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HomeMy WebLinkAbout20031612 Ver 1_COMPLETE FILE_20031222Ot,P AT,?R Michael F. Easley, Governor Q William G. Ross Jr., Secretary Qr North Carolina Department of Environment and Natural Resources }' Alan W. Klimek, P.E., Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality December 23, 2003 Pender County DWQ Project #: 03-1612 APPROVAL of 401 Water Quality Certification and AUTHORIZATION CERTIFICATE Glynn Fouche 133 Nash Street Wilmington, NC 28403 Subject Property: Bay Harbor, Lot# 6, Phase 1 Dear Mr. Fouche: You have our approval, in accordance with the attached conditions, to impact 0.025 acres of wetlands or waters for the purpose of constructing a single-family residence as you described in your application dated December 22, 2003. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3402, which may be viewed on our website at http://h2o.enr.state.nc.us/ncwetlands. This certification allows you to use Nationwide Permit Number 18 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. Conditions of Certification: Certification of Completion 1. Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return 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/ncwedands Page 2 Mr. Fouche December 23, 2003 the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or clyil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 464 and/or coastal Area Management Act Permit. 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 fora hearing. i This letter completes he 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 Noelle Lutheran at our Wilmington Regional Office at 910-395-3900. Sincerely, . Klimek, P.E.,IDi JRD/bs Attachments cc: Corps of Engineers Wilmington Field Office Wilmington DWQ Regional Office File copy Central Files I I i The Ultra-Amazing Standard Additional Conditions Document Version 1 - June 1, 2003 The blue wording is for your instruction and edification (i.e. don't put this in the approval, ok?). The red wording is optional lingo (don't forget to change the color to black if used or to delete if not used). Also, please change the dollar signs to the appropriate number in the final document. The little gray boxes need to be filled with the appropriate information. Please note the handy dandy titles that Bob inadvertently came up with should be used... Impacts should be specifically listed and specifically referenced. This is necessary to ensure that only the impacts approved are conducted and that if any impacts beyond those specifically approved occur it will be easier to enforce the 401 Cert./Isolated Wetland Permit/Buffer Approval. Taking this extra bit of time now saves headaches later. $$) Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions are met. No other impacts are Z?l approved including incidental impacts: Amount Approved Units Plan Location or Reference Stream feet 404/CAMA Wetlands acres D , o C Waters acres Buffers (square ft. Mitigation may be necessary when mitigation thresholds are exceeded or when certain buffer impacts are conducted. The USACE may require mitigation in certain circumstances that are below our threshold requirements or for the impounded portion of streams for instance when DWQ does not. In those cases we cannot require mitigation. However, when DWQ does require mitigation it is recommended that our requirements be similar to the USACE's. For streams it is anticipated that DWQ will follow the USACE's Stream Mitigation Guidelines. For wetlands we typically require at least 1:1 restoration or creation. The following condition can apply to applicants that propose on site mitigation such as stream relocation where the relocation will meet the definition of stream restoration (i.e. the activity will mitigate for its own impacts). Remember to apply the ratios to the amount of mitigation required. ? Compensatory Mitigation Mitigation must be provided for the proposed impacts as specified in the table below. A final compensatory mitigation plan must be approved in writing by this Office before any of the impacts approved herein are conducted. Additionally, the compensatory mitigation plan must be completely constructed and implemented according to the plans approved by this Office before any permanent building [road] associated with the project is occupied [is opened]. The mitigation must be maintained according to the approved plan and permanently protected by the use of conservation easements or similar. protections. Any repairs or adjustments to the mitigation site must be made according to the approved plan or must receive written approval from this Office to make the repairs or adjustments. Com ensato Mitigation Required Stream feet Wetlands acres Waters acres Buffers (square feet The following are recommended in addition to the above when on site stream mitigation, relocation or restoration is proposed: ? Stream. Relocation (Mitigation) with Approved Plans The stream and buffer relocation must be constructed, maintained, and monitored according to the approved plans in the application and application modifications. Any repairs or adjustments to the site must be made according to the approved plans or must receive written approval from this Office to make the repairs or adjustments. ? in order for this project to be used as compensatory mitigation for other specific projects you must obtain written approval from this Office. The request should include the amount of stream length and buffer area credit requested for accounting purposes. Please specify DWQ project No. when making your request. ? Stream Relocation/Stabilization (Mitigation) that Require Additional Approved Plans ? Include bold line material Before any of the impacts authorized in this Certification occur, you must provide and receive. written approval from this Office for a final stream relocation and/or stabilization plan. The plan must Include designs and specifications that meet the definition of stream restoration (or enhancement in no relocation is proposed) according to the latest version of the Internal Technical Guide for Stream Work in North Carolina (available at httpJ/h2o.ehnr.state.nc.us/ncwetlands/Strmgide.htmi). The stream and buffer relocation must be constructed, maintained, and monitored according to the plans approved by this Office. Any repairs or adjustments to the site must be made according to the approved plans or must receive written approval from this Office to make the repairs or adjustments. The relocated stream must be preserved In perpetuity by use of a conservation easement or other similar mechanism as part of the approved plans. The following mitigation condition can be applied when the applicant has proposed and received approval to use the WRP, EEP, or mitigation bank Obviously you will have to change references to the WRP If the EEP or a mitigation bank Is used. ? Compensatory Mitigation Using the Wetlands Restoration Program (WRP) Mitigation must be provided for the proposed impacts as specified in the table below. We understand that you wish to make a payment to a fund administered by the NC Wetlands Restoration Program (WRP) to meet this mitigation requirement. This ha5.been determined by the a Office Use Only: USACE Action ID No. (If any pa i 1. Processing II. QQ W L_ _? U,9 1 Form Version May 2002 DWQ No. is COPY e to this project, please enter "Not Applicable" or "N/A".) 1. Check all of the approval(s) requested for this project: KI Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ X] 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: /vw?3 1 T 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: ? Applicant. Information 1. Owner/Applicant Information a Name: 0'f ;4` ,) Mailing Address: 133 A/As; Telephone Number: 91 a. 392. 5043 E-mail Address: s o,,, Ka._4 LaTe- e,o 2 Pax Number: Telephone Number: E-mail Address: G Fax Number: Page 5 of 12 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: t• III. Project Information Attach a vicinity, mapEllearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a,_detAile. site p1an2howing property boundaries and development plans in relation to surrounding properties.. Both the vicinity map and site plan must include a scale and north arrow. Th'e' specific' footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriatCKJSGS 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 ofproject: G17nvi Pbw#. ,t Rsi4t^c? 2. T.I.P. Project,' Number or State Project Number (NCDOT Only): 93(3. Property Identification Number (Tax PIN): S450 02-fd Oto 4. Location County: IQanals.r- Nearest Town: 14ownPa4a d a. Subdivision name (include phase/lot number): (3a? Hc„r kav- Lo 46 P h^sa 1 Directions to'site (include road numbers, landmarks, etc.): O,1,M:*..46r 2 Aviv 17 N 13 5. Site coordinates, if available (UTM or t/Lo g): N 340 2S,+o1 W o'1'1° 36.?1Bt` (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.) I 6. Property size; (acres): . 5 7. Nearest body,' of water (stream/river/sound/ocean/lake): ?V;rg???a C+?c?k ?Wt?ii?+ (L?•h 8. River Basin:?a,?t (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.ne.us/admin/ma-s/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: 5 +4e. 1kks b.am% Cl4ar.. A w0rl, Wc1t Sept?L Page 6 of 12 f 10. Describe the overall project in detail, including the type of equipment to be used: T7F" 144f C4tj+mc t-a ?.e S4e- iS 64-iV%4 Art port d -fie, tke ?oe4-1or7j, +,Pwrk.W!l a.c_.., a,OL 4 dr;6-t_W&15?n+?ck'M f'e.st _e ?.,!(d.rf if ngxd.-? fa Lave-I f1?tSi4C.. ?4AJcuy _ W I is r . " 4-S orr , if n wort ; 5? b?h,,d watt ' W;11 bs. ra;sca a4 F11 -k w,944- Ek?..fi.A GK Dreetr'Fv. 'il.t (,yntl be7:h? I1?i11axd art 4At f'iJK'1-i rvr?s a?I0r?t f?p?r4y bou?A?(ur 4, 5,01 o 4?,.` 1?s•watl'f ?c Lt4+ &0-4 funs ;kk +ko /a+ .?2 {??} a?w{ ra'tis 4n f?r:s¢}? lives!( 11. Explain the purpose of the proposed work: 71?e P-urpase is ii) Prov1 ,k & L -tl s ??-? ??.? fa ?.ir-k z •wd 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. 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. 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 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. Page 7 of 12 14 k 1. Provide a C& A cLP t, 2f. ? ?1 IWX i!S description of the proposed impacts: ?l,? ?i 11 Ce..1 i gn coy-L'o-S 2. Individually list wetland impacts below: Wetland Impact Site Number (indicate on ma) I Type of Impact* Area of , Impact (acres) Located within 100-year Floodplain** (yes/no) Distance to Nearest Stream (linear feet) Type of Wetland*** (1 .015 Yes i 14 ' 8a lbt 31+4 W - Iasi cacn ttnpacL scpaiatety anu wenmy temporary impacts. impacts include, out are not ntnited to: mechanized clearing, grading, fill, 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-approvgd local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at b=://www.fema.2ov. *** 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: .2 Acres 1 Total area of wetland impact proposed: .42.5 Act-as 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? (please secify) List each impact separately and identity 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 www.usgs.Rov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozoiie.com, www.mapguest.com, etc.).! Cumulative impacts (linear distance in feet) to all streams on site: Page 8 of 12 WO Tne; 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 ma) Type of Impact* Area of Impact (acres) Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) List each impact separately and identify temporary impacts. Impacts include, but are not limited to: till, 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.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Size of watershed draining to pond: Expected pond surface area: 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. A r 4yL, h i 1... W oh i S w-e-A AL M ty? i w? i? z ±I^& 0.Y1/?nv.n? a? w??.-f ?.xt?e `?ti'1A(?e?.C d__ sS co, S Ie!td A-LaAs y,41s il%t wall 1,.1111 ho," -PArm..nctA Luss sr, cahite l -??1a ; , ?a -1p Dn.? cN?- S'l:G?p s a ? a?otr 6 id ?.?tr 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. Page 9 of 12 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 siz& 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 0 i the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. 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/wry/index.htm. If use of the NCWRP is proposed, please check the appropriate. box- on page three and provide the following information: j Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount, of Coastal wetland mitigation requested (acres): Page 10 of 12 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 [I If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Adt (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 SERA 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. Wih 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 Ci?, 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 (square feet) Multiplier Required Mitigation 1 3 2 1.5 Total * Zone 1 extends out 30 teet perpendicular trom near bank of channel; Gone 2 extenas an additional 20 feet from the edge of Zone 1. Page 1.1 of 12 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. XI. Stormwater (required by DWQ) rl 0,.dML T.MVtryidvftS •.5 AGrc ???*?• Describe impervious acreage (both existing and proposed) versus total acreage on the site. j? Discuss stormwater controls proposed in order to protect surface waters and wetlands del downstream from the property. S?avw.We 't lows p wtJ4`1f6A rt,.4 4.1 ? b...ke._ +,,Lls4 aler?b W de aa.i rIh?apt1•w- S W9u? fop* ? 6O V,,J r- *-Ad T M a tl VA CJ4Mk %1tik a ? Cod J(86•rea o? ?M1A?wc d, '?egtt?},?n a vd lx 6 WtarSh 6Vf4-Lr 04 So X S' 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. Other Circumstances (Optional):" It is the applic!ant'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). Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 1.9\ ?l .w LOCATION MAP NOTES= /. This latiS n a flood horardouS area axording LEGEND to the Federal Emergency Management Agency's Flood /nsurmweRote Map, Cammunity-Panel o Pot,aT F2otA REP t1oE Number 370344 0411 B, Effective Date * EXISTING IRON Februaq? 15, 1983. , ? SQO 3 OLD CON. 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