HomeMy WebLinkAbout20090124 Ver 1_401 Application_20090209obs,
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February 23, 2009
Amy Chapman, Environmental Senior Specialist
Buffer Coordinator
NCDENR Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
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FEB 15 2009
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Subject: PCN Application - Neuse River Riparian Buffer Rule Approval
North Wake Landfill Park, Raleigh, NC, Wake County
Dear Ms. Chapman:
Please find attached a Pre-Construction Notification Application for the above referenced
project. The intent of the PCN Application is to seek written approval only for Buffer Rules.
The proposed buffer impact consists of three (3) pedestrian-only bridge crossings as well as
a small section of trail within the buffer. The proposed impacts are labeled as "Neuse Buffer
Impact Area #131", "Neuse Buffer Impact Area #132", "Neuse Buffer Impact Area #133", and
"Neuse Buffer Impact Area #64" on the attached Site Plan. Impact details are as follows:
Impact Area #61 Zone 1: 733 sf Zone 2: 992 sf
Impact Area #62 Zone 1: N/A Zone 2: 508 sf
Impact Area #63 Zone 1: 1193 sf Zone 2: 1813 sf
Impact Area #134 Zone 1: 721 sf Zone 2: 1523 sf
The total cumulative impacts are as follows: Zone 1- 2,647 sf (0.06 acres); Zone 2 - 4,836 sf (0.11
acres). There will be no further impacts on this site.
We have also communicated with the Army Corps of Engineers and included in this package a
copy of the correspondence with Jamie Shern.
Sincerely,
a-n H. Starkey, RLA / ASLA
Principal
Cc: Eric Staehle, Wake County Facilities Design & Construction
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Corps action ID no.
DWQ project no. Q q - C, 1 a ?}
Form Version 1.3 Dec 10 2008
Pre-Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the
Corps: MA
El Section 404 Permit El Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: A or General Permit (GP) number:
1c. 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 V Riparian Buffer Authorization
1e. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
?I Yes ? No For the record on
Yes ly for Corps Permit:
? No
If. 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 D4 No
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ? Yes tI No
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes D4 No
2. Project Information
2a. Name of project: North Wake Landfill Park
2b. County: Wake
2c. Nearest municipality / town: Raleigh
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: County of Wake
3b. Deed Book and Page No. DB 3385 PG 779
3c. Responsible Party (for LLC if
applicable): Eric Staehle, Wake County Facilities Design & Construction
3d. Street address: P.O. Box 550
3e. City, state, zip: Raleigh, NC 27602
3f. Telephone no.: 919-856-6369
3g. Fax no.: 919-856-6355
3h. Email address: eric.staehle@co.wake.nc.us
Page 1 of 10
PCN Form - Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent A Other, specify: Landscape Architect
4b. Name: Brian H. Starkey, RLA, ASLA
4c. Business name
(if applicable): obs landscape architects
4d. Street address: P.O. Box 28504
4e. City, state, zip: Raleigh, NC 27611
4f. Telephone no.: 919-755-0046
4g. Fax no.: 919-755-0930
4h. Email address: obs-bstarkey@mindspring.com
5. Agent/Consultant Information (if applicable)
5a. Name:
5b. Business name
(if applicable):
5c. Street address:
5d. City, state, zip:
5e. Telephone no.:
5f. Fax no.:
5g. Email address:
Page 2 of 10
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): 1728-35-8882
1b. Site coordinates (in decimal degrees): Latitude: 35.90408 Longitude: - 78.58549
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: 216.33 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to Nance Spring Branch / Ut to Neuse
proposed project:
2b. Water Quality Classification of nearest receiving water: Class C
2c. River basin: Neuse
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 existing condition is the decommissioned North Wake County Landfill. The uses in the vicinity include
single family residential as part of a planned unit development, industrial and commercial.
3b. List the total estimated acreage of all existing wetlands on the property:
NIA
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
4560 LF
3d. Explain the purpose of the proposed project:
The purpose of the proposed project is to create a public park.
3e. Describe the overall project in detail, including the type of equipment to be used:
The proposed project is a County park with trails, open space, playground, restroom building, and parking.
Standard construction methods & equipment will be used for the construction.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
El Yes ? No El Unknown
project (including all prior phases) in the past?
Comments:
4b. If the Corps made the jurisdictional determination, what type
'
El Preliminary El Final A
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.
5. Project History
5a. Have permits or certifications been requested or obtained for
thi
t
i
l
di
ll
i
h ? Yes No El Unknown
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ng a
pr
or p
ases) 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
la. Which sections were completed below for your project (check all that apply):
? Wetlands ? Streams - tributaries Buffers
? Open Waters ? Pond Construction
2. Wetland Impacts
N J
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
A
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 (T)
W1 ? P ? T ? Yes ? Corps
? No ? DWQ
W2 ? P ? T ? Yes ? Corps
?No ?DWQ
W3 ? P n T ? Yes ? Corps
? No ? DWQ
W4 ? P ? T ? Yes ? Corps
? No ? DWQ
W5 ? P ? T ? Yes ? Corps
?No ?DWQ
W6 ? P ? T ? Yes ? Corps
? No ? DW Q
2g. Total wetland impacts
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted. 01,4
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) (INT)? other) (feet) feet)
S1 ? P ? T ? PER ? Corps
? INT ? DWQ
S2 ? P ? T ? PER ? Corps
? INT ? DWQ
S3 ? P ? T ? PER ? Corps
? INT ? DWQ
S4 ? P ? T ? PER ? Corps
? INT ? DWQ
S5 ? P ? T ? PER ? Corps
? INT ? DWQ
S6 ? P ? T ? PER ? Corps
? 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
If there are proposed impacts to lakes, rids, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individual) list all o en 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 ?P?T
03 ?P?T
04 ? PDT
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.
Pond ID Wetland Impacts (acres) Stream Impacts (feet) Upland
b Proposed use or purpose (acres)
num
er of pond
Flooded Filled Excavated Flooded Filled Excavated Flooded
P1
P2
5f. Total
5g. Comments:
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)
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?
131 fC PEI T Bridge Nance Spring Branch ? Yes
29 No 733 992
B2 X P ? T Green-
way
Nance Spring Branch ? Yes
No
N/A
508
133 XP ? T Bridge Unnamed tributary to Nance ? Yes
Spring Branch
QK No 1193 1813
6h. Total buffer impacts SEE ATTACHED SHEET FOR SUMMARY
6i. Comments:
Page 5 of 10
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?
B4;<P ? T Bridge Nance Spring Branch El Nos 721 1523
6h. Total buffer impacts (B1-B4) 2647 4836
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Three bridges are proposed for the park. Nance Spring Branch is crossed in two locations to facilitate access
from the existing neighborhood greenway trail. The third bridge crosses an unnamed tributary and facilitates
access through the proposed park project. All three (3) bridges cross the stream at or as close to 90 degrees as
possible to minimize disturbance. The bridge locations were selected to minimize grading and clearing impacts.
The greenway trail at impact area B2 is constrained on the south by an existing landfill which cannot be graded
into and on the south by topography constraints. The trail has been aligned to minimize buffer impacts.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
The following temporary erosion control measures will be utilized to minimize proposed impacts: silt fence &
outlets, earth diversion berm, rock doughnut inlet protection, sediment traps, porous baffles in sediment traps,
and hardware cloth and gravel inlet protection. Other methods include: clearing by hand methods and use of
pre-fabricated bridges.
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 XNo
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
El Payment to in-lieu fee program
? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank N
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: linear feet
4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
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
buffer mitigation? ? Yes No
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.
Zone 6c.
Reason for impact 6d.
Total impact
(square feet)
Multiplier 6e.
Required mitigation
(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).
6h. Comments:
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 within gYes ? No
one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
Q Yes ? N
Comments: SEE COMMENTS ATTACHED AFTER THIS SHEET. o
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? 6.8%
2b. Does this project require a Stormwater Management Plan? ? Yes D<No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: This project is within Wake County
jurisdiction. The stormwater rules for Wake County have been designated as compliant with DWQ stormwater
rules.
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
JK 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? Wake County
? Phase II
3b. Which of the following locally-implemented stormwater management programs apply NSW
(check all that apply): ? USMP
Water Supply Watershed
K
Other:
3c. Has the approved Stormwater Management Plan with proof of approval been attached? ? Yes D4 No
4. DWQ Stormwater Program Review
? Coastal counties
4a. Which of the following state-implemented stormwater management programs apply El HQW
? ORW
(check all that apply): ? Session Law 2006-246
? Other:
4b. Has the approved Stormwater Management Plan with proof of approval been attached? ? Yes ? No
5. DWQ 401 Unit Stormwater Review
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
PRE-CONSTRUCTION NOTIFICATION
ADDITIONAL COMMENTS
ITEM E1b
All newly concentrated flow will be diffused using riprap outlet protection devices
at all pipe outlets with the exception of the proposed 42" pipe that discharges the
runoff from the north face of the landfill. This flow will be diffused using a riprap
stilling basin and existing vegetative buffer between the stilling basin and the
Neuse Riparian Buffer Limits. The vegetative buffer is an existing condition at all
proposed diffusion devices. This buffer will provide additional diffusion before
entering the Neuse Riparian Buffer, and the minimum length of the vegetative
buffer between any device is 35', with the discharge end of the stilling basin over
100' from the NRRB. Below is a bulleted list of the approximate length of existing
vegetative buffers between the diffusion devices and the NRRB:
• Structure S13 (sheet LA-11) vegetative buffer length = 35'
• Structure S17 (sheet LA-12) vegetative buffer length = 40'
• Structure S11 (sheet LA-13) vegetative buffer length =100'
• Structure S8 (sheet LA-13) vegetative buffer length = 100'
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal/state/local) funds or the KYes ? 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 X No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. 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 KNo
or Riparian Buffer Rules (15A NCAC 213 .0200)?
2b. Is this an after-the-fact permit application? ? Yes 9 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
El Yes KNo
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.
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.
Sanitary sewer service to restroom building is being provided by a connection to an existing City of Raleigh sewer line.
Page 9 of 10
PCN Form - Version 1.3 December 10, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement) N I&
5a. Will this project occur in or near an area with federally protected species or
habitat? ? Yes ? No
5b. Have you checked with the USFWS concerning Endangered Species Act
impacts? ? Yes ? No
5c. If yes, indicate the USFWS Field Office you have contacted.
Raleigh
?
? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
6. Essential Fish Habitat (Corps Requirement) N JA
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?
7. Historic or Prehistoric Cultural Resources (Corps Requirement) I 'D,
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
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
? Yes ? No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
8. Flood Zone Designation (Corps Requirement) N A
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?
FBI 44. , PLA 02.23.0 J
Applicant/Agent's Printed Name pplicant/Age is Si nature
(Agent's signature is valid only if an a oriz lion letter from the applicant
is provide . Date
Page 10 of 10
Page I of 2
Nicole Young
From: Shern, James F SAW Pames.F.Shern@usace.army.mil]
Sent: Thursday, January 15, 20091:10 PM
To: Brian Starkey
Cc: eric.staehle@co.wake.nc.us; Brinchek, W. Michael (Mike); Nicole Young; Amschler, Crystal C SAW
Subject: RE: North Wake Landfill Park
Sounds good. Without any discharge of fill material into a jurisdictional area, you will not need a 404 discharge
permit from us. I will share this info with the other project managers in Wake County. Please coordinate with
Crystal Amschler if there are any modifications to your plan that will result in a discharge of fill at the park in the
future.
Jamie Shern
US Army Corps of Engineers
From: Brian Starkey [mailto:obs-bstarkey@mindspring.com]
Sent: Sunday, January 11, 2009 9:51 AM
To: Shern, James F SAW
Cc: eric.staehle@co.wake.nc.us; Brinchek, W. Michael (Mike); Nicole Young
Subject: RE: North Wake Landfill Park
Jamie:
With field investigation it has been determined that there are no wetlands present at any of the 3 bridge crossings,
( see attached memo ). We are not piping any portions of the streams in question. Please let me know if you
have any further concerns or require any additional information. We will be proceeding with submittal to DWQ for
required buffer authorizations.
Thanks
brian
Brian H. Starkey, RLA, ASLA
Principal
obs landscape architects
PO Box 28504
Raleigh, NC 27611
t. 919.755.0046
f. 919.755.0930
www.obslandarch.com
This message may contain confidential information of obs landscape architects. If you are not the intended
reciepient, you are hereby notified that any disclosure of the information contained here in is strictly prohibited. If
you receive this transmission in error, please contact the sender and dispose of the material entirely.
From: Shern, James F SAW [mailto:James.F.Shern@usace.army.mil]
Sent: Thursday, December 18, 2008 2:48 PM
To: Brian Starkey
Subject: RE: North Wake Landfill Park
2/6/2009
Page 2 of 2
The bridges will not need a permit from us. I don't have any information on wetlands at the specific property but
wetlands are sometimes present in the riparian area along streams. If wetlands are present in the fill footprint of
any of the improvements or any streams are to be piped then you will need a permit from us.
My understanding is that you would need to send DWQ an application showing any of the improvements that are
within 50 feet of the creek banks for a Buffer Authorization.
Jamie Shern
US Army Corps of Engineers
From: Brian Starkey [mailto:obs-bstarkey@mindspring.com]
Sent: Wednesday, December 17, 2008 2:10 PM
To: Sherri, James F SAW
Subject: North Wake Landfill Park
Jamie:
Hope all is well with you. Attached are some plans we are working on for a redevelopment park project at Wake
County's North Wake Landfill. As you probably know the landfill has stopped accepting trash and is currently
being closed out and capped per state solid waste regulations. The park improvements are outside of areas
where trash has been placed over the years and improvements include... trails, playground and parking areas.
The trails component includes three bridges. Two of them cross Nance Spring Branch Creek to connect to City of
Raleigh Greenway system and the adjacent neighborhood. The third is crossing an unnamed tributary. The
bridges are 8' wide steel pedestrian only bridges. Bridges #1 and #3 as labeled on the attached cross Nance
Spring Branch Creek and are 40' and 50' in length which spans the top of bank. The other #2 is 25' in length.
I need to know what permits we are required to secure for this work and if there is any approval required from
DWQ as you understand it. I appreciate your attention to this matter and if you have any questions please reply
to this email or give me a call.
Thanks. I look forward to hearing from you
Brian H. Starkey, RLA, ASLA
Principal
obs landscape architects
PO Box 28504
Raleigh, NC 27611
t. 919.755.0046
f. 919.755.0930
www.obslandarch.com
This message may contain confidential information of obs landscape architects. If you are not the intended
reciepient, you are hereby notified that any disclosure of the information contained here in is strictly prohibited. If
you receive this transmission in error, please contact the sender and dispose of the material entirely.
2/6/2009
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