Yes No x Within a Wetland? Yes_ No x Hydric Soils Present? Yes No x Remarks: Non wetland = all parameters are not present L o? DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Determination Manual) Project / Site 84019 Int of 264 & Bnck Kiln Rd Date, 12/15/08 Applicant/ Owner: NCDOT County: Beaufort Investigator Jay Johnson State N.C. Do normal circumstances exist on the site? Yes X No Community ID Is the site significantly disturbed (Atypical situation)? Yes No X Transect ID: Is the area a potential problem area? Yes No X Plot ID. (explain on reverse if needed) VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1 Taxodium dishchum Ov 40% OBL 9. 2.Magnolia virginlana S/S 20% FACW 10. 3.Smilax glauca V 25% FAC 11 4.1-onicera iaponica V 25% FAC 12. 5 13. 6 14. 7 15. 8. 16. Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). >50% Remarks: Wetland vegetation is present HYDROLOGY Recorded Data (Describe In Remarks). Wetland Hydrology Indicators _ Stream, Lake, or Tide Gauge _ Aerial Photographs Primary Indicators. _ Other Inundated xSaturated in Upper 12" x No Recorded Data Available - Water Marks Drift Lines Field Observations. x Sediment Deposits x Drainage Patterns in Wetlands Depth of Surface Water: n/a (in.) Secondary Indicators: Depth to Free Water in Pit: Oxidized Roots Channels in Upper 12" x Water-Stained Leaves _ Local Soil Survey Data Depth to Saturated Soil: 3 (in.) _ FAC-Neutral Test _ Other (Explain in Remarks) Remarks. Wetland hydrology is present SOILS Map Unit Name (Series and Phase) Mapped as craven clay loam Drainage Class: Taxonomy (Subgroup): Agmc hapludults Confirm Mapped Type? Yes No x Profile Description Depth Matrix Colors Mottle Colors Mottle Texture, Concretions, (inches) Horizon IMunsell Moist) (Munsell Moist) AbundancelContrast Structure, etc 0-12 10YR2/1 loam Hydnc Soil Indicators _ Histosol _ Concretions Histic Epipedon x High Organic Content in Surface Layer in Sandy Soils _Sulfidic Odor X Organic Streaking in Sandy Soils x Aquic Moisture Regime Listed On Local Hydric Soils List x Reducing Conditions Listed on National Hydric Soils List x Gleyed or Low-Chroma Colors _ Other (Explain in Remarks) Remarks. Wetland soils are present WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes x No Wetland Hydrology Present? Yes x No Hydric Soils Present? Yes x No Remarks: Wetland = All parameters are present Is the Sampling Point Within a Wetland? Yes x No APPROVED JURISDICTIONAL DETERMINATION FORM U S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form instructional Guidebook SECTION I BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD) 12115108 B. DISTRICT OFFICE, FILE NAME, AND NUMBER PROJECT LOCATION AND BACKGROUND INFORMATION State NC County/parish/borough. Beaufort City Washington Center coordinates of site (lat/long in degree decimal format) Lat 35 544690 N, Long 77 02394° Universal Transverse Mercator 18 31316531E 3935334 Name of nearest waterbody Runyon Creek Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows Pamlico River Name of watershed or Hydrologic Unit Code (HUC) Tar/Pam Check if map/dtagram of review area and/orpotential junsdictional areas islare available upon request Check if other sites (e g , offsite mitigation sites, disposal sites, etc ) are associated with this action and are recorded on a different JD form D REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY) Office (Desk) Determination. Date Field Determination. Date(s) 12/15/08 SECTION II. SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION Therec.' - "navigable waters of die US" within Rivers and Harbors Act (RHA) junsdiction (as defined by 33 CFR part 329) in the review area. [Required] S Waters subject to the ebb and flow of the tide fil Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce Explain. B. CWA SECTION 404 DETERMINATION OF JURISDICTION There f "waters of the US " within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required] 1 Waters of the U S a. Indicate presence of waters of U S. in review area (check all that apply) CM TNWs, including territorial seas Wetlands adjacent to TNWs Relatively permanent waters-2 (RPWs) that flow directly or indirectly into TNWs Non-RPWs that flow directly or rndtrectly into TNWs Wetlands directly abutting RPWs that flow directly or indirectly into TNWs Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs Wetlands adjacent to non-RPWs that flow directly or mdirectly into TNWs Impoundments of junsdrehonal waters Isolated (interstate or intrastate) waters, including isolated wetlands b Identify (estimate) size of waters of the U S in the review area Non-wetland waters linear feet width (fl) and/or acres Wetlands 18 acres c. Limits (boundaries) of jurisdiction based on. ?al?is' Elevation of established OHWM (if known) Field Delineation Non-regulated waterstwetlands (check if applicable) ' J3 Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional Explain ' Boxes checked below shall be supported by completing the appropriate sections in Section III below 2 For purposes of this form, an RPW is defined as a tributary that is not a TN W and that typically flows year-round or has continuous flow at least "seasonally" (e g., typically 3 months) Supporting documentation is presented in Section III F SECTION III CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWL If the aquatic resource is a TNW, complete Section IMA-1 and Section IMD 1 only, if the aquatic resource is a wetland adjacent to a TNW, complete Sections Il1A.1 and 2 and Section IILD 1, otherwise, see Section IRB below 1 TNW Identify TNW Runyon creek Summarize rationale supporting determination Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent" Meets 87 manual criteria, contiguous to Pamlico river R CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY) This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapanashave been met. The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are "relatively permanent waters" (RPWs), i e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3 months) A wetland that directly abuts an RPW is also jurisdictional Uthe aquatic resource is not a TNW, but has year-round (pereumal) flow, slop to Section DID 2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, slap to Section DID 4 A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law If the waterbody` is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section HLRI for the tributary, Section HLR2 for any onsite wetlands, and Section IILB 3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section III. C below Characteristics of non-TNWs that flow directly or indirectly into TNW () General Area Conditions Watershed size I;' Drainage area 'c J-5 t Average annual rainfall inches Average annual snowfall inches (n) Physical Characteristics (a) Relationship with TNW ® Tributary flows directly into TNW ? Tributary flows through "_ tributaries before entering TNW Project waters are 1 or , river miles from TNW Project waters are VJ(st river miles from RPW IM Project waters are aerial (straight) miles from TNW Project waters are ' ` - aerial (straight) miles from RPW Project waters cross or serve as state boundaries Explain Identify flow route to TNWs Tributary stream order, if known Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and West s Flow route can be described by identifying, a g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW (b) General Tributary Characteristics (check all that apply Tributary is ® Natural ? Artificial (man-made) Explain ? Manipulated (man-altered) Explain Tnbutary properties with respect to top of bank (estimate) Average width 10 feet Average depth 3 feet Average side slopes ?; Primary tributary substrate composition (check all that apply) ® Silts ® Sands ? Cobbles ? Gravel ? Bedrock ® Vegetation Type/% cover 50 ? Other Explain ? Concrete ® Muck Tributary condition/stability [e g , highly eroding, sloughing banks] Explain stabil Presence of runhiIDe/pool complexes Explain Tributary ckMPA g try a...? Tributary gradient (approximate average slope) 01 % (c) Flow Tributary provides for asatt2q Estimate average number of flow events in review area/year- JV1( rgirea# Describe flow regime Other information on duration and volume Surface flow is Pver flee Characteristics Subsurface flow FAUJI&M Explain findings ? Dye (or other) test performed Tributary has (check all that apply) ® Bed and banks ® OHWlv16 (check all indicators that apply) ® clear, natural line impressed on the bank ? changes in the character of soil ? ? shelving ? ® vegetation matted down, bent, or absent ? ® leaf litter disturbed or washed away ® sediment deposition ? ? water staining El ? other (list) ? Discontinuous OHWM 7 Explain. If factors other than the OHWM were used to deterni JU High Tide Line indicated by EJ ? oil or scum line along shore objects ? fine shell or debris deposits (foreshore) ? physical markings/charactenstics ? tidal gauges ? other (list) (m) Chemical Charactenstics the presence of litter and debris destruction of terrestrial vegetation the presence of wrack line sediment sorting scour multiple observed or predicted flow events abrupt change in plant community ire lateral extent of CWA jurisdiction (check all that apply) Mean High Water Mark indicated by ? survey to available datum, ? physical markings, ? vegetation Imes/changes in vegetation types Characterize tributary (e g , water color is clear, discolored, oily film, water quality, general watershed characteristics, etc ) Explain Identify specific pollutants, if known 6A natural or man-made discontinuity in the OHWM does not necessarily severjurisdiction (e g, where the stream temporarily flows underground, or where the OHWM has been removed by development or agricultural practices) Where there is a break in the OHWM that is unrelated to the waterbody's flow regime (e g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break 7Ibid (iv) Biological Characteristics Channel supports (check all that apply) ? Riparian comdor Characteristics (type, average width) ? Wetland fringe Characteristics ? Habitat for ? Federally Listed species Explain findings ? Fish/spawn areas Explain findings ? Other environmentally-sensitive species Explain findings ? Aquatic/wildlife diversity Explain findings 2 Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW (i) Physical Characteristics (a) General Wetland Characteristics Properties Wetland size acres Wetland type Explain Wetland quality Explain Project wetlands cross or serve as state boundaries Explain (b) General Flow Relationshp with Non-TNW Flow is gclt Mast Explain. Surface flow is PRIME- Characteristics Subsurface flow 150L Explain findings ? Dye (or other) test performed (c) Wetland Adjacency Determination with Non-TNW ? Directly abuttmg ? Not directly abutting ? Discrete wetland hydrologic connection Explain ? Ecological connection Explain ? Separated by berm/barner Explain (d) Proximity (Relationship) to TNW Project wetlands are nver miles from TNW Project waters are aerial (straight) miles from TNW Flow is from i Estimate approximate location of wetland as within the M floodplam. (h) Chemical Characteristics Characterize wetland system (e g , water color is clear, brown, oil film on surface, water quality, general watershed characteristics, etc ) Explain Identify specific pollutants, if known (w) Biological Characteristics Wetland supports (check all that apply) ? Riparian buffer Characteristics (type, average width) ? Vegetation type/percent cover Explain ? Habitat for ? Federally Listed species Explain findings ? Fish/spawn areas Explain findings ? Other environmentally-sensitive species Explam findings ? Aquatic/wildhfe diversity Explain findings 3 Characteristics of all wetlands adjacent to the tributary (if any All wetland(s) being considered in the cumulative analysis Approximately ( ) acres in total are being considered in the cumulative analysis For each wetland, specify the following Directly abuts? (Y/N) Size (in acres) Directly abuts? (YIN) Size (in acres) Summarize overall biological, chemical and physical functions being performed C SIGNIFICANT NEXUS DETERMINATION A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to deternune if they significantly affect the chemical, physical, and biological integrity of a TNW For each of the following situations, a significant nexus exists if the tributary, in combination with an of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW Considerations when evaluating significant nexus include, but are not linited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW} Similarly, the fact an adjacent wetland hes within or outside of a floodplam is not solely determinative of sigmficant nexus. Draw connections between the features documented and the effects on the TNW, as identified in the Rapmms Guidance and discussed in the Instructional Guidebook Factors to consider include, for example • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW? • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream foodwebs? • Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW? Note the above list of considerations is not inclusive and other functions observed or known to occur should be documented below 1 Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs Explain findings of presence or absence of significant nexus below, based on the tributary itself; then go to Section III D 2 Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into TNWL Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III D 3 Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW Explain findings of presence or absence of significant nexus below, based on the tnbutary in combination with all of its adjacent wetlands, then go to Section IILD D DETERMINATIONS OF JURISDICTIONAL FINDINGS THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLY) 1 TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area TNWs lmear feet width (ft), Or, acres Wetlands adjacent to TNWs 1 Sacres RPWs that flow directly or mdimctly into TNW& Tributaries of TNWs where tributaries typically flow year-round are junsdictional Provide data and rationale indicating that tributary is perennial Tributaries of TNW where tributaries have continuous flow "seasonally" (e g , typically three months each year) are jurisdictional Data supporting this conclusion is provided at Section III B Provide rationale indicating that tributary flows seasonally Provide estimates for junsdicttonal waters in the review area (check all that apply) E9 Tributary waters linear feet width (ft) Other non-wetland waters acres Identify type(s) of waters Non-RPWss that flow directly or indirectly into TNWL 21 Waterbody that is not a TNW or an RPW, but flows directly or indu dy into a TNW, and it has a significant nexus with a nON is jurisdictional Data supporting this conclusion is provided at Section III C Provide estimates for jurisdictional waters within the review area (check all that apply) Tributary waters linear feet width (ft) Other non-wetland waters acres Identify type(s) of waters Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. fM Wetlands directly abut RPW and thus are junsdictional as adjacent wetlands J Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section III D 2, above Provide rationale indicating that wetland is directly abutting an RPW Q Wetlands directly abutting an RPW where tributaries typically flow "seasonally " Provide data indicating that tributary is seasonal in Section I LLB and rationale in Section III D 2, above Provide rationale indicating that wetland is directly abutting an RPW Provide acreage estimates for jurisdictional wetlands in the review area acres 5 Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. 01 Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW arejurisddictional Data supporting this conclusion is provided at Section III C Provide acreage estimates for jurisdictional wetlands in the review area acres 6 Wetlands adjacent to non-RPWs that flow directly or indirectly into TNW& IS Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are junsdictional Data supporting this conclusion is provided at Section III C Provide estimates for junsdichonal wetlands in the review area acres 7 Impoundments of jurisdictional waters.' As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional Demonstrate that impoundment was created from "waters of the U S ," or Demonstrate that water meets the criteria for one of the categories presented above (1-6), or Demonstrate that water is isolated with a nexus to commerce (see E below) ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMMRCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY)." which are or could be used by interstate or foreign travelers for recreational or other purposes from which fish or shellfish are or could be taken and sold in interstate or foreign commerce which are or could be used for industrial proposes by industries in interstate commerce Interstate isolated waters Explain Other factors Explain. Identify water body and summarize rationale supporting determination Nee Footnote # 3 To complete the analysis refer to the key in Section III D 6 of the Instructional Guidebook 10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts win elevate the action to Corps and EPA HQ for review consistent with the process described in the Corps/EPA Manorwidwn Regardrag CWA Acs Jcerv&caon Following Rapanm Provide estimates for junsdictional waters in the review area (check all that apply) Tributary waters linear feet width (ft) Other non-wetland waters acres Identify type(s) of waters Wetlands acres F NON4MMICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY) Ja If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce ? Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the "Migratory Bird Rule" (MBR) Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction Explam. Other (explain, if not covered above) Provide acreage estimates for non-lunsdichonal waters in the review area, where the sole potential basis of junsdiction is the MBR factors (i e , presence of migratory buds, presence of endangered species, use of water for ungated agriculture), usin g best professional judgment (check all that apply) " Non-wetland waters (i e, rivers, streams) Imear feet width (ft) Lakes/ponds acres Other non wetland waters acres List type of aquatic resource Wetlands acres Provide acreage estimates for non-jurisdictional waters in the review area that do not meet the "Sigmficant Nexus" standard, where such a finding is required for jurisdiction (check all that apply) Non-wetland waters (i e, rivers, streams) linear feet, width (ft) Lakes/ponds acres Other non-wetland waters acres List type of aquatic resource Wetlands acres SECTION IV DATA SOURCES A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked and requested, appropriately reference sources below) Maps, plans, plots or plat submitted by or on behalf of the apphcant/consultant Data sheets prepared/subrinded by or on behalf of the applicant/consultant ? Office concurs with data sheets/dehneation report. ? Office does not concur with data sheets/dehneation report. Data sheets prepared by the Corps Corps navigable waters' study U S Geological Survey Hydrologic Atlas ? USGS NHD data ? USGS 8 and 12 digit HUC maps U S Geological Survey map(s) Cite scale & quad name 124000 Washington Quad. USDA Natural Resources Conservation Service Soil Survey Citation Beaufort County Plate 46 National wetlands inventory map(s) Cite name State/Local wetland inventory map(s) FEMA/FIRM maps 100-year Floodpiain Elevation is (National Geodectic Vertical Datum of 1929) Photographs ? Aerial (Name & Date) or ? Other (Name & Date) Previous determination(s) File no and date of response letter Applicable/supporting case law Applicable/supporting scientific literature Other information (please specify) Site visit on 12/15/08 R ADDMONAL COMAENTS TO SUPPORT JD cc ? c M m o 00 z ° :3 o ° a 75 U) r m r z z CQY C) F x U U p U M F S ¢ Q 7 a p Q 0. U z F W W 5 Cl) W CL O c co m ca LL 'D CL N== oc) LU :k U) > cc Cs c (D ti 3 Cl a) c C c ca ca 0 IL CD w C) co cZ LL 0) co L i L L i L i J i ? 0 z a m m »= o zoo ° ? o_ ?c o F m w ? f0 d E. o ?~ ° a w V C C C U ? d ? c0 Q U ? (D w d LL ? ? (U6 U °O Q ? N ?. O N ° to E U) E o U a Q ? rn ? ( F- D _ o W m 0)? m w m m m > W > J H W rn E-2? o c u? Elm m ? J Q. ? N O O iO ? E C+7 N O ? ? p Q C11 J ? _ ? Z N N o ] m H __________________________________________________________________________________________________________________________ i i yy / / .00/ / / C / vo °=? A V N ? / ? I i-??OO ' N WD Z A A Q D?? 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