HomeMy WebLinkAbout20090047BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Paul Branham, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR-1677
APPLICANT: High Plains Disposal, Inc
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and a Special Review Permit for Oil and Gas
Support Facility (Class II - Oilfield Waste Disposal Facility) in the A (Agricultural)
Zone District.
LEGAL DESCRIPTION: Lots A and B of RE -4049; located in Part NE4 of Section 24, T3N, R66W of the
6th P.M., Weld County, Colorado.
LOCATION: South of and adjacent to CR 32 and approximately 1/2 mile east of CR 35.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section
23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-5-100.A (OG.Goal 5. ) states "Oil and gas support facilities decisions which do not
rely on geology for locations shall be subjected to review...." This proposal has been
reviewed by the appropriate referral agencies and it has been determined that the attached
Conditions of Approval and Development Standards ensure that there are adequate
provisions for the protection of the health, safety and welfare of the inhabitants of the
neighborhood and county. A screening plan and lighting plan are attached as conditions of
approval to address the impacts of the proposed use.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural)
Zone District. Section 23-3-40.A.2 of the Weld County Code provides for Oil and Gas Support
and Service as a Use by Special Review in the A (Agricultural) Zone District.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses. The proposed site is bordered by an existing compressor station
(approved under AMUSR-1067) to the north, an existing single family residence is located 1/4
mile to the northeast, an existing mobile home is located approximately 1/8 to mile to the
south of the site, parcels with existing oil and gas production facilities are located immediately
to the east and west of the site. Development Standards and Conditions of Approval will
ensure compatibility with existing surrounding land uses.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The existing site does not lie within the three mile referral area of any
municipality.
E. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld County Code.
The existing site is not within a recognized overlay district, including the Geologic Hazard,
Flood Hazard or Airport Overlay District. The existing site is within the County -wide Road
Impact Fee Area and the Capital Expansion Impact Fee Area. Effective January 1, 2003,
Building Permits issued on the proposed lots will be required to adhere to the fee structure of
the County Road Impact Program. (Ordinance 2002-11). Effective August 1, 2005, Building
2009-0047
Resolution USR-1677
High Plains Disposal, Inc
Page 2
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Permits issued on the proposed lots will be required to adhere to the fee structure of the Capital
Expansion Impact Fee and the stormwater/drainage impact fee. (Ordinance 2005-8 Section 5-8-40)
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use. The site is classified as
"Other" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map.
The size of the parcel also does not make it conducive to agricultural practices.
G. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County Code),
Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and
Development Standards ensure that there are adequate provisions for the protection of
health, safety, and welfare of the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. The plat shall be prepared per Section 23-2-260.D of the Weld County Code. (Department of
Planning Services)
B. All sheets of the plat shall be labeled USR-1677. (Department of Planning Services)
C. The plat shall be amended to delineate the following:
1) The attached Development Standards. (Department of Planning Services)
2) The approved landscape plan. (Department of Planning Services)
3) County Road 32 is designated on the Weld County Road Classification Plan as a
local paved road, which requires 60 -feet of right-of-way at full build -out. The applicant
shall verify the existing right-of-way and the documents creating the right-of-way.
Existing and/or future right-of-way shall be identified. (Department of Public Works)
4) The approved lighting plan. (Department of Planning Services)
5) The internal road shall enter County Road 32 at a 90 -degree angle for one vehicle
length. (Department of Public Works)
D. All required Air Emissions Permits must be filed with the Air Pollution Control Division,
Colorado Department of Public Health and Environment. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department of
Public Health and Environment)
E. A Ground Water Monitoring Plan shall be submitted to the Weld County Health
Department of Public Health and Environment for review and approval. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Public Health and Environment)
F. If appropriate, a Storm Water Discharge Permit shall be submitted to the Colorado
Department of Public Health and Environment for review and approval. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Public Health and Environment)
Resolution USR-1677
High Plains Disposal, Inc
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G. The applicant shall address the requirements (concerns) of the Weld County Department
of Public Works, as stated in their referral response dated November 7, 2008. Evidence of
such shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Public Works)
H. The applicant shall enter into on -site (private) road maintenance agreement and post
adequate collateral for access, drainage and landscape/screening improvements. The
agreement and form of collateral shall be submitted for and reviewed by the Departments of
Planning Services and Public Works and accepted by the Board of County Commissioners
prior to recording the Use by Special Review plat. Or the applicant may submit evidence that
all work has been completed and approved by the Departments of Public Works and
Planning Services. (Departments of Public Works and Planning Services)
The applicant shall submit a Landscape Plan to the Department of Planning Services for
review and approval. The landscape plan shall address screening of the facility from the
nearest residence located to the south of the site. (Department of Planning Services)
J. A lighting plan, including cut sheets of the intended lights, shall be provided to the
Department of Planning Services for review and approval. The lighting plan shall adhere to
the lighting requirements for off-street parking spaces per Section 23-4-30.E of the Weld
County Code and shall adhere to the lighting requirements in accordance with Section 23-3-
360.F and 23-2-250.D of the Weld County Code. Further, the approved lighting plan shall be
indicated on the plat. (Department of Planning Services)
K. The applicant shall submit an agreement between the surface developer and the mineral
owners and/or lessees or provide evidence that an adequate attempt has been made to
mitigate their concerns. (Department of Planning Services)
L. The applicant shall attempt to address the comments of the Platte Valley Soil
Conservation District as stated in their referral received October 27, 2008. Written evidence
of such shall be provided to the Department of Planning Services. (Platte Valley Soil
Conservation District)
M. The applicant shall address the requirements of the Department of Planning Services
Landscape referral dated October 10, 2008. Written evidence of such shall be provided to the
Department of Planning Services. (Department of Planning Services)
2. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld
County Department of Planning Services. (Department of Planning Services)
3. Upon completion of 1. above the applicant shall submit a Mylar plat along with all other documentation
required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County
Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat
and additional requirements shall be submitted within sixty (60) days from the date of the Board of
County Commissioners resolution. The applicant shall be responsible for paying the recording fee.
(Department of Planning Services)
4. The Department of Planning Services respectively requests the surveyor provide a digital copy of
this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format
type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This
digital file may be sent to maps(W,co.weld.co.us. (Department of Planning Services)
5. Prior to the Release of Building Permits:
Resolution USR-1677
High Plains Disposal, Inc
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A. A building permit shall be obtained prior to the construction of any new building, tanks or
support facilities. (Department of Building Inspection)
B. A building permit application must be completed and two complete sets of plans including
engineered foundation plans bearing the wet stamp of a Colorado registered architect or
engineer must be submitted for review. A geotechnical engineering report performed by a
registered State of Colorado engineer shall be required. (Department of Building Inspection)
C. Buildings shall conform to the requirements of the various codes adopted at the time of
permit application. Currently the following codes have been adopted by the County and are
being enforced: The 2006 International Building, Residential, Plumbing, Mechanical, Fuel
Gas and Energy Conservation Codes, the 2008 National Electrical Code. (Department of
Building Inspection)
D. A plan review shall be approved and a permit must be issued prior to the start of
construction. (Department of Building Inspection)
E. The applicant shall address the requirements of the Platteville/Gilcrest Fire Protection District
as stated in their referral dated October 20, 2008. Written evidence of such shall be provided
to the Department of Planning Services. (Platteville/Gilcrest Fire Protection District)
F. A concrete secondary containment structure (floor and walls) surrounding each tank or
battery of tanks shall be constructed. The volume retained by the structure shall be 150%
greater than the volume of the largest tank inside the structure. A registered professional
engineer shall design the structure. The structure shall prevent any release from the tank
system from reaching land or waters outside of the containment area. The operator shall
provide evidence from the engineer to the Weld County Department of Public Health and
Environment and Planning Services that the structure has been constructed to meet this
criterion. (Department of Public Health and Environment)
G. A detailed design of the "concrete unloading pad" shall be submitted to the Weld County
Department of Public Health & Environment for review and approval. The design shall
demonstrate how all spilled wastes, stormwater and wash down water will be contained within
the receiving area and concrete sump. The design shall also include the method in which
seams will be sealed to prevent leakage through the pad. A leak detection system shall be
designed and installed beneath the "concrete unloading pad". The "concrete unloading pad"
shall be constructed and operated in accordance with the approved design. (Department of
Public Health and Environment)
H. The applicant shall submit evidence to the Weld County Departments of Public Health and
Environment and Planning Services and the Colorado Oil and Gas Conservation Commission
that the facility was constructed in accordance with the application materials. (Department of
Public Health and Environment)
A copy of the drilling log shall be submitted to the Weld County Department of Public Health
and Environment. (Department of Public Health and Environment)
J. An individual sewage disposal system (I.S.D.S.) permit is required for sewage flow from the
proposed operations building. The system must be designed by a Colorado Registered
Professional Engineer and in accordance with Weld County I.S.D.S. regulations. The design
must be submitted to the Weld County Department of Public Health and Environment for
review and approval prior to installation. (Department of Public Health and Environment)
K. Solids and sediment will accumulate in the storage tanks. The facility shall submit a detailed
plan that describes the method those solids will be removed, including all on -site handling
procedures and disposal. Any amendments to the approved plan shall be submitted in writing
Resolution USR-1677
High Plains Disposal, Inc
Page 5
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to the Weld County Department of Public Health and Environment for approval. The plan
shall be reviewed and approved by the Department of Public Health and Environment.
(Department of Public Health and Environment)
L. A detailed closure plan shall be submitted to the Department of Public Health and
Environment and the Colorado Oil and Gas Conservation Commission. The closure plan
shall include a description of the manner in which the well will be plugged and abandoned, as
well as specific details regarding reclamation of the property. No structures or equipment
associated with the facility shall remain on the property following closure. (Department of
Public Health and Environment)
M. The facility shall post financial assurance with the Colorado Oil and Gas Conservation
Commission (COGCC). The financial assurance shall be adequate to cover a third -party
closure of the facility, including the plugging and abandonment of the well, in accordance with
industry standards, and the removal of all structure (including concrete) on the facility. The
site shall be returned to its original grade. In the event the COGCC does not have the
authority to require financial assurance for the entire cost required for third -party closure, the
facility shall post the remainder of the financial assurance with Weld County. The facility shall
submit evidence to the Weld County Departments of Public Health and Environment and
Planning Services that the appropriate financial assurance has been obtained. (Department
of Public Health and Environment)
6. Prior to Final Approval of Building Permits:
A. The applicant shall submit evidence to the Weld County Department of Public Health and
Environment, Weld County Planning Services and the Colorado Oil and Gas Conservation
Commission (COGCC) that the facility was constructed in accordance with application
materials.. (Department of Public Health & Environment)
Motion seconded by Roy Spitzer.
VOTE:
For Passage
Robert Grand
Bill Hall
Tom Holton
Doug Ochsner
Against Passage Absent
Erich Ehrlich
Roy Spitzer
Paul Branham
Mark Lawley
Nick Berryman
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioners for further proceedings.
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CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on December 16, 2008.
Dated the 16th of December, 2008.
Kristine Ranslem
Secretary
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1. The Site Specific Development Plan and Special Review Permit for an Oil and Gas Support Facility
(Class II Oilfield Waste Disposal Facility) in the A (Agricultural) Zone District and subject to the
Development Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur. (Department of Public Health and Environment)
4. A manager, knowledgeable in operating an injection well, shall be on site when the facility is
receiving waste. (Department of Public Health and Environment)
5. Any individual sewage disposal system (I.S.D.S.) on the property shall be permitted, installed,
maintained and operated in compliance with all provisions of the Weld County Code, pertaining to
I.S.D.S. (Department of Public Health and Environment)
6. Adequate drinking water, hand washing, and toilet facilities shall be provided. (Department of
Public Health and Environment)
7. No disposal of waste other than Class II, as defined by the Environmental Protection Agency, is
permitted. Any changes from the approved Class II use would require an amendment to this Special
Review permit. (Department of Public Health and Environment)
• 8. Any wastes generated on the facility shall be disposed in accordance with the Colorado solid Waste
Act, Section 30-20-100.5, C.R.S., or other appropriate rule, regulation, or law. (Department of Public
Health and Environment)
9. The maximum permissible noise level shall not exceed the industrial limit of 70 dB(A), as meaared
according to Section 25-12-103, CRS. (Department of Public Health and Environment)
10. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of
Public Health and Environment)
11. All chemicals stored on -site must be stored secure, on an impervious surface, and in accordance with
manufacturer's recommendations. (Department of Public Health and Environment)
12. The facility shall comply with Colorado Air Quality Control Commission Regulations and any air
permits issued by the Colorado Department of Health and Environment Air Pollution Control Division.
(Department of Public Health and Environment)
13. All liquid wastes received at the facility shall be unloaded on the unloading pad. The concrete
unloading pad shall be cleaned at a frequency that prevents oils and other wastes from building up on
the pad. At a minimum, the pad shall be pressure washed daily to remove any waste build-up.
During winter months, the facility shall maintain the unloading pad free of ice. (Department of Public
Health and Environment)
14. Any analysis of waste shall be forwarded to the Weld County Health Department, Environmental
Health Services Division. The Division reserves the right to require additional, more extensive
monitoring at a later date. (Department of Public Health and Environment)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
High Plains Disposal, Inc.
USR-1677
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Resolution USR-1677
High Plains Disposal, Inc
Page 8
15. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-
100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects
against surface and groundwater contamination. (Department of Public Health and Environment)
16. Any petroleum -contaminated soils on the facility shall be removed, treated or disposed in accordance
with all applicable rules and regulations. (Department of Public Health and Environment)
17. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may be
reason for revocation of the Permit by the Board of County Commissioners. (Department of Public
Health and Environment)
18. The facility shall comply with the approved groundwater monitoring plan. (Department of Public Health
and Environment)
19. All storm water, which has come into contact with waste materials on the site, shall be confined on the
site. In the event that storm water is not adequately controlled on the site, upon written notification
from the Weld County Department of Public Health and Environment or the Colorado Department of
Public Health and Environment, a comprehensive site -wide storm water plan shall be developed and
implemented. The plan must be approved, in writing prior to implementation by the Weld County
Department of Public Health and Environment and the Colorado Department of Public Health and
Environment. (Department of Public Health and Environment)
20. All contaminated soils shall be stored on an impervious surface where any stormwater that comes into
contact with the soils would be contained. (Department of Public Health and Environment)
21. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
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22. No parking or staging of commercial vehicles shall be allowed on County roads. (Department of
Public Works)
23. The maximum number of employees employed at the site shall be six (6). (Department of Planning
Services)
24. The access shall be a graded and drained road to provide all-weather access. (Department of Public
Works)
25. Buildings shall conform to the requirements of the various codes adopted at the time of permit
application. Currently the following has been adopted by Weld County: 2006 International Building
Code; 2006 International Residential Code; 2006 International Mechanical Code; 2006 International
Plumbing Code; 2006 International Fuel Gas and Energy Code; and the 2008 National Electrical Code
and Chapter 29 of the Weld County Code.
(Department of Building Inspection)
26. Hauling hours shall be limited to 7:00AM until 10:00PM daily. (Department of Planning Services)
27. The landscaping/screening on site shall be maintained in accordance with the approved
Landscape/screening Plan. (Department of Planning Services)
28. Sources of light, including light from high -temperature processes such as combustion or welding,
shall be shielded so that light rays will not shine directly onto ADJACENT properties where such
would cause a nuisance or interfere with the USE on the ADJACENT properties; and Neither direct
nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on
PUBLIC or private STREETS and no colored lights may be used which may be confused with or
construed as traffic control devices. (Department of Planning Services)
Resolution USR-1677
High Plains Disposal, Inc
Page 9
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29. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee
structure of the County wide Road Impact Fee Program. (Department of Planning Services)
30. Effective August 1, 2005, Building Permits issued on the proposed lots will be required to adhere to
the fee structure of the Capital Expansion Impact Fee and the stormwater/drainage impact fee.
(Ordinance 2005-8 Section 5-8-40)
31. The Special Review activity shall not occur nor shall any building or electrical permits be issued on
the property until the Special Review plat is ready to be recorded in the office of the Weld County
Clerk and Recorder. (Department of Planning Services)
32. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code. (Department of Planning Services)
33. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code. (Department of Planning Services)
34. Personnel from Weld County Government shall be granted access onto the property at any
reasonable time in order to ensure the activities carried out on the property comply with the
Development Standards stated herein and all applicable Weld County regulations. (Department of
Planning Services)
35. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing
standards and all applicable Weld County regulations. Substantial changes from the plans or
Development Standards as shown or stated shall require the approval of an amendment of the Permit
by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office of the
Department of Planning Services. (Department of Planning Services)
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36. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may be
reason for revocation of the Permit by the Board of County Corn missioners. (Department of Planning
Services)
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, December 16, 2008
A regular meeting of the Weld County Planning Commission was held in the Southwest Weld County
Conference Room, 4209 CR 24.5, Longmont, Colorado. The meeting was called to order by Chair, Doug
Ochsner, at 1:30 p.m.
ROLL CALL ABSENT
Doug Ochsner - Chair
Tom Holton - Vice Chair
Nick Berryman
Paul Branham
Robert Grand
Bill Hall
Mark Lawley
Roy Spitzer
Erich Ehrlich
Also Present: Chris Gathman, Michelle Martin, Department of Planning Services; Janet Carter, Department of
Public Works; Lauren Light, Department of Health; Bruce Barker, County Attorney, and Kris Ranslem,
Secretary.
Robert Grand moved to approve the December 2, 2008 Weld County Planning Commission minutes,
seconded by Mark Lawley. Motion carried.
CASE NUMBER: USR-1677
APPLICANT: High Plains Disposal, Inc
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and a Special Review Permit for Oil and Gas
Support Facility (Class II - Oilfield Waste Disposal Facility) in the A (Agricultural)
Zone District.
LEGAL DESCRIPTION: Lots A and B of RE -4049; located in Part NE4 of Section 24, T3N, R66W of the
6th P.M., Weld County, Colorado.
LOCATION: South of and adjacent to CR 32 and approximately'/ mile east of CR 35.
The Chair asked Mr. Gathman if he wishes for this case to remain on consent. Mr. Gathman replied yes.
The Chair asked if the applicant was available and if they wish for this case to remain on consent. The
applicant replied that they do wish for this case to remain on consent.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
The Chair asked if there were any Commissioners who wish to pull this case from the consent agenda to be
heard. No one wished to speak.
Paul Branham moved that Case USR-1677, be forwarded to the Board of County Commissioners along with
the Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, seconded by Roy Spitzer. Motion carried unanimously.
The Chair commented that the next two cases are hearing items. He added that the Planning Commission will
hear them simultaneously and vote on them separately.
Robert Grand commented that he is a member of the school board for School District RE -3J. He stated that
he believes he can hear the cases and be fair and objective in the matter.
The Chair asked if any of the Planning Commissioners had any objection to Mr. Grand hearing the case. No
one wished to speak.
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