HomeMy WebLinkAbout20182189.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR18-0029, 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 - FRONT RANGE DAIRY, LLC, C/O EXPEDITION WATER SOLUTIONS
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, the Board of County Commissioners held a public hearing on the 1st day of
August, 2018, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Front Range Dairy, LLC, 9743 CR 16, Fort Lupton, CO 80621, do Expedition
Water Solutions, 2015 Clubhouse Drive, Suite 201, Greeley, CO 80634, for a Site Specific
Development Plan and Use by Special Review Permit, USR18-0029, 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, on the following described real
estate, being more particularly described as follows:
Lot C of Recorded Exemption, RECX18-0029; being
part of the SW1/4 of Section 22, Township 2 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was represented by Eric Wernsman, Wernsman
Engineering and Land Development, 16493 Essex Rd South, Platteville, CO 80651, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved 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 Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-4-140.A (EP.Goal 1) states: "Encourage the
minimization of mineral resource exploration and production waste
and require the safe disposal of it.", and, EP. Policy 1.1 states: "Due
to the impacts from surface impoundments and increasing public
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SPECIAL REVIEW PERMIT (USR18-0029) - FRONT RANGE DAIRY, LLC, C/O EXPEDITION
WATER SOLUTIONS
PAGE 2
concern about them, other alternatives for disposal should be
considered." The proposal is for a Class II salt water injection well
facility and associated facilities and will be permitted through the
Colorado Oil and Gas Conservation Commission (COGCC) prior to
operation.
2) Section 22-4-140.B (EP.Goal 2) states: "Mineral resource
exploration and production waste facilities should be planned,
located, designed and operated to encourage compatibility with
surrounding land uses in terms of items such as general use, scale,
height, traffic, dust, noise and visual pollution." This proposal is
surrounded on three (3) sides by agricultural land and the proposed
building will contain the injection well which will mitigate the visual
impacts. The scale of the building is consistent with large
agricultural buildings and there are Conditions of Approval and
Development Stands that address traffic, dust, and noise.
3) Section 22-6-20.C.1 (ECON.Policy 3.1) states: "County activities
and regulation should protect the rights of private property owners
and the public health, safety and welfare, recognizing that these
basic rights and protections allow the free market to prosper and
grow the local economy." 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.
B. Section 23-2-230.6.2 -- 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 Mineral Resource Development Facilities, Oil and Gas
Support and Service including a Class II Oilfield Waste Disposal Facility -
Saltwater Injection Facility as a Use by Special Review in the
A (Agricultural) Zone District.
C. Section 23-2-230.B.3 -- The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent lands consist of
pastures and crops. The closest residence is approximately 350 feet
southwest of the site. There are thirteen (13) USRs within one mile of this
site. SUP -118 is for a turkey farm, Amended SUP -238 is for a compressor
station, USR-331 is for a compressor station, and Amended USR-1356 is
for a livestock confinement operation and all are located west of the site.
USR13-0049 is for a Non -1041 Major Facility of a Public Utility for a 16 -inch
pipeline, USR12-0034 is for agricultural services, USR-1408 is for a second
single-family home, USR-1184 is for equine breeding and boarding,
USR-1063 is for a gas pipeline, USR14-0015 is for a mineral resource
development facility, SUP -62 is fora turkey farm, USR13-0051 is for an RV
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park and storage, and Amended USR-1231 is for a 4,000 -head dairy and
all are all located east of the site. The Weld County Department of Planning
Services has received one letter from a surrounding property owner which
outlined concerns about traffic, noise, and air and water quality. The
applicant submitted a letter dated June 16, 2018, which addresses traffic
volume, noise, lighting, and groundwater safety. Additionally, the
Conditions of Approval and Development Standards adequately address
the surrounding property owners' concerns.
Section 23-2-230.B.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 site is located within a three (3) mile referral area of the
Towns of Firestone and Frederick and the Cities of Dacono and Fort
Lupton. The site is also located within the Intergovernmental Agreement
Area (IGA) for the Town of Firestone and the City of Fort Lupton. The
Towns of Firestone and Frederick submitted referral agency comments
with no concerns dated May 17, 2018, and May 1, 2018, respectively. The
City of Dacono did not submit referral agency comments. The Town of
Firestone did not submit the Notice of Inquiry form. The City of Fort Lupton
submitted comments on the Notice of Inquiry dated March 20, 2018, stating
that the City will be requesting a pre -annexation agreement.
E. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The property is not within the
Geologic Hazard Overlay District, a Special Flood Hazard Area or the
Airport Overlay District. Building Permits issued on the lot will be required
to adhere to the fee structure of the County -Wide Road Impact Fee, County
Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-230.6.6 -- The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The proposed facility is located on soils designated as "Irrigated Land,
Not Prime," per the 1979 Soil Conservation Service Important Farmlands
of Weld County Map. This USR will not take any "Prime (Irrigated)"
Farmland out of production.
G. Section 23-2-230.6.7 -- 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 can ensure
that there are adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County. The
applicant will be required to demonstrate compliance with all Colorado Oil
and Gas Conservation Commission (COGCC) and Colorado Department
of Public Health and Environment (CDPHE) requirements and enter into a
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Weld County Improvements Agreement to address required off -site
improvements and haul and traffic routes to and from the facility, at a
minimum.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Front Range Dairy, LLC, c/o Expedition Water Solutions,
for a Site Specific Development Plan and Use by Special Review Permit, USR18-0029, 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, on the
parcel of land described above be, and hereby is, granted subject to the following conditions:
1. Prior to recording the map:
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.
B. A Final Drainage Report and Certification of Compliance, stamped and
signed by a Professional Engineer registered in the State of Colorado, is
required.
C. The applicant shall submit a Decommissioning Plan.
D. The applicant shall submit a Communication Plan.
E. The applicant shall submit a Lighting Plan that complies with
Section 23-2-250.D of the Weld County Code.
F. The applicant shall submit a Landscape/Screening Plan that screens the
site from the surrounding property owners and the right-of-way.
G. The USR map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0029.
2) The attached Development Standards.
3) The map shall be prepared per Section 23-2-260.D of the Weld
County Code.
4) The applicant shall delineate the trash collection areas.
Section 23-3-350.H of the Weld County Code addresses the issue
of trash collection areas.
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5) If applicable, the map shall delineate the lighting.
6) The map shall delineate the approved Landscaping/Planning Plan.
7) 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 the future and existing right-of-way on the site plan. All
setbacks shall be measured from the edge of the future
right-of-way. This road is maintained by Weld County.
8) 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 the future and existing right-of-way on the site plan. All
setbacks shall be measured from the edge of the future
right-of-way. This road is maintained by Weld County.
9) The applicant shall show and label the approved access locations,
approved access width and the appropriate turning radii (60 feet)
on the site plan. The applicant must obtain an Access Permit in the
approved location(s) prior to construction.
10) The applicant shall show and label the approved tracking control on
the site plan.
11) The applicant shall 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.
12) 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.
13) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one
(1) electronic copy (.pdf) or one (1) paper copy of the map for preliminary approval
to the Weld County Department of Planning Services. Upon approval of the map,
the applicant shall submit a Mylar map along with all other documentation required
as Conditions of Approval. The Mylar map shall be recorded in the office of the
Weld County Clerk and Recorder by the Department of Planning Services. The
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map shall be prepared in accordance with the requirements of Section 23-2-260.D
of the Weld County Code. The Mylar map and additional requirements shall be
submitted within one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution. The applicant shall be responsible for paying
the recording fee.
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the map not be recorded within the required one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution, a
$50.00 recording continuance charge shall be added for each additional three (3)
month period.
4. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable format is a projected ESRI
shapefile (.shp, .shx, .dbf, .prj) with a defined coordinate system (i.e., NAD 1983
UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS
0501 (US Feet)....etc.). This digital file may be sent to maps@co.weld.co.us.
5. 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.
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
6. Prior to the issuance of the Certificate of Occupancy:
A. The facility shall submit a Groundwater Monitoring Plan for review and
approval to the Weld County Department of Public Health and
Environment.
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.
7 Prior to Operation:
A. The applicant shall develop an Emergency Action and Safety Plan with the
Office of Emergency Management and the Fire District. The plan shall be
reviewed on an annual basis by the Facility operator, the Fire District and
the Weld County Office of Emergency Management. Submit evidence of
acceptance to the Department of Planning Services.
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8. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Use by Special Review map
is ready to be recorded in the office of the Weld County Clerk and Recorder or the
applicant has been approved for an early release agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 1st day of August, A.D., 2018.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
f 'z`
Steve Moreno, Chair
Weld County Clerk to the Board
BY: C•90„2-e,
uty Clerk to the Board
APP ::v DAS
ty At orney
Date of signature: nn((RD( (V
rbara Kirkmpr, ProfTem
can P. Conway
CUSED
A. Cozad
Mike Freeman
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
FRONT RANGE DAIRY, LLC, C/O EXPEDITION WATER SOLUTIONS
USR18-0029
1. The Site Specific Development Plan and Use by Special Review Permit, USR18-0029, is
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, subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The property owner or operator shall provide written evidence of an Emergency Action
and Safety Plan on or before March 15th of any given year signed by representatives for
the Fire District and the Weld County Office of Emergency Management to the Department
of Planning Services.
4. The number of employees will be ten (10).
5. Hours of operation are twenty-four (24) hours each day, seven (7) days per week.
6. The Property Owner shall maintain compliance with the Decommissioning Plan, Lighting
Plan and the Communication Plan.
7 The screening/landscaping on the site shall be maintained, in accordance with the
approved Landscaping/Screening Plan.
8. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and
23-E of the Weld County Code.
9. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
10. The access on the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
11. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
12. 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.
13. The property owner / facility operator shall comply with all requirements provided in the
executed Improvements Agreement.
14. The Improvements Agreement for this site shall be reviewed on an annual basis, including
possible updates.
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15. The historical flow patterns and runoff amounts on the site will be maintained.
16. 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.
17. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, C.R.S. §30-20-100.5) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
18. 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, C.R.S. §30-20-100.5.
19. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, blowing debris, and other potential nuisance conditions. The facility shall
operate in accordance with Chapter 14, Article I, of the Weld County Code.
20. 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.
21. 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 of the
Colorado Department of Public Health and Environment, as applicable.
22. 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
two (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.
23. 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.
24. 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.
25. 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 Commission (COGCC) Rules and/or the provisions of the State
Underground and Above Ground Storage Tank Regulations.
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26. 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.
27. As applicable, a Spill Prevention, Control and Countermeasure Plan, prepared in
accordance with the applicable provisions of 40 CFR, Part 112, shall be available.
28. The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur.
29. The facility shall comply with the approved Groundwater Monitoring Plan.
30. Analytical waste data and environmental monitoring data shall be made available to the
Weld County Department of Public Health and Environment upon request. The Weld
County Department of Public Health and Environment reserves the right to require
additional monitoring.
31. 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.
32. All stormwater, which has come into contact with waste materials on the site, shall be
confined on the site. In the event the stormwater is not adequately controlled on the site,
upon written notification from the Weld County Department of Public Health and
Environment (WCDPHE) or Colorado Department of Public Health and Environment
(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.
33. 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.
34. The facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone, as set forth in C.R.S. §#25-12-103.
35. The Weld County Department of Public Health and Environment (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 the Weld County
Code. Documentation of closure activities will be provided to the WCDPHE.
36. The facility operator shall notify the County of any revocation and/or suspension of any
State -issued permit.
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37. The applicant shall notify the County upon receipt of any compliance advisory or other
notice of non-compliance of a State -issued permit, and of the outcome or disposition of
any such compliance advisory or other notice of non-compliance.
38. The operation shall comply with all applicable rules and regulations of the state and federal
agencies and the Weld County Code.
39. Sources of light 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 in accordance with the plan. Neither the direct, nor reflected, light from any light
source may create a traffic hazard to operators of motor vehicles on public or private
streets. No colored lights may be used which may be confused with, or construed as,
traffic control devices.
40. Building permits may be required, per Section 29-3-10 of the Weld County Code.
Currently, the following have been adopted by Weld County: 2012 International Codes,
2006 International Energy Code, and 2017 National Electrical Code. A Building Permit
Application must be completed and two (2) complete sets of engineered plans bearing the
wet stamp of a Colorado registered architect or engineer must be submitted for review. A
Geotechnical Engineering Report, performed by a Colorado registered engineer, shall be
required or an Open Hole Inspection.
41. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment 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 Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations.
42. The Use by 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.
43. 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.
44. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some
of the most abundant mineral resources, including, but not limited to, sand and gravel, oil,
natural gas, and coal. Under Title 34 of the Colorado Revised Statutes, minerals are vital
resources because (a) the state's commercial mineral deposits are essential to the state's
economy; (b) the populous counties of the state face a critical shortage of such deposits;
and (c) such deposits should be extracted according to a rational plan, calculated to avoid
waste of such deposits and cause the least practicable disruption of the ecology and
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quality of life of the citizens of the populous counties of the state. Mineral resource
locations are widespread throughout the County and persons moving into these areas
must recognize the various impacts associated with this development. Oftentimes, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
45. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
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