HomeMy WebLinkAbout20182195.tiffMEMORANDUM
TO: Diana Aungst, Planning Services
DATE: May 18, 2018
FROM: Evan Pinkham, Public Works
SUBJECT: USR18-0029 Dehaan-EWS co Wernsman
The Weld County Department of Public Works has reviewed this proposal. Staff comments made during
this phase of the application process may not be all-inclusive, as other issues may arise during the
remaining application process.
COMMENTS
GENERAL PROJECT INFORMATION/LOCATION
Project description: A Site Specific Development Plan and Special Review Permit for Mineral Resource
Development Facilities, Oil and Gas Support and Service (Class II Oilfield Waste Disposal Facility -
Saltwater Injection Facility) in the A (Agricultural) Zone District
This project is north of and adjacent to CR 18 and is east of and adjacent to CR 19.
Parcel number 131122300002.
Access is from CR 19.
ACCESS
An Access Permit application was not submitted with the application materials. Public Works has reviewed
the submitted materials and provides a recommendation for access locations based on County code and
safety criteria in accordance with the Weld County Engineering and Construction Criteria. The proposed
access location shall be in accordance with the safety spacing criteria. The final USR map shall show the
distances from adjacent existing access point to verify this. Questions concerning access requirements
can be directed to Public Works access permit division.
Per Chapter 12, Article 5, Section 12-5-30, an Access Permit is required for access to Weld County
maintained roadways. We strongly encourage you to discuss your access with Public Works prior to laying
out your site plan to ensure the approved accesses are compatible with your layout.
For new accesses and/or change of use of an existing access, the fee and photos are required (photo
looking left and right along roadway from the access point and looking in to and out of the access point).
These photos are used to evaluate the safety of the access location. Access permit instructions and
application can be found at https://www.weldgov.com/departments/public works/permits/. Chapter 6,
Sections 6.3, 6.4 and 6.5 of the Weld County Engineering and Construction Criteria offer access design
guidance, which can be accessed at: https://www.weldgov.com/departments/public works/engineering/.
Per Chapter 12, Appendix 12A.4.1 of the Weld County Code, an access approach that is gated shall be
designed so that the longest vehicle (including trailers) using the access can completely clear the traveled
way when the gate is closed. In no event, shall the distance from the gate to the edge of the traveled surface
be less than 35 feet.
For shared accesses, Public Works strongly recommends the property owner establish an access road
maintenance agreement so future owners of the properties will be aware of their requirements for shared
maintenance of the access road. This is not a requirement, but is recommended to avoid property owner
conflicts in the future.
ROADS AND RIGHTS -OF -WAY
County Road 19 is a paved road and is designated on the Weld County Functional Classification Map (Code
Ordinance 2017-01) as a(n) arterial road, which requires 140 feet of right-of-way. The applicant shall
delineate on the site map or plat the future and existing right-of-way and the physical location of the road.
If the right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld
County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future
right-of-way line. Be aware that physical roadways may not be centered in the right-of-way. This road is
maintained by Weld County.
County Road 18 is a gravel road and is designated on the Weld County Functional Classification Map (Code
Ordinance 2017-01) as a(n) collector road, which requires 80 feet of right-of-way. The applicant shall
delineate on the site map or plat the future and existing right-of-way and the physical location of the road.
If the right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld
County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future
right-of-way line. Be aware that physical roadways may not be centered in the right-of-way. This road is
maintained by Weld County.
Per Chapter 12, Article 4, Section 12-4-30.B, a Weld County Right -of -Way Use Permit is required for any
project that will be occupying, constructing or excavating facilities within, and/or encroaching upon, any
County rights -of -way or easement. Right -of -Way Use Permit instructions and application can be found at
https ://www.weldgov. com/d epartments/publicworks/perm its/.
Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate
existing utilities within the County right-of-way.
TRAFFIC
Latest ADT on CR 19 counted 2077 vpd with 22% trucks.
The traffic study submitted with the application materials indicated that there will be approximately 90 daily
roundtrips.
TRACKING CONTROL POLICY
Per Chapter 12, Appendix 12A.10.1, traffic volumes to the proposed facility may require the installation of
a tracking control device and/or a minimum of four inches of compacted recycled asphalt or aggregate road
base. Tracking control is required to prevent tracking from the site onto public roadways. Temporary
Tracking Control shall be used during construction unless permanent tracking control is installed ahead of
construction activities. Recycled concrete is not allowed in County right-of-way. Tracking control devices
can be double cattle guards or rip rap (6" washed rock). Tracking control for unmaintained public right-of-
way is required just prior to entering publicly maintained roadways. A variance request for alternatives to
the tracking control requirement can be submitted to Public Works for review and consideration.
More than 10 round truck trips/day (tandem or semi -trucks) or more than 50 round passenger vehicles trips:
• Access onto gravel roads requires a tracking control device and a minimum of 300 feet of recycled
asphalt or road base.
• Access onto paved roads requires either a tracking control device and 100 feet of asphalt OR 300
feet of asphalt.
IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT
Public Works may require an Improvements Agreement for one or all the following reasons:
• Off -Site Public Improvements
• Road Maintenance Agreement
• Construction Maintenance Agreement
• Access Improvements Agreement
An Improvements Agreement is required for sites with required off -site improvements per Chapter 12,
Article 5, Section 12-5-60. Collateral is required to ensure the improvements are completed, and
maintained.
Improvements/Road Maintenance Agreement: An example agreement is available at:
https://www.weldgov.com/UserFiles/Servers/Server 6/File/Departments/Public%20Works/DevelopmentR
eview/sprusr.pdf. It will detail the approved haul route(s), outline when off -site improvements will be
triggered, and include a maintenance agreement for the haul routes. Possible mitigations included in the
road maintenance agreement may include but are not limited to: dust control, specified haul routes, damage
repairs, and future improvement triggers.
Drainage Requirements:
This area IS within a Non -Urbanizing Drainage Area:
Non -Urbanizing Drainage Areas typically require detention of runoff from the 1 -hour, 100 -year, storm falling
on the developed site and release of the detained water at the historic runoff rate of the 1 -hour, 10 -year
storm falling on the undeveloped site for NON -URBANIZING areas.
Detention Pond summarized in a Drainage Report:
A drainage report and detention pond design shall be completed by a Colorado Licensed Professional
Engineer and adhere to the drainage related sections of the Weld County Code. The drainage report must
include a certification of compliance stamped and signed by the PE which can be found on the engineering
website. General drainage report checklist is available on the engineering website. More complete
checklists are available upon request.
MS4:
This site is not in a defined Municipal Separate Storm Sewer System (MS4) area which is a more urbanized
area with state mandated, higher water quality requirements
Grading Permit
A Weld County Grading Permit will be required if disturbing more than 1 acre. Grading Permit applications
are accepted after the planning process is complete (plan recorded). An Early Release Request Form may
be entertained only after the applicant, Public Works and Planning Department have reviewed the referral
and surrounding property owner comments. The Early Release Request may or may not be granted
depending on referral comments and surrounding property owner concerns. Contact an Engineering
representative from the Public Works for more information.
A Construction Stormwater Permit is also required with the State for disturbing more than 1 acre. Contact:
Colorado Department of Public Health and Environment, Water Quality Control Division, 303-692-3575.
CONDITIONS OF APPROVAL
A. An Improvements and Road Maintenance Agreement is required for off -site improvements at this
location. Road maintenance includes, but is not limited to, dust control and damage repair to specified
haul routes. The Agreement shall include provisions addressing engineering requirements, submission
of collateral, and testing and approval of completed improvements. The Agreement shall require the
construction of the following capital improvements. (Department of Public Works)
B. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional
Engineer registered in the State of Colorado is required. (Department of Public Works)
C. The plan shall be amended to delineate the following:
1. County Road 18 is a gravel road and is designated on the Weld County Functional Classification
Map as a collector road which requires 80 feet of right-of-way at full buildout. The applicant shall
delineate on the site plan the future and existing right-of-way. All setbacks shall be measured from
the edge of future right-of-way. This road is maintained by Weld County. (Department of Public
Works)
2. County Road 19 is a paved road and is designated on the Weld County Functional Classification
Map as an arterial road which requires 140 feet of right-of-way at full buildout. The applicant shall
delineate on the site plan the future and existing right-of-way. All setbacks shall be measured from
the edge of future right-of-way. This road is maintained by Weld County. (Department of Public
Works)
3. Show and label the approved access locations, approved access width and the appropriate turning
radii (60') on the site plan. The applicant must obtain an access permit in the approved location(s)
prior to construction. (Department of Public Works)
4. Show and label the approved tracking control on the site plan. (Department of Public Works)
5. Show and label the entrance gate if applicable. An access approach that is gated shall be designed
so that the longest vehicle (including trailers) using the access can completely clear the traveled
way when the gate is closed. In no event, shall the distance from the gate to the edge of the traveled
surface be less than 35 feet. (Department of Public Works)
6. The applicant shall show and label the accepted drainage features and drainage flow arrows.
Stormwater ponds should be labeled as "Stormwater Detention, No -Build or Storage Area" and
shall include the calculated volume. (Department of Public Works)
7. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around
the property. (Department of Public Works)
Prior to Construction:
A. The approved access and tracking control shall be constructed prior to on -site construction. This site
requires a tracking control device and 100 feet of asphalt OR 300 feet of asphalt for tracking control.
(Department of Public Works)
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Department of Public Works)
DEVELOPMENT STANDARDS (NOTES ON THE SITE PLAN)
1. The property owner shall control noxious weeds on the site. (Department of Public Works)
2. The access on the site shall be maintained to mitigate any impacts to the public road including damages
and/or off -site tracking. (Department of Public Works)
3. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
4. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire
an approved Right -of -Way Use Permit prior to commencement. (Department of Public Works)
5. The Property Owner shall comply with all requirements provided in the executed Improvements
Agreement. (Department of Public Works)
6. The Improvements Agreement for this site shall be reviewed on an annual basis, including possible
updates (Department of Public Works)
7. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
8. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 North 17th Avenue, Greeley, CO 80631 www.weldhealth.org
Memorandum
To: Dianna Aungst
From:
Date:
Re:
Ben Frissell, Environmental Health Services
May 17, 2018
USR18-0029 Class II Injection Well, EWS # 6
Environmental Health Services has reviewed this proposal for a Site Specific
Development Plan and Special Review Permit for Mineral Resource Development
Facilities, Oil and Gas Support and Service (Class II Oilfield Waste Disposal Facility -
Saltwater Injection Facility) in the A (Agricultural) Zone District
There will be up to 10 full time employees that utilize the site with some additional third -
party truck drivers and/or contractors. Water will be provided by Central Weld County
Water District and the site will be serviced by a proposed engineered on -site
wastewater treatment system. No recycling operations will occur onsite. All floor drains
will drain into the same containment as the truck unloading pad.
We recommend that the following requirements be incorporated into the permit as
conditions that must be met prior to the acceptance of waste:
1. The facility shall submit a Groundwater Monitoring Plan for review and approval
to the Weld County Department of Public Health and Environment.
2. The facility shall submit design plans of the offload pad area which should
incorporate a sub -sump monitoring point and synthetic liner for review and
approval to the Weld County Department of Public Health and Environment.
Environmental Health has no objections to the proposal; however, we recommend that
the following requirements be incorporated into the permit as development standards:
1. No disposal of waste, other than Class II, as currently defined by the
Environmental Protection Agency, is permitted. Any changes from the approved
Class II use will require an amendment to this Use by Special Review Permit.
Health Administration
Vital Records
Icic: 9/0 304 6410
Fax: 9/0-301-6112
Public Health &
Clinical Services
Icic: 9/0 :304 6420
Fax: 9 /0-3N-6416
Environmental Health
Services
Tele: 970-304-6415.
Fax. 970-304-641 1
Communication,
Education & Planning
Tele: 970-304-5470
Fax: 970-304-6452
Emergency Preparedness
& Response
Tele: 970-304-6470
Fax: 970-304-6462
Public Health
2. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and
Facilities Act, 30-20-100.5, C.R.S.) shall be stored and removed for final disposal
in a manner that protects against surface and groundwater contamination.
3. No permanent disposal of wastes shall be permitted at this site. This is not meant
to include those wastes specifically excluded from the definition of a solid waste in
the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S.
4. Waste materials shall be handled, stored, and disposed in a manner that controls
fugitive dust, blowing debris, and other potential nuisance conditions. The facility
shall operate in accordance with Chapter 14, Article 1 of the Weld County Code.
5. Fugitive dust should attempt to be confined on the property. Uses on the property
should comply with the Colorado Air Quality Commission's air quality regulations.
6. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and
Emissions Permit Application and obtain a permit from the Air Pollution Control
Division, Colorado Department of Public Health and Environment, as applicable.
7. Adequate drinking, handwashing and toilet facilities shall be provided for
employees and patrons of the facility, at all times. As employees or contractors
are on site for less than 2 consecutive hours a day portable toilets and bottled
water are acceptable. Records of maintenance and proper disposal for portable
toilets shall be retained on a quarterly basis and available for review by the Weld
County Department of Public Health and Environment. Portable toilets shall be
serviced by a cleaner licensed in Weld County and shall contain hand sanitizers.
8. Any septic system located on the property must comply with all provisions of the
Weld County Code, pertaining to On -site Wastewater Treatment Systems. A
permanent, adequate water supply shall be provided for drinking and sanitary
purposes.
9. All potentially hazardous chemicals on -site must be handled in a safe manner in
accordance with product labeling. All chemicals must be stored secure, on an
impervious surface, and in accordance with manufacturer's recommendations.
10. Secondary containment shall be constructed around tanks to provide containment
for the largest single tank and sufficient freeboard to contain precipitation.
Secondary containment shall be sufficiently impervious to contain any spilled or
released material. Secondary containment devices shall be inspected at regular
intervals and maintained in good condition. All secondary containment will comply
with the Colorado Oil and Gas Conservation (COGCC) Commission Rules and/or
the provisions of the State Underground and Above Ground Storage Tank
Regulations.
11.A leak detection system shall be designed and installed beneath concrete
unloading pad(s), piping, and sump(s). The unloading pad shall be kept in good
condition.
12.As applicable, a Spill Prevention, Control and Countermeasure Plan, prepared in
accordance with the applicable provisions of 40 CFR, Part 112, shall be available.
13. The facility shall be constructed and operated to ensure that contamination of soil
and groundwater does not occur.
14.The facility shall comply with the accepted Groundwater Monitoring Plan.
15. Analytical waste data and environmental monitoring data shall be made available
to Weld County Department of Health and Environment upon request. The Weld
County Department of Health and Environment reserves the right to require
additional monitoring.
16. Any contaminated soils on the facility shall be removed, treated or disposed of in
accordance with all applicable rules and regulations. All spills will be reported to
local, state and federal agencies in accordance with all state and federal
regulations.
17. All stormwater, which has come into contact with waste materials on the site, shall
be confined on the site. In the event the storm water is not adequately controlled
on the site, upon written notification from the WCDPHE or CDPHE, a
comprehensive site -wide Stormwater Plan shall be developed and implemented.
The plan must be approved, in writing by the WCDPHE or CDPHE, prior to
implementation.
18.The applicant shall obtain a Colorado Discharge Permit System or CDPS permit
from the Colorado Department of Public Health and Environment (CDPHE), Water
Quality Control Division, as applicable.
19. The facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone as set forth in Section 25-12-103, C.R.S.
20. WCDPHE will be notified prior to the closure of the facility. Upon site closure, the
facility will remove all wastes from the site and decontaminate all equipment,
tanks, and secondary containment. All wastes removed from the site during
closure activities will be disposed of off -site, in accordance with all state and
federal rules and regulations and with Weld County Code. Documentation of
closure activities will be provided to WCDPHE.
21. The facility shall notify the County of any revocation and/or suspension of any
State issued permit.
22.The applicant shall notify the County upon receipt of any compliance advisory or
other notice of non-compliance of a State issues permit, and of the outcome or
disposition of any such compliance advisory or other notice of non-compliance.
23. The operation shall comply with all applicable rules and regulations of State and
Federal agencies and the Weld County Code.
Submit by Email
Agency
Weld County Referral
April 19, 2018
The Weld County Department of Planning Services has received the following item for review:
Applicant: FRONT RANGE DAIRY LLC Case Number: USR18-0029
Please Reply By: May 17, 2016 Planner: Diana Aungst
Project: A Site Specific Development Plan and Special Review Permit for Mineral Resource
Development Facilities, Oil and Gas Support and Service (Class II Oilfield Waste Disposal
Facility - Saltwater Injection Facility) in the A (Agricultural) Zone District
Location: East and adjacent to CR 19 and approximately 0.3 of a mile south of CR 20
Parcel Number: 131122300002-R3479505 Legal: PART SW4 SECTION 22, T2N, , R67W LOT B REC
EXEMPT RE -3877 of the 6th P.M., Weld County, Colorado.
The application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Please reply by the
above listed date so that we may give full consideration to your recommendation. Any response not
received before or on this date may be deemed to be a positive response to the Department of Planning
Services. If you have any further questions regarding the application, please call the Planner
associated with the request. Please note that new information may be added to applications
under review during the review process. If you desire to examine or obtain this additional
information, please call the Department of Planning Services.
�✓I
We have reviewed the request and find that it does/ does not comply with our Comprehensive
Plan because:
We have reviewed the request and find no conflicts with our interests.
See attached letter.
Signature Antonio Cabral Date 5/22/2018
Anadarko Petroleum Corp
Weld County Planning Dept 1555 N 17th Ave, Greeley, CO 80631 (970) 400-6100 (970) 304-6498 fax
KERR-MCGEE OIL & GAS ONSHORE LP
May 22, 2018
VIA E-MAIL
Weld County Planning Department
Attn: Diana Aungst
1555 N 17th Ave
Greeley, CO80631
daungst@weldgov.com
1099 18" ' STREET, SUITE 1800 # DENVER, COLORADO 80202
47/
Keir'"I',14tGee
NOTICE OF OIL AND GAS LEASEHOLD INTERESTS OWNED BY K E -McGEE
OIL & GAS ONSHORE LP & OF RIGHT-OF-WAY GRANT OWNED BY E -
cGEE GATHERING LLC
Re: Case Number: U R18-0029
Front Range Dairy LLC — Applicant
Township2 North, Range 67 West, 6th P.M.
Section 22: part of the W/2
Weld County, Colorado
Ms.Aungst:
This letter is being sent by Anadarko Petroleum Corporation on behalf of its subsidiaries
Kerr-McGee Oil & Gas Onshore LP ("KMOG" or the "Company") ") and Ken -McGee ee Gathering
LLC ("KMGG") to inform you KMOG is the owner of valid oil and gas leases underlying all or
parts of Section 22, Township 2 North, Range 67 West ("Leased Lands") and KMGG is the
owner of a valid Right -of -Way Grant located in the SW/4 of Section 22, Township 2 North,
Range 67 West for which the Weld County Department of Planning Services is reviewing Case
Number U 1.18-0029,
KMOG's s recorded oil and gas leases are real property interests entitling it to produce oil
and gas from. the Leased Lands (and, as may be applicable, adjacent lands). The Company has
the right to produce from existing wells, to maintain, rework, recomplete, and fracture those
existing wells to enhance production, and to drill new wells to produce oil and gas, in accordance
with applicable Colorado Oil and Gas Conservation Commission regulations and Colorado
Statutes. KMOG's oil and gas assets have significant value, and the Company is consequently
concerned about any development, surface use, plan of use, PUD, zoning or rezoning, or other
action by the County that would impair or preclude its ability to develop its oil and gas interests.
A SUBSIDIARY OF ANADARKO PETROLEUM CCRPORArI are
KMOG does not object to the Applicant's proposal with the conditions outlined below.
Please note that although KMOG does not object to this application, we continue to assert our
rights to make reasonable use of the surface of the property to develop our oil and gas leasehold.
KMGG does not object to the Applicant's proposal providing it conforms to the terms of
the Right -of -Way Grant that was executed on May 31, 1971, and recorded on July 12, 1971 with
the Weld County Clerk and Recorder at reception number 15 71321.
KMOG currently operates the Francis 5-22A well (API # 0512321588) located within
the project site plan. It is currently KMOG's plan to plug and abandon the Francis 5-22A well
and remove the well's flowlines. KMOG does not object to the Applicant's proposal providing
that the Applicant will not start any construction activities prior to the P&A (Plug and Abandon)
of the Francis 5-22A.
Please contact me at 720-929-3504 if you have any questions or comments about this
matter.
Sincerely,
KERR-MCGEE OIL & GASONSHORE LP
Megan Bosma
Landman
cc: Jeff Fiske, Lead. Counsel
Don Jobe
Ron Olsen
Paul Ratliff
Brett Cavanagh
A SUBSIDIARY OF ANADARKO PETROLEUM CORPORATION
Submit by Email
Weld County Referral
April 19, 2018
The Weld County Department of Planning Services has received the following item for review:
Applicant: FRONT RANGE DAIRY LLC Case Number: USR18-0029
Please Reply By: May 17, 2018 Planner: Diana Aungst
Project: A Site Specific Development Plan and Special Review Permit for Mineral Resource
Development Facilities, Oil and Gas Support and Service (Class II Oilfield Waste Disposal
Facility - Saltwater Injection Facility) in the A (Agricultural) Zone District
Location: East and adjacent to CR 19 and approximately 0.3 of a mile south of CR 20
Parcel Number: 131122300002-R3479505 Legal: PART SW4 SECTION 22, T2N, R67W LOT B REC
EXEMPT RE -3877 of the 6th P.M., Weld County, Colorado.
The application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Please reply by the
above listed date so that we may give full consideration to your recommendation. Any response not
received before or on this date may be deemed to be a positive response to the Department of Planning
Services. If you have any further questions regarding the application, please call the Planner
associated with the request. Please note that new information may be added to applications
under review during the review process. If you desire to examine or obtain this additional
information, please call the Department of Planning Services.
We have reviewed the request and find that it does / does not comply with our Comprehensive
Plan because:
We have reviewed the request and find no conflicts with our interests.
See attached letter.
Taw Tamlin, Fire Marshal 05/11/2018
Signature Date
Agency
Fort Lupton Fire Protection District
Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 400-6100 (970) 304-6498 fax
FORT LU PTON
FIRE
PROTECT' iN DISTRICT
Fort L,sori s.rai tire Protection district
IfZI Denver Avenue • fort Lupton, Colorado B0b'21
/Wee; (2ttW57-48O8. far f8O8)957$819• ffehsfte, foftilliton6resrrl
Date: 05/11/2018
Project name: USR18-O029
Project address: 9467 CR 18, Fort Lupton, Co 80621
FLFPD Project # 2018-039
Plan reviewer: Taw Tamlin
The Fire District has received the referral submittal for 9467 CR 18, Fort Lupton, CO 80621. The
Fort Lupton Fire Protection District requires Plan review of the site and building plans for compliance
with 2012 International Fire Code (IFC) and National Fire Protection Association (NFPA) standards as
adopted by the Fort Lupton Fire Protection District, the City Council of Fort Lupton, and Weld County
Commissioners.
The Application for Plan Review and Permitting and fee schedule can be found on our web site at,
www.fortluptonfire.org
Taw Tamlin,
Fire Marshal
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