20060466 Ver 3_401 Application_20080522

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972 Trinity Road
Raleigh, North Carolina 27607
ING & N
46- XcV3

Transmittal
Date: 05.22.2008
TEL [phone]
FAX [phone]
Job. No: 536-04 DWQ Project # o6-0466 V. 2
To: NC Division of Water Quality, Central Office
2$21 Crabtree Boulevard
Raleigh, NC 27604-226o
Attn: Ms. Cyndi Karoly
Re: PCN Application for Whispering Pines Subdivision Franklinton Franklin County
Sending:
® Attached ? Under separate cover
via
Iii AV 11 91 ® Prints/Plans ? Shop Drawings ? Specifications ? Samples

? Other:
the following
items:
Copies Date Description
05.22.2oo8 Cover Letter PCN Agent Auth. Drawings
1 05.22.20o8 Permit Application Fee $240 CHK #looo

ilc n a a t LR [IRWvA
?'ETtA? ' .+t v
Transmitted for:
® Your use ? Approved as submitted ? Resubmit ? Copies for approval
? As requested ? Approved as noted ? Submit ? Copies for distribution
? Review and comment ? Returned for ? Return ? Corrected prints
Remarks Ms. Karoly- The permits for this project have expired and we would like to
reapply for 401/Tar-Pam buffer permits. Please find attached 5 copies of the cover letter, PCN,
updated Agent Authorization and the drawings you have on file for Whispering Pines
Subdivision, Franklinton, Franklin County, North Carolina.
Please feel free to contact me if you have any questions. Thank you.
Copy to:
«-?
ha n Guyer
SPAULDING & NORRIS PA
Planning • Civil Engineering • Environmental
PAYM E7.'T
FECEr"'I
May 21, 2008
Ms. Cyndi Karoly
NC Division of Water Quality
Central Office
2321 Crabtree Boulevard, Suite 250
Raleigh, North Carolina 27604 - 2260
RE: Resubmittal of Whispering Pines Subdivision
USACE AID# 200521019
DWQ Project # 06-0466, Ver. 2
Dear Ms. Karoly,
d? - NYV V3

E?y
On August 31, 2006, your office issued a 401 Water Quality Certification approval and a Tar-
Pamlico Buffer Authorization Certificate for Whispering Pines Subdivision, located in Franklinton,
Franklin County, North Carolina. The new Franklin County tax PIN for the property is 1864-28-7058 (old
PIN 1864-28-6200).
The permits for this project have expired and we would like to resubmit for a new 401 Water
Quality Certification approval and a Tar-Pamlico Buffer Authorization Certificate. This project was on
hold for various reasons and only recently has the project become active again. No impacts have been
made to the streams or wetlands on this property.
We have attached a copy of our Pre-Construction Notification Application on the new March 2008
version of the form. Some fields have been updated with new information, and the project history has been
updated. We are also attaching copies of the impact maps you have on file for your reference. The project
layout has not undergone any changes and the impacts are identical to those in the previous submittals.
Please do not hesitate to contact me if you have questions, comments or concerns about this
request. Thank you in advance for your time spent reviewing this information.
Sincerely,
Shawn F. Guyer, E.LT
Phone: [phone] ? Fax: [phone] •972 Trinity Road ? Raleigh, North Carolina 27607
Office Use Only: Form Version March 08
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ® Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide Permit #29
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here:
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of,
Environmental Concern (see the top of page 2 for further details), check h ;?
H. Applicant Information g bus C;` ` °% 2 t i 8
1. Owner/Applicant Information , K
Name: [NEW] The Weisgerber Group VNkiUM,)S NG
Mailing Address: [NEW] 1426 Wall Road
jNEW] Wake Forest, North Carolina 27587
Telephone Number: [NEW] 919.570.0418 Fax Number: [NEW] 919.5 70.0419
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Shawn Guyer
Company Affiliation: Spaulding & Norris, PA
Mailing Address: 972 Trinity Road
Raleigh, NC 27607
Telephone Number: 919.854.7990 Fax Number: 919.854.7925
E-mail Address: [e-mail]
Page 5 of 14
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:. Whispering Pines Subdivision
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): (NEW] 1864-28-7058
4. Location
County: Franklin Nearest Town: Franklinton
Subdivision name (include phase/lot number): Whispering Pines Subdivision
Directions to site (include road numbers, landmarks, etc.):
Travel north on Capitol Boulevard (US-1) from I-440 19.5 miles Turn right onto Bert
Winston Road (SR 1133), travel 1.9 miles. Turn left onto Hicks Road (SR 1125) travel
approximately 0.75 miles. Site is located on the East (right) side of the road
5. Site coordinates (Lat/Long or decimal degrees): 36.08161 N 78.45242 W
(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. Property size (acres): 180.22 acres
7. Name of nearest receiving body of water: Cedar Creek (Classification: C,NSW: Stream ID
28-29-(2)
8. River Basin: Tar-Pamlico (Subbasin 03-03-01 • USGS HUC Upper Tar (03020101))
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The site is a combination of pasture and mixed
Page 6 of 14
pine/hardwood forest communities. The site has undergone forestry related agricultural
practices in the past, evidenced by skid trails and logging roads. A sanitary sewer main was
installed along the floodplain of Cedar Creek on the southern boundary of the property.
10. Describe the overall project in detail, including the type of equipment to be used: The
project entails the development of a residential subdivision and the associated infrastructure,
including: roads, water supply, and sanitary, and storm sewers. Equipment used will include,
but is not limited to trackhoe excavators, bulldozers, rollers, asphalt pavers, and other
grading and road construction equipment.
11. Explain the purpose of the proposed work:
a
The purpose of the prolosed work is to provide the necessary infrastructure to support
residential subdivision of single family homes.
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.
[NEW]
Mr. Thomas Brown of the US Army Corps of Engineers issued a Jurisdictional Determination on
July 11, 2005 USACE AID # 200521019). Mr. Michael Horan of the NC DWQ issued a Buffer
Determination on June 23, 2005.
On August 31, 2006 the NC DWQ issued Approval of 401 Water Quality Certification and
Authorization Certificate per the Tar-Pamlico River Buffer Protection Rules.
On September 12, 2006 Mr. Eric Alsmeyer of the USACE issued the General Permit
Verification.
The project has been on hold since the permits were issued.
Page 7 of 14
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.
There are no additional permit applications anticipated for this project
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. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts:
The proposed impacts associated with this project include impacts to jurisdictional stream
channel, wetlands and Tar-Pamlico Riparian Buffers for one residential street stream crossing
and the construction of Whispering Pines subdivision
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact

(indicate on map)
herbaceous, bog, etc.)
Floodptain Stream (acres)
es/no linear feet
Impact Area #1 Road grading and storm
Forested
No
0
0043
0
drainage .
Impact Area #3 Road grading, storm
drainage & lot fill Forested No 400 0.0430
Impact Area #4 Road grading and storm Forested No 250 0
0401
drainage .

Total Wetland Impact (acres) 0.0876
Page 8 of 14
3. List the total acreage (estimated) of all existing wetlands on the property: 1.34 acres
delineated
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width. then divide by 43.560.
Stream Impact Perennial or Average Impact Area of
Number Stream Name Type of Impact Intermittent? Stream Width Length Impact
indicate on ma Before Impact linear feet acres
Impact Area #1
Permanent UT to Cedar Creek Road grading and
storm drainage perennial
5 133 0.0160
Impact Area #2
Temporary UT to Cedar Creek Road grading and
storm drainage perennial
5 13 0.0014

Total Stream Impact (by length and acreage) Permanent 133 0.0160
Temporary 13 0.0014
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact
Site Number
indicate on ma Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc. Area of
Impact
acres
N/A N/A

Total Open Water Impact (acres) N/A
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): Permanent
Temporary 0.0160
0.0014
Wetland Impact (acres): Permanent 0.0874
Open Water Impact (acres): N/A
Total Impact to Waters of the U.S. (acres) Permanent
Temporary 0.1034
0.0014
Total Stream Impact (linear feet): Permanent
Temporary 133
13
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Page 9 of 14
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Current land use in the vicinity of the pond: N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
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 design of the proposed project involved extensive avoidance and minimization during the
subdivision layout and planning stage. There are five stream-wetland complexes on the site, as
well as the floodplain for Cedar Creek along the southern property boundary. The layout for the
streets and lots was oriented to completely avoid these complexes. Several additional stream
crossings were removed from the initial subdivision layouts to avoid impacts to those streams.
One unavoidable impact was necessary for several reasons.
The first impact, Tanglebriar Trail is the main subdivision entrance from Hicks Road. The
design of the Hicks road crossing was limited by several factors. First due to Hicks Road being
at 3.43% superelevation, the slope of Tanglebriar Trail from Hicks Road was limited to 4.67% to
meet NC DOT requirements regarding rollover angle. Due to the length of Tanglebriar Trail the
minimum slope at FemWring Drive was limited to 5%. These two restrictions create a fill
situation at the stream crossing that cannot be altered. Headwalls were added to the design,
shortening t_he impact.
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
Page 10 of 14
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o. enr. state.nc.us/ncwetlands/strmgide. html.
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.
The overall impacts resulting from the development of Whispering Pines Subdivision are
below the 150 foot stream length threshold and compensatory mitigation is not required
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o. enr. state. nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page 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
Page 11 of 14
IX.
X.
Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ® No ?
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Impact Required
Zone* Multiplier
1 I Permanent 9,066 1 3 (2 for Catawba)
2 Permanent 4,758
Temporary 444
Total Permanent 13,824
Temporary 444
* Zone 1 extends out 30 feet perpendicu
additional 20 feet from the edge of Zone 1.
1.5
the top of the near bank of channel; Zone 2 extends an
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260.
Page 12 of 14
We do not believe that buffer mitigation is required. The street crossing impacts are less than
150 feet or one-third of an acre of protected riparian buffer.
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level.
Any existing impervious surfaces on the property will be removed. The impervious area
resulting from the proposed development cannot be determined at this time, as the building
product for the lots is unknown. However, from the preliminm plans, the proposed impervious
area for streets and sidewalks within the subdivision can be approximated at 16.35 acres or 9.1%
of the total site area. From this information, the estimated allowable impervious area per lot can
be determined fora given impervious threshold. If 24% of the total site area is assumed to be
impervious, this would allow approximately 2,800 sgft of impervious area per lot. At 20%
impervious, each lot could contain approximately 2,000 sgft of impervious area. The lots will
likely contain between 2,000 sgft and 3,000 sgft of impervious area each, including house,
driveway, patio, and a front walkway. Assuming a mix of larger and smaller building product
throughout the subdivision, the overall impervious area of the site will likely be well below 24%.
The stormwater system for Whispering Pines Subdivision will provide detention at each
stormwater outlet, for nutrient removal, as well as diffuse flow through level spreaders at the
outlet of each detention facility. At this point the stormwater system has not yet been designed,
so storm drainage details and worksheets are unavailable.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Wastewater generated by Whispering Pines will be transported to an existing sanitary sewer
outfall on the southern property boundary and from there conveyed tot he Franklin County Cedar
Creek Wastewater Treatment Plant.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development which could impact nearby downstream water quality? Yes ? No
Page 13 of 14
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
This project will not result in any additional development The sewer outfall that the project is
utilizing already exists and the project does not provide street stubs to any parcels that do not
already have significant road frontage
XV.
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).
05,2A . 2-6012
Applicant/Agen Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 14 of 14
SPAULDING & MORRIS PA
Planning *Civil Engtricering •linvitons: enrol
AGENT AUTHGR1.ZATHOIN FORM
Fhort:
Project NwnelDe®cription: )AIIspering Pines Subdivision
Date: 'S' - 2-1 `o`?
The Department of the Army
US Army Corps or Enginmrs
V11mington District
PO Box 1840
Wilminpm. NC 29402-189-0
Atto: Mr. Eric Alsmeyer
Field Office: Raleigh Regulatory Field Office
Re: Wetlands Related Consulting & Permitting
To Whom It May Concom:
1, the current property owner. hereby designate and authorize Spaulding & Nonis, P.A.,
to ut on my_ behalf as my agent in the processing ofpermit applications. to ftirtlish upon
request sa iemcntal information it support cif applications, etc., from this day forward.
This the clay ctf?_?..?
This notification supcrcedos any previous correspondsm concerning the asmt for this
pro*t.
PAM Owner s Name t ti PROPER Owners Signature
Cc: Ms'. Cyndi Karely
NCDENR - Division of Water Quality I tz_ ci'F-_
401 OvetsigW Express Review Penmitting Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
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