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HomeMy WebLinkAbout20170499 Ver 1_401 Application_20170421Ate�LMG 2 0 1 7 0 g g 9 LAND MANAGEMENT GROUP ixc. C®u��"C Environmental Consultants CC)PYC� April 19, 2017 Dear Brennan: Enclosed is a NWP 18 Application for your review. It is submitted on behalf of Roger Worsham for the construction of a single-family residence within the Worsham Tract, located off of Old Mill Creek Road in Winnabow, NC. Mr. Worsham plans to build a home within uplands. However, he cannot access these uplands without crossing one wetland finger, which will impact 0.028 acre of wetlands. He has minimized the width of his driveway,,to 20' and will install two 12" culverts at the crossing to ensure a continued hydrologic connection. Enclosed are the PCN form, site maps, and site plan drawings. Please let me know if you have any questions or need additional information in order to issue the NWP 18. Thank you for your assistance with this project. Sincerely, I Kim Williams Environmental Scientist Encl. cc: Mr. Roger Worsham Mr. Chad Coburn, NC DWR Ms. Jennifer Burdette, NC DWR www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Avenue, Suite 15 • Wilmington, NC 28403 F?ECEIV6D TO: Mr. Brennan Dooley US Army Corps of Engineers APR 2� 69 Darlington Avenue Z��l Wilmington NC 28403 STORMW,q DENR-LARPQR L►Ty MATTING RE: Worsham Tract; Old Mill Creek Road; Winnabow, NC (Brunswick County) NWP 18 Application Dear Brennan: Enclosed is a NWP 18 Application for your review. It is submitted on behalf of Roger Worsham for the construction of a single-family residence within the Worsham Tract, located off of Old Mill Creek Road in Winnabow, NC. Mr. Worsham plans to build a home within uplands. However, he cannot access these uplands without crossing one wetland finger, which will impact 0.028 acre of wetlands. He has minimized the width of his driveway,,to 20' and will install two 12" culverts at the crossing to ensure a continued hydrologic connection. Enclosed are the PCN form, site maps, and site plan drawings. Please let me know if you have any questions or need additional information in order to issue the NWP 18. Thank you for your assistance with this project. Sincerely, I Kim Williams Environmental Scientist Encl. cc: Mr. Roger Worsham Mr. Chad Coburn, NC DWR Ms. Jennifer Burdette, NC DWR www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Avenue, Suite 15 • Wilmington, NC 28403 O�O� W A rF9OG 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 1 a. Type(s) of approval sought from the Corps: ® Section 404 Permit ❑Section 10 Permit 1b. 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 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 In below. ® Yes ❑ No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: Worsham Tract; Old Mill Creek Road 2b. County: Brunswick APR 91 2 2c. Nearest municipality / town: Winnabow 2d. Subdivision name: N/ASTO ND QUALITY 2e. NCDOT only, T.I.P. or state project no: N/A MILTING 3. Owner Information 3a. Name(s) on Recorded Deed: Roger L Worsham 3b. Deed Book and Page No. 03783 0833 3c. Responsible Party (for LLC if applicable): 3d. Street address: 302 Englewood Drive 3e. City, state, zip: Wilmington, NC 28409 3f. Telephone no.: 919-274-2287 3g. Fax no.: 3h. Email address: Lanceman1987@aol.com 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.: (910) 452-0001 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 1a. Property identification no. (tax PIN or parcel ID): Portion of 1260001909 Latitude: 34.087327 °N Longitude: -78.062923 °W 1 b. Site coordinates (in decimal degrees): (DD.DDDDDD) (-DD.DDDDDD) 1c. Property size: 8.3 ac 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Swain Branch proposed project: 2b. Water Quality Classification of nearest receiving water: C; Sw 2c. River basin: Cape Fear 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: Site is undeveloped and mostly forested. Eastern section is in fields. Adjacent land use is forested, agricultural, or residential. 3b. List the total estimated acreage of all existing wetlands on the property: 2.3 ac 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 project is to construct a 2,432 sf single-family residence and 20' -wide driveway on the site. 3e. Describe the overall project in detail, including the type of equipment to be used: The driveway footprint will be cleared of vegetation and road will be constructed. Two 12" culverts will be installed at the wetland crossing. The house site will then be cleared and fill material will be brought in to level the area of disturbance. The house will then be constructed. Track hoe, loader, dump truck, bob cat, and other standard construction equipment will be used. 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: 4b. If the Corps made the jurisdictional determination, what type ❑ Preliminary ® Final of determination was made? Agency/Consultant Company: 4c. If yes, who delineated the jurisdictional areas? Land Management Group, Inc. Name (if known): Nick Howell Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. Brennan Dooley of the USACE approved the line in the field on April 11, 2017. 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. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b. If yes, explain. Page 3 of 10 PCN Form — Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1 a. 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. 2f. Wetland impact Type of jurisdiction 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 W1 ®P ❑ T Road crossing/culvert Non -riparian ® Yes ❑ No ® Corps ® DWQ 0.028 ❑ Yes ❑ Corps W2 ❑ P ❑ T ❑ No ❑ DWQ ❑ Yes ❑ Corps W3 ❑ P ❑ T ❑ No ❑ DWQ ❑ Yes ❑ Corps W4 ❑ P ❑ T ❑ No ❑ DWQ ❑ Yes ❑ Corps W5 ❑ P ❑ T ❑ No ❑ DWQ 2g. Total wetland impacts 0.028 2h. Comments: 3. Stream Impacts N/A 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 number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non -404, width (linear Temporary (T) (INS other) (feet) feet? ) El PER ❑Corps S1 ❑P❑T ❑ INT ❑ DWQ S2 ❑ P ❑ T ❑ PER ❑ INT ❑ Corps ❑ DWQ ❑ PER ❑ Corps S3 ❑ P ❑ T ❑ INT ❑ DWQ 3h. Total stream and tributary impacts 3i. 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 indivi ually 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 01 ❑P❑T 02 ❑P❑T 03 ❑P❑T 04 ❑P❑T 0. Total open water impacts 4g. Comments: S. Pond or Lake Construction: N/A 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) number of pond Flooded I Filled I Excavated Flooded I Filled I Excavated Flooded P1 P2 5f. Total 5g. Comments: See attached site plan for details 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. 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. Project is in which protected basin? 6b. 6c. 6d. Buffer impact number — Reason Permanent (P) or for Temporary T impact B1 ❑P❑T MEMEM B3 ❑P❑T 6i. Comments: ❑ Neuse ❑ Tar -Pamlico ❑ Other: ❑ Catawba ❑ Randleman 6e. I 6f. I 6g. Buffer Stream name mitigation required? ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No 6h. Total buffer impacts Page 5 of 10 Zone 1 impact Zone 2 impact (square feet) (square feet) D. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The project area does not have direct access from Old Mill Creek Road. Therefore, the applicant has an access easement from an adjoining property, which limits his access options. He attempted to obtain a different easement location from several adjacent landowners, but this was the only location that was granted. With this easement, it is impossible to gain access to uplands on which to build a home without crossing a wetland finger. Mr. Worsham considered crossing the wetland finger further to the east where the finger is slightly narrower. However, this would have created a fairly sharp tum around the wetland, which would be difficult to navigate. Additionally, placing the crossing at the preferred location will avoid a very large oak tree. The crossing width has been minimized as much as possible and two culverts will be used to ensure hydrologic connectivity will be maintained. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Silt fence will be installed prior to construction to ensure fill material does not enter adjacent wetlands. 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 ElPayment 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: N/A 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: N/A 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. N/A 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). N/A 6h. Comments: N/A Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ® No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No Comments: 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? -7% 2b. Does this project require a Stormwater Management Plan? ❑ Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Impervious cover is below stormwater thresholds. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the 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: N/A 3a. In which local government's jurisdiction is this project? Town of Carolina Beach ❑ Phase II ❑ 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: N/A ❑ 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 El Yes El No attached? S. DWQ 401 Unit Stormwater Review: N/A 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) 1a. 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)? 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 Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes ® No 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. Project will not provide utilities or access to adjacent 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. Project will utilize an on-site septic system. The applicant has obtained a septic permit from Brunswick County. 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 federally protected species are known to occur on or within a one mile radius of the site. 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. No HAPC or EFH Areas were identified within or near the project area. 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 were noted within or adjacent to this site. 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? The NC Floodplain Mapping Information System website was used to determine the boundaries of the 100 -year floodplain. Kim Williams 4/19/2017 Land Management Group, Inc. Date Applicant/Agent's Signature Applicant/Agent's Printed Name (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 10 of 10 LMG L.4�D hL1NAGFb2FXF RMP., f -40—W." ca.,s.fwc tf AGENT AUTHORIZATION FORM TO WHOM IT MAY CONCERN: i/we, the undersigned, hereby authorize Land Management Group, Inc. (LMG) to act as our agent in the determination of jurisdictional wetland boundaries on the subject property, Worsham Tract By way of this form, 1/we additionally authorize access to the site by representatives of the US Army Corps of Engineers (COE) and the NC Division of Coastal Management (NC DCM) for the purpose of reviewing the flagged wetland boundary and providing a final jurisdictional determination. Any questions regarding the jurisdictional determination should be directed to LMG. Please provide the following information: 1706 Old Mill Creek Rd: portion of1260001906 & Property Address and Parcel ID Number: 1260001909 Current Property Owner Name: See attached Owner Address and Phone Number: See attached Please answer the following questions (circle Yes or No): 1. Are you the current owner of the property? Yes or No 2. If you are not the current owner, do you have a option to purchase or a contract to purchase that allows for environmental due -diligence including the determination of wetlands? Yes or No 3. If you answered no to the questions above, do you have an existing easement? Yes or No Name of Individual/Entity: Signature of Authorized Representative: Date: 3--30 - w-wwIm-group.net • Phone: 910.452.0001 • Tax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, N(28403 L:\WETLANDS\2017 WETLANDS FILES\03-17-090 --- Worsham Tract, Roger Worsham Boundaries are approximate and are not meant to be absolute. Map Source: ArcGIS Open Street Map RECEIVED APR 212017 DENR-LAND QUALITY STORMWAT rn SCALE 1" = 1 MILE (when printed at 11"x17") ♦ n1r � + aJr. a e . air • 4 J .` ri 1 1 �, •1 y PROJECT AREA EASEMENT 'far l "lip -,fj n J �, L:\WETLANDS\2017 WETLANDS FILES\03-17-090 --- Worsham Tract, Roger Worsham Boundaries are approximate and are not meant to be absolute. Map Source: USGS Brunswick County GIS Mosaic r] �r sri, HERE, DeLorme, 41p� ylndia, ©OpenStreetMap� SCALE 1" = 300' (when printed at 11"x17") rs LEGEND GoA: Goldsboro fine sandy loam, 0-2% slopes Ra: Rains fine sandy loam L:\WETLANDS\2017 WETLANDS FILES\03-17-090 --- Worsham Tract, Roger Worsham Boundaries are approximate and are not meant to be absolute. Map Source: GIS Soils Data RECEIVED APR 2 DENR-LAND QUALI STORMWATER PERMI G SCALE 1 " = 150' (when printed at 11"x17") L:\WETLANDS\2017 WETLANDS FILES\03-17-090 --- Worsham Tract, Roger Worsham Boundaries are approximate and are not meant to be absolute. Map Source: 2016 NC OneMap Aerial Photography PROJEL , AREA I VIM Ar ♦�. ^ - ¢ „� i t �A ry a t ^ �A ;19" Y, 10 � .. a .r i' " P'.. SCALE 1" = 150' (when printed at 11"x17") LEGEND Project boundary N 8.3 ac Access Easement N 0.29 ac Uplands N 6 ac or 72% " 404 wetlands N 2.3 ac or 28% ..... Non JD Ditches in Uplands N 205 Lf. .. Ditches that are considered Waters of the U.S. N 118 Lf. �� Proposed Wetland Impacts (0.028 ac) M A k 7 Preliminary; Not for Construction House and road location are approximate. Boundaries are approximate and are not meant to be absolute. Map Source: 2016 NC OneMap Aerial Photography Wetland Impact #1: 0.028 acre (20'x 60') u�. RECEIVED APR 212017 DENSTORw �N0 dAllTyS ATER PERMIIT�I�TrCALE 1 " = 100' wren printed at 11"x17") Nv i i' 3 rk 1 •`a r� ICY — r N �l 1 e Nv 3 f 1 •`a I I - —"t I I ' I I I , i , �i I I ., � .. ; < w � .... ^ .. _ , ' - •'a: a +s � � � � c1a � oaa ► �' �I.G =. :e.� y 1 . 9 .. ',.,k aY' ,� I i i I I