Loading...
HomeMy WebLinkAbout20140843 Ver 1_Emails_20150330Fox, Tim From: Brown, David W SAW <David.W.Brown @usace.army.mil> Sent: Monday, November 17, 2014 2:22 PIM To: Wanda Austin _..... Cc: Barnett, Kevin; Fox, Tim; Price, Zan (George); Tompkins, Bryan; Leslie, Andrea J Subject: Summary of Site Meeting on November 14, 2014 (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE Action ID 2013 -02365 Wanda H. Austin, PE - Engineering Services Sylva, NC 28779 Wanda Austin, Thanks for meeting with representatives of the Corps and NCDENR -DWR at the site to discuss remaining outstanding items need for the 401 and 404 permitting actions of the proposed commercial development project on the property at the northeast corner of Jule Noland Drive and Russ Avenue in Waynesville. This e-mail is a summary of our discussion of the outstanding items. Unless otherwise noted below, submit documents /plans /drawings addressing these items to both the Corps and DWR. 1) Plans /designs showing storm drainage system per 401 storm water requirements. These documents are currently being worked on and will be submitted to DWR when completed. 2) Mitigation Plan. DWR needs to have NCEEP's letter stating NCEEP is willing to accept payment for compensatory mitigation. Please submit a copy of the letter to Kevin Barnett at DWR. 3) Purpose and Need of northern 0.7 acre outparcel along Dellwod Road (US Highway 19). No purpose and need has been provided for the impacts (approximately 0.1 -0.2 acres offill to wetlands) associated with this outparcel. Development of this parcel is not dependent on the proposed commercial /retail development of the parcel along Jule Noland Drive. DWR and the Crops consider the outparcel independent ofthe proposed development along Jule Noland Drive, therefore the proposed fill of wetlands joining the two parcels is notjustified. Provide documentation that the outparcel does support the purpose and need of the proposed commercial /retail development along Jule Noland Drive. OR Provide a separate purpose and need forthe outparcel. If the proposed fill is removed from the existing plans, please update project plans /drawing as needed. Also, show accesses to the outparcel from Dellwood Road and account for any additional impacts to jurisdictional features, as needed. 1 4) Alternative Analysis /Avoidance and Minimization. The applicant submitted information regarding real estate parcels in the area for 9 acre parcels. The proposed commercial development requires 4 -5 acres. Please submit information and alternative analysis regarding real estate parcels in the area for other available 4 -6 acre parcels. 5) The applicant submitted an option to purchase and contract to sell between Harmon Graham Properties, LLC (seller) and Pinnacle Properties One, LLC (buyer). This document does not state the buyer will develop the property as a commercial /retail grocery facility per the applicant's purpose and need. Please provide documentation that the buyer plans to construct a commercial /retail grocery facility based upon the drawings and plans submitted to the Corps and DWR. 6) The above noted option to purchase and contract to sell expires on November 30, 2014. Please submit a document that this document will be in effect beyond November 30, 2014 and what will be the new expiration date. 7) Mitigation. USFWS has recommended a 2:1 ratio for compensatory mitigation for the current proposed impacts to wetlands. Therefore, 2.4 acres of wetland mitigation will be required to offset the proposed 1.2 acres of wetland impacts. This ratio will be the required ratio for compensatory mitigation for wetland impacts unless the applicant can provide reasoning /data for a lower ratio. It was suggested the applicant submit NC Wetland Assessment Method INC WAM) as data to support reasoning for a lower ratio. OR Provide additional mitigation options and documentation outlining the option(s) for use in conjunction with the proposed payment to NCEEP which could lower the recommended 2:1 ratio. An option discussed was preservation of the remaining wetlands at the property through restrictive conservation easements. The conservation easements will need to held by an independent 3rd party and be in perpetuity. Please provide the information requested by January 16, 2015. If you have any questions feel free to contact me or Kevin Barnett at DWR. Thanks again, David Brown, PG Regulatory Specialist /Geologist 828 - 271 -7980, ext. 232 david.w.brown Pusace.armv.m it USACE Wilmington District - Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, NC 28801 -5006 Classification: UNCLASSIFIED Caveats: NONE 2 Fox, Tim From: Wanda Austin <wandajoyceaustin @gmail.com> Sent: Thursday, December 11, 2014 10:44 PM To: Brown, David W SAW Cc: Barnett, Kevin; Fox, Tim; Price, Zan (George); Tompkins, Bryan; Leslie, Andrea J; Devane, Boyd; Burdette, Jennifer a; Brent Pack Subject: Re: Summary of Site Meeting on November 14, 2014 (UNCLASSIFIED) Attachments: Final Storm Water and Bridge Plan Signed December 2014.pdf; Pinnacle and FIG LLC extension letter signed.pdf; WR Jule Noland Drive EEP acceptance.pdf; 31 -2738 - Jule Noland Property - NCWAM.pdf; Conservation meets and bounds.pdf; Agency Response December 2014.pdf Thank you for the opportunity to address the concerns of each of the agencies. The revised storm water plan, the NCEEP acceptance letter, NC WAM, property evaluation and letter of extension from the buyer are attached. Please do not hesitate to contact me if you have any questions. On Mon, Nov 17, 2014 at 2:22 PM, Brown, David W SAW <David.W.Brown @,usace.army.mi]> wrote: Classification: UNCLASSIFIED Caveats: NONE Action ID 2013 -02365 Wanda H. Austin, PE - Engineering Services Sylva, NC 28779 Wanda Austin, Thanks for meeting with representatives of the Corps and NCDENR -DWR at the site to discuss remaining outstanding items need for the 401 and 404 permitting actions of the proposed commercial development project on the property at the northeast comer of Jule Noland Drive and Russ Avenue in Waynesville. This e -mail is a summary of our discussion of the outstanding items. Unless otherwise noted below, submit documents /plans /drawings addressing these items to both the Corps and DWR. 1) Plans /designs showing storm drainage system per 401 storm water requirements. These documents are currently being worked on and will be submitted to DWR when completed. 2) Mitigation Plan. DWR needs to have NCEEP's letter stating NCEEP is willing to accept payment for compensatory mitigation. Please submit a copy of the letter to Kevin Barnett at DWR. 3) Purpose and Need of northern 0.7 acre outparcel along Dellwod Road (US Highway 19). No purpose and need has been provided for the impacts (approximately 0.1 -0.2 acres of fill to wetlands) associated with this omparcel. Development of this parcel is not dependent on the proposed commercial /retail development of the parcel along Jule Noland Drive. DWR and the Crops consider the outparcel independent of the proposed development along Jule Noland Drive, therefore the proposed fill of wetlands joining the two parcels is notjustifred. Provide documentation that the outparcel does support the purpose and need of the proposed commercial /retail development along Jule Noland Drive. 1 Provide a separate purpose and need for the outparcel. If the proposed fill is removed from the existing plans, please update project plans /drawing as needed. Also, show accesses to the outparcel from Dellwood Road and account for any additional impacts to jurisdictional features, as needed. 4) Alternative Analysis / Avoidance and Minimization. The applicant submitted information regarding real estate parcels in the area for 9 acre parcels. The proposed commercial development requires 4 -5 acres. Please submit information and alternative analysis regarding real estate parcels in the area for other available 4 -6 acre parcels. 5) The applicant submitted an option to purchase and contract to sell between Harmon Graham Properties, LLC (seller) and Pinnacle Properties One, LLC (buyer). This document does not state the buyer will develop the property as a commercial /retail grocery facility per the applicant's purpose and need. Please provide documentation that the buyer plans to construct a commercial /retail grocery facility based upon the drawings and plans submitted to the Corps and DWR. 6) The above noted option to purchase and contract to sell expires on November 30, 2014. Please submit a document that this document will be in effect beyond November 30, 2014 and what will be the new expiration date. 7) Mitigation. USFWS has recommended a 2:1 ratio for compensatory mitigation for the current proposed impacts to wetlands. Therefore, 2.4 acres of wetland mitigation will be required to offset the proposed 1.2 acres of wetland impacts. This ratio will be the required ratio for compensatory mitigation for wetland impacts unless the applicant can provide reasoning/data for a lower ratio. It was suggested the applicant submit NC Wetland Assessment Method (NC WAM) as data to support reasoning for a lower ratio. MR Provide additional mitigation options and documentation outlining the option(s) for use in conjunction with the proposed payment to NCEEP which could lower the recommended 2:1 ratio. An option discussed was preservation of the remaining wetlands at the property through restrictive conservation easements. The conservation easements will need to held by an independent 3rd party and be in perpetuity. Please provide the information requested by January 16, 2015. If you have any questions feel free to contact me or Kevin Bamett at DWR. Thanks again, David Brown, PG Regulatory Specialist/Geologist 828 - 271 -7980, ext. 232 david. w.brown@usace.army.mil USACE Wilmington District - Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, NC 28801 -5006 2 Classification: UNCLASSIFIED Caveats: NONE 3 Fox, Tim From: Brown, David W SAW <David.W.Brown @usace.army.mil> Sent: Tuesday, December 23, 2014 3:17 PM To: Wanda Austin Cc: Barnett, Kevin; Fox, Tim Subject: Clarification of Wetland Impacts Needed (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE Action ID 2013 -02365 Wanda H. Austin, PE- Engineering Services Sylva, NC 28779 Wanda Austin, Thanks for recently submitting the information the Crops requested forthe 401 and 404 permitting actions of the proposed commercial development project on the property at the northeast corner of Jule Noland Drive and Russ Avenue in Waynesville. I have reviewed the submitted documents and based upon this review the Crops request a clarification of the proposed impacts to wetlands forthis project. The original design, submitted with the permit application in August 2014, proposed 1.2 acres of impactsto wetlands. The revised design, submitted with your recently submitted information, proposes 1.0 acres of impacts to wetlands. Your narrative summary ofthe revised indicates the lower amount of impactsto wetlands is due to modification in the design of the connector road between outparcel #1 and the grocery retail parcel. Please provide similarly scaled drawings) which clearly depicts and summarizes the impacts to wetlands forthis project based upon the original design and based upon the revised design. Review of drawings provided forthe proposed arch culvert on Factory Branch at outparcel #1 does not indicate impacts to this jurisdictional stream. The Corps concurs with yourfinding of no impacts to streams forthis proposed stream crossing. Based upon the information you submitted the Corps has determined to lower the suggested mitigation ratio of 2:1 for the proposed wetland impacts. The Corps will recommend a mitigation ratio in the range 0.75:1 to 1.25:1. Please note, the mitigation option to place 2.2 acres of wetlands into preservation via a restrictive conservation easement, will provide 0.44 wetland mitigation credits. Please provide the information requested by January 16, 2015, in order forthe Corps to fmalizesthe mitigation requirements forthe proposed impacts. If you have any questions feel free to contact me. Thanks again & have a Merry Christmas, David Brown, PG Regulatory Specialist /Geologist 828 - 271 -7980, ext. 232 david.w.brown(ausace.armv.m it USACE Wilmington District - Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, NC 28801 -5006 i Classification: UNCLASSIFIED Caveats: NONE 2 Fox, Tim From: Herbert, Laura C Sent: Wednesday, February 26, 2014 8:55 AM - To: Hicklin, Kristin Cc: Barnett, Kevin; Cranford, Chuck; Fox, Tim; Wait, Jeff; Riddle, Shawna Subject; Julie Noland Drive - Daughtery Project Haywood 2014 -003, Just talked to Mr. Burton Edwards who wanted to bring in the resubmittaI today. Hein clicated that the responsible person has changed to John Harrison and that the US COE /DWR are very close to issuing the 404/401. 1 told him that the 404/401 would need to be issued prior to us approving the plan. Because of this, I suggested that he wait for the written approval from US COE /DWR and submit this with a revised FRO and revised plan (addressing our reasons for disapproval). He expressed some interest in an express review so I told him the details (either $125.00 /acre or $ 250.00 per acre? Have to determine since the initial application was not express). Thanks, Laura Laura Herbert, P.E. Regional Engineer Division of Energy, Mineral, and Land Resources- Land Quality Section NCDENR- Asheville Regional Office 2090 US Highway 70 Swannanoa, NC 28778 Tel: 828- 296 -4500 Fax: 828- 299 -7043 http://Portal.ncdenr.org/web/I r Notice: E -mail correspondence to and from this address may be subject to the North Carolina Public Records Law and therefore may be disclosed to third parties unless the content is exempt by start, or other regulation 1 r Fox, Tim From:. Barnett, Kevin Sent: Thursday, February 27, 2014 8:04 AM To: Herbert, Laura C; Hicklin, Kristin Cc: Cranford, Chuck; Fox, Tim; Wait, Jeff; Riddle, Shawna Subject: RE: Julie Noland Drive - Daughtery Project Haywood 2014 -003 FYI I spoke with David Brown at the Corps and no 404 submittal has been presented to them for review at this time. BIMS shows no 401 submittal has been sent to DWR -WQ. Kevin Barnett - Kevin. Ba rnett(olncdenr.eov North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Resources - Water Quality Regional Operations Section 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828- 296 -4500 Fax: 828- 299 -7043 E -mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. - From: Herbert, Laura C Sent: Wednesday, February 26, 2014 8:55 AM To: Hicklin, Kristin Cc: Barnett, Kevin; Cranford, Chuck; Fox, Tim; Wait, Jeff; Riddle, Shawna Subject: Julie Noland Drive - Daughtery Project Haywood 2014 -003 Just talked to Mr. Burton Edwards who wanted to bring in the resubmittal today. He indicated that the responsible person has changed to John Harrison and that the US COE /DWR are very close to issuing the 404/401. 1 told him that the 404/401 would need to be issued prior to us approving the plan. Because of this, I suggested that he wait for the written approval from US COE /DWR and submit this with a revised FRO and revised plan (addressing our reasons for disapproval). He expressed some interest in an express review so I told him the details (either $125.00 /acre or$ 250.00 per acre? Have to determine since the initial application was not express). Thanks, Laura Laura Herbert, P.E. Regional Engineer Division of Energy, Mineral, and Land Resources - Land Quality Section NCDENR- Asheville Regional Office 1 2090 US Highway 70 Swannanoa, NC 28778 Tel: 828- 296 -4500 Fax: 828- 299 -7043 http:Zlportal.ncdenr.org/web/i r Notice: E -mail correspondence to and from this address may be subject to the North Carolina Public Records Law and therefore may be disclosed to third parties unless the content is exempt by statute or other regulation. 2 Fox, Tim From: Fox, Tim Sent: Wednesday, October 29, 2014 7:53 AM To: Devane,Boyd Cc: Barnett, Kevin Subject: FW: Site Meeting for Jule Noland Drive Project (UNCLASSIFIED) Boyd, This is just an FYI. Kevin and I will be attending an on -site meeting regarding the Julie Noland Drive project with Ms. Austin in the near future. We will communicate with you after that on -site meeting. Thanks, Tim Tim Fox - tim.fox@ncdenc¢ov North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Resources — Water Quality Programs 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828- 296 -4500 Fax: 828- 299 -7043 - Notice: Email correspondence to and from this address may be subjectto the NC Public Records Law and may be disclosed to third parties. - - - -- Original Message-- - From: Brown, David W SAW [ mailto :David.W.Brown @usace.armv.mil] Sent: Monday, October 27, 2014 9:37 AM To: Wanda Austin - Cc: Tompkins, Bryan; Leslie, Andrea J; Barnett, Kevin; Fox, Tim Subject: Site Meeting for Jule Noland Drive Project (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE Wanda, I have forwarded your response to the public notice comments for the proposed commercial development project of the property at the northeast corner of Jule Noland Drive and Russ Avenue (US Highway 276). Let's set a meeting at the site with USFWS, NCWRC, and DENR -DWR to discuss the comment responses, compensatory mitigation, required mitigation ratios, and anyother issues /matters these agency need to have addressed forthis project in obtaining the 404 Permit and 401 Certification. 1 The following dates are good for me at this time Thursday November 6, after 1 PM Thursday November 13, anytime Friday November 14, anytime. Please let me know which date & time will work. Have a good week, David Brown, PG Regulatory Specialist /Geologist 828- 271 -7980, ext. 232 david.w. b rown P usace.armv. m i l USACE Wilmington District - Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, NC 28801 -5006 Classification: UNCLASSIFIED Caveats: NONE 7 Fox, Tim From: Barnett, Kevin Sent: Monday, January 05, 2015 12:13 PM To: Fox, Tim; Price, Zan (George) _. Subject: Jule Noland Wetland Mitigation Hiya guys: Just spoke with Dave Brown. NCWAM came up poor on all categories for the wetlands at Jule Noland Drive in Haywood county. Mitigation will be 0.75acres mitigation for each acre impacted. - I have this one still on my desk. Thanks, Kevin Kevin Barnett - Kevin.BarnettCancdenr.¢ov North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Resources- Water Quality Regional Operations Section 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828- 296 -4500 Fax: 828- 299 -7043 E -mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. 1 Fox, Tim From: Barnett, Kevin Sent: Friday, January 23, 2015 1:07 PM To: Burdette, Jennifer Cc: Devane, Boyd; Fox, Tim; Price, Zan (George); Davidson, Landon Subject: FW: change of plans for Jule Noland project Attachments: Rtrn.01- 26- 2015.doc Hi Jennifer: This is the return letter I drafted for this project. The repeated issues with SW from the PE submitting caused us to cc: the PE board on the letter. Please use this draft to send out the return, Thanks, kevin Kevin Barnett - Kevin.Barnett @ncdenr.eov North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Resources - Water. Quality Regional Operations Section 2090 U.S. 70 Highway Swa nna nos, NC 28778 Tel: 828 - 296 -4500 Fax: 828- 299 -7043 E -mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Davidson, Landon Sent: Friday, January 23, 2015 1:04 PM To: Barnett, Kevin Subject: FW: change of plans for Jule Noland project fyi G. Landon Davidson, P.G. NCDENR - Division of Water Resources Water Quality Regional Operations Section Regional Supervisor- Asheville Regional Office 2090 U.S. Hwy. 70 Swannanoa, N.C. 28778 ph.: 828- 296 -4500 fax: 828- 299 -7043 email: la n don. david so n @ ncden r.¢ov website: www.ncwaterguality.org Notice: Per Executive Order No. 150, all emoils sent to and from this account ore subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Devane, Boyd Sent: Friday, January 23, 2015 11:27 AM To: Fox, Tim; Davidson, Landon Subject: change of plans for Jule Noland project Jennifer Burdette just told me thatthe Jule Noland Rd project #14 -0843 was needed an individual 401 certification and that she was responsible for sending the letter and it needs to be done today or maybe Monday. She had some other issues that she was responding to. Therefore, I sent her the body of the letter that I sent you yesterday. If you have reviewed the letter and made changes, please send them to Jennifer ASAP. Thanks 2 Fox, Tim From: Barnett, Kevin Sent: Tuesday, January 27, 2015 3:24 PM To: Fox, Tim Cc: Price, Zan (George) Subject: Re: Letter regarding Jule Noland Dr. Phase II Hey Zan and Tim. Central office refused to cc the PE board on this letter. Wants referral from a PE to the board. Can we discuss next week? Thanks, Kevin Sent from my Perizon Wireless 4G LTE DROID "Fox, Tim" <tim.fox@nedenr, oovv> wrote: Tim Fox - tim.fox(@ncdenr.eov North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Water Resources— Water Quality Programs 2090 U.5.70 Highway Swannanoa, NC 28778 Tel: 828- 296 -4500 Fax: 828- 299 -7043 Notice: Email correspondence to and from this address may be subject to the NC Public Records Law and may be disclosed to third parties. From: Devane, Boyd Sent: Tuesday, January 27, 2015 3:18 PM To: Wanda Austin Cc: Fox, Tim Subject: Letter regarding Jule Noland Dr. Phase II This letter was mailed today. Let me know if you have questions. 1 Fox, Tim From: Barnett, Kevin Sent: Friday, February 06, 2015 2:57 PM To: Brown, David W SAW Cc: Fox, Tim; Price, Zan (George) Subject: RE: [EXTERNAL] Jule Noland Project (UNCLASSIFIED) Hiya Dave: Just so you know, the Landowner has filed in Office of Administrative Hearings a complaint against the DWRfor its "decision" in returningthe 401 application as incomplete. Two things will happen: 1. Administrative Law Judge will decide that as the application was returned as incomplete, that the agency has not made a decision, and return complaint for having no standing in court. Or 2. Administrative Law Judge will accept complaint, and there will be no valid 401 untiljudge makes decision. Whenever that is. - I will try to keep you updated. —Kevin Kevin Barnett- Kevin.BarnettPncdenr.gov North Carolina Dept. of Environment and Natural Resources Division of Water Resources NCDENR Asheville Water Quality Regional Operations Section 2090 U.S. 70 Highway Swannanoa, INC 28778 Tel: 828- 296 -4500 Fax: 828- 299 -7043 E -mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. - - - -- Original Message---- - From: Brown, David W SAW [ mailto :David.W.Brown@usace.armv.mil] Sent: Friday, February 06, 20151:44 PM To: Wanda Austin Cc: Barnett, Kevin Subject: RE: [EXTERNAL] Jule Noland Project (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE Wanda, 1 Several items need to be submitted prior to the Corps accepting the proposed mitigation forth is project being a combination of payment to NCEEP in -lieu fee program and preservation. I've attached a few documents to help you wade through what needs to be submitted. A draft mitigation plan will need to submitted to Corps for review and approval. See the attached Mitigation Plan Requirements document. The plan must include the listed 12 components, though not all of these components are applicable for your project (mitigation work plan, maintenance plan, performance standards, monitoring requirements, etc.). Also, several of these components will be addressed in the preservation instrument (site protection instrument, long -term management, adaptive management, etc.). The components that are addressed in the preservation instrument can be checked -off by 'see attached proposed preservation instrument' with a call -out of where the component's information can be found in the instrument document. The attached Process for Preservation of Mitigation Property document will walk you through the Crops' requirements for the preservation portion of compensatory mitigation. The Corps will generally not issue the permit until the proposed preservation instrument has been approved by the Corps. Also, we generally prefer a conservation easement, though in the case of this property we will consider restrictive covenants (declaration of restrictions). Included in the preservation process document are models for conservation easement and declaration of restrictions. Your preservation instrument needs to comply with these models. The Corps will need to approve the any modifications to the models or use of an alternative proposed instrument. Past experience has shown using the model with no modifications make things real easy with our Office of Counsel approving the instrument. I attached a document that has some frequent questions and answers about compensatory mitigation. Let me know if you have any questions about what the Corps needs submitted. Have a good weekend, David Brown, PG Regulatory Specialist /Geologist 828 - 271 -7980, ext. 232 david.w.brown @usace.armV.mil USACE Wilmington District - Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, NC 28801 -5006 - - - -- Original Message---- - Prom: Wanda Austin [mailto:wandaioviceaustin @gmail.com] Sent: Tuesday, February 03, 2015 7:34 PM To: Brown, David W SAW; Brent Pack Subject: [EXTERNAL] Jule Noland Project Good evening. Mr. Harmon will be completing the conservation easement; therefore, he prefers to receive 0.25 acre _. _.....__ credit for the conservation easement and pay in lieu fees for the remaining 0.5 acre. Let me know if you need any additional information. Wanda Austin 2 Classification: UNCLASSIFIED Caveats: NONE 3 a l