19890150 Ver 1_Complete File_19890101

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State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor May 24, 1989 R. Paul Wilms
William W. Cobey, Jr., Secretary Director
Mr. Averette Mitchell Lamm
Post Office Box 1369
Wilson, North Carolina 27893
Subject: Certification Pursuant to
Section 401 of the Federal.
Clean Water Act,
Proposed Mobile Home Park
Averette Mitchell Lamm
Toisnot Swamp
Wilson County
Dear Mr. Lamm:
Attached hereto are two (2) copies of Certification No. 2339
issued to Averette Mitchell Lamm dated May 25, 1989.
If we can be of further assistance, do not hesitate to
contact us.
Sincerely,
C?
Paul Wilms
cc: Wilmington District Corps of Engineers
Ra eigh Regional Office
r. William Mills
Mr. George Everett
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
4W
NORTH CAROLINA
Wilson County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the
requirements of Section 401 Public "Laws 92-500 and 95-217 of the
United States and subject to the North Carolina Division of
Environmental Management Regulations in 15 NCAC 2H, Section .0500
to Averette Mitchell Lamm pursuant to an application filed on the
23 day of March, 1989 to prepare a site for mobile home park
development near Wilson.
The Application provides adequate assurance that the
discharge of fill material into a wetlands area adjacent to the
waters of Toisnot Swamp in conjunction with the proposed mobile
home park in Wilson County will not result in a violation of
applicable Water Quality Standards and discharge guidelines.
Therefore, the State of North Carolina certifies that this
activity will not violate Sections 301, 302, 303, 306, 307 of PL
92-500 and PL 95-217 if conducted in accordance with the
application and conditions hereinafter set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner as
to prevent significant increase in turbidity
outside the area of construction or construction
related discharge (increases such that the
turbidity in the Stream is 50 NTU's or less are not
considered significant.).
2. That appropriate measures for sedimentation and
erosion control shall be implemented so as to
minimize siltation and turbidity impacts.
Violations of any condition herein set forth shall result in
revocation of this Certification.
. This Certification shall become null and void unless the
above conditions are made conditions of the Federal Permit.
This the 25th day of May, 1989.
DIVISION OF ENVIRONMENTAL MANAGEMENT
Paul Wilms, Director
WQC# 2339
E??heuc.+c?'.X
State of North Carolina
Department of Natural Resources and Community Development
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor March 31, 1989 William W. Cobey, Jr., Secretary
Mr. R. Paul Wilms, Director
Water Quality Section
Division of Environmental Management
Raleigh, North Carolina 27611
Dear Mr. Wilms:
The attached U. S. Army Corps of Engineers Public Notice No. 0241 dated
March 23, 1989 describing a project proposed by Ayerette M. Lam
is being circulated to interested state agencies for comments on applicable
Section 404 and/or Section 10 permits.
Please indicate below your agency's position or viewpoint on the proposed
project and return this form by April 19, 1989
Very sincerely,
John R. Parker, Jr.
404 Coordinator
REPLY This office objects to the project as proposed.
Comments on this project are attached.
This office supports the project proposal.
No comment.
Signed
Date
Agency
JRP:jr./aw
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity / Affirmative Action Employer
f
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
SAWC089-N-098-0241 March 23, 1989
PUBLIC NOTICE
AVERETTE MITCHELL LAMM, Post Office Box 1369, Wilson, North Carolina
27893, has applied for a Department of the Army permit TO PLACE FILL MATERIAL
IN 3.4 ACRES OF WETLANDS ADJACENT TO TOISNOT SWAMP TO CONSTRUCT A MOBILE HOME
PARK OUTSIDE WILSON, Wilson County, North Carolina.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show the applicant plans to discharge approximately 20,000 cubic
yards of material into 3.4 acres of wooded wetlands adjacent to Toisnot Swamp.
Vegetation consisted of sweetgum, red maple, water oak, tulip poplar,
greenbrier and giant cane. The purpose of the work is to provide high ground
for construction of a mobile home park. Plans showing the work are included
with this public notice.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No
Department of the Army permit will be issued until the coordinated State
viewpoint on the proposal has been received and reviewed by this agency, nor
will a Department of the Army permit be issued until the North Carolina
Division of Environmental Management has determined the applicability of a
Water Quality Certificate as required by PL 92-500.
This application is being considered pursuant to Section 10 of the River
and Harbor Act of 1899 (33 U.S.C. 403) and Section 404 of the Clean Water Act
(33 U.S.C. 1344). Any person may request, in writing within the comment
period specified in this notice, that a public hearing be held to consider
this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
This application is being considered pursuant to Section 404(b) of the
Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within
the comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and

-2-
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer has determined, based on a review of data furnished
by the applicant and onsite observations, that the activity will not affect
species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards, flood plain values, land use, navigation, shore erosion and
accretion, recreation, water supply and conservation, water quality, energy
needs, safety, food and fiber production, mineral needs, considerations of
property ownership, and, in general, the needs and welfare of the people. For
activities involving the placement of.dredged or fill materials in waters of
the United States, a permit will be denied if the discharge that would be
authorized by such permit would not comply with the Environmental Protection
Agencies' 404(b)(1) guidelines. Subject to the preceding sentence and any
other applicable guidelines or criteria, a permit will be granted unless.the
District Engineer determines that it would be contrary to the public interest.
Generally, the decision whether to issue this Department of the Army
permit will not be made until the North Carolina Division of Environmental
Management (DEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The DEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department of
the Army permit serves as application to the DEM for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North

-3-
Carolina Division of Environmental Management, Salisbury Street, Archdale
Building, Raleigh, North Carolina. Copies of such materials will be furnished
to any person requesting copies upon payment of reproduction costs.
The North Carolina Division of Environmental Management plans to take
final action in the issuance of the Clean Water Act certification on or after
April 17, 1989.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the North
Carolina Division of Environmental Management, Post Office Box 27687, Raleigh,
North Carolina 27611-7687, on or before April 10, 1989, Attention:
Mr. William Mills.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Ms. Kathy Trott, until 4:15 p.m.,
April 24, 1989, or telephone [phone].
1-f' L .

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WftJlON {OUNTY, N.C.
LONDON CHURCH ROAD}
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PROPERTY OF
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WLSON, &C. 27903
F. T. GREEN' ? ASSOCIATES
Cousuff1kc, MOWERS
WILSON, NORTH CAROLINA
WARMC -MM

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AVERETTE M. LAMM

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IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
March 20, 1989
SUBJECT: File No. SAWC089-N-098-0241
Mr. William Mills
Water Quality Section
Division of Environmental Management
North Carolina Department of Natural
Resources and Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Mills:
Enclosed is the application of Averette Mitchell Lamm for a
Department of the Army permit and a State Water Quality
Certification to place excavated/fill material in Toisnot Swamp
to create high ground for a mobile home park outside Wilson,
Wilson County, North Carolina. Your receipt of this letter
verifies your acceptance of a valid request for certification in
accordance with Section 325.2(b)(ii) of our administrative
regulations.
We are considering authorization of the proposed activity
pursuant to Section 404 of the Clean Water Act, and we have
determined that a water quality certification may be required
under the provisions of Section 401 of the same law. A Department
of the Army permit will not be granted until the certification has
been obtained or waived.
In accordance with our administrative regulations, 60 days
after receipt of a request for certification is considered a
reasonable time for State action. Therefore, if your office has
not acted on the request by May 20, 1989, the District Engineer
will deem that waiver has occurred.
Questions or comments may be addressed to Ms. Kathy Trott,
telephone [phone].
Sincerely,
Char s W. Ho lis
hief, Regulatory Branch
Enclosure
-2-
Ok
Copy Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687

40Y
F.T.GREEN& ASSOCIATES
ENGINEERS / PLANNERS / SURVEYORS
POST OFFICE BOX 609 I 303 NORTH GOLDSBORO STREET I WILSON, NORTH CAROLINA 27893
TELEPHONE [phone]
March 10, 1989
Department of the Army
Wilmington District, Corps of Engineers
P. O. Box 1890
Wilmington, North Carolina 28402-1890
Attention: District Engineer
Subject: Wetland Permit Application
To Excavate and/or Fill
London Church Road Mobile Home Park
Dear Sir:

,,,.., 11;2;",NCl1
Enclosed for your consideration is a Wetland Permit
Application for the above subject project. The project consist
of filling a_wetland area near Toisnot Swamp with structural fill
varying from 0 to 3, feet in depth. The purpose of the filling
is to provide for the optimum development of a proposed mobile
home park by the landowner.
If during review of this project you should have any
questions, please do not hesitate to call me.
Respectfully,
F. T REEN & ASSOCIATES, P.A.
nnie L. Sutton, P. E.
RLS/jed
Enclosures
cc: Kathy Trott w/enclosures
U.S. Army Corps of Engineers
Regional Office
Averett M. Lamm w/enclosures

APPLICATION
FOR
PERMIT TO EXCAVATE AND/OR FILL
WATFR QUALITY CERTIFICATION
~EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT
Department of Administration State of North Carolina Department of the Army
(GS 14&12) Department of Natural Resources and Community Development Corps of Engineers, Wilmington District
(GS 113-229, 143.215.3(a)(1), 143.215.3(c), 113A-118 (33 CFR 209.320.329)
Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank.
A,? IS VP,
f
(? rE 11 AT CRY PRA?'U
1. Applicant in ormaaon _
A. Name Lamm.- Averette Mitchell
Last First Middle
B. Address Post Office Box 1369
Street, P. O. Box or Route
Wilson North Carolina 27893 [phone]
City or Town State Zip Code Phone
It. Location of Proposed Project:
A. County Wilson
B. 1. City, town, community or landmark Wilson Wilson Extraterritorial Area
2. Is proposed work within city limits? Yes No X TOiSnot Swamp
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project
Ill. Description of Project
A, 1. Maintenance of existing project N/A 2. New work X
B. Purpose of excavation or fill
1. Access channel N/A length width depth
2. Boat basin N/A length width depth
3. Fill area exceeds flood plain length 460'± width 320'± depth 2 to 4'
4. Other N/A length width depth
C. I. Bulkhead length N/A Average distance`waterward of MHW (shoreline) N/A
. 2. Fype of bulkhead construction (material) N/A
D. Excavated material (total for project)
1. Cubic yards 20.000 2. Type of material Sandy loam
E. Fill material to be placed below MHW (see also VI. A)
1. Cubic yards N/A 2. Type of material
IV. Land Type, Disposal Area, and Construction Equipment:
A. Does the area to be excavated include any marshland, swamps or other wetland? Yes No X
B. Dues the disposal area include any marshland, swamps or other wetland? Yes X No
C. Disposal Area
1. Location 900' E of Toisnot Swamp; 600' W of London Church Road
2. Do you cla n title to disposal area? Yes
D. Fill material source if fill is to be trucked in N/A
E. How will excavated material be entrapped and erosion controlled? Silt fence
I . I vpc of equipment to be used scrapers ? -
G. Will marshland be crossed in transporting equipment to project site? If yes, explain NO
41'
V. Intended Use of Project Area (Describe)
A. 1. Private_ N/A
2. Commercial N/A s
3. Housing Development or Industrial N/A
4. Other Mobile Home Park
I . Lot size(s) _ '40' X'100' 4 , 000 S. F. Minimum
2. Elevation of lot(s) above mean high water 0.2 FT
3. Soil type and texture sandy loam, fine
4. Type of building facilities or structures mobile home with tie downs
5. Sewage disposal and/or waste water treatment A. Existing No Planned Yes
B. Describe discharge to Wilson Sewer Tnterr eptor
6. 'Land Classification'(circle one) -DEVELOPED TRANSITIONAL COMMUNITY RURAL
CONSERVATION OTHER (See CAMA Local Land Use Plan Synopsis)
VI. Pertaining to Fill and Water Quality:
A. Does the proposed project involve the placement of fill materials below mean high water? Yes No X
B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following project completion? Yes-No X
2. Type of discharge storm drainage
3. Location of discharge Toisnot Swamp via detention basin
VII. Present rate of shoreline erosion (if known):
VIII. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
work in project area, if applicable: N/A
IX. Length of time required to complete project: _ ten (10) months
X. In. addition to the completed application form, the following items must be provided:
A. Attach a copy of the deed (with State application only) or other instrument under which applicant
claims title to the affected property. OR if applicant is not claiming to be the owner of said property,
then forward a copy of the deed or-other instrument under which the owner claims title plus written
permission from the owner to carry out the project on his land.
B. Attach an accurate work plat drawn to scale on 8%s X 11" white paper (see instruction booklet for
details). Note: Original drawings preferred - only high quality copies accepted.
C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or
certified mail or by publication (G.S. 113-229 (d))Enter date served
D. List names and complete addresses of the riparian landowners with property adjoining applicant's.
Such owners have 30 days in which to submit comments to agencies listed below.
_David W. Woodard, Jr., Agent, P. 0 Box 3299, Wilson, NC 27893
City of Wilson P 0 Box 0 Wilson, NC 27893
E. Leo Green, P. 0. Box 609, Wilson.-NC 27893
X1. Certification requirement: I certify that to the best of my knowledge, the proposed activity , -)mplies
with the State of North Carolina's approved coastal management program and will be conducted in a
manner -n-isistent with such program.
XII. Any permit issued pursuant to this application will allow only the development describ d in js appli-
cation and plat. Applicants should therefore describe in the ?pplicati and II a ticipat d devel-
opment activities, including construction, excavation, fillingl?nd la learin .
DATE 3 8qL
Applicant's Signatu
D&F-82
Rev. 100/ /78
SEE REVERSE SIDE FOR MAILING INSTRUCTIONS

-
100 ? 100
TOP FILL ELEV. 99.00
77-7 777 7
?777
E
95 95
0+00 +50 1,+00. +50. 2t00 +50 3+00 +50
0 25 50 100 300 500
SCALE 11 . 50'
I-
F. T. GREEN & ASSOCIATES
CONSULTING ENGINEERS
WILSON, NORTH CAROLINA
PROPOSED FILL IN
WETLANDS I ADJOINING
AGRICULTURAL LAND
NEAR WILSON
WILSON COUNTY, N.C.
LONDON CHURCH ROAD
MOBILE HOME PARK
PROPERTY OF
AVERE7TE M. LAMM
P.O. BOX 1369
VALSON, N.C. 27893
PROPERTY OF
AVERETTE M. LAMIM
WIHR4n, -Vdaw
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W. T, LAMM, AVERETTE K LAMM 8 LINDA L. LAWSON
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DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
SAWCO89-N-098-0241
PUBLIC NOTICE
March 23, 1989
AVERETTE MITCHELL LAMM, Post Office Box 1369, Wilson, North Carolina
27893, has applied for a Department of the Army permit TO PLACE FILL MATERIAL
IN 3.4 ACRES OF WETLANDS ADJACENT TO TOISNOT SWAMP TO CONSTRUCT A MOBILE HOME
PARK OUTSIDE WILSON, Wilson County, North Carolina.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show the applicant plans to discharge approximately 20,000 cubic
yards of material into 3.4 acres of wooded wetlands adjacent to Toisnot Swamp.
Vegetation consisted of sweetgum, red maple, water oak, tulip poplar,
greenbrier and giant cane. The purpose of the work is to provide high ground
for construction of a mobile home park. Plans showing the work are included
with this public notice.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No
Department of the Army permit will be issued until the coordinated State.
viewpoint on the proposal has been received and reviewed by this agency, nor
will a Department of the Army permit be issued until the North Carolina
Division of Environmental Management has determined the applicability of a
Water Quality Certificate as required by PL 92-500.
This application is being considered pursuant to Section 10 of the River
and Harbor Act of 1899 (33 U.S.C. 403) and Section 404 of the Clean Water Act
(33 U.S.C. 1344). Any person may request, in writing within the comment
period specified in this notice, that a public hearing be held to consider
this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
This application is being considered pursuant to Section 404(b) of the
Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within
the comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and

-2-
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer has determined, based on a review of data furnished
by the applicant and onsite observations, that the activity will not affect
species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards, flood plain values, land use, navigation, shore erosion and
accretion, recreation, water supply and conservation, water quality, energy
needs, safety, food and fiber production, mineral needs, considerations of
property ownership, and, in general, the needs and welfare of the people. For
activities involving the placement of dredged or fill materials in waters of
the United States, a permit will be denied if the discharge that would be
authorized by such permit would not comply with the Environmental Protection
Agencies' 404(b)(1) guidelines. Subject to the preceding sentence and any
other applicable guidelines or criteria, a permit will be granted unless the
District Engineer determines that it would be contrary to the public interest.
Generally, the decision whether to issue this Department of the Army
permit will not be made until the North Carolina Division of Environmental
Management (DEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The DEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department of
the Army permit serves as application to the DEM for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North

-3-
Carolina Division of Environmental Management, Salisbury Street, Archdale
Building, Raleigh, North Carolina. Copies of such materials will be furnished
to any person requesting copies upon payment of reproduction costs.
The North Carolina Division of Environmental Management plans to take
final action in the issuance of the Clean Water Act certification on or after
April 17, 1989.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the North
Carolina Division of Environmental Management, Post Office Box 27687, Raleigh,
North Carolina 27611-7687, on or before April 10, 1989, Attention:
Mr. William Mills.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Ms. Kathy Trott, until 4:15 p.m.,
April 24, 1989, or telephone [phone].

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W1L.SCt t N.C. 2780
F. T. GREEN & ASSOCIATES
CONSULUNG ENGir ERE
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AMETTE M. LAMM
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