20120381 Ver 1_401 Application_20120412

April 16 2012 GOURIFiy
-/
TO Ms Emily Hughes
U S Army Corps of Engineers
69 Darlington Avenue
Wilmington NC 28402
RE NWP 18 Application SE 17th Street Lots 14 and 16 Oak Island NC
Additional Information
Action ID No SAW 2010 01488
Dear Emily
Thank you for your letter dated March 22 2012 in which you request additional
information regarding the NWP application submitted for SE 17th Street Lots 14 and 16 Oak
Island NC Below is a response to your comments
Each lot is actually independent of one another and has independent utility therefore each lot is
subject to the Nationwide Permit 18 with a 010 acre impact threshold
Two separate NWP applications have been prepared for these lots and are enclosed Lot #14
requests 0 044 acre (1930 sf) of wetland fill and Lot #16 requests 0 054 acre (2345 sf) of wetland
fill
We request that you please revise your mitigation plan Your proposal to purchase non riparian
credits from the Stone Farm Mitigation Bank (SFMB) is unsuitable as compensatory mitigation
for the proposed impacts because the wetland project is located outside of the SFMB service
area More importantly we do not believe that the wetland type and function at the project area
is comparable to that of SFMB Furthermore your I 1 ratio is insufficient to address the overall
loss associated with the project
The applicant proposes to buy into the NC Ecosystem Enhancement Program in order to restore
riparian wetlands at a 2 1 mitigation ratio Attached is their acceptance letter
www Imgroup net info @Imgroup net Phone [phone] Fax [phone]
3805 Wrightsville Ave Suite 15 Wilmington NC 28403 P 0 Box 2522 Wilmington NC 28402

Please let me know if you need any additional information regarding this project Thank you for
your assistance
Sincerely - 4 l
m Williams
Wetland Scientist
Encl
C Ms Martha Hopkins
Mr Chad Coburn NC DWQ
Mr Ian McMillan NC DWQ
www Imgroup net info @Imgroup net Phone [phone] Fax [phone]
3805 Wrightsville Ave Suite 15 Wilmington NC 28403 P 0 Box 2522 Wilmington NC 28402

ors � �f� ' •
2 1. y,�..
201 2038 1
Office Use Only
Corps action ID no
DWQ project no
Form Version 1 3 Dec 10 2008
Page 1 of 10
PCN Form — Version 1 3 December 10 2008 Version
Pre - Construction Notification (PCN) Form
A
Applicant Information
1
Processing
la
Type(s) of approval sought from the
Corps
® Section 404 Permit ❑ Section 10 Permit
lb Specify Nationwide Permit (NWP) number 18 or General Permit (GP) number
1 c
Has the NWP or GP number been verified by the Corps?
❑Yes
® No
1d
Type(s) of approval sought from the DWQ (check all that apply)
❑ 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ 401
Certification
® Yes ❑ No
For the record only for Corps Permit
❑ Yes ® No
1f
Is payment into a mitigation bank or in lieu fee program proposed for mitigation
of impacts? If so attach the acceptance letter from mitigation bank or in lieu
fee program
® Yes
❑ No
1g
Is the project located in any of NC s twenty coastal counties If yes answer 1 h
below
® Yes
❑ No
1h
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2
Project Information
2a
Name of project
SE 17`h Street Lot 14
2b
County
Brunswick County
2c
Nearest municipality / town
Oak Island
2d
Subdivision name
N/A
2e
NCDOT only T I P or state
project no
N/A
3
Owner Information
3a
Name(s) on Recorded Deed
Martha W Hopkins
3b
Deed Book and Page No
Book 3217 Page 0996
3c
Responsible Party (for LLC if
applicable)
APR
1 % ���2
9
3d
Street address
821 Oak Ridge Drive DENR
Eden NC 27288
%VA R OUAU�,
3e City state zip
3f
Telephone no
3g
Fax no
3h
Email address
Page 1 of 10
PCN Form — Version 1 3 December 10 2008 Version

4
Applicant Information (if different from owner)
4a
Applicant is
❑ Agent ❑ Other specify
4b
Name
4c
Business name
(if applicable)
4d
Street address
4e
City state zip
4f
Telephone no
4g
Fax no
4h
Email address
5
Agent/Consultant Information (if applicable)
5a
Name
Kim Williams
5b
Business name
(if applicable)
Land Management Group Inc
5c
Street address
3805 Wrightsville Avenue Suite 15
5d
City state zip
Wilmington NC 28403
5e
Telephone no
[phone]
5f
Fax no
(910) 452 -0060
5g
Email address
kwilliams @lmgroup net
Page 2 of 10

B Project Information and Prior Project History
1 Property Identification
la Property identification no (tax PIN or parcel ID)
23511_003
Latitude 33 918252 Longitude 78 144549
1 b Site coordinates (in decimal degrees)
(DD DDDDDD) ( DD DDDDDD)
1c Property size
0 17 ac
2 Surface Waters
2a Name of nearest body of water (stream river etc ) to
Montgomery Slough
proposed project
2b Water Quality Classification of nearest receiving water
SA HQW
2c River basin
Lumber
3 Project Description
3a Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application
The site is currently undeveloped Adjacent land use is residential or undeveloped
3b List the total estimated acreage of all existing wetlands on the property
0 10 acre
3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property
N/A
3d Explain the purpose of the proposed project
The purpose of the proposed project is to provide adequate uplands on which to construct a house
3e Describe the overall project in detail including the type of equipment to be used
The area of construction will be marked and this area will be cleared of vegetation Fill will be added to the lot Pilings will
be installed and the driveway will be constructed The home will then be built
4 Jurisdictional Determinations
4a Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
® Yes ❑ No ❑ Unknown
project (including all prior phases) in the past?
Comments SAW 2010 01488
4b If the Corps made the jurisdictional determination what type
❑ Preliminary ® Final
of determination was made?
4c If yes who delineated the jurisdictional areas?
Agency /Consultant Company
Name (if known)
Other
4d If yes list the dates of the Corps jurisdictional determinations or State determinations and attach documentation
The jurisdictional determination was signed by Emily Hughes of the USACE on 2/22/2011
5 Project History
5a Have permits or certifications been requested or obtained for
❑ Yes ® No ❑ Unknown
this project (including all prior phases) in the past?
5b If yes explain in detail according to help file instructions
NIA
6 Future Project Plans
6a Is this a phased project?
❑Yes ®No
6b If yes explain
NIA
Page 3 of 10
PCN Form —Version 1 3 December 10 2008 Version

C Proposed Impacts Inventory
1 Impacts Summary
la Which sections were completed below for your project (check all that apply)
® Wetlands ❑ Streams tributaries ❑ Buffers
❑ Open Waters ❑ Pond Construction
2 Wetland Impacts
If there are wetland impacts proposed on the site then complete this question for each wetland area impacted
2a
2b
2c
2d
2e
Type of jurisdiction
2f
Wetland impact
number—
Type of impact
Type of wetland
Forested
(Corps 404 10
Area of impact
Permanent (P) or
(if known)
DWQ — non -404 other)
(acres)
Temporary T
® Yes
® Corps
0 044
W1 ®P ❑ T
Fill for a house
❑ No
® DWQ
El Yes Yes
❑
W2 ❑ P ❑ T
❑ No
❑ DWQ
❑ Yes
El Corps
W3 ❑ P F1 T
❑ No
❑ DWQ
❑ Yes
El Corps
W4 E] P ❑ T
❑ No
❑ DWQ
El Yes
El Corps
W5 ❑ P F-1 T
❑ No
❑ DWQ
El Yes
❑ Corps
W6 ❑ P ❑ T
❑ No
❑ DWQ
2g Total wetland impacts
0 044
2h Comments
3 Stream Impacts NIA
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site then complete this
question for all stream sites impacted
3a 3b 3c 3d 3e 3f 3g
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
length
number (PER) or (Corps 404 10 stream
Permanent (P) or intermittent DWQ — non -404 width (linear
Temporary (T) (INT)? other) (feet) feet)
E] PER
El Corps
S1 ❑ P ❑ T
❑ INT
❑ DWQ
E:] PER
El Corps
S2 E] P ❑ T
❑ INT
❑ DWQ
E] PER
El Corps
S3 ❑ P ❑ T
❑ INT
❑ DWQ
[I PER
El Corps
S4 ❑ P ❑ T
❑ INT
❑ DWQ
❑ PER
[:1 Corps
S5 ❑ P f-1 T
❑ INT
❑ DWQ
❑ PER
El Corps
S6 ❑ P ❑ T
❑ INT
❑ DWQ
3h Total stream and tributary impacts
31 Comments
Page 4 of 10
PCN Form — Version 1 3 December 10 2008 Version

4 Open Water Impacts N/A
If there are proposed impacts to lakes ponds estuaries tributaries sounds the Atlantic Ocean or any other open water of
the U S then individually list all open water impacts below
4a 4b 4c 4d 4e
Open water Name of waterbody
impact number — (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Temporary T
01 ❑P ❑T
02 [-]PDT
03 [:]PMT
04 ❑P ❑T
4f Total open water impacts
4g Comments
5 Pond or Lake Construction NIA
If pond or lake construction proposed the complete the chart below
5a
5b
5c
5d
5e
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
Pond ID
Proposed use or purpose
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
number
of pond
P1
P2
5f Total
5g Comments
5h Is a dam high hazard permit required
❑ Yes ❑ No If yes permit ID no
51 Expected pond surface area (acres)
5j Size of pond watershed (acres)
5k Method of construction
6 Buffer Impacts (for DWQ) N/A
If project will impact a protected riparian buffer then complete the chart below If yes then individually list all buffer impacts
below If any impacts require mitigation then you MUST fill out Section D of this form
6a
❑ Neuse ❑ Tar Pamlico ❑ Other
Project is in which protected basin'
❑ Catawba ❑ Randleman
6b
6c
6d
6e
6f
6g
Buffer impact
number —
Reason
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
for
Stream name
mitigation
(square feet)
(square feet)
Temporary T
impact
required?
❑Yes
B1 ❑P ❑T
❑ No
El Yes
B2 ❑P ❑T
❑ No
El Yes
B3 ❑ PEI T
❑ No
6h Total buffer impacts
61 Comments
Page 5of10

D Impact Justification and Mitigation
1
Avoidance and Minimization
1 a
Specifically describe measures taken to avoid or minimize the proposed impacts in designing project
Because of the amount and location of wetlands within the lot wetland impacts are unavoidable Impacts have been
minimized as much as possible by positioning the home in an area where upland use is maximized and by reducing side
slopes
1 b
Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques
Silt fencing will be installed to prevent erosion into wetland areas
2
Compensatory Mitigation for Impacts to Waters of the U S or Waters of the State
2a
Does the project require Compensatory Mitigation for
impacts to Waters of the U S or Waters of the State?
® Yes ❑ No
2b
If yes mitigation is required by (check all that apply)
❑ DWQ ® Corps
2c
If yes which mitigation option will be used for this
project?
❑ Mitigation bank
® Payment to in lieu fee program
❑ Permittee Responsible Mitigation
3
Complete if Using a Mitigation Bank N/A
3a
Name of Mitigation Bank
3b Credits Purchased (attach receipt and letter)
Type
Quantity
3c Comments
4
Complete if Making a Payment to In lieu Fee Program
4a Approval letter from in lieu fee program is attached
® Yes
4b
Stream mitigation requested
N/A
4c
If using stream mitigation stream temperature
❑ warm ❑ cool ❑cold
4d
Buffer mitigation requested (DWQ only)
N/A square feet
4e
Riparian wetland mitigation requested
0 10 acres
4f
Non riparian wetland mitigation requested
N/A acres
4g
Coastal (tidal) wetland mitigation requested
N/A acres
4h
Comments
5
Complete if Using a Permittee Responsible Mitigation Plan N/A
5a
If using a permittee responsible mitigation plan provide a description of the proposed mitigation plan
Page 6 of 10
PCN Form — Version 1 3 December 10 2008 Version

6 Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a Will the project result in an impact within a protected riparian buffer that requires
❑ Yes ® No
buffer mitigation?
6b If yes then identify the square feet of impact to each zone of the riparian buffer that requires mitigation Calculate the
amount of mitigation required NIA
6c
6d
6e
Zone
Reason for impact
Total impact
Multiplier
Required mitigation
(square feet)
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1 5
6f Total buffer mitigation required
6g If buffer mitigation is required discuss what type of mitigation is proposed (e g payment to private mitigation bank
permittee responsible riparian buffer restoration payment into an approved in lieu fee fund)
NIA
6h Comments NIA
Page 7 of 10

E Stormwater Management and Diffuse Flow Plan (required by DWQ)
1 Diffuse Flow Plan
1a Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ® No
within one of the NC Riparian Buffer Protection Rules?
lb If yes then is a diffuse flow plan included? If no explain why
❑ Yes ❑ No
Comments NIA
2 Stormwater Management Plan
2a What is the overall percent imperviousness of this project?
—30%
2b Does this project require a Stormwater Management Plan?
® Yes ❑ No
2c If this project DOES NOT require a Stormwater Management Plan explain why The project will meet stormwater
requirements of the Town of Oak Island
2d If this project DOES require a Stormwater Management Plan then provide a brief narrative description of the plan
The project engineer will prepare a stormwater plan
® Certified Local Government
2e Who will be responsible for the review of the Stormwater Management Plan?
❑ DWQ Stormwater Program
❑ DWQ 401 Unit
3 Certified Local Government Stormwater Review
3a In which local government s jurisdiction is this project?
Town of Oak Island
❑ Phase 11
❑ NSW
3b Which of the following locally implemented stormwater management programs
❑ USMP
apply (check all that apply)
❑ Water Supply Watershed
❑ Other
3c Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ® No
attached?
4 DWQ Stormwater Program Review NIA
❑ Coastal counties
❑ HQW
4a Which of the following state implemented stormwater management programs apply
❑ ORW
(check all that apply)
❑ Session Law 2006 246
❑ Other
4b Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
5 DWQ 401 Unit Stormwater Review NIA
5a Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 8 of 10
PCN Form —Version 1 3 December 10 2008 Version

F Supplementary Information
1
Environmental Documentation (DWQ Requirement)
la
Does the project involve an expenditure of public (federal /state /local) funds or the
❑ Yes
® No
use of public (federal /state) land?
1 b
If you answered yes to the above does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑Yes
❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)? N/A
1c
If you answered yes to the above has the document review been finalized by the
State Clearing House? (If so attach a copy of the NEPA or SEPA final approval
❑ Yes
❑ No
letter )
Comments
2
Violations (DWQ Requirement)
2a
Is the site in violation of DWQ Wetland Rules (15A NCAC 2H 0500) Isolated
❑ Yes
® No
Wetland Rules (15A NCAC 2H 1300) DWQ Surface Water or Wetland Standards
or Riparian Buffer Rules (15A NCAC 2B 0200)?
2b
Is this an after the fact permit application?
❑ Yes
® No
2c
If you answered yes to one or both of the above questions provide an explanation of the violation(s)
3
Cumulative Impacts (DWQ Requirement)
3a
Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes
® No
additional development which could impact nearby downstream water quality?
3b
If you answered yes to the above submit a qualitative or quantitative cumulative impact analysis in accordance
with the
most recent DWQ policy If you answered no provide a short narrative description
The proposed project will not provide utilities or access to any other tracts
4
Sewage Disposal (DWQ Requirement)
4a
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 project will tie in to local sewer system
Page 9 of 10
PCN Form — Version 1 3 December 10 2008 Version

5 Endangered Species and Designated Critical Habitat (Corps Requirement)
5a Will this project occur In or near an area with federally protected species or
❑ Yes ® No
habitat?
5b Have you checked with the USFWS concerning Endangered Species Act
❑ Yes ® No
impacts?
❑ Raleigh
5c If yes indicate the USFWS Field Office you have contacted
❑ Asheville
5d What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
The NC Natural Heritage Program GIS layer was used to determine the presence of federally listed species No rare
species have been observed within the project area The American alligator and the eastern painted bunting have been
observed within a one half mile radius of the project area Additionally a state listed plant the Georgia sunrose was
observed along SE 18th Street in 2009
6 Essential Fish Habitat (Corps Requirement)
6a Will this project occur in or near an area designated as essential fish habitat?
® Yes ❑ No
6b What data sources did you use to determine whether your site would impact Essential Fish Habitat?
The NOAA Fisheries Essential Fish Habitat Mapper GIS program was used to determine the presence of Essential Fish
Habitat Montgomery Slough is identified as EFH for coastal pelagic species and is HAPC for snapper grouper and penaeid
shrimp This project will not affect EFH
7 Historic or Prehistoric Cultural Resources (Corps Requirement)
7a Will this project occur in or near an area that the state federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ® No
status (e g National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b What data sources did you use to determine whether your site would impact historic or archeological resources?
The NC State Historic Preservation Office HPOWEB GIS mapping resource was used to determine the presence of
cultural or historic resources No cultural or historic resources have been identified
8 Flood Zone Designation (Corps Requirement)
8a Will this project occur in a FEMA designated 100 year floodplain?
® Yes ❑ No
8b If yes explain how project meets FEMA requirements
8c What source(s) did you use to make the floodplain determination? Based on information from the surveyor the project site
is located within the 100 year floodplain
Kim Williams
�
4/1612012
Applicant/Agent s Printed Name
Applicant/Agent s Signature
Date
(Agents signature is valid only if an authorization letter from the applicant
is provided
Page 10 of 10

01/26/2012 16 14
AGENT ALgHHQRIZATIGN FORM
TO WHOM IT MAY CONCERN
PAGE 02
Uwe, the undersigned, hereby authorize Land Management Group, Inc to act as our agent in the
preparation and representation of information related to the Section 404/401 permit application
for Lots 14 & 16, Block 183 Section N-6 Oak Island. Tax Parcels # 235 L002 & 235E003 All
quesixons in regards to this project should be directed to Land Management Group, Inc
Sincerely

Si
211
211
Members
Club At St
James
SITE
A it po, j R
Founders
Club At St
James
W wato 1 ,
Nally
Or
W Beach Df W 1)01phin or Dotph", r)r WA P ();'k or ca,
f t4Pach
.1siand Oak
Island
*Boundaries are approximate and are
not meant to be absolute.
Map Source: World Street Map SCALE 1" 1 Mile
SE 17th Street-, Lot 14
Oak Island
LMG
Martha Hopkins
;D MANAGEMENT GROUP
Figure 1
Brunswick County, NC
-
www.LMGroup.net
E
Vicinity Map
Phone: [phone].LMG.1078
February 2012
Fax: [phone]
02-11-205
P.O. B(o x 2522, Wilmington, NC 28402

*Boundaries are approximate and are I1II
not meant to be absolute.
Map Source: Lockwoods Folly Quadrangle 7.5 minute (topographic). SCALE 1" — 400'
SE 17th Street; Lot 14
Oak Island LMG
LAND MANAGEMENT GROUP
Figure Martha Hopkins
cry „onm.�rnrcn�, ,r�Ar,
Brunswick County, NC www.LMGroup.net USGS Topographic Map
Phone: [phone] - 1.866.LMG.1078
February 2012 Fax: [phone]
02 -11 -205 P.O. Box 2522, Wilmington, NC 28402

`Boundaries are approximate and are
not meant to be absolute.
Map Source: NRCS Soil Survey.
SCALE 1" = 200'
SE 17th Street; Lot 14
Oak Island
LMG
Martha Hopkins
��+h��F MEN GROUP-
Figure 3
Brunswick County, NC
www.LMGroup.net
1
Soils Map
Phone: [phone] •1.866.LMG.1078
February 2012
Fax: [phone]
02 -11 -205
P.O. Box 2522, Wilmington, NC 28402

not meant to be absolute.
Map Source: 2010 NAPP Aerial Photography
SCALE 1" = 200'
SE 17th Street; Lot 14
Oak Island LMG
M LAND MANAGEMENT GROUP
Martha Hopkins Fi g
ure 4
Brunswick County, NC www.LMGroup.net 2010 Aerial Photograph
Phone: [phone] •1.866.LMG.1078
February 2012 Fax: [phone]
02 -11-205 P.O. Box 2522, Wilmington, NC 28402

Y
Ecosystem
PROGRAM
April 3 2012
Martha Hopkins
821 Oak Ridge Drive
Eden NC 27288
Protect SE 17th St Lots 14 & 16
Expiration of Acceptance October 3 2012
County Brunswick
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program ( NCEEP) is willing to accept
payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below Please
note that this decision does not assure that participation in the NCEEP will be approved by the permit issuing agencies as mitigation
for project impacts It is the responsibility of the applicant to contact these agencies to determine if payment to the NCEEP will be
approved You must also coMply with all other state federal or local goverrinient permits re ulations or authorizations associated
with the proposed activity including SL 2009 337 An Act to Promote the Use of Compensatory Mitigation Banks as amended by
S L 2011 343
This acceptance is valid for six months from the date of this letter and is not transferable If we have not received a copy of the
issued 404 Permit/401 Certification/CAMA permit within this time frame this acceptance will expire It is the applicant s
responsibility to send copies of the permits to NCEEP Once NCEEP receives a copy of the permit(s) an invoice will be issued based
on the required mitigation that permit payment calculated l amount he In
Lieu Fee to be paid to NCEEP by an applicant ba d upon the Fee Schedule and policies listed at ww ncp net
Based on the information supplied by you in your request to use the NCEEP the impacts that may require compensatory mitigation are
summarized in the following table The amount of mitigation required for this impact is determined by permitting agencies
Stream (feet) Wetlands (acres) Buffer I Buffer II
River CU (Sq Ft) (Sq Ft)
Basm Location
Cold Cool Warm Ri arian Non Ri arian Coastal OMarsh 0 0
Impact Lumber 03040207 0 0 0 010 0
Upon receipt of payment EEP will take responsibility for providing the compensatory mitigation The mitigation will be performed in
accordance with the N C Department of Environment and Natural Resources Ecosystem Enhancement Program In Lieu Fee
Instrument dated July 28 2010
Thank you for your interest in the NCEEP If you have any questions or need additional information please contact Kelly Williams at
[phone]
Smc y
Irv/
Michael Ellison
Deputy Director
cc Karen Higgins NCDWQ Wetlands /401 Unit
Emily Hughes USACE Wilmington
Chad Coburn NCDWQ Wilmington
Doug Huggett NCDCM Morehead City
Kim Williams agent
File
TA
�Z,P�StDYll2J E PYDtP,C.t"U'L9 O
GGY State, NCDEN
North Carolina Ecosystem Enhancement Program 1652 Mad Service Center Raleigh NC 27699 1652 / 919 715 0476 / www nceep net

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