HomeMy WebLinkAbout20201965 Ver 1_NWP 18 27 and AJD_20201222U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2020-02202 County: Brunswick County U.S.G.S. Quad: Southport
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee:
Address:
Telephone Number:
E-mail Address:
Size (acres)
Nearest Waterway
USGS HUC
Gary Taylor
GLT Properties, LLC
1406 Castle Havne Road
Wilmington NC, 28401
(910)251-9197
gtaylor(a,tmctaylor.com
5.06 acres
Price Creek
03030005
Nearest Town Southport, NC
River Basin Cape Fear
Coordinates Latitude: 33.949088
Longitude:-78.041537
Location description: The address for this project is 5201 Southport -Supply Road in Southport, NC. The proiect is located in a
grassed area just south and downhill of an existing commercial building. There are (2) stormwater ponds located on the
proiect site. The parcel ID is (2210003706 & 2210003708).
Description of projects area and activity: Several years ago the stormwater ponds were mucked out. This material was placed
into 0.25 acres of wetlands close to the stormwater ponds. This proiect will authorize the temporary wetland impacts of 0.24
acres associated with removing this fill material from the wetland. A NWP 18 will also be used to authorize 165 SF +/- (0.004
acres) of fill material to remain below the stormwater pond. The material was originally place there to help shore up the
stormwater pond. The removal of this material could jeopardize the stability of the pond slove/bank.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Nationwide Permit Number: 27 (Habitat Restoration) & 18 (Minor Discharge)
SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND/OR SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted application and attached information dated December 22, 2020. Any violation of the attached
conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class
I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit
authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional
general permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below,
provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit
authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and
conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to
commence in reliance upon the nationwide and/or regional general permit, will remain authorized provided the activity is completed
within twelve months of the date of the nationwide and/or regional general permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC.
SAW-2020-02202
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Gary Beecher at (910) 251-4629 or Gary.H.BeecherAusace.army.mil.
BEECH ER.GARY.H.10529 Digitally signed by
BEECH ER.GARY.H.1052973208
Corps Regulatory Official: 73208 Date: 2020.12.22 07:37:19 -05'00' Date: December 22, 2020
Expiration Date of Verification: NWP expires March 18, 2022
A. Determination of Jurisdiction:
1. ❑ There are waters, including wetlands, on the above described project area that may be subject to Section 404 of the Clean
Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part
331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further
instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an
approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any
work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States.
2. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements
of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC §
1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to
exceed five years from the date of this notification.
3. ® There are waters, including wetlands, within the above described project area that are subiect to the permit
requirements of Section 404 of the Clean Water Act (CWA) (33 USC & 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
4. ❑ A jurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However, you
may request an approved JD, which is an appealable action, by contacting the Corps for further instruction.
5. ® The aquatic resources within the above described project area have been identified under a previous action. A
Violation Tear Sheet for Unauthorized Activity was issued on October 1, 2020 Action ID: SAW-2020-01744.
B. Basis For Jurisdictional Determination: This site exhibits wetland criteria as described in the 1987 Corps Wetland
Delineation Manual and the Atlantic and Gulf Coastal Plain Regional Supplement. There is also a UT to Dutchman Creek
on this proiect site.
C. Remarks: A site visit was conducted by Kevin Thomas (CECINC), Gary Beecher (USACE), Robb Mairs (DWR) and
Holly Snider (DWR) on May 19, 2020. Some or all of this project area may have originally been part of SAW-2001-00633.
D. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
E. Appeals Information for Approved Jurisdiction Determinations (as indicated in A2 and A3 above).
If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed
you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
SAW-2020-02202
Attn: Philip Shannin, Appeal Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by February 20, 2021.
It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.
Corps Regulatory Official:
Gary Beecher
Date of JD: December 22, 2020 Expiration Date of JD: December 22, 2025
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
hqp:Hcop2smMu.usace.anpy.mil/cm gpex/Pp=136:4:0.
Copy furnished via e-mail to:
Consultant:
Kevin Thomas
Civil and Environmental Consultants
3701 Arco Corporate Drive, suite 400
Charlotte, NC 28273
(410) 259-4745
kthomasAcecinc.com
SPECIAL CONDITIONS
401 Water Quality Certification: If a 401 Water Quality Certification from the North Carolina
Division of Water Resources is required, then the permittee shall provide the Corps with a copy of
the required certification or waiver of certification from the state prior to proceeding with the work
in waters of the U.S. The permittee shall comply with all conditions of the state certification.
2. Erosion Control: The permittee shall employ all sedimentation and erosion control measures
necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside
the permit area. This shall include, but is not limited to, the immediate installation of silt fencing
or similar appropriate devices around all areas subject to soil disturbance or the movement of
earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must
remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973
(North Carolina General Statutes Chapter 113A Article 4).
3. Work Limits: All work authorized by this permit shall be performed in strict compliance with the
attached permit plans dated December 22, 2020, which are a part of this permit. The Permittee
shall ensure that the construction design plans for this project do not deviate from the permit plans
attached to this authorization. Any modification to the attached permit plans must be approved by
the U.S. Army Corps of Engineers (Corps) prior to any active construction in waters or wetlands.
Action ID Number: SAW-2020-02202 County: Brunswick County
Permittee: Gary Taylor
GLT Properties
Project Name: 5201 Southport -Supply Road (GLT Properties LLC)
Date Verification Issued: December 22, 2020
Project Manager: Gary Beecher
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Gary Beecher
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date
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REFERENCE
1. NC ONEMAP IMAGERY DATED 2016
2. CONTOURS DERIVED FROM SOUTH CAROLINA
DEPARTMENT OF NATURAL RESOURCES
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LEGEND
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POND 2 OUTLET
STRUCTURE
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POND 2 OUTLET
REFERENCE
1. A STREAM AND WETLAND DELINEATION WAS
PERFORMED BY CEC ON APRIL 13 & 14, 2020.
2. EXISTING POND FEATURES AND SURROUNDING
STORMWATER CONVEYANCE WAS SURVEYED BY
CEC ON APRIL 14 & 15, 2020.
3. BOUNDARY SURVEY WAS PERFORMED BY McHENRY
SURVEYING; SURVEYED ON 12-05/4-06/5-06.
4. LIMITS OF RECENTLY PLACED FILL BASED ON
OBSERVATIONS OF LAND DISTURBANCE, FILL
DEPTH DETERMINED BY HAND AUGER.
5. DESIGN POND INFORMATION FROM DESIGN PLANS
FOR SECURITY SAVINGS BANK DUTCHMAN CREEK
BRANCH PREPARED BY EAST COAST ENGINEERING
COMPANY, P.A., PLANS DATED MAY 11, 2005,
DRAWINGS C3 AND C4.
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FILL ZONE LIMIT
FILL DEPTH (IN INCHES)
POND WATER LEVEL
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CREEK CENTERLINE
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2_0' SPACING_ (TYP .) --
FLOW SEDIMENT TUBE SPACING
LEGEND
Stakes
Placed
at 2'
Minimum
/yam/ Spacing
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PLAN SYMBOL
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EX. 24 " HDPE
POND 1 INLET
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NORTH
2.0" MIN.
SEDIMENT TUBES - GENERAL NOTES
SLOPE
MAX. SEDIMENT TUBE SPACING
LESS THAN 2%
150-FEET
2%
100-FEET
3%
75-FEET
4%
50-FEET
5%
40-FEET
6%
30-FEET
GREATER THAN 6%
25-FEET
-10-
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SEDIMENT TUBES - INSPECTION & MAINTENANCE / / /// / / / ,--'i---- �\
1. THE KEY TO FUNCTIONAL SEDIMENT TUBES IS WEEKLY INSPECTIONS, ROUTINE MAINTENANCE, AND
10
1. SEDIMENT TUBES MAY BE INSTALLED ALONG CONTOURS, IN DRAINAGE CONVEYANCE CHANNELS, AND AROUND
REGULAR SEDIMENT REMOVAL. INLETS TO HELP PREVENT OFF -SITE DISCHARGE OF SEDIMENT -LADEN STORMWATER RUNOFF. x8.35
2. ��_--
SEDIMENT TUBES ARE ELONGATED TUBES OF COMPACTED GEOTEXTILES, CURLED EXCELSIOR WOOD, NATURAL
2. REGULAR INSPECTIONS OF SEDIMENT TUBES SHALL BE CONDUCTED ONCE EVERY CALENDAR WEEK
AND, AS RECOMMENDED, WITHIN 24-HOURS AFTER EACH RAINFALL EVEN THAT PRODUCES 1/2-INCH
COCONUT FIBER, OR HARDWOOD MULCH. STRAW, PINE NEEDLE, AND LEAF MULCH -FILLED SEDIMENT TUBES ARE
OR MORE OF PRECIPITATION. / NOT PERMITTED.
3. THE OUTER NETTING OF THE SEDIMENT TUBE SHOULD CONSIST OF SEAMLESS, HIGH -DENSITY POLYETHYLENE
3. ATTENTION TO SEDIMENT ACCUMULATIONS IN FRONT OF THE SEDIMENT TUBE IS EXTREMELY PHOTODEGRADABLE MATERIALS TREATED WITH ULTRAVIOLET STABILIZERS OR A SEAMLESS, HIGH -DENSITY
IMPORTANT. ACCUMULATED SEDIMENT SHOULD BE CONTINUALLY MONITORED AND REMOVED WHEN
NECESSARY. POLYETHYLENE NON -DEGRADABLE MATERIAL.
4. REMOVE ACCUMULATED SEDIMENT WHEN IT REACHES 1 /3 THE HEIGHT OF THE SEDIMENT TUBE. 4. SEDIMENT TUBES, WHEN USED AS CHECKS WITHIN CHANNELS, SHOULD RANGE BETWEEN 18-INCHES AND
24-INCHES DEPENDING ON CHANNEL DIMENSIONS. DIAMETERS OUTSIDE THIS RANGE MAY BE ALLOWED WHERE
5. REMOVED SEDIMENT SHALL BE PLACED IN STOCKPILE STORAGE AREAS OR SPREAD THINLY ACROSS NECESSARY WHEN APPROVED.
DISTURBED AREA. STABILIZE THE REMOVED SEDIMENT AFTER IT IS RELOCATED.
5. CURLED EXCELSIOR WOOD, OR NATURAL COCONUT PRODUCTS THAT ARE ROLLED UP TO CREATE A SEDIMENT
6. LARGE DEBRIS, TRASH, AND LEAVES SHOULD BE REMOVED FROM IN FRONT OF TUBES WHEN FOUND. TUBE ARE NOT ALLOWED.
8. I Ht_ t_NUS OF ADJAULN I SLIJIMLN I I UI:3LS SHOULD tit UVLHLAHF't.D 6-INCHES 10 HHLVLN I FLOW AND
SEDIMENT FROM PASSING THROUGH THE FIELD JOINT.II
( _ I
9. SEDIMENT TUBES SHOULD NOT BE STACKED ON TOP OF ONE ANOTHER, UNLESS RECOMMENDED BY
MANUFACTURER.
SEDIMENT TUBES --- ^ 10. EACH SEDIMENT TUBE SHOULD BE INSTALLED IN A TRENCH WITH A DEPTH EQUAL TO 1 5 THE DIAMETER OF
N.T.S. THE SEDIMENT TUBE. /
11. SEDIMENT TUBES SHOULD CONTINUE UP THE SIDE SLOPES A MINIMUM OF 1-FOOT ABOVE THE DESIGN FLOW
DEPTH OF THE CHANNEL.
ti 12. INSTALL STAKES AT A DIAGONAL FACING INCOMING RUNOFF.
8057
" EX. POND i644
EX. 24 HOPE
POND 2 INLET
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L I II I II d1 / / \�`\ ���\\\ \ �\ \� \ �� �� \\ \ CONSTRUCTION SEQUENCE CONSTRUCTION NOTES J I \ 1 ��%J
\\N� \ \ \ / ///�\\\ \\\���� 0� 1. INSTALL (18" MIN.) WATTLE BARRIERS AT LOCATION SHOWN 1. ALL FILL REMOVAL OPERATIONS TO BE OBSERVED BY CEC.
\� ��_ �� \\ \\\ ON THIS PLAN AND IN ACCORDANCE TO DETAIL PROVIDED.
2. IMPLEMENT WETLAND STABILIZATION MATTING AND SEEDING
2. REMOVE FILL TO DEPTHS SHOWN ON THIS PLAN. CARE PER RESTORATION PLAN.
/J
MUST BE TAKEN DURING EXCAVATION. EXCAVATING TO I I I / / / I \v
REMAIN WITHIN THE LIMITS INDICATED. I
3. SPOILS TO BE REMOVED OFF SITE AND DEPOSITED AT A I II I ` \ \ ( �r 1
\\� \ PERMITTED FACILITY. \\ \\j/)//�4. PROVIDE PERMANENT STABILIZATION ON ALL DISTURBED \\\1\��)
♦ \\�\\ �(✓ \✓//i�/i' -��� - �i' 9 \ \ \ \ o� AREAS.
10 CY FILL REMAINING \ \ \\\ �/ ✓/// /
162.2 SF 0 00372 AC
\ \ \ \ \ X70
�
0 9 07143
/
11.57 2��' 1 1-0 405 6
`F ____----- s4 �9 ZONE 3 / \\
-4 4 FILL AREA / \�
12.831
ti \ DELINEATED WETLAND LIMIT
\\l� I / /---�/l/ /Y 1 -25 ZONE 1 -1 /' 110' \ _- 11 70 9�1 -� 1 10 '� 73 -1
CREEK CENTERLINE \ 1�� / _ - /� / 1x --- 1y" 11600 " e e' 8 \ 7081
BY OTHERS \\ \� / / - J /// ° / _ -FILL AREA / 1 \
N ( ) ♦ \� ���� \ // -12- - --1 / 1 j /' 9;46_,- '11 �j ssM 2-20 / 1 ----s- 3 1 \ �>o.; /)
I �� E // // 1 ___ \ wi / /i wr1 E o 419 I
N C
a
0
N 224539"
207.95'
WETLAND LIMIT
(BY OTHERS)
EX. POND 2 OUTLET
STRUCTURE
EX. 24" HOPE -
POND 2 OUTLET
.a
o,
REFERENCE
1. A STREAM AND WETLAND DELINEATION WAS
PERFORMED BY CEC ON APRIL 13 & 14, 2020.
2.
EXISTING POND FEATURES AND SURROUNDING
3
STORMWATER CONVEYANCE WAS SURVEYED BY
i
CEC ON APRIL 14 & 15, 2020.
0
�
3.
BOUNDARY SURVEY WAS PERFORMED BY McHENRY
3
SURVEYING; SURVEYED ON 12-05/4-06/5-06.
0
a
4.
LIMITS OF RECENTLY PLACED FILL BASED ON
�
OBSERVATIONS OF LAND DISTURBANCE, FILL
DEPTH DETERMINED BY HAND AUGER.
o '4
i
5.
DESIGN POND INFORMATION FROM DESIGN PLANS
FOR SECURITY SAVINGS BANK DUTCHMAN CREEK
BRANCH PREPARED BY EAST COAST ENGINEERING
N
COMPANY, P.A., PLANS DATED MAY 11, 2005,
-
DRAWINGS C3 AND C4.
a
oo°`/ 7066 rr.96 409
7n56 -----� \ � EX POND 1 I
9.66 7 y \� WTI 2-0 � 14" WTI 2-1 E 10-' � 7.06 �
-10--__9.03 �1,().
14s _ 114. /' ZONE
2 STRUCTURE
WTf 1-15 2 9 7065
10.92 � 9"�1o.s1 10" M ,(-10 - 7oso _-- F/LL AREA �
\\ _ -��-SSM 1-19 E� --�-9.80---9�$ 7.56 701)
8.12 SSM 1-0 0• I \ 1 \\ �' O- j 7os4 i � _83�EX. 24" HOPE
9.3715" 7o1A 10 POND 1 OUTLET sa7'4SSM 1-15 7.51�s!�4.f20 7o1-11e
7.36 s12 702Z7a1�' M-4 10 412�\ ti�-7�"SSM 2-49.26�
II 0 'W4_B(1-22 401 -10• \ . 1%34 1-8 07.65 � k 6• X I I
1
E.oE 7.29774 ssM 2-ate 0 1•
�� Q� 7.41 i3"`� - " 70�1 0
��. 1 • � � \ 10 s.4E
7.85 SSM 1 3 \\ 8.65 ¢M 1 4P � �080
7075
x'8-�\4 " s2i FILL ZONE LIMIT �wr110 413�wBi o 418
718 3 7.10 1�SS'M' 1-11 " 7O (SEE REFERENCE \\ I I
•� sM1-1
i i ki- g 1 NOTE 4)
7041-,8�8.04 � FILL DEPTH SAMPLE LOCATION J I
I � FILL DEPTH /N INCHES (TYP.) WETLAND LIMIT
7.67 SS:
S1-4 1;9' (SEE REFERENCE NOTE 4) \ (BY OTHERS)
4.7E \ \ I
6.80 WTI O 414
6.72 I
41` PROPOSED 18"0 WATTLE (MIN.) / I
m� (SEE SEDIMENT TUBE DETAIL
THIS SHEET) 7°7s I
PROPERTY LINE / /io77 - -65.86 j4.3s
CREEK CENTERLINE 43P- wr1 ° 417 t
(BY OTHERS) WTI ° 415 \ \ I
7073
21.34�_ - 38.22'
N 65'08'24" W N 6239'04" W - - - 97.84'
N 65'08 24 W - - N 62'39 04 " W
N 58'S2'1- _
S 70'33'03" W
EXISTING PROPERTY LINE
EXISTING INDEX (MAJOR) CONTOUR
EXISTING INTERMEDIATE (MINOR) CONTOUR
DELINEATED WETLAND LIMIT
MATERIAL EXCAVATION LIMIT
DEPTH OF FILL TO BE REMOVED (IN INCHES)
POND WATER LEVEL
POND OUTLET STRUCTURE
STORM DRAIN PIPE
CREEK CENTERLINE
PROPOSED INDEX (MAJOR) CONTOUR
PROPOSED INTERMEDIATE (MINOR) CONTOUR
PROPOSED SPOT ELEVATION
PROPOSED WATTLE
REFERENCE: VICINITY MAP
AERIAL PHOTO FROM GOGGLE EARTH
PRO, IMAGE DATED JUNE 14, 2019. SCALE: 1 " = 200'
SCALE IN FEET
0 20 40
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NORTH CAROLINA
BOARD OF EXAMINERS
FOR ENGINEERS AND
SURVEYORS LICENSE
NO. C-3035
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RAWING NO.:
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