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HomeMy WebLinkAbout20040459 Ver 1_Complete File_20040324ivuunaei r. casiey, uovernor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality DWQ Project No.: 019?0.9 ?9 County: ?Ja?1cs'o, Applicant: Project Name: S iz:? a???r?? ,Ltd Date of Issuance of 401 Water Quality Certification: 1- _ T - Certificate of Completion 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 this certificate to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, RIA,& _1iz /a , hereby state that, to the best of my abilities, due care and diligence was used in the observa ion of the construction such that the construction was observed to be built within substantial compli e and intent of the 401 Water Quality Certification and Buffer Rules, the app oved plans and sp ci cations and other supporting materials. Signature: ate: 95- 93-64 Agent's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: If this project was designed by a Certified Professional I, , as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permitee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Registration No. Date: 11111ANDSi4pI r'?+?t ifa AUG 3 0 2004 `,rte Lr' L`'',•',Ll . , u?lJ i . ?/? ,,?*C?-° Vg q??2 41no ? North Carolina 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), hftp://h2o.enr.state.nc.us/ncwetlands/ F W A jF Michael F. Easley, Governor `O?? qQG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources t? Alan W. Klimek, P.E. Director > Coleen H. Sullins, Deputy Director Division of Water Quality April 7, 2004 Jackson County DWQ Project No. 040459 NCSR 1131 (Trout Creek Road) APPROVAL of 401 Water Quality Certification with Additional Conditions Mr. R. G. Watson, P.E. Division Engineer N C Department of Transportation 253 Webster Road Sylva, North Carolina 28779 WETLANDS/ 401 GROUP APR 1 6 2004 Dear Mr. Watson: WATER QUALITY SECTION You have our approval, in accordance with the attached conditions and those listed below, to repair approximately 35 linear feet of roadway shoulder adjacent to Trout Creek (35 linear feet) in order to make emergency repairs to a shoulder slope failure on NCSR 1131, Trout Creek Road in Jackson County. The NC Division of Water Quality understands that this project was constructed in accordance with the after-the-fact application dated March 16, 2004 (received March 24, 2004). After reviewing your application, we have decided that this fill is covered by General Water Quality Certification No. 3399, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Number 13. In addition, you must acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying 404 Permit unless otherwise specified in the Water Quality Certification. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must notify the DWQ in writing and submit 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 the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). 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 NCDOT shall complete and return the enclosed "Certificate of Completion" form to notify NCDWQ when all 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 NC Division of Water Quality upon completion of the project. NCDOT is strongly advised to send in photographs upstream and downstream of each structure to document correct installation. 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, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a.hearing. 2090 U. S. Highway 70, Swannanoa, N.C. 28778 Telephone: 828/296-4500 Fax: 828/299-7043 Customer Service: 1-877/623-6748 Mr. R. G. Watson, P.E. Apri17, 2004 Page Two 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 Mr. Mike Parker of the Asheville Regional Office at 828.251.6208. Sincerely, -Z. P"L? -Alan W. Klimek, P.E. Attachment cc: Wilmington District Corps of Engineers Mark Davis, Division 14, DEO Ed Ingle, Roadside Environmental Steve Lund, USACE Asheville Field Office Wetlands/401 Unit Mike Parker, NCDWQ Asheville Regional Office r ..Swr, STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY GOVERNOR March 16, 2004 Mr. Steve Lund, NCDOT Regulatory Project Manager U.S. Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, NC 28801-2714 Subject: Nationwide 13 Permit Application SR 1131 -Trout Creek Road LYNDO TIPPETT SECRETARY 459 p4A -R 4 004 Jackson County State Project No. 14.205011 (DWQ Minor Permit Fee $200) Dear Mr. Lund: The North Carolina Department of Transportation (NCDOT) recently repaired a fill slope failure in the banks of Trout Creek on SR 1131 in Jackson County. I am sending the a typical section of the road, cross sections, and drawing for the bank stabilization as well as a marked county map and USGS quad map. No threatened or endangered species are known to be present in or near the project area; therefore, no significant impacts are anticipated from project construction. The best management practices were used to minimize and control sedimentation and erosion on this project. Impacts to Waters of the United States In order to stabilize the bank, it was necessary to impact waters of the United States in the Little Tennessee River Basin. Specifically, along Trout Creek WS III, Tr.. Listed below is a summary of the proposed impacts. Site No. Existing Proposed Net Impacts Station Condition Condition Site 1 3' shoulder 3' shoulder 0 n/a fn,y , Permits Requested 0 smear feet total NCDOT is hereby requesting authorization under Section 404 of the Clean Water Act. By copy of this letter, I am asking Mr. David McHenry, Mountain Region Coordinator, of the North Carolina Wildlife Resources Commission (NCWRC) to comment directly to you concerning the 404 Nationwide Permit request. Also, by copy of this letter, I am requestiiig,authorization under Section 401 of the Clean Water Act from the North Carolina Department of Environment and Natural Resources (DENR), Division of Water Quality (DWQ). In addition, I am asking Mr. Ed Ingle, (NCDOT) to comment directly to me concerning this permit request. If you have any questions or need additional information, please contact me at (828) 488-2131. Your early review and consideration will be greatly appreciated. Sincerely, /WHR WCt naa -W- occt-c-f) P, -E Wanda H. Roach, PE Assistant District Engineer cc: Mr. John Dorney, DWQ, DENR, Raleigh (seven copies) Mr. Mike Parker, DWQ, DENR, Asheville Mr. David McHenry, Mountain Region Coordinator, NCWRC Mr. R.G. Watson, P.E., Division Engineer, NCDOT Mr. Mark Davis, Division Environmental Officer, NCDOT Mr. E. L. Ingle, Roadside Environmental Field Operations Engineer, NCDOT Office Use Only' A Form Version October 2001 059 USACE Action ID No. DWQ N . `? 4 If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than leaving the space blank. L Processing Check all of the approval(s) requested for this project: ® Section 404 Permit ?. Section 10 Permit ®,401 Water Quality Certification ? Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: NW 13 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 (see section VIII - Mitigation), check here: ? II. Applicant Information 1. Owner/Applicant Information Name: North Carolina Department of Transportation Mailing Address: P.O. Drawer 250 Bryson City NC 28713 Attn • District Engineer Telephone Number: (828) 488-2131 Fax Number: (828) 488-3518 E-mail Address: (2dot state nc us 2. Agent 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: N/A Company Affiliation: N/A Mailing Address: N/A Telephone Number: N/A Fax Number: N/A E-mail Address: N/A Page I 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: Bank Stabilization SR 1131 Trout Creek in Jackson County 2. T.I.P. Project Number or State Project Number (NCDOT Only): 14.205011 3. Property Identification Number (Tax PIN): 4. Location County: Jackson Nearest Town: Sylva Subdivision name (include phase/lot number): n/a Directions to site (include road numbers, landmarks, etc.): From Sylva take NC 107 towards Cashiers Go approximately 14 miles and turn left onto SR 1131. The project is 0.5 mile from NC 107 on the right 5. Site coordinates, if available (UTM or Lat/Long):N 35D 13' 10" W83D 8' 00" (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. Describe the existing land use or condition of the site at the time of this application: Residential and Commercial 7. Property size (acres): 0.023 acres 8. Nearest body of water (stream/river/sound/ocean/lake): Trout Creek WS III, Tr. 9. River Basin: Little Tennessee (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/.) Page 2 of 8 10. Describe the purpose of the proposed work: Roadway shoulder repair due to fill slope failure. 11. List the type of equipment to be used to construct the project: Track Hoes Back Hoes Dump Trucks, Bulldozers, Manual Labor, etc. 12. Describe the land use in the vicinity of this project: Residential woodlands 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. No additional permits have been applied for in the past. 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 additional permits are anticipated 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 3 of 8 1. Wetland Impacts Wetland Impact Site Number (indicate on ma) Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** (es/no) Distance to Nearest Stream (linear feet) Type of Wetland*** * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, gracing, tits, 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 http://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.) List the total acreage (estimated) of existing wetlands on the property Total area of wetland impact proposed: 0 2. Stream Impacts, including all intermittent and perennial streams 0 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 seci ) I@ Station Bank Stabilization 0 Trout Creek N/A Perennial * 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 www.uses.eov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.mapciucst.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. Page 4 of 8 Open Water Impact Site Number (indicate on ma) Type of Impact* Area of Impact (acres) Name 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 umaea to: nu, excavation, ureugwg, flooding, drainage, bulkheads, etc. 4. 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: 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. The fill slope failed compromising the roadway. The bank was stabilized to provide safe access to property owners beyond the fill slope failure. 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 Page 5 of 8 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) with the NCWRP's written agreement. Check the box indicating that you would like to pay into the NCWRP. Please note that payment into the NCWRP must be reviewed and approved before it can be used to satisfy mitigation requirements. Applicants will be notified early in the review process by the 401/Wetlands Unit if payment into the NCWRP is available as an option. 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 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 (DWQ Only) Does the project involve an expenditure of public funds or the use of public (federal/state/local) land? Yes ® No ? Page 6 of 8 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 (DWQ Only) 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 (square feet) Multiplier Required Mitigation 1 3 2 1.5 Total * Zone 1 extends out 3U teet perpenaicuiar rrom near uaun v, uHall- ??•?•• 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. Page 7 of 8 XI. Stormwater (DWQ Only) 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. Stormwater will be diverted through settling basins or grass lined buffers prior to enterin streams. XII. Sewage Disposal (DWQ Only) 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. No wastewater will be generated from the proposed project. XIII. Violations (DWQ Only) 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 0 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). Applicant/Agent's Signature Date (Agent's signature is-valid only if an authorization letter from the applicant is provided.) Page 8 of 8 ;rPC 4 o.v Coo . s 2. -/ 13 / N kJ a O I /? ?20U7L C.e?E? ,SKEW I I i •?j ??? ,ee,qp;e woe /0 vole- I ' /.. dev s { ?? P. 6x11T ED a E'F!?t b I ? -AL)A? I I I I 1 11 I I I I I; 1 I I- i-^J_ 1_: _ I I_ I ' -•-?'-tit 1 1 1 1 1 1 _ I i I ; 1 1? I I I! 11! 1 1 1 1 I ^I I I I -• 1._L! ?_+- ? _._L?__:_'_:- _ _ __J__?-_ _:?------- -- _.L - ' 1? 1 -1r r-- --- ' I I I 1 1 1 1 1 I ?? -? }; j - I 1 - ' i ? I I I I I ? f i I l i l 1 I 1! I I I I I i??"ifN? ;?^? I ? I I r - -- -1--- ' ' -- _L. te __-__.-1-- =- L _? - - - -'t-? - ---• i I t I ? I 1 . 1 i I __ ;- I-?--- _ _?" I I I I I i ? L?? . I, I I, 1 1 1 , I I I I, 1 11 1 I I I I 1 1 1 , I 1 I 1 ? -LLI ?- I? I ?-I I L?? ' ? I` I I I t I: I _, ? 1 I I_I I r I I 1 1 1 I I ? I I? ' 7-T-r _ I I_r-i L ?_ ' I ? - _ _- ? : 1 1 1, 1 , I I 1? I I I I I I I I 1 I ? ' t l i l 1? I? 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