HomeMy WebLinkAbout20092885.tiffSTATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: (303) 866-3567
FAX: (303) 832-8106
Notice of 112c Construction Materials
Reclamation Permit Partial Acreage Release Request Consideration
DATE: October 23, 2009
TO:
Weld County Commissioners
County Commissioner
915 10th St
Greeley, CO 80631 / .
L(
FROM: Eric C. Scott, Environmental Protection Specialist
COLORADO
DIVISION OF
RECLAMATION
MINING
SAFETY
Bill Ritter, Jr,
Governor
Harris D. Sherman
Executive Director
Ronald W. Cattany
Division Director
Natural Resource Trustee
RE: City & County of Denver acting by & thru Bd of Water Comms , Lupton Lakes Resource, Permit No.
M-2004-078
Please be advised that on October 16, 2009, City & County of Denver acting by & thru Bd of Water Comms , whose
address and telephone number are 1600 W 12th Ave. Mail Code 520, Denver, CO 80204; (303) 628-6669, submitted
a request for partial acreage release for the Lupton Lakes Resource, Permit No. M-2004-078. The construction
materials extraction operation is located at or near Section 19, Township IN, Range 66W, 06th Prime Meridian, in
Weld County.
Written comments or objections to the release may be submitted to, and additional information obtained from, the
Division of Reclamation, Mining and Safety, 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-
3567. Comments or objections should be submitted as soon as possible. The Division is required to wait 30 days after
the release decision is made to allow for comments or objections.
131 i c Cut EZv
l//o_/opt
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2009-2885
Office of
Mined Land Reclamation
Denver • Grand Junction • Durango
)7,,, a epo y- r7i
CONSTRUCTION MATERIALS
REGULAR (112) OPERATION
RECLAMATION PERMIT APPLICATION FORM
RECEIVED
DEC 0 9 2004 .V.
Division of Minerals and Geology
CHECK ONE: There is a File Number Already Assigned to this Operation
Permit # M - - - (Please reference the file number currently assigned to this operation)
X New Application
pp (Rule 1.4.5) Amendment Application (Rule 1.10)
Conversion Application (Rule 1.11)
Permit # (provide for Amendments and Conversions of existing permits)
The application for a Construction Materials Regular 112 Operation Reclamation Permit contains three major parts: (1) the application
form; (2) Exhibits A -S, Addendum 1, any sections of Exhibit 6.5 (Geotechnical Stability Exhibit; and (3) the application fee. When you
submit your application, be sure to include one (I) complete igned and notarized ORIGINAL and one (I) copy of the completed
application form, two (2) copies of Exhibits A -S, Addendum 1, appropriate sections of 6.5 (Geotechnica] Stability Exhibit, and a check for
the application fee described under Section (4) below. Exhibits should NOT be bound or in a 3 -ring binder, maps should be folded to
8 1/2" X 11" or 8 1/2" X 14" size. To expedite processing, please provide the information in the format and order described in this form.
GENERAL OPERATION INFORMATION
Type or print clearly, in the space provided, ALL information requested relow.
L Applicant/operator or company name (name to be used on permit): SW TKO JOINT VENTURE, LLC ✓
1.1 Type of organization (corporation, partnership, etc.): COLORADO LIMITED LIABILITY COMPANY
1.2 I.R.S. Tax I.D. No. or Social Security Number: 20-1281239
2. Operation name (pit, mine or site name): LUPTON - LAKES RESOURCE
3. Permitted acreage (new or existing site):
3.1 Change in acreage (1-)
3.2 Total acreage in Permit area
4. Fees:
4.1 New Application
4.2 New Quarry Application
4.4 Amendment Fee
4.5 Conversion to 112 operation (set by statute)
361 permitted acres
acres
3 61 acres
$2,344.00
$2 906.00
$1,938.00
$2,344.00
5. Primary commodide(sLto be mined: SAND GRAVEL FILL MATERIAL
application fee
quarry application
amendment fee
conversion fee
5.1 Incidental corn moditie(s) to be mined: I. N/A lbs/Tons/yr 2. / Ibs/Tons/vr
3. / lbs/Tons/yr 4. / lbs/Fans/yr 5. /
5.2 Anticipated end use of primary commoditie(s) to be mined: CONSTRUCTION MATERIALS
5.3 Anticipated end use of incidental commoditie(s) to be mined: N/A
lbs/Tons/yr
6. Name of owner of subsurface rights of affected land: REFER TO EXHIBIT 0
If 2 or more owners. "refer to Exhibit 0".
7. Name of owner of surface of affected land: SW TKO JOINT VENTURE, LLC
8. Type of mining operation:
X
Surface
Underground
9. Location Information: The center of the area where the majority of mining will occur:
COUNTY: WELD
PRINCIPAL MERIDIAN (check one): X 6th (Colorado) 10th (New Mexico)
SECTION (write number): S 19
TOWNSHIP (write number and check direction): T I R North
RANGE (write number and check direction): R 66 East
QUARTER SECTION (check one): X NE NW . SE SW
South
X West
Ute
QUARTER/QUARTER SECTION (check one): NE NW _ SE __ SW
GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation):
APPROXIMATELY ONE MILE SOUTH OF THE CITY OF FORT LUPTON, BETWEEN HWY 85 AND NCR 27,
APPROXIMATE ELEVATION: 4940
10. Primary Mine Entrance Location (report in either Latitude/Longitude or UTM):
Latitude/Longitude
Latitude (N): deg min sec OR Latitude (N) (5 decimal
places)
Longitude (W): deg min sec _ Longitude(W) (5 decimal places)
Universal Tranverse Mercator (UTM)
UTM Datum (specify NAD27, NAD83 or WGS 84) WGS 84 Zone 13T
Northing 4432309
Easting 515795
II. Primary future (Post -mining) land use (check one"
Cropland(CR) Pastureland(PL)
Rangeland(RL) __ Forestry (FR)
Residential(RS) Recreation(RC)
X Developed Water Resources(WR)
12. Primary present land use (check one):
Cropland(CR)
Rangel and(RL)
Residential(RS)
Pastureland(PL)
Forestry(FR)
Recreation(RC)
Developed Water Resources(WR)
General Agriculture(GA)
Wildlife Habitat(WL)
_ Industrial/Commercial(IC)
Solid Waste Disposal(WD)
General Agriculture(GA)
Wildlife Habitat(WL)
Industrial/Com mercial(IC)
13. Method of Mining: Briefly explain mining method (e.g. truck/shovel): MINING WILL BE CONDUCTED USING TRUCKS,
SCRAPERS, AND LOADERS. THE PRODUCT WILL BE PROCESSED ON SITE.
14. Correspondence Information:
APPLICANT/OPERATOR (name, address, and phone of name to be used on permit)
Contact's Name:
Company Name:
Street/P.O. Box:
City:
State:
Telephone Number:
Fax Number:
MARK D. CAMPBELL or-RUSS OTTERSTEIN Title: MANAGERS.
SW TKO JOINtVENTURE, LLC
333 W. HAMPDEN AVE., STE. 810
ENGL.EWOOD
P.O. Box:
COLORADO Zip Code: 80110
(303 1_ 534-1040 (Mr. Campbell)
f303 )_ 534-6700
PERMITTING CONTACT (if different from applicant/operator above)
Contact's Name: DANNA ORTIZ Title: PLANNER
Company Name: CIVIL RESOURCES, LLC
Street/P.O. Box: 45 L .0A1CST i ; STE. 209 P.O. Box: 680
City: FREDERICK
State: COLORADO Zip Code: 80530
Telephone Number: ( 303 )- 833-1416, eat. 31
Fax Number: f 303 )- 833-2850
INSPECTION CONTACT
Contact's Name: ERTC REC:RENTTNE Title: COLORADO LAND MANAGER
Company Name: LAFARGE WEST, INC., A SUBSIDIARY OF LAFARGE NA
Street/P.O. Box: 1400 W: 6th AVE. P.O. Box:
City: DENVER
State: COLORADO Zip Code: 80221
Telephone Number: ( 303 )- 657-4330
Fax Number: ( 303 ) _ 657-4037
CC: STATE OR FEDERAL LANDOWNER (if any)
Agency:
Street:
City:
State: Zip Code:
Telephone Number: f )-
CC: STATE OR FEDERAL LANDOWNER (if any)
Agency:
Street:
City:
State: Zip Code:
Telephone Number: f 1-
15. On Site Processing: % Crushing Screening ISNTALL DEWATERING TRENCH AROUND PERIMETER
III Briefly explain raining method (e.g. truck/shovel):
OF PRASE, STRIP TOPSOIL AND OVERBURDEN WITH SCRAPERS OR DOZERS, REMOVE AGGREGATE
Listarty a isT a 1 tibRtiAcRiN producing materials to be used or stored within permit area: 55 GAL DRUMS OF
ANTIFREEZE, HYDRAULIC OIL, ENGINE OIL, AND OTHER LUBRICANTS; 10,000 GAL TANK OF
DIESEL FUEL; AND 1,000 GAL TANK OF GASOLINE.
16. Description of Amen dment or Conversion:
If you are amending or converting an existing operation, provide a brief narrative describing the proposed change(s).
Maps and Exhibits:
Two (2) complete, unbound application packages must be submitted. One complete application package consists of a signed application
form and the set ofmaps and exhibits referenced below as Exhibits A -S, Addendum 1, and the Geotechnical Stability Exhibit. Each exhibit
within the application must be presented as a separate section. Begin each exhibit on a new page. Pages should be numbered consecutively
for ease of reference. If separate documents are used as appendices, please reference these by name in the exhibit
With each of the two (2) signed application forms, you must submit a corresponding set of the maps and exhibits as described in the
following references to Rule 6.4, 6.5, and 1.6.2(1)(6):
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D
EXHIBIT F.
EXHIBIT F
EXHIBIT G
EXHIBIT H
EXI IIBIT I
EXHIBIT I
EXHIBIT K
EXHIBIT L
EXHIBIT M
EXHIBIT N
EXHIBIT O
EXHIBIT
EXHIBIT Q
EXHIBIT R
EXHIBIT S
Rule 1.6.2(1)(6)
Rule 6.5
Legal Description
Index Map
Pre -Mining and Mining Plan Map(s) of Affected Lands
Mining Plan
Reclamation Plan
Reclamation Plan Map
Water Information
Wildlife Information
Soils Information
Vegetation Information
Climate Information
Reclamation Costs
Other Permits and Licenses
Source of Legal Right -To -Enter
Owners of Record of Affected Land (Surface Area) and Owners of Substance to be Mined
Municipalities Within Two Miles
Proof of Mailing of Notices to County Commissioners and Conservation District
Proof of Filing with County Clerk or Recorder
Permanent Man -Made Structures
ADDENDUM 1 - Notice Requirements (sample enclosed)
Geotechnical Stability Exhibit (any required sections)
The instructions for preparing Exhibits A -S, Addendum I, and Geotechnical Stability Exhibit are specified under Rule 6.4 and 6.5 and
Rule 1.6.2(I)(b) of the Rules and Regulations. If you have any questions on preparing the Exhibits or content of the information required,
or would like to schedule a pre -application meeting you may contact the Office at 303-866-3567.
Responsibilities as a Permittee:
Upon application approval and permit issuance, this application becomes a legally binding document. Therefore, there are a
number of important requirements which you, as a permittee, should fully understand. These requirements are listed below.
Please read and initial each requirement, in the space provided, to acknowledge that you understand your obligations. If you
do not understand these obligations then please contact this Office for a full explanation.
1. Your obligation to reclaim the site is not limited to the amount of the financial warranty. You assume legal
liability for all reasonable expenses which the Board or the Office may incur to reclaim the affected lands
associated with your mining operation in the event your permit is revoked and financial warranty is forfeited;
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2. The Board may suspend or revoke this permit, or assess a civil penalty, upon a finding that the permittee
violated the terms or conditions of this permit, the Act, the Mineral Rules and Regulations, or that information
contained in the application or your permit misrepresent important material facts;
3. If your mining and reclamation operations affect areas beyond the boundaries of an approved permit
boundary, substantial civil penalties, to you as pennittee can result;
4. Any modification to the approved mining and reclamation plan from those described in your approved
��/f application requires you to submit a permit modification and obtain approval from the Board or Office;
jlAtE 5. It is your responsibility to notify the Office of any changes in your address or phone number;
/1O111-7 6. Upon permit issuance and prior to beginning on -site mining activity, you must post a sign at the entrance of
the mine site, which shall be clearly visible from the access road, with the following information (Rule 3.1.12):
a. the name of the operator;
b. a statement that a reclamation permit for the operation has been issued by the Colorado Mined Land
Reclamation Board; and,
c. the permit number.
7. The boundaries of the permit boundary area must be marked by monuments or other markers that are clearly
visible and adequate to delineate such boundaries prior to site disturbance.
8. It is a provision of this permit that the operations will be conducted in accordance with the terms and
conditions listed in your application, as well as with the provisions of the Act and the Construction Material Rules
and Regulations in effect at the time the permit is issued.
44/444. Annually, on the anniversary date of permit issuance, you must submit an annual fee as specified by Statute,
and an annual report which includes a map describing the acreage affected and the acreage reclaimed to date (if
there are changes from the previous year), any monitoring required by the Reclamation Plan to be submitted
annually on the anniversary date of the permit approval. Annual fees are for the previous year a permit is held. For
example, a permit with the anniversary date ofJuly I, 1995, the annual fee is for the period ofJuly 1, 1994 through
June 30, 1995. Failure to submit your annual fee and report by the permit anniversary date may result in a civil
penahy, revocation of your permit, and forfeiture of your financial warranty. It is your responsibility, as the
permittee, to continue to pay your annual fee to the Office until the Board releases you from your total reclamation
NA0 d ` µr responsibility.
ilA c— 10. For joint venture/partnership operators: the signing representative is authorized to sign this document and a
power of attorney (provided by the partner(s)) authorizing the signature of the representative is attached to this
application.
Permit Condition:
ermiitCondition:
LAL A reportable spill is a spill of any toxic or hazardous substance (including spills of petroleum products) within
the
mined land permit area reportable to any Division of the Colorado Department of Public Health and the
Environment, the National Response Center, the Colorado Emergency Planning Commission, any local Emergency
Planning Commission, local Emergency Planning Committee, or the State Oil Inspector. The Mine Operator shall
notify the Division of Minerals and Geology (DMG) of a reportable spill within the mined land permit area using
the same timeframe required by the permit, license, notice, statute, rule or regulation governing the reporting of the
spill to the other appropriate agency. Notice of a reportable spill shall be FAXed to: Minerals Program Supervisor,
Division of Minerals and Geology, FAX (303) 832-8106. The FAX shall include a call-back number of a
responsible company official for DMG staff to use as a contact.
NOTE TO COMMENTORS/OBJECTORS:
It is likely there will be additions, changes, and deletions to this document prior to final decision by the Office. Therefore, if
you have any comments or concems you must contact the applicant or the Office prior to the decision date so that you will
know what changes may have been made to the application document.
The Office is not allowed to consider comments, unless they are written, and received prior to the end of the public comment
period. You should contact the applicant for the final date of the public comment period.
If you have questions about the Mined Land Reclamation Board and Office's review and decision or appeals process, you may
contact the Office at (303) 866-3567.
Signed:
Certification:
As an authorized representative of the applicant, I hereby certify that the operation described has met the minimum
requirements of the following terms and conditions;
1. To the best of my knowledge, all significant, valuable and permanent man-made structure(s) in existence at the time
this application is filed, and located within 200 feet of the proposed affected area have been identified in this application
(Section 34-32.5-115(4)(e), C.R.S.).
2. No mining operation will be located on lands where such operations are prohibited by law
(Section 34-32.5-1 15(4)(f), C.R.S.;
3. As the applicant/operator, l do not have any extraction/exploration operations in the State of Colorado currently in
violation of the provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials
(Section 34-32.5-120, C.R.S.) as determined through a Board finding.
4. I understand that statements in the application are being made under penalty of perjury and that false statements
made herein are punishable as a Class I misdemeanor pursuant to Section 18-8-503, C.R.S.
This form has been approved by the Mined Land Reclamation Board pursuant to section 34-32.5-f12,C.R.S., of the Colorado Land
Reclamation Act for the Extraction of Construction Materials. Any alteration or modification of/his form shall result in voiding any
permit issued on the altered or modified form and subject the operator to cease and desist orders and civil penalties for operating
without a permit pursuant to section 34-32-123, C.R.S.
Signed and dated this / S day of NOVEMBER
SW TKO JOINT VENTURE, LLC
Applicant/Operator or Company Namei j t /'
• MARK D.
BELL. �'�"✓ "`
Title: MANAGER
State of COLORADO
) ss.
County of ARAPAHOE
The foregoing instrument was acknowledged before me this _
by MARK D. CAMPBELL as MANAGER
NOTARY PUBLIC
STATE OF COLORADO
AMANDA L. MAZE
A'no nAshveAvsformAConswmion t12.doc (tn 2tp00J)
2004
If Corporation Attest (Seal)
Signed:
Corporate Secretary or Equivalent
Town/City/County Clerk
NOVEMBER 2004
day of
of SW TKO JOINT VENTURE, LLC
mano6xXii2
Notary Public My Commission expires: / �/
It j 7 a_30/
SIGNATURES MUST BE IN BLUE INK
EXHIBIT A - LEGAL DESCRIPTION
A PORTION OF THE E %Y OF SECTIONS 18, 19 AND 30, TIN, R66W OF THE 6TH P.M. COUNTY OF
WELD, STATE OF COLORADO MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF THE SE'/. SECTION 19, T1 N, R66W OF THE 6TH
P.M. FROM WHICH THE SE CORNER OF SAID SECTION 19 BEARS S89°53'18"E, A DISTANCE OF
335.00 FEET;
THENCE THE FOLLOWING SIX (6) COURSES THROUGH SAID SE Y4 OF SAID SECTION 19;
1. N00°03'00"W, A DISTANCE OF 260.00 FEET TO A POINT;
2. S89°53'18"E, A DISTANCE OF 126.00 FEET TO A POINT;
3. N00°03'00"W, A DISTANCE OF 400.10 FEET TO A POINT;
4. N89°53'18"W, A DISTANCE OF 204.00 FEET TO A POINT;
5, N00°03'00"W, A DISTANCE OF 300.00 FEET TO A POINT;
6. S89°53'18"E, A DISTANCE OF 383.00 FEET TO A POINT ON THE WESTERLY LINE OF WELD
COUNTY ROAD NO. 27;
THENCE THE FOLLOWING THREE (3) COURSES ALONG SAID WESTERLY LINE:
1. N00°03'00"W, A DISTANCE OF 1689.06 FEET TO A POINT;
2. N00°01'52"E, A DISTANCE OF 2649.59 FFET TO A POINT;
3. NOO°0514"W, A DISTANCE OF 527.61 FEET TO A POINT;
THENCE S89°25'26"W, A DISTANCE OF 356.97 FEET TO POINT;
THENCE N00°05'14"W, A DISTANCE OF 792.16 FEET TO A POINT ON THE SOUTH LINE OF THE NE
1/4 OF THE NE 1/4 OF SECTION 18 Ti N, R66W OF THE 6TH P.M.;
THENCE S89°25'26"W, ALONG SAID SOUTH LINE A DISTANCE OF 635.93 FEET TO A POINT;
THENCE THE FOLLOWING FOUR (4) COURSES THROUGH THE N'%, OF THE SE' '/ OF SAID
SECTION 18,
1. N00°07'26"E, A DISTANCE OF 1293.31 FEET TO A POINT;
2. S89°29'45"W, A DISTANCE OF 295.69 FEET TO A POINT;
3. S89°29'48"W, A DISTANCE OF 691.39 FEET TO A POINT;
4. NOO°07'26"E, A DISTANCE OF 30.00 FEET TO A POINT ON THE NORTH LINE OF SAID SE 1/4
OF SECTION 18; THENCE N89°29'48"E, ALONG SAID NORTH LINE A DISTANCE OF 224.26
FEET TO A POINT;
THENCE DEPARTING SAID NORTH LINE AND RUNNING THROUGH SAID EAST'' /z OF SAID SECTION
18 THE FOLLOWING TWELVE (12) COURSES:
1. N00°30'02"E, A DISTANCE OF 1.40 FEET TO A POINT;
2. N66°47'32"W, A DISTANCE OF 61.24 FEET TO A POINT;
3. N00°07'13"E, A DISTANCE OF 77.13 FEET TO A POINT;
4. N14°55'10"E, A DISTANCE OF 131.13 FEET TO A POINT;
5. N24°40'25"E, A DISTANCE OF 13.69 FEET TO A POINT;
6. N81°07'58"W, A DISTANCE OF 147.97 FEET TO A POINT;
7. N08°19'56"W, A DISTANCE OF 220.55 FEET TO A POINT;
8. S82°28'31 "E, A DISTANCE OF 125.43 FEET TO A POINT;
9. N24°46'19"E, A DISTANCE OF 256.44 FEET TO A POINT;
10. N19°35'13"W, A DISTANCE OF 340.08 FEET TO A POINT;
11. N40°28'23"W, A DISTANCE OF 435.28 FEET TO A POINT;
SW TKO Joint Venture, LLC. — Adams Sand and Gravel Mine —112 Reclamation Permit Amendment Page 8
12. N62°48'53"W, A DISTANCE OF 283.55 FEET TO A POINT ON THE EASTERLY LINE OF US
HIGHWAY 85;
THENCE THE FOLLOWING FOUR (4) COURSES ALONG SAID EASTERLY LINE:
1. S04°03'31"W, A DISTANCE OF 1490.35 FEET TO A POINT;
2. S89°29'48"W, A DISTANCE OF 7.39 FEET TO A POINT;
3. S03°54'00"W, A DISTANCE OF 1242.40 FEET TO A POINT;
4. S13°35'00"W, A DISTANCE OF 89.20 FEET TO A POINT ON THE SOUTH LINE OF SAID NW %,
SE Y; THENCE N89°25'26"E, ALONG SAID SOUTH LINE A DISTANCE OF 303.75 FEET TO A
POINT;
THENCE S00°10'41"W, A DISTANCE OF 1294.69 FEET TO A POINT;
THENCE S89°18'33'W, ALONG A LINE 30 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF
SAID SECTION 18, A DISTANCE OF 199.42 FEET;
THENCE S17°11'06"W, A DISTANCE OF 188.16 FEET TO A POINT;
THENCE THE FOLLOWING TWO (2) COURSES THROUGH THE W % OF THE NE'/. SECTION 19, T1N,
R66W OF THE 6TH P.M.;
1. S05°02'54"E, A DISTANCE OF 1168.90 FEET TO A POINT;
2. S04°43'38"E, A DISTANCE OF 1318.71 FEET TO A POINT ON THE SOUTH LINE OF SAID NE
%; THENCE N89°47'07"E, ALONG SAID SOUTH LINE, A DISTANCE OF 694.19 FEET TO A
POINT;
THENCE THE FOLLOWING EIGHT (8) COURSES THROUGH THE SE'1OF SAID SECTION 19:
1. S00°04'54"E, A DISTANCE OF 1329.89 FEET TO A POINT;
2. N89°56'55"E, A DISTANCE OF 681.71 FEET TO A POINT;
3. S37°53'43"W, A DISTANCE OF 784.11 FEET TO A POINT;
4. S39°06'21"W, A DISTANCE OF 77.31 FEET TO A POINT;
5. S50°52'18"E, A DISTANCE OF 18.12 FEET TO A POINT;
6. S39°06'55"W, A DISTANCE OF 239.84 FEET TO A POINT;
7. S00°06'43"W, A DISTANCE OF 434.24 FEET TO A POINT ON THE SOUTH LINE OF SAID SE
1/4 SECTION 19;
THENCE S89°53'18"E, A DISTANCE OF 1315.21 FEET TO A THE POINT OF BEGINNING;
CONTAINING 15707050 SQUARE FEET OR 360.5843 ACRES OF LAND MORE OR LESS.
SW TKO Joint Venture, LLC. — Adams Sand and Gravel Mine —112 Reclamation Permit Amendment Page 9
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