19950963 Ver 1_COMPLETE FILE_19950926

State of North Carolina
Department of Environment,
Health and Natural Resources 4 F.WMA e
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
November 15, 1995
New Hanover County
DEM Project # 95963
APPROVAL of 401 Water Quality Certification
Mr. Chris Stephens
Liberty Developers Inc. FILE
O. Box 4127
Wilmington, NC 28406
Dear Mr. Stephens:
You have our approval to place fill material in 1.54 acres of wetlands or waters for the purpose
of constructing a road crossing with lot fill at Georgetown Subdivision (South College Road), as you
described in your application dated 11 September 1995. After reviewing your application, we h ve
decided that this fill is covered by General Water Quality Certification Number 2671. This certification
allows you to use Nationwide Permit Number 26 when it is issued by the Corps of Engineers.
This approval is only valid for the purpose and design that you described in your application. If
you change your project, you must notify us and you may be required to send us a new application.
For this approval to be valid, you must follow the conditions listed in the attached certification. In
addition, you should get any other federal, state or local permits before you go ahead with your
project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing,
send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the
Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certificati on and
its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Environmental Management under Section 401
of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-1786.
Sin rel
I. ston Howard, J . E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DEM Regional Office
Mr. John Dorney
Margaret Gray
Central Files
95963.1tr
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
NOV-16-95 THU 02:48 PM LANDMARK 910 350 0610 P.01
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NOV-16-95 THU 02:49 PM LANDMARK 910 350 0610 P.02
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b n -Mt i Neanest:+Qad?
Project one
Hydrologically connected
Wetiand type (select one) Ca Other ;
U Swamp forest © Shoreline •
U Oottomland hardwood forest O Brackish marsh
Q Oarolina bay. Freshwater marsh
O Pocosin i WWFen •
Pine savannah O Ephemeral wetland
Wet flat •
The rating system cannot be applied to salt marshes.
now a•M?i•_?11?*••1?•••••• ••••is ••iaa•90*90 6*9004 ••••0*006 •••
water storage
_t n
Bank/Shoreline stabilization
8 .00 a >' '` "° •
`? 7r 4
Pollutant removal ??'" •
Sensitive watershed ;:{ •
M13 ? l.Sf} Wetland scoreTr vei corridor II
Special ecological attributes -_
Wildlife habitat x 1.50 = > s
;. ??.
Aquatic Life value _(S
Recreation/Education
-?
Economic value x 0.25
,n
3.
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• • • • ¦ • . • • • • • • • •
County NC-10 t tUl ?`f tif"? Wetland area -L _17- acres Wetland wi th • v; rv feet
Name of evatuator_ G.?? Date .
NOV-16-95 THU 02:51 PM LANDMARK 910 350 01610 P,.03
AMON ID:
` Nadonwldo Perrak Requested (Provide Nadonwide Permit ; 26 (G e o r g e t own e )
JODU FORM FOR
Natianwide permits that require notwiicatiion to the Corps of Engineers
Nadonwide permits that require application for SeW011401 certification
WMMlNGMN DISTRICT ENGl?4 R• WATER QUALrry PLANNWr,
CORPS OF ENGINEERS UPMMN OF'fiNVIRONIUffiNTAL MANAGEMENT
DUPARTMENI' OF WM ARMY NC DEPARTMMT OF BANEtONMENT,
PO, Box 1890 AND NATURAL MOURCES
W&ington. NC 28402.1890 P.O. Box 2WS
TcA 1ccpphono0'919) 2Sa 511 AM: X53 y _
TolePhone [phone]
ONE, (1) COPY of THIS COMPLE W APMCAMON SHOULD BE SENT M TIM COW Olp 1tvGMMS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVLSION OF E WMONMFNPAL MANAGMENT,
PLEASE PYINT. _
1- pars Name: LIBERTY DEVELOPERS, LLC
2. OwnersAdd=g: P.O. BOX 4127 WILMINGTON, NC 28406
3. Owners Phone Number (Home): (Work): [phone]
4. If Applicable: Agent's newt or tet?pons le corpmute official, add=, phone m Mbw
Chris Stephens
(see above)
.S. Lroc 4" of work (MUST ATTACK MAP`). County: _4EV RHOVER
.Nearest Town or City: VILMTNGTON
Specific Location (Include road numbers,landmarks, etC.):
SAXSARA ESTATES & THE DRIVING RANGE
- 6, Name of Closest StreamMivcr:
7. Rivcr Basin: CAPE FEAR.
8- Is this project located in a w hed classified as Trout, SA, HQW, ORW, WS L Or WS 117 YES i l NO j
9. Have any Sectico 404 permits been previway requested for use on this property? . YES t ] NO i
If yes, explain.
10. Estwmted total slumber ofacra of waters of dw U .S., i=IUXMS wcda ds, located on project life: 1. 4A
11. Number of acres Of waters of the U.S., includistg wetlands. i& d by -the P Y propwj Pm]
Filled: 1.54AC
Drained:
Roodc&
Excavated:
Total Impacted: 1 , 5 4AC
NOV-16-95 THU 02:51 PM LANDMARK 910
12. Lkscdpdon of proposed work (Attach PLANS•$ la- X 11" drawings only);
. HOMESITES. -I
13. Purpose of proposed work-, ACCESS AND UTILIZATION TO PREDOMINATELY HIGH GROUND.
14_ State r emm why the ap Hc=t believes that this activity must boa caWW out in wcdaads. Also note mCasW CS
taken to n1Wffd =wetland jMpacts. WETLANDS kU4 U`DV, ACCESSAAILITV. ALSO. ISOLATEDPOcxET IS A
DECLINING LOW VALUE WETLAND.
is. You alb nec?wutrd to contact rho U.S. Fab and Wildlife Service (USFWS) and/or NadoW Marine Fisheries Service
(NMM) re g rho prwmce or any Fedcrally listed or proposed forlistmg eadaAgerCt'1 ordmWepodw oretitieal
habitat in the permit area that may be affected by the prop udd p %dact. Have you dam so? [x ] NO [ ]
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE PORWARDED TO CORPS.
16. You are rcr w' W to contact the State Historic Pw=rmdoa Off= (SM) t ag the pws?e of himlic
properties in the permit area which may bo affccted by the lwpowd Fmmj=? H$ve you done so? YFS (X ] NO[
]
RESPONSE FROM TIM SHPO SHO1 TLD BE FORWARDI3D TO CORPS. - -
17. Additional Wormatiou rcgdted by DEM: _ . _.... ,..._.
A. Wcdaud dclineadou map s3towing all wetlands, stteaM and lal= oa rho p wpdaty.
13. If avallabio, represeuWve photograph of We I=& to be impaMd by pr+ojeot.
C. If delineation was performed by a constdtaat, include. all data d1e0L"t zlevsnnt to the placement of the
delineation line.
bD. If a stotmwaw m?tagemeat plan is regWred for this pMeM attach copy.
EL What is land use of sunvundiag Property? s I? I MR & 0nt?arT ar
R If applicable, what is proposed method of sewage disposal? COUNTY SYSTEM
,
Owner's S1F4uW
DaGc
-16-95 THU 102:52 PM LANDMARK 910 350 0610 P.05
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NOV-09-95 THU 11:44 AI-1 LANDMARK 910 350 0610 P.02
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT. CORPS OF ENGINEERS 5W
1 P.O. BOX 1890 . :..,
WILMINGTON, NORTH CAROLINA 26402 1890
REPLY TO
ATTENTION OF
November 3, 1995
Regulatory Branch
Action ID No- 199505770 and Nationwide Permit No. 26
Liberty Developers, LLC
ATTN: Mr. Chris Stephens
Post Office BOX 4127
Wilmington, North Carolina 28406
Dear Mr. Stepheias :
Reference your application of September 6, 1995, for Department of the
Army (DA) authorization to discharge fill material into 1.54 acres of oselofed
wetlands, located above the headwaters of Barnards Creek, for the p rp
establishing a residential development on your property located on the west
side of South College Road (NC Highway 132), south of Chapara Drive, in
Wilmington, New Hanover County, North Carolina.
For the purposes of the Corps of Engineers' Regulatory Program,
nationwide permit are listed in Title 33, Code of Federal Regulations (CFR),
Part 330.6, published in the Federal Register on November 22, 1991.
Authorization, pursuant to Section 404 of the Clean Water Act, was provided by
Nationwide Permit No. 26 for discharges of dredged or fill material into
headwaters and isolated waters.
Your work, located in the coastal area, is authorized by this nationwide
permit provided it is accomplished in strict accordance with the submitted
plans, the enclosed conditions and any required State authorization. A
consistency determination is required from the North Carolina Division of
Coastal Management (NCDCM). Contact Mr. Steve Benton, telephone
[phone] for this consistency determination. A Section 401 water
quality certification is also required from the North Carolina Division of
Environmental Management. Contact Mr. John Dorney, telephone [phone]
for this certification. This nationwide permit does not relieve you of the
responsibility to obtain any other required State or local approval.
This verification will be valid until the nationwide permit is modified,
reissued or revoked, which will occur prior to January 21, 1997. It is
incumbent upon you to remain informed of changes to the nationwide permits,
which will be announced by public notice when they occur. If you commence, or
are under contract to commence, this activity before the date the nationwide
permit is modified or revoked, you will have twelve months from the date of
the modification or revocation, to complete the activity under the present
terms and conditions of this nationwide permit.
Printed on 0 Rocyaed Paper
NOV-09-95 THU 1 1 :45 At1 LANDHoRl<
State of North Carolina
Department of Environment,
Health and Natural Resources
Wilmington Regional Office
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
October 20, 1995
Ms. Margaret Gray
LIBERTY DEVELOPERS
P. O. Box 412'1
Wilwingtoo, NC 28406
910 350 0610 P.03
?EHNR
RE: Actions 1D# 199505770, Nationwide Permit Application (NW #26)
GEORGETOWNE, South College Road, Ncw Hanover County
Dear Ms. Gray:
The North Carolina Division of Coastal Management has reviewed the above-rcfcreneed application for a
Nationwide permit dated September 6, 1995 pursuant to Section 307 of the coastal Zone Management Act
of 1972 as amended. Based upon our review, we have determined that the proposed activity is consistent
with the North Carolina Coastal Management Program provided the following conditions are met:
The activity described in the above-referenced application qualifies to receive one of the
Nationwide Permits described in 33 CFR Part 330 with the exception of Numbers 17, 21,
24, and 34 which were found inconsistent with the North Carolina Coastal Management
Program.
2. A 401 Water Quality Certification is received, whero required, from the North Carolina
Division of Environmental Management.
This letter does not relieve you of the responsibility to insure that all other State authorization and/or
permit requirements are met prior to implementation of the project. Please feel free to contact me at (910)
395-3900 if you have any questions or need further assistance.
Sincerely,
C. Robert Stroud, Jr.
District Manager
w: Preston P. Pate, Jr., DCM
Steve Benton, Consistency Coordinator
Wilmington. District Engineer; ATTN: CESAW-CO-E
John Dorney, DEM/Raleigh
127 Cardinal Drive Extension, Wilmington, N_C. 28405-3845 • Telephone [phone] a Fax [phone]
An Equal Opportunity Affirmative Action Employer
_ NOV 09 '95 12:11PM y1e 350 061F3 P.2i3P.02
MOO-05^95 THU 11=44 rm LAt4nmrj K
?r~ J
pKPARTMEW OF THE ARMY
W ILMIN4iYOM DISTRICY CORPS OF VNGIKEERS ,
P_O. SOX iBAD
6w'a Wil.MieaCi?'ON, NORTH GAIiOLINA 282-1890
R6P?Y TO
QATT9W(K)4CF
November 3, 1895 _
Regulatory Branch
Action YD 00, 199505770 and Nationwide pewit 140, 26
Liberty lpa elpc?4rs..? LLC~ '
1=10.- mr. Chris -Stephens
post off C0 n,>c 4127
wilmi.ngt0 , North Carolina' 28406
Bear Mr. sl:agxaaa1?-
Reference your appli?%dtion of September 6, 1995, for Departmwa Of the
erfill garnurda into 1.5
Army (DA) authoritative to discharge
wetlands, located above m*nt on your property located on the west
e0tabliak?inJ a residential develog ad
;ttab
aide of sf+uth collage Road (NC HighwayC132) . south of Chapara Drive, In
Wilmington, Ne?? Ly, North For the purposes of the Corps of Engineers, Regulatory Program, Fedezal nationwide permit iished In the FedernlCRe31, Code giat•er nnfNo ember 22, 1991, (CFI2).
Fait 330.6, pub
Aus=YSOri2ation, pureuane to Section 404 of the Clean Water r<#Ct, was provided by
nationwide Permit No. 26 for dig chaxgea of dredged or fill matcrial into
headwaters ahd isolated water.
Your work, located in the coastal azea, is authorized by this nationwide
permit
provided e encl it isonditiooi si aand anywrequiredtrict cStatecauthorizatior?. Ated osed plrxnls, M to
termxilation is recluircd from the North carolirza Division of
c4x,aiatetaey determi
coastal Management (NCDCM). contact Mr. Steve Benton, telephone
(919) 7?13-2293 for Ohio oonciateney determination. A Section 401 Wate3
q aaliL•y certification 1.s also required from the North Carolina DiviBi04x Of
Ezxvi>:onmental Mattag°ment- Contact Mx. John oox iicy, telephone [phone]$6
for this certifieaLi.on. Th;La nationwide permit does not relieve you of the
-F,bnuibility to obLai.r any other required State or local approval.
This ver1fication will be valid until the nationwide permit is modified,
rwlssued or revoked. which will occur prior to January il, 1997. It is
incuvo}Gnt upon you to remain unformed of changes to the nationwide s , or
Which will be announced by pubiie not? ca when they occur. date: the conacmmenc nance
ar.? under. contract to cormneace, thi: aCtivity before the permit is modified or revoked, you will have twelve: months from tive date
the modification or revocation, to complete the activity under the present
termt4 and conditions of this nationwide permit-
HMO on AKVd- Pape,
NOV 09 '95 12:12PM . 910 350 pl`,10 P.3/3r-'.0
IAL-,V-a!'3-59 TH11 ! 7 _ -a te. w j LA R " RK
.state of North C0011na
IDop$rtmtant of Environment.
Health and Natural ResourcOS AT4 1111
Wilmington Regional Cfflce
Division of CO3SW Management
James s. Hunt, Jr., Governor
Jonathan B. Howes, S*0r8mrY
Roger N. Schecter, Director
October 20, 1995
Ms. Margaret Gray
I-D31YP-IIY DM-LOP.ERS
P. O. Box 4127
Wilwi,agton, NC 28406
A.ctioa ID# 199505770, Nationwide Ilermit p fiC#40 (NW #26)
RE; GIE0Rrb--TGWNE, South Collei a Ito" N t- County
Dear Ms. Ckay:
.nc North. Carolina Divir, on of Coastd Management has reviewed the above?reforeoccd application for a
Nationwide permit dated Septemlxr 6, 1995 pursuant to Section 307 of the CoastaJ 7,one Maaagernent Act
of 1972 as awendcd. Bood upon our review, we bavc determiwd that the proposed. activity is coosistcnc
with the NoRlh Carolina Coastal Manapment program provided the following conditions are mot:
Tile activity deseritxd in the atvv0-ro£er*Aaad applie-160a cmUfiea to rtweive one of the
Nationwide pox=its described in 33 CFR part 330 with, the txception of Numbom 17, 21,
24, and 34 which were fouad inconsistent with the Nurth Carolina Coastal Managemeat
Program.
2. A 441 Water Quality Certification is received. whexa rrqulmd, tiom the North Carolina
]]ivision of Environmental Management.
This letter da.s not reticva you of the respouBibility to insv= that all other State authorivdir n aoalor
perulit requirements art met prior to implemelatation of the project. please feel free to contact me at (910)
395-3900 if you have auy questions or nad ttirther assistance.
Sincerely,
0, ?kav
C. Robert Stroud, Jr.
District Manager
Pxc4ton P. Pate, It., DCM
Steve Benton, Consistency Coordiustor
Wamingto,u'Aistrict Engim=r; AT1,'N: CESAW-CO-E
John Dorney, DEWRaleigh
127 Cardinal Drive Extensiar,, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax s1o•350•2004
An Equal Opportunity Affirmative Action Employer
NOV 09 195 12:11PM 91 0 350 0610 P. 1i3P- e?
MuV-09--45 THU 11 _44 HI.1 LA 114ARK
A
F+ax # 9101350-0610
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Fax Tr2mulittfil
MI. &216
Deliver To: "? 1 r
Company.
Total Humber of Pages: (including Cover Sheet)
message:

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? H(r; --?> -?).

If you do sot receive all Pees or have guy problem till 910/392 ' 3Sx8.
State of North Carolina
Department of Environment,
Health and. Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
APPROVAL of 401 Water Quality Certification
Mr. Chris Stephens
Liberty Developers Inc.
P.O. Box 9127
Wilmington, NC 28406
Dear Mr. Stephens:
A LT
14
??A
C)EHNR
November 6, 1995
New Hanover County
DEM Project # 95963
°O `.
You have our approval to place fill material in 1.54 acres of wetlands or waters for the purpose
of constructing a road and residential lots at the west side of S. College Road between Samsara Estates
and the driving range, as you described in your application dated 11 September 1995. After reviewing
your application, we have decided that this fill is covered by General Water Quality Certification
Number 2671. This certification allows you to use Nationwide Permit Number 26 when it is issued by
the Corps of Engineers.
This approval is only valid for the purpose and design that you described in your application. If
you change your project, you must notify us and you may be required to send us a new application.
For this approval to be valid, you must follow the conditions listed in the attached certification. In
addition, you should get any other federal, state or local permits before you go ahead with your
project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing,
send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the
Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and
its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Environmental Management under Section 401
of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-1786.
Sincerely,
reston Howard, E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
New Hanover DEM Regional Office
Mr. John Domey
Central Files
95963.1tr
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper

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14 1-% DEM ID: 9J 9 ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit: 26 (G e o r g e t o w n e)
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WM IINGTON DISTRICT ENGINEER WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAGEMENT
DEPARTMENT OF THE ARMY NC DEPAMMENT OF LTH, _
P.O. Box 1890 AND NATURAL RESOURCES r
Wilmington, NC 28402-1890 P.O. Box 29535
ATTN. CESAW-CO-E Raleigh, NC 27626-0535.
Telephone [phone] ATM. MR. JOHN DORNEY Ulu
,
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEMRS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N .C. DIVISION OF ENVIRONMENTAL MANAGEMENT:
PLEASE PRINT:
1. Owners Name: LIBERTY DEVELOPERS, LLC
2. Owners Address: P.O. BOX 4127 WILMINGTON, NC 28406
3. Owners Phone Number (Home): (Work): [phone]
4. If Applicable: Agent's name or responsible corporate official, address, phone number.
Chris Stephens
(see above)
.5. Location of work (MUST ATTACH MAP). County: ANEW HANOVER
.Nearest Town or City: WILMINGTON
Specific Location (Include road numbers, landmarks, etc.): ON WFgT STT-)F OF SOUTH C0T.T,FGF RFTWF.F.N
SAMSARA ESTATES & THE DRIVING RANGE
6. Name of Closest StreanvRiver nApwAiznc ruFFv r_cc,
7. River Basin: CAPE FEAR
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS H? YES [ ] NO ]
9. Have any Section 404 permits been previously requested for use on this property? - YES [ ] NO 91
- -
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: 1.54AC
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: 1.54AC
Drained:
Flooded:
Excavated
Total Impacted: 1.5 4 AC

12. Description of proposed work (Attach PLANS-81/2"X 11" drawings only): ArrFCC To -Tx cTmr_r F zAMiTv
HOMESITES.
13. Purpose of proposed work: ACCESS AND UTILIZATION TO PREDOMINATELY HIGH GROUND.
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts. WETLANDS PRECLUDE ACCESSABILITY. ALSO, ISOLATED POCKET IS A
DECLINING LOW VALUE WETLAND.
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service
(NMFS) regarding the presence or any Federally listed orploposed forlisting endangered orthreatened species or critical
habitat in the permit area that may be affected by the proposed project. Have you done so? YES [x] NO [ l
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the presence of historic
properties in the permit area which may be affected by the proposed project? Have you done so? YES [x ] NO [ ]
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. Additional information required by DEM:
A. Wetland delineation map showing all wetlands, streams, and lakes on the property.
B. If available, representative photograph of wetlands to be impacted by project
C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the
delineation line.
-----D. 1f -a--stormwater management-planis_recli ired-for this project, attach copy. E. What island use of surrounding property? -q-Pr MR R. =-VPrT Ar - ----- F. If applicable, what is proposed method of sewage disposal? COUNTY SYSTEM
9s
Owner's Si Date
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