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HomeMy WebLinkAbout20021733 Ver 1_COMPLETE FILE_20021028r? Michael \O?0F W A ??9QG ?r- F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality November 4, 2002 Mitchell County DWQ Project #: 02-1733 APPROVAL of 401 Water Quality Certification with ADDITIONAL CONDITIONS Mr. John Locascio US Cellular 707 Concord Road Knoxville, TN 37909 Dear Mr. You have our approval, in accordance with the attached conditions, to impact 0.016 acres of wetlands or waters for the purpose of a road crossing at the Ledger Tower Site as you described in your application dated October 24, 2002. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3375, which may be viewed on our website at http://h2o.enr.state.nc.us/ncwetlands. This certification allows you to use General Permit Number 14 when the Corps of Engineers issues it. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. This approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application except as modified below. If you. change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h) (6) and (7). This approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the General Certification. For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. 1. Upon completion of the project, the applicant shall complete and return the enclosed . "Certification of Completion Form" to notify DWQ that all the work included in the 401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the Division of Water Quality. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. N. C. Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) (919) 733-1786 (phone), 919-733-6893 (fax), (http://h2o_enr.state.nc.us/ncwetlands This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-1786 or Mike Parker at our Asheville Regional Office at 828-251-6208. Sincerely, JRD/bs Attachments cc: Corps of Engineers Asheville Field Office Asheville DWQ Regional Office ;,File copy Central Files Law Engineering and Environmental Services, 720 Gracern Rd, Suite 132, Columbia, SC 29210 Office Use Only: Form Version May 2002 1102 17 6-1 J" USACE Action ID No. DWQ No. Q (If any particular item is not applicable to this project, please enter "Not Appil I. Processing 1. Check all of the approval(s) requested for this project: v ® Section 404 Permit ? Riparian o? Wa er s ? Section 10 Permit ? Isolated Wetland-1-`e?APVQ ® 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 14 - Road Crossings 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 Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), 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: Mr. John Locascio Mailing Address: US Cellular (Care of Site Management Services, LLC) 707 Concord Road Knoxville, TN Telephone Number: 865-777-7039 Fax Number: 865-777-7012 E-mail Address: John. Locascio(iDuscellular. corn 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: James A. Smith Company Affiliation: Law Engineering and Environmental Services, Inc. Mailing Address: 720 Gracern Road Suite 132 Columbia, SC 29210 Telephone Number: 803-798-1200 Fax Number: 803-750-1303 E-mail Address: jim.smith6c mactec.com III. Project Information Page 5 of 13 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: Ledger Tower Site (30300-1-1021-19) 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): Map 0871 Block 26 Parcel 9464 4. Location County: Mitchell Nearest Town: Ledizer Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): From Ashville take 19/23 north to 19E. Go through Burnsville (App 12 miles). After you go through Burnsville go app 11 miles to light. Make left on 226 South. Go app 5 miles past Boyds Family Rest. When you see Exxon on right go app 1 mile to top of hill. Make left on Wing Road (see B&C motors on corner). Go on Wing Road until you come to Y in road. Vear left (still Wing Road) and go ap-p 0.75 miles. Look for entrance on left with cable crossing the entrance. Site is about 2 miles up dirt road. 5. Site coordinates, if available (UTM or Lat/Long): Site- N35°57'00"/W82°07'24" (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Property size (acres): 10 acres (protect site 100' by 1001 7. Nearest body of water (stream/river/sound/ocean/lake): Wing Branch 8. River Basin: French Broad (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/mays/.) 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 parcel of land is located on a west-facing slope of a ridge in a partially cleared partially wooded area east of Wing Road in Mitchell County, Page 6 of 13 North Carolina The site extends to the toe of the ridize. The area of interest (road improvement) is located approximately 500 feet northwest of the tower site on the access road Other U.S. Waters crossings on the access road currently have adequate culverts in place. 10. Describe the overall project in detail, including the type of equipment to be used: The protect involves improvements to an existing logging road with installation of a culvert. The culvert will be 24 inches in diameter and will extend 3 feet on either side of the road. The existing road will not be widened. The road will be improved (grade and gavel). Construction equipment will include a front-end loader/backhoe. 11. Explain the purpose of the proposed work: The road improvement and associated culvert installation will provide improved access to the eastern portion of the property. It will serve as an access easement for a planned communications tower site. The road, in its current condition does not provide viable access for service vehicles. 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. N/A 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. N/A 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. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream Page 7 of 13 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: The culvert installation will require the placement of fill material in approximately 0.016 acre of forested headwater. 2. Individually list wetland impacts below: Wetland Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** (es/no) Distance to Nearest Stream (linear feet) Type of Wetland*** 1 Fill 0.016 NO App. 900 feet Forested Headwater * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized cleanng, grading, till, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at htti)://www.fema.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: 0.25 acres Total area of wetland impact proposed: 0.016 acres 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Site Number (indicate on ma) Type of Impact* Length of Impact (linear feet) Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? leasespecify) N/A * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, 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. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at Page 8 of 13 www.usizs.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.toaozone.com, www.manauest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: N/A 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) N/A * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 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 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 tower site is to be located at the ton of the ridiie. on the west-facing slope. Due to topo gphical constraints and the present layout of the existing road, impacts will be to a minimum by improving the existing logging road. Re-routing the road will create greater disturbance to the area due to the steep gradient that would be altered and the densely forested mountain side that would need to be cleared. Unless the road is to be rerouted to the eastern- facing slope there is no way to completely avoid crossing the forested headwater with minimum Page 9 of 13 impacts. Impacts to the wetland would be reduced to a minimum by installing a culvert on the existing logaina road. 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 March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP 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. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions 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. N/A 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of Page 10 of 13 the NCWRP is proposed, please check the appropriate box on page three 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): 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) funds or the use of public (federal/state) land? Yes ? No 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 ? 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. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No ® If you answered "yes", provide the following information: 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 (square feet) Mitigation Page 11 of 13 I . N/A 3 N/A 2 N/A 1.5 N/A Total N/A N/A * Zone 1 extends out 30 feet perpendicular trom near bank of channel; Gone z extenas an additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or.0260. N/A XI. Stormwater (required by DWQ) Describe impervious acreage (both 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. 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. N/A 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. 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). Page 12 of 13 (Agent's /C) • Z .bZ. /Agent's Signature Date -e 's valid only if an au 'zation letter from the applicant is provided.) Page 13 of 13 Irloo SITE A, MANAGEMENT SERVICES, LLC Wireless Site Solutions 5500 Lonas Drive, Suite 310 Knoxville, TN 37909 August 7, 2002 Mr. Jim Smith Law Engineering and Environmental Services, Inc. 720 Gracem Road, Suite 132 Columbia, SC 29210 Mr. Smith: Site Management Services, LLC acting Ph 9 se ceouiarnmental Site authorize Ste survey, GEO Environmental Services. Inc. to perform Exploration and NEPA checklist. Please proceed with the above stated tasks. Thanks, ?) Iv V" Missy M Ilan Project Manager .,.ate PHONE: 865-212-4023 TOLL 1FREE: 888-807-402 E-MnII.: jrIPO . SIT BAG S VICES-COW WFB SITE: WWw SITxACQSS?VICES.COM nrT ':)S ?AA? 11:35 8652124083 PAGE.02 Burnt Mountain 3480' ,Big Ridge ,Snow i1lf2840' 1 cT SITE POX \ Otter Knobs 0 I ,The Peak 3820' '/uUnLL7 \/ ? 220000 DeLorrn Street Atlas USA; ®2 .Gr12T Inc. Rel. 04/2000 1 ?o 1152 Lie r r L Ledger Tower Site Mitchell County, NC US Cellular LAW #: 30500-1-1021-19 i e rj � 4�4.... �\ :.:• `�.1r 1 0 , •/ ; .^—��jj�) j�5� /�` ,./� \�...i I j � E`��, .�^. \.1' l r•••- -�% 1 rt ....%/"` ; (1 t.� � i NJ- : ���'/lam^,�� ;�Jt ��..� �� '\ i^•\, \�`\v"��1. 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' C;Y"z1�1c hril � / �l �/, � �i� moi'',• fit• � x'11 � �/�/''' �I`1' 1 \��l t ` ^./' .� \ �c \ �� �/) r 1 >` / i / `�: Name: MICAVILLE Location: 035° 57' 15.8" N 082° 07' 31.1" W Date: 8/27/2002 Caption: Ledger Tower Site Scale: 1 inch equals 2000 feet Mitchell County 30500-1-1021-19 Copyright (C)1997, Maptech, Inc. VA79' `3,SZC \?. ..Ar +. 22 r< f F ,. G _14 ?? ? 3. 331 ?• F alp , /2?!` ?? 3IF , 41 Y. G 4 Existing Road ?.? LgI e , . ?, F l ?„V ?Y?L 'a ? I?l i h mod{ (y?r D 33`l ' 3(al+ A lg{ '' l k. 1722 I?1,? j ??•%?,? fir; IS(D• - ` 3? r r ' }, ?,1 "'?' E • ; . ,?--. ?6??3 71 ry a ?' k' N --? ?' 3(61 1 3 I- R ,. : ,: + ?C ti 121 f 30 11 4D J Proposed Culvert 4t 7 ; ?•`? TOWER SITE Location les 3h DA {p "0 3I F '? D 121p? 35 Z ; iu '; r° ( I 7 35L E° _ "3 1 3 ? \? r ??' ,''r 18 ? '` (?d6 • _ :?:? •l. G , ? "'?., ? ,ter ?IBIE? 73 181 a,+? gas 1 Z/??/.. ?v ?,? ? -` (e F / !! ?5 1!' '`f 181 V E X37 ?34IT- r° 9 F 337E f, ;' 1 3(0l E .7 33?F 33i IF + 3G1F ??. 3(?IF p, V 337E 31\ \ f, r F M , E\ 33 331ti? \? f.;, ? 1. 3 337fn 33` F ' F 'F •' e e - ??,?.. < L ?.. 33?f-.' ,? dy`' ?? tD ?° 121 33-7 lei 352. F 331 F tE / y 3`J F, 1 35z asap' % 337 I ?z? !12l? 33? 3S2 F r: ? i K? 41 V 4 333-7 1 ` _ ` 18! 52 1 a ZI ` ?. F?" 337 \ 331E F l F 1Z ;f, iZ.l 114 331? t` 352 #`.1 M E 352 ?• 700 G' _ 11 Z I 3 3 ? F 3s? F Ledger Tower Site V -. I? I8lb V V 121 Mitchell County, NC V ? ?S?'? US Cellular 7F V I?t + `` ??'•- {,' 352 LAW #: 30500-1-1021-19 ' 33i E 131E r-• r ., 2-0 mA,.rr_f46L TO r MA I TCHELI COUNTY .1 NORT,tk _ .AkQ.4INA _ SAIL SVRVE'1... xl.€ !,.-I'? SGA1.E ?_`I•= TIP LETED 4-91. By, ?AN s 13 r 2 U. S. DEPARTMENT OF SOIL CONSERVATION SERVICEURE APPROX. SCALE 1" = 1000' COOPERATING WITH MITCHESOIL SURVEY LL COUNTY, IEN STATE AGRICULTURAL EXPERIMENT STATION USDA.9CS•FOgT WORTH, TEXAS ADVANCE COPY - SUJE( 1141b. SURVEY HAS NOT BEEN COMPILED NC rnotograph 41. 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