HomeMy WebLinkAbout940003.tiff AR 237 0155 RESOLUTION
RE: CONDITIONS OF CLOSURE AND VACATION OF CERTIFICATE OF DESIGNATION FOR A
SOLID WASTE DISPOSAL SITE AND FACILITY FOR MCMILL, INC. (EATON LANDFILL)
WHEREAS, the Board of County Commissioners of Weld County, Colorado,
pursuant to Colorado statute and the Weld County Home Rule Charter, is vested
with the authority of administering the affairs of Weld County, Colorado, and
WHEREAS, Paul McClure was a holder of Certificate of Designation #17 for
the Eaton Landfill located generally on part of the SE! of Section 21, Township 7
North, Range 65 West of the 6th P.M. , Weld County, Colorado, and
WHEREAS, a Resolution was entered transferring the Certificate of
Designation to McMill, Inc. and attaching conditions on October 14, 1987, and
WHEREAS, in furtherance of that Resolution, collateral was posted pursuant
to an Agreement dated January 9, 1991, to deal with the issue of removal of tires
from the site, and
WHEREAS, the Weld County Department of Health has reviewed the proposal and
recommends adoption of this Resolution.
NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of
Weld County, Colorado, adopt the proposal by Alfred Miller, a/k/a Al Miller;
McMill, Inc. ; RECOA, Inc. ; and Eaton Landfill; (hereafter "Operators") as
follows:
1. TIRES. Pursuant to an Agreement among McMill, Inc. , RECOA, Inc. ,
and the Weld County Board of County Commissioners dated January 9,
1991, McMill and RECOA deposited with the Board of County
Commissioners the sum of Four Thousand Five Hundred Dollars ($4,500)
in the form of a Certificate of Deposit to guarantee removal of
tires located on the property described in this Resolution. The
Board of County Commissioners has cashed that Certificate of Deposit
but has not yet expended any of those funds toward removal of the
tires. All funds to be used to accomplish this Stipulation shall
first be paid from the aforementioned deposit, including the
interest accumulating during the term of the Certificate of Deposit.
KRW Consulting, Inc. (Kipp R. White, P.E. ) , the engineering firm
that prepared the "EATON LANDFILL TIRE DISPOSAL VALUATION" (site
visiting and engineering) and designated as Project #9103-01 shall
be paid within ten (10) days of passage of this Resolution out of
the aforementioned escrow funds.
All tires remaining on the property shall be moved into one area at
the north end of the present storage site for these tires. There
shall be no cover for these tires other than a wire mesh or woven
wire as shown on the attached Exhibit "A". The area for storage is
shown on the attached Exhibit "B".
PLO114
B 1423 REC 02370155 01/20/94 16 :24 $0 .00 1/006 940003
F 1114 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
C'�C ; /'t' //L; // /iLL±C; FAN-r)/
RE: CLOSURE AND VACATION OF CERTIFICATE OF DESIGNATION - MCMILL, INC. (EATON
LANDFILL)
PAGE 2
No portion of this Resolution is intended to limit the ability of
McMill to remove the tires from the subject property for purposes of
recycling or disposal at an approved facility.
2. LANDFILL. There are a number of holes, divots, and sink holes on
the existing landfill site. All major holes will be filled with
soil existing on the landfill area (to include both north and south
areas of existing landfill) . There will be no import of any soil.
Any remaining dirt may be used for additional cover on the south end
of the landfill. The cost of hiring personnel and equipment to
accomplish this shall first be paid out of the escrow fund above
mentioned to the extent funds remain. Payment shall be made by Weld
County within thirty (30) days of submittal of invoices. Any
additional amounts shall be the responsibility of the Operators.
3. PUBLIC COMMENT. There shall be no public comments outside the
regular public meetings made by Weld County or its employees
concerning this Agreement. It is recognized that this Agreement
will be a public document, however, only written material concerning
this Agreement shall be supplied to the public outside of the public
meetings.
4. TESTING. McMill shall be responsible for performing tests once each
year (during July or August) , for a period of five (5) years, on
three (3) test wells located on the landfill site (Exhibit "C") .
The initial test shall be completed no later than August 1, 1994.
The current Health Department charges are $35.70 per well. However,
Operators may use any certified lab for such tests. The tests shall
include a PH test, total dissolved solids, sulfates, nitrites,
nitrates, sodium and chloride, and no other. The results shall be
submitted to the Weld County Health Department and Colorado
Department of Health.
5. COMPLETION DATE. Items #1 and #2 concerning the tires and cover on
the landfill site shall be completed no later than one hundred fifty
(150) days from the approval of this Resolution. Weld County agrees
not to commence any court enforcement action or seek reinstatement
of Case #92-CV-523 during that timeframe.
6. No portion of this Agreement shall be deemed to obligate the Weld
County Board of County Commissioners for the payment of any funds in
excess of the escrow funds; any costs of carrying out the
Stipulation in excess of the escrowed fund shall be the
responsibility of the Operators.
B 1423 REC 02370155 01/20/94 16 :24 $0 .00 2/006
F 1115 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
940003
RE: CLOSURE AND VACATION OF CERTIFICATE OF DESIGNATION - MCMILL, INC. (EATON
LANDFILL)
PAGE 3
7. McMill agrees that there shall be no use of the site for disposal or
storage of any additional tires from those existing on the property
at this time or additional solid waste, except for the tires and
solid waste on site as of the date of this Agreement, and the
landfill shall be considered to have been closed and the Certificate
of Designation vacated prior to October 9, 1993.
8. No portion of this Resolution shall be deemed to have limited the
liability of any prior owners or operators of the Eaton Landfill for
hazardous waste remediation should such clean up become required
pursuant to state or federal law.
9. Notwithstanding the foregoing, McMill or its successors is not
precluded from making application for a Certificate of Designation
and Use by Special Review for the use of the site as a solid waste
disposal site pursuant to C.R.S. §30-20-101, et seq. , and the
Colorado Subtitle D Regulations.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 12th day of January, A.D. , 1994.
,f / I /1/ /J BOARD OF COUNTY COMMISSIONERS
ATTEST: b ,� WELD COUNTY, COLORADO
Weld County Clerk tithe Board i_(/‘ "i L
T W. H. Webster, C airma
BY: //6, 4/4/ t'Zeii Da a K. Hal row
Deputy Clerk tithe
APPROVED AS 'TO! FORM:
EXCUSED DATE OF SIGNING (AYE)
Ge ge E. Baxter
� r
%yrey2Con tanL. Harb
L
Barbara J. Kirkme} er
B 1423 REC 02370155 01/20/94 16 :24 $0 .00 3/006
F 1116 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
940003
HEARING CERTIFICATION
DOCKET NO. 94-12
RE: CLOSURE AND VACATION OF CERTIFICATE OF DESIGNATION FOR A SOLID WASTE
DISPOSAL SITE AND FACILITY FOR MCMILL, INC. (EATON LANDFILL) - AL
MILLER, C/O RUSSELL ANSON
A public hearing was conducted on January 12, 1994, at 10:00 A.M. , with
the following present:
Commissioner W. H. Webster, Chairman
Commissioner Dale K. Hall, Pro-Tem
Commissioner George E. Baxter
Commissioner Constance L. Harbert
Commissioner Barbara J. Kirkmeyer
Also present:
Acting Clerk to the Board, Shelly Miller
Assistant County Attorney, Lee Morrison
Health Department representative, Trevor Jiricek
The following business was transacted:
I hereby certify that pursuant to a notice dated December 27, 1993, and
duly published December 30, 1993, in the Windsor Beacon, a public hearing
was conducted to consider the request of Al Miller, President of McMill,
Inc. , c/o Russell Anson, for closure and vacation of Certificate of
Designation for a solid waste disposal site and facility for McMill, Inc.
(Eaton Landfill) . Lee Morrison, Assistant County Attorney, made this a
matter of record and said the draft resolution provides three items: 1) A
mechanism for release of collateral, which was provided for the issues
regarding tires; 2) Closure of the landfill and the manner in which it
will be finally covered; and 3) Disposal of or accumulation of the tires
in one area of the property. He indicated the Health Department had
reviewed the resolution and found it acceptable, and the State Health
Department had no objections. Mr. Morrison explained there has been no
operation at the landfill since October 9, 1993. Russell Anson, Attorney,
and Al Miller, President of McMill, Inc. , were present. Mr. Anson stated
since this has been two years in the making, no changes are necessary and
he is satisfied. In response to Commissioner Kirkmeyer, Mr. Anson
indicated the fee for KRW Consulting, Inc. , was $1,300. Mr. Morrison and
Mr. Anson explained, concerning Item #3 in the resolution prohibiting
public comment, that out-of-hearing comments had been made by previous
Board members and the public which caused problems. Mr. Morrison
clarified, however, that should the Board agree to adopt this resolution,
it would not preclude regular business proceedings. Mr. Miller indicated
the cost of excavation should be minimal because they will provide their
own labor, equipment, etc. , and the tires will not be a problem.
Commissioner Baxter said he had visited the site and talked with Mr.
Morrison and has no problem with the wording of Item #3. Mr. Morrison
indicated the resolution refers to an Exhibit which shows the area for
collecting tires on the north end of the property. Referring to said
Exhibit, Mr. Miller said all tires, now spread on lower levels, will be
pushed into the area designated in red on said Exhibit. Mr. Anson noted
for the record that Item #1 in the resolution states ". . .execution of this
Agreement. . .". Mr. Morrison clarified it should read "passage of this
Resolution. . .". Mr. Anson also noted, in Item #4 in the resolution, the
date of December 31, 1993, was used for the completion of the initial well
testing. Trevor Jiricek, Health Department representative, stated August
1, 1994, would be an acceptable date. No public testimony was offered
concerning this matter. Commissioner Kirkmeyer moved to approve the
request of Al Miller, President of McMill, Inc. , c/o Russell Anson, for
closure and vacation of Certificate of Designation for a solid waste
disposal site and facility for McMill, Inc. (Eaton Landfill) , as outlined
in the draft resolution, with the recommended changes in wording to Item
#1 and changing the date in Item #4. The motion was seconded by
Commissioner Hall, and it carried unanimously.
CC . FL
RE: HEARING CERTIFICATION - CLOSURE OF EATON LANDFILL AND VACATION OF C.D.
PAGE 2
This Certification was approved on the 17th day of January, 1994.
/ n /,/,/ 4 APPROVED:
ATTEST] C� � J / v�� BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk to the Board / %z;j ,�
By(—_,79,7z-,4„._.,d, H. Webit%dr/, hai an
Deputy Clerk to the Boar
is
Dale K. Hall, Pro em
TAPE #94-05
EXCUSED DATE OF APPROVAL
George E. Baxter .
DOCKET #94-12
� . cam.,`
Constance L. Harbert
PL0114 J J V
arbara J. Kirkmeye
940077
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 12th DAY OF January 1994:
DOCKET 11 94-06 - USR, CONQUEST OIL COMPANY
DOCKET I1 94-07 - SERVICE PLAN, THOMPSON RIVERS PARK AND RECREATION DISTRICT
DOCKET it 9-4-03 - USR, THOMAS AND BEVERLY TROSTEL
DOCKET II 94-04 - USR, STEVEN M. LONDON
DOCKET II 94-12 - VACATE CD & CLOSURE OF EATON LANDFILL, MCMILL, INC./AL MILLER, C/O ANSON
PLEASE write or print your name legibly, your address and the DOCKET II (as listed
above) or the name of the applicant of the hearing you are attending.
NAME ADDRESS HEARING ATTENDING
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9409'71
NOTICE
Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning
Ordinance, a public hearing will be held in the Chambers of the Board of County
Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th
Street, First Floor, Greeley, Colorado, at the time specified. All persons in
any manner interested in the closure and vacation of Certificate of Designation
are requested to attend and may be heard.
Should the applicant or any interested party desire the presence of a court
reporter to make a record of the proceedings, in addition to the taped record
which will be kept during the hearing, the Clerk to the Board's Office shall be
advised in writing of such action at least five days prior to the hearing. The
cost of engaging a court reporter shall be borne by the requesting party.
BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning
Commission may be examined in the office of the Clerk to the Board of County
Commissioners, located in the Weld County Centennial Center, 915 10th Street,
Third Floor, Greeley, Colorado.
DOCKET NO: 94-12 APPLICANT
Al Miller
President of McMill, Inc.
Eaton Landfill
c/o Russell Anson
820 13th Street
Greeley, Colorado 80631
DATE: January 12, 1994
TIME: 10:00 a.m.
REQUEST: Closure and vacation of Certificate of Designation for a solid waste
disposal site and facility for McMi1l, Inc. (Eaton Landfill)
LEGAL DESCRIPTION: Part of the SE* of Section 21, Township 7 North, Range
65 West of the 6th P.M. , Weld County, Colorado
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: DONALD D. WARDEN
WELD COUNTY CLERK TO THE BOARD
BY: Shelly K. Miller
Deputy Clerk to the Board
DATED: December 27, 1993
PUBLISHED: December 30, 1993, in the Windsor Beacon
9400
•
AFFIDAVIT OF PUBLICATION
STATE OF COLORADO
ss
COUNTY OF WELD
I, KEITH HANSEN, of said County of Weld, being duly
sworn,say that I am publisher of
of dm Olin ts. M WINDSOR BEACON
hamL l Cr.ty
Commissioners,located a weekly newspaper having a general circulation in said
In the Weld County County and State, published in the town of WINDSOR,
CenhneirFCenter,915 in said County and State; and that the notice, of which
1 yW.ColonxioSent,Third R°°r' the annexed is a true copy, has been published in said
weekly for ./ successive weeks, that the notice
DOCICETNO:94-12 was published in the regular and entire issue of every
APPLICANT:.Al Miller, number of the paper during the period and time of
President of McMill, publication, and in the newspaper proper and not in a
Inc., Eaton Landfill,do supplement, and that the first publication of said notice
Russell Anson, 820 was in said paper bearing the date of the
MICE 13th Street, Greeley,
Colorado 80831
Pursuant to the zoning 30 day of Aeari , A.D., 19 L and
laws of the State of DATE: January 12, the last publication bearing the date of the
Colorado and the Weld 1994
County .Zoning
Ordinance, a public TIME:10:00 a.m. day of , A.D., 19_ and
hearing will be held in that the said WINDSOR BEACON has been published
the Chambers of the REQUEST:: continuously and uninterruptedly for the period of 5
Board of County.Qlostm and vacation of consecutive weeks,in said County State, prior to the
Commissioners of Weld Certificate of and
County,Colorado,Weld Designation for a solid date of first publication of said notice, and the same is a
County Centennial waste disposal site and newspaper within the meaning of an Act to regulate
Center,915 10th Street, facility for I MMill, Inc. printing of legal notices an advertisements, approved
First Floor, Greeley, (Eaton Landfill)
Colorado, at the time May 18, 1931,and all prior cts ar as in force.
specified. AI persons LEGAL DESCRIPTION: •
in any manner Part of the SE 1/4 of
interested In the deem. Section 21,Township 7
and vacation of North, Range 65 West Certificate of of the 8th PM., Weld P USHER d
Designation are County,.Colorado
requested to attend and Subscri d�and� sqw,o�rn to before me this.SO 74 day
may be heard: BOARD COUNTY of 1993
COMMISSIONERS,
Should the applicant or WELD COUNTY,
any interested party COLORADO ig/L : � tirwa
desire the presence of a NOTARY PUBLIC
court reporter to makes BY: DONALD D.
record of the WARDEN', WELD
proceedings,in addition COUNTY CLERK TO My commission expires . /%9
to the taped record THE BOARD
which will be kept
during the hearing,the BY: Shelly K. Miller,
Clerk to the Board's Deputy Clerk to the
Office shall be advised Board
in writing of such action
at least five days prior DATED: December 27,
to the hearing. The 1993
cost at engaging a court
reporter shall be borne Published In the
by the reglreeerpowrty. Wtada z ONNa on
Dinar at,MIL
BE IT ALSO KNOWN -
that the text al naps
ea candied W tits Wald
County ►leenpy
Commission may be
examined In the office •
940023
CERTIFICATE OF MAILING
The undersigned hereby certifies that a true and correct copy of the foregoing
Notice of Hearing, Docket #94-12, was placed in the United States mail, postage
prepaid, addressed to the following property owners.
DATED this a( / day of Alta& ✓c i� , 1993.
Deputy Cler to the Board
EVF, INC.
1099 18TH STREET, #400
DENVER, CO 80202
JAMES D. AND ERMA I. BORN
530 11TH STREET
GREELEY, CO 80631
THREE LINE, INC.
C/O MILLER
P.O. BOX 2106
EATON, CO 80615-2106
J & K TRUCKING
38561 WELD COUNTY ROAD 43
EATON, CO 80615
ARTHUR R. AND JUDITH I. PETERSON, TRUST
27602 WELD COUNTY ROAD 388
KERSEY, CO 80644
I.R. BOOTH & SONS, INC.
33071 HIGHWAY 85
P.O. BOX 71
LUCERNE, CO 80646
ELAINE WAAG
620 NORTH COUNTY ROAD 5
FORT COLLINS, CO 80524-9215
3400172
CERTIFICATE OF MAILING
The undersigned hereby certifies that a true and correct copy of the foregoing
Notice of Hearing, Docket #94-12, was placed in the United States mail, postage
prepaid, addressed to
the following property
owners.
r
DATED thisU day of /�iC�� Li , 1993.
51 �c ,
Deputy Cler to the Board
RUSSELL ANSON
820 13TH STREET
GREELEY, CO 80631
ALFRED MILLER
PRESIDENT OF MCMILL, INC.
EATON LANDFILL
640 MAPLE AVENUE
EATON, CO 80615
340€P3
DISTRICT COURT, COUNTY OF WELD, STATE OF COLORADO
Case No. 92 CV 523 Division I
STIPULATION
BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF
COLORADO,
Plaintiff,
v.
ALFRED MILLER, a/k/a AL MILLER; MCMILL, INC. ; RECOA, INC. AND EATON
LANDFILL,
Defendants.
Plaintiff, Board of County Commissioners of the County of
Weld, State of Colorado, by and through its attorney, Assistant
County Attorney, Lee Morrison, and Defendants, Alfred Miller,
a/k/a Al Miller; McMill, Inc. ; RECOA, Inc. and Eaton Landfill
stipulate and agree as follows:
1. TIRES. Pursuant to an agreement between McMill, Inc and
RECOA, Inc. , and the Weld County Board of County Commissioners
dated January 9, 1991, McMill and RECOA deposited, with the Board
of County Commissioners, the sum of Four Thousand Five Hundred
dollars ($4, 500. 00) to be placed in a federally insured bank or
savings and loan company to guarantee removal of tires located on
the property described in the Plaintiff's Complaint. All funds to
be used to accomplish this Stipulation shall first be paid from the
aforementioned deposit, including the interest accumulating since
such deposit. KRW Consulting, Inc. (Kip R. White, P.E. ) the
engineering firm that prepared the "Eaton Landfill Tire Disposal
Evaluation" (site visit and engineering) and designated as Project
#9103-01 shall be paid within ten (10) days of execution of this
Agreement out of the aforementioned escrow fund.
All tires remaining on the property shall be moved into one
area at the North end of the present storage site for these tires.
There shall be no cover for these tires other than a wire mesh or
woven wire as shown on the attached Exhibit "A" .
2 . LANDFILL. There are a number of holes, divots and sink
holes on the existing landfill site. All major holes will be
filled with soil existing on the landfill area (to include both
North and South areas as existing landfill) . There will be no
import of any soil. Any remaining dirt may be used for additional
cover on the South end of the landfill. The cost of hiring
personnel and equipment to accomplish this shall first be paid out
94000?
of the escrow fund above mentioned. Payment shall be made by Weld
County within thirty (30) of submittal of invoices. Any additional
amounts shall be the responsibility of the Defendants.
3 . PUBLIC COMMENT. There shall be no public comments outside
the regular public meetings made by Weld County or its employees
concerning this Stipulation and Agreement. It is recognized that
this Agreement will be a public document, however, only written
material concerning this Agreement shall be supplied to the public.
4 . The Defendants shall be responsible for performing tests
once each year (during July or August) , for a period of five (5)
years, on three (3) test wells located on the landfill site. The
initial test shall be completed no later than October 31, 1993 .
The current Health Department charges are $35.70 per well.
However, Defendant may use any certified lab for such tests. The
tests shall include a PH test, total dissolved solids, sulfates,
nitrites, nitrates, sodium and chloride and no other.
5. COMPLETION DATE. Items #1 and #2 concerning the tires and
cover on the landfill site shall be completed no later than sixty
(60) days of the Court Order approving this Stipulation. Upon
completion, Weld County agrees to dismiss this action.
Lee Morrison
Attorney for the Board of County
Commissioners of the County of Weld
i< y
Alfre Mi lei, a/k/a Al Miller, Defendant
Mcm , Inc. , Defendant
E O Inc. , De endan e�71 ato id
ato ndfi 1, Defendan
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proposed final tire area
\ X� current tire disposal area
'whole tires
quartered tlres�
soilOpile l �'' \
whole tires
l
\\—
soil berm
proposed final disposal area
whole tires' 4,180 cubic yards
HOUSEHOLD WASTE LANDFILL AREA quartered tires' 7,300 cubic yards
S/h.
NORTH
Approximate Scale' 1'=200'
L /
WELD COUNTY ROAD 78 TO WCR 43 —In-
-", r KRW CONSULTING, INC, 940023
PROJECT NO. 9103-01
FIGURE 1 EATON LANDFILL SITE PLAN DATE' September 5, 1992
5-X ///;J J - B B 1423 REC 02370155 01/20/94 16 :24 $0 . 00 5/006
F 1118 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
JAN-14-94 FRI 15:39 - P. 03
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WILD Lee Morrison, W.C. Attorney Di1B January 14, 1994
To
COLORADO From Trevor Jiricek, Environmental Protection Services
Subject Eaton Landfill, Monitoring Well Locations
The recent agreement between Weld County and Al Miller regarding the Eaton
Landfill involved the monitoring of three (3) wells annually for a period of five
(5) years. As far as I can ascertain these are the only monitoring wells on the
site, these wells are shown on the attached sketch as MW#1, MW#2, and MW#3, also
known as EMW-1, EMW-2, and EMW-3.
If you have any questions, please call me at extension 2226.
JAN 14 ' 94 15: 43 PAGE . 002
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BOARD OF COUNTY COMMISSIONERS
REVIEW/WORK SESSION REQUEST
DEPARTMENT: County Attorney DATE: December 13, 1993
PERSON REQUESTING: Lee D. t+ri1on, Assistant County Attorney
Brief description of the problem/issue:
Attached is a proposed Resolution for closure and vacation of the
Certificate of Designation for the old Eaton Landfill . There has
been a long history of this and this Resolution, which is
acceptable to Al Miller, President of McMill, Inc. , would allow the
closure of the old landfill site and closure of the tire landfill
site. The old landfill is not being closed to current Subtitle D
regulations as the site has not operated for more than two years ,
but is being closed in a manner acceptable to the County and State
Health Departments . The tires are to be piled in a protected area
and fenced so no new additional tires can be added and will be
secured and out of sight. They will not be covered with dirt as
that eliminates the possibility of recycling them and McMill could
remove those tires sometime in the future if a recycling
opportunity presents itself .
Recommendation to the Board:
I would recommend placing this Resolution on the Agenda. It would
require notice as was required in the old Keenesburg site of at
least ten days .
LDM/gb:wsmcmill
Attachment
Initial :
Approve Schedule
Recommendation Work Session Other
Harbert `�at
Webster
Hall V
Kirkmeyer
Baxter [�
944:K r3
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