HomeMy WebLinkAbout20052167 Ver 3_More Info Received_20070329:r
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To: US Army Corps of Engineers
Raleigh Regulatory Office
Attn: Eric Alsmeyer
6508 Falls of the Neuse Road
Suite 120
Raleigh, North Carolina 27615
Re: Winston Ridge Highway 96 Widening
DWQ EXP 05-2167 v3
Franklin County, NC
March 29, 2007
~.xp o 5 -- a~~ ~ v 3
KELLER ENVIRONMENTAL
ENVIRONMENTAL CONSULTANTS
7921 Haymarket Lane, Raleigh, NC
(919) 844-7437
Fax (919) 844-7438
NC Division of Water Quality
401 Oversight and Express Permits Unit
Attn: Staff
2321 Crabtree Boulevard
Suite 250
Raleigh, North Carolina 27604-2260
On behalf of the applicant, Winston Ridge, please find attached a complete revised application requesting written
concurrence from the United States Army Corps of Engineers (COE) and the North Carolina Division of Water Quality
(DWQ) that the activfies proposed below may precede utilizing Nationwide Permit 14. Revisions have been made to page 5
(Stream Impact Sections 4 & 6) of the PCN. We are requesting to extend the box culvert on NC 96 for the purpose of
widening NC 96 to allow for a tum lane into Winston Ridge subdivision. The proposed work is a modification to the
previously authorized NCDWQ Water Quality 401 Certificate issued on July 14, 2006. DWQ Project # 05-2167.
PROJECT SUMMARY
Pro'ed Name WINSTON RIDGE HIGHWAY 96 WIDENING
Pro'ed T HIGHWAY WIDENING
Owner / licant Marcus Edwards Develo ent, LLC; Matthew Winslow
Coun Franklin Coun
Nearest Town Youn sviAe
Wate Name UT to Horse Creek
Basin /Sub-basin 03-04-01
Index Number 27-17 0.3
Class C, NSW
IMPACT SUMMARY
Stream Im act feet 20 linear feet
Neuse River Buffer im acts feet 950 s .feet 0.022 acres
Wetland Im ads 0
Total Im ad to Waters of the State feet $0 s uare feet
Total Stream Im d linear feet 201inear feet
Please contact me at (919) 844-7437 (office) or (919) 749-8259 (cell) or jay _kellerenvironmental.com if you have any
questions or require any additional information.
Sincerely,
KELLER ENVIRONMENTAL, LLC
~~
Jay Keller
Principal
Attachment:
Revised PCN Application
March 29, 2007 DWQ Request for More Information
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1}~l."1 ANia~ r"*~ ~T~r~.~,41~TFR EiRA~ILti
Office Use Only: Form Version March OS
USAGE Action ID No. DWQ No. ~kQ fl5 ~02~ 101 Y3
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ® Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested
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: ~(~ ~~. ._ ~ t ~,
~~
II. Applicant Information ~IAI~~~ ~~_;ti
Owner/Applicant Information ~~E~IF~
Name: Marcus Edwards Development, LLC; Attn: Matthew WmsPow
Mailing Address: 416 US Highway North, Suite B
Youngsville, NC 27596
Telephone Number (919)556-9007 Fax Number: (919)556-7855
E-mail Address: matt-denmark(c~nc.rr.com
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: Jay Keller
Company Affiliation: Keller Environmental
Mailing Address: 7921 Haymarket Lane; Raleigh, NC 27615
Telephone Number: (919) 844-7437 Fax Number: (919) 844-7438
E-mail Address: ~ayCa~kellerenvironmental.com
Page 1 of 9
III. Project Information
At~ac'1'i a vicmity ma~~c~arly 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: Winston Ridge Highway NC 96 widening
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 1843-56-5554
4. Location
County: Franklin Nearest Town: Youngsville
Subdivision name (include phase/lot number):_ Winston Ridge
Directions to site (include road numbers/names, landmarks, etc.): This site is located
northwest of the intersection of Long Mill Road (SR 1134) and Highway 96
5. Site coordinates: Decimal Degrees: N 36°05.41 "; W78° 50.54"
6. Property size (acres): 1.87 acre
7. Name of nearest receiving body of water: UT to Horse Creek
8. River Basin: Neuse
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Intersection is comprised of residential commercial
and agricultural areas. Downstream (southwest) area is comprised of open pasture
Remaining areas are wooded.
10. Describe the overall project in detail, including the type of equipment to be used: NCDWQ
authorized 96 linear feet of stream impact 0 085 acres of wetlands 4 300 SF of
Zone 1, and 3,050 SF of Zone 2 Neuse River Riparian Buffers on July 14 2006 80
Page 2 of 9
of the allowable 96 linear feet of stream impact were recently used to construct a
road crossing within Winston Ridge Subdivision. The remaining 16 linear feet of
stream impact was allotted for the upstream culvert extension on NC Hwy 96. North
Carolina Department of Transportation (NCDOT) has recently informed us that a
culvert extension is also required on the downstream (southwest) end of highway 96.
This proposed stream impact is approximately 20 linear feet. We are requesting a
modification to the previously authorized 401 Certificate and Buffer Authorization to
impact 20 linear feet of stream for a total of 116 linear feet. We are also requesting
for additional 950 SF of Neuse River Riparian Buffer Impacts in the highway
widening area. The proposed extension of the box culvert on NC 96 for the purpose
of widening NC 96 will conform with NCDOT requirements. Please refer to the
attached NC 96 Site Plan for details. The proposed impact area is on the northwest
side.
11. We are requesting to extend the box culvert on NC 96 for the purpose of widening
NC 96 to allow for a turn lane into Winston Ridge subdivision. This will be achieved
by adding an extension and wing walls to the downstream end. The proposed
highway widening will also encroach into the Neuse River Riparian Buffer areas.
Equipment to be used includes pumps, trackhoes, bulldozers, and other land
grading and bridge equipment.
12. Explain the purpose of the proposed work: The proposed highway widening will
provide safer access to the adjacent property while simultaneously allowing
continued flow of north and south bound traffic.
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.
July 14, 2006; NCDWQ authorized 96 linear feet of stream impact, 0.085 acres of
wetlands, 4,300 SF of Zone 1, and 3,050 SF of Zone 2 Neuse River Riparian Buffers.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
None.
VI. Proposed Impacts to Waters of the United States/Waters of the State
Page 3 of 9
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: The current NC Highway 96
concrete box culvert is 53 linear feet The previously authorized (July 14 2006) 401
Certificate authorized 96 linear feet of stream impact This included 16 linear feet for
widening associated with NC Highway 96 and the subdivision entrance (NCDOT)
has recently informed us that a culvert extension is also required on the downstream
(southwest) end of highway 96 This proposed stream impact is approximately 20
linear feet. We are requesting a modification to the previously authorized 401
Certificate and Buffer Authorization to impact 20 linear feet of stream for a total of
116 linear feet. We are also requesting for additional 950 SF of Neuse River
Riparian Buffer Impacts in the highway widening area The proposed extension of
the box culvert on NC 96 for the purpose of widening NC 96 will conform with
NCDOT requirements.
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 lief imnartc ~l„P to hnrh etrnrtnra and fl~,~,.1;,,~.
- -
Wetland Im act
P -
Type of Wetland a-
Located within
Distance to
Area of
Site Number
Type of Impact
(e.g., forested, marsh, 100-year Nearest Impact
indicate on ma
( P)
herbaceous, bog, etc.) Floodplain Stream (acres)
(yes/no) (linear feet)
Total Wetland Impact (acres) ~
3. List the total acreage (estimated) of all existing wetlands on the property: 0.2 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, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Page 4 of 9
Stream Impact
Number
(indicate on ma)
Stream Name
Type of Impact
Perennial o~
Intermittent. Average
Stream Width
Before [m act Impact
Length
(linear feet) Area of
Impact
(acres)
UT To Horse
Creek Box Culvert &
wingwalls Perennial 4 20 0.002
Total Stream Impact (by length and acreage) 20 0.002
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, dred ing, flooding, drainage, bulkheads, etc.
Open Water Impact
Name of Waterbody Type of Waterbody Area of
Site Number
(if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
(indicate on ma) ocean, etc.) (acres)
Total Open Water Impact (acres) 0
6. List the cumulative impact to all Waters of the U.S. resulting from the proiect:
Stream Impact (acres): 0.002
Wetland Impact (acres): 0
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.002
Total Stream Impact (linear feet): 20
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.
None
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.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
Page 5 of 9
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 proposed extension of
the box culvert on NC 96 for the purpose of widening NC 96 will conform with NCDOT
requirements. In addition to the previously authorized culvert extension on the
northeast upstream (subdivision) side NCDOT has recently informed us that a culvert
extension is also required on the downstream (southwest) end of hiahway 96
Wmawalls were utilized to minimize stream and buffer impacts The existing culvert
currently provides aquatic passage The proposed box culvert extensions will be placed
in-line with the existing submerged box culvert to allow aquatic passage Please refer
to the attached stream crossing profile
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
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.
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,
Page 6 of 9
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.
The proposed project should not be required to provide mitigation for the proposed
impacts. This is due the efforts of the developer's team to avoid jurisdictional areas
to the maximum extent possible. Upon completion of the proposed highway activity,
the total stream impacts for the project will be approximately 116 linear feet.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
(919) 715-0476 to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/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 ofNon-riparian wetland mitigation requested (acres): n/a
Amount of Coastal wetland mitigation requested (acres): n/a
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ^ No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether aNEPA/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.
Page 7 of 9
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ® No ^
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact
(s uare feet) Multiplier Required
Mitigation
1 700 3 (2 for Catawba) 2,100
2 250 1.5 375
Total 950 (0.022 Ac.) 2,475
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. Riparian buffer mitigation is not required.
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls
proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious
surface exceeds 20%, please provide calculations demonstrating total proposed impervious level.
The proposed road widenina proiect involves glacina aaaroximately 10-feet of additional
asphalt on each side to the existing 2-lane road within the stream vicinity. While under
construction, temporary, custom sedimentation basins will be installed outside of the
wetlands streams, and riparian buffer areas to protect them against sedimentation
along with other appropriate sedimentation and erosion control measures in compliance
with the DWQ and Franklin County Sedimentation and Erosion Control requirements.
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.
The wastewater generated from the proposed proiect will travel through a non-
discharge gravity sewer collection system to the Franklin County Cedar Creek WWTP.
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
Page 8 of 9
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: No,
the proposed highway widening will provide safer access to the previously permitted
Winston Ridge Subdivision
March 29, 2007
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 9 of 9
MAR-29-2007 09:51 FROM:DWO-WETLAhJDS 9191336893 T0. 98447438 P:2'2
o~o~ wA~FR°c
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Viichacl F F,asley, ~ioveenor
wiltia~n G. Ross Jr.,.Secratory
Ncny'h Carohna Deportment of ~;nv,rtmmcnt anti Natural Resources
Alan W Khmck, P t;. L)irectnr
1~ivi51M1 0(W 11ef oUaitly
March 29, 2007
CERTiriED M.A)(L: 12ETURN REGETPT REQUESTED
M~•trcus Edwards Development, LLC
Stan: Mr. Matthew Winslow
41G US T-]ighwa;v 1 North, Suite R
Youngsville, NC 27596
DWQ EXP No. OS-21G7v3
Winston Midge/Highway 9G Widening
Franklin County
REQUEST FOR. MORE INFORMAT)<ON-EXPRESS REI~IF_W PROGRAM
Dcaz Mr. W irtslow:
On March 27, 2007, the Division of Water Quality (DWQ) received your revised PCN application
[equesti,ng a modification to your. 401 Water Quality Certification and Riparian Buffer Authozization to
incur additional impacts to st7ea.ms and butters in the Neuse River basin for the above-referenced project,
The nWQ has determined that the application will n:yuire additional information. Please provide the
toll.owing int:ormation so that we snay continue to review your project and prevent denia] of your
application as required by 15A NCAC 2H .0506:
1. Impacts: You have provided conflicting infot~~tion regarding the amount of additional
stream impacts you are requcsUng. The cover letter and page 3 of the PCN application note
an additional 20 teet, while page 5 of the PCN application notes an additional 36 feet.
Please resolve this issue by preparing a new PCN application.
Plcaae respond. within five (S) days of the date of this letter by sending f,vc (5) copies of this information.
T11C T;xp.ress Review Program is a process that requires all parties to participate in a timely manner. This
letlcr only addresses the application. revtcw and does not authorize any impacts to wetlands, waters or
protected buffers.
Please contact Lia. Myott at (9l9) 733-9502 if you have any questions.
Sincerely,
Cyndi Karo)y, Supervisor
401 OversightlExpress Review Permittine Unit
C,13K/r,:dt~~
cc: nWQ Raleigh Rcgiona.l Uffi.ce
USACh Ralei.glt Regulatory Office
File copy
Central Fil.cs
•Tay Kcl)cr, ZCeller Envir~nmcntal. 7921 Haymarket Lane, Raletgh, NC 276t 5
401 aversignt / Expross Review Permitting Unit
1650 M9il §oNlcn Center, Releigh, North Carolina 27699.1650
2321 CreDtr>;e 9oulev;trd, 5ulto 250, Raleigh, North Carolina 27G04
phonon 919.733-17861 FAX 919-733~&B93/lntemeehit rrLl/n~o.errstalc.nau5'rr,wat!ands
N~' ~.hCaro ~'na
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