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HomeMy WebLinkAboutNCG020759_COMPLETE FILE - HISTORICAL_20100409STORMWATER DIVISION CODING SHEET NCG PERMITS PERMIT NO. /v C� D'� � -7 5 DOC TYPE Fl HISTORICAL FILE ❑ MONITORING REPORTS DOC DATE ❑ �) �%I b o " o � YYYYMMDD NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor I Director April 9, 2010 Mr. T. Bennett Wall Barnhill Contracting Co. PO Box 1529 Tarboro, NC 27886 Subject: General Permit No. NCG020000 Varnum Pit COC NCG020759 Brunswick County Dear Mr. Wall: Dee Freeman Secretary In accordance with your application for a discharge permit received on October 26, 2009, we are forwarding herewith the subject certificate of coverage to discharge under the subject state — NPDES general permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the US. Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). The issuance of this COC for mine dewatering discharges is conditional upon modification of the DLR Mining Permit No. 10-78 for this facility to allow mine dewatering activities. The current DLR permit does not allow mine dewatering activities at this site (see 4.C. under Operating Conditions of MP No. 1.0-78). Please.take notice that this certificate of coverage is not transferable except after notice to the Division of Water Quality. The Division of Water Quality may require modification or revocation and reissuance of the certificate of coverage. Please note that mine dewatering wastewater includes wet pit overflows caused solely by direct rainfall and groundwater seepage for this type of mining operation. Any discharge of this water -(and any stormwater commingled with it) is subject to the effluent limitations in this permit. This gencral.permit allows the discharge of stormwater and certain types of wastewater from your facility. In your application, you specified that only mine dewatering water would be discharged from this facility. If separate point -source discharges of stormwater occur (i.e., stormwater not combined with mine dewatering water), you will be required to adhere to the conditions in this permit for stormwater discharges. Wetlands and stormwater Branch 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location; 512 N. safisbury St Raleigh, North Carolina 27604 Phone: 91M07-63001 FAX: 919-807-6494 4 Customer Service: 1-877-623-6748 Internet www.ncwaterquality.org An Equal Opportunity 1 Affirmative Acton Employer None ahCarolirla Mr. T. Bennett Wall Barnhill Contracting Co.—NCG020759 Apri19, 2010 Page 2 of 2 This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, Coastal Area Management Act or any other federal or local governmental permit that may be required. If you have any questions concerning this permit, please contact Robert Patterson at telephone number (919) 807-6375. Sincerely, ORIGINAL SIGNED BY for CoYM?4MIFlins cc: Wilmington Regional Office, Linda Willis Central Files Stonnwater Pennitting Unit Liles 1 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG020000 CERTIFICATE OF COVERAGE No. NCG020759 STORMWATER AND MINE DEWATERING DISCHARGES NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Barnhill Contracting Co. is hereby authorized to discharge stormwater and mine dewatering water from'a facility Iocated at Varnum Pit Royal Oak Road Supply Brunswick County to receiving waters designated as a UT of Williams Branch, a class C; Sw, HQW water in the Lumber River Basin, in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V, and VI of General Permit No. NCG020000 as attached. This certificate of coverage shall become effective April 9, 2010. r This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this 9"' day of April, 2010. ORIGINAL. SIGNED BY KEN PICKLE for Coleen H. Sullins., Director Division of Water Quality By the Authority of the Environmental Management Commission NCG020759 NN E S Map Scale 1:24,000 .t, Varnum Pit v�F h3 SON •,�1.•1 - `ram] 4 /� 1lE' �y 4 df irr� . a x Barnhill Contracting Co. Varnum Pit Latitude: 781 19' 43" N Longitude: 340 00' 52" W County: Brunswick Receiving Stream: UT of Williams Branch Stream Class: C; Sw, HQW Sub -basin: 03-07-59 (Lumber River Basin) F3 �'qY ,�1JJ -_f',sx r �11P 1� • tom, -y 5­;F (rrs a a, rat ra��.� � `. r.•' ,, �. � w s �St'**��'rr�6�� 08k {i7 VC � 1xrrx��{ 1 +p' gClt x �z 7w" f�V AB i � r p !r4 : �� 'A G. Ng" k's T'-,ram\+q �' -. i+ ksxii. :r y�. _ 4vM V x �'Ir ��,� S'�Li' • fi � � : M.�`C'. t 1*W r ;—snips 1 #� +- ,VAO�ri%4 i 1' Facility Location .+ . . . ,.r*I i Norit Cai`cp4ia Beverly Eaves PerdV8, Governor Barnhill Contracting Co. P.O. Box 1529 Tarboro, NC 27886 Dear Mr. Proctor, AiLA. "i� MCDENR Depa:i`unrar� of E*7onrrerftaa..70 April 6, 2010 Subject: 0 & M Plan for Varnum Mine No. Brunswick County knee F reernan, Secretary C Ll � )f APR 0 8. 2010 DENR - yyq�R Qi1At l 0-78 The Division of Water Quality received the Operations and Monitoring Plan for the Varnum Mine Pit No. 10-78 on March 01, 2010. A review of the 0 & M was conducted and the following suggestions should be incorporated into the 0 & M Plan: Install a shallow wetland monitoring well (no less than 7 feet deep) in the wetland on the east and west of the proposed pits. Select a location within the wetlands in closest proximity to the pit area. 1-he monitoring wells will be monitored and recorded on a frequency of no less than once per month. The data will be submitted to the Wilmington Regional Office oil a quarterly basis. The wells shall be installed in accordance with the Well Construction Standards required by North Carolina Administrative Code 'l-itle 15A Subchapter 2C Section .0100 (15A NCAC 02C.0108). If any wetland impacts are needed, a 401 permit will be secured before any impacts occur. The latest correspondence and/or plans received in this office for this mine pit do not involve any impacts to wetlands. The undisturbed buffers will be adequately marked so that the heavy equipment operators know exactly where the undisturbed buffer area exists. This will help ensure that the wetlands are also adequately protected from any land disturbing activities. Please update the 0 & M Plan to include recommendations (I through 3 above) and send a copy of the updated version to me at the address identified on the letterhead. Based upon your verbal agreement during our phone conversation today to provide an O & M Plan with the above modifications, The Wilmington Regional Office supports issuance of the NPDES General Permit NCG020759 for Varntnn Mine Pit No. 10-78. Should you have any questions concerning this correspondence, please do not hesitate to contact me at 910-796-7343. Sincerely, 4WIL&011�- Linda Willis Env. Eng. I Division of Water Quality Surface Water Protection Section CC: DWQ NCG020 Brunswick DWQ CO NPDES Stormwater Pennitting Unit (Attn: Robert Patterson) NorthCarolina )WA(rally j ir1r i l� ilia e� (`:!{";Qnr ,�1, cllr, E7 \� •'��� �h'nii �.•, `1 �f-'fj F't �i sfl t 1. _ A.l r• �,-­ .r4+1.- . it"In1 , Ncc, JCAi SIB i!5: f•l•f ll Phone: 9V-7-3; _41)r4 \ FAX: !H! Equrii ✓ppE )iiLufl{?y I Aii if[Till JVe. A6io!" FT, 1pjc joi-- 50 ii: IiBCY0;2d �, IJ °� i•'OU 1;0i ai:if6� � �uji(':I 4� jiA � NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Mr. T. Bennett Wall Barnhill Contraeting Co. PO Box 1529 Tarboro, NC 27886 Dear Mr. Wall: Division of Water Quality Coleen H. Sullins Director November 3, 2009 Subject: General Pern*No. NCG020000 Vamum Pit, NCG 020759 Brunswick County Dee Freeman Secretary The Division of Water Quality's Stormwater Permitting Unit received a National Pollutant Discharge Elimination System (NPDES) pennit application for Vamum Pit on October 26, 2009. The application included a copy of an associated reining pennit and pending modification submitted to the Division of Land Resources (DLR). Please be aware that the issuance of an NPDES pennit is contingent upon the issuance of an associated mining permit from DLR. Our office will process your stormwater pennit application once the modification to the DLR rr11'1>ing permit has been issued for your project to allow mine dewatering. Please also be aware that since your project is located near wetlands, your NPDES pen-nitwillrequire dewatering operations without wetland impacts. The specific requirements for mine dewatering at facilities near wetlands can be found in the text of the general NPDES mining pennit numberNCG 020000 available on our website, http://h2o.enr.state.nc.us/su/Forms Documents.htrn. See Section C, Part 1 of the permit on the page labeled, "Part III Page 5 of 9". An approved Operation and Monitoring Plan is required forNPDES-permitted mining facilities. Discharging mine dewatering wastewater without Plan approval will be subject to enforcement action. An O&M Plan for your facility must be submitted to the Wilrrington Regional Office. We encourage you to contact Linda Willis at the Wilmington Regional Office at (910) 796-7215 to address any wetland concems for your facility in order to ensure a successful NPDES application review. If you have any questions concerning the NPDES pennit approval process, please contact me at telephone number (919) 807-6375. Sincerely, � Robert D. Patterson, PE Environmental Engineer cc: Wilmington Regional Office, Linda Willis Central Files 'SPU Files 1617 Mail Service Center, Ralegh, North Carolina 27699.1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-64921 Customer Service: 1-877-623-6748 Internet: www.ncwaterquality.org Otte NmIhCarofina An Equa$ Opponunkty 1 Affirmative Action Employer NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Director and State Geologist February 5, 2008 Mr. Wesley Brown Barnhill Contracting Company 2311 North Main Street Tarboro, North Carolina 27886 RE: Vamam Mine Brunswick County Lumber River Basin Dear Mr. Brown: Michael F. Easley, Governor William G. Ross Jr., Secretary The application for a mining permit for the above referenced mine site has been found to meet the requirements of G.S. 74-51 of The Mining Act of 1971. As your company already has a blanket bond sufficient to cover this application, I am enclosing the mining permit. The conditions of Mining Permit No. 10-78 were based primarily upon information supplied in the application with conditions added as necessary to insure compliance with The Mining Act of 1971. This permit expires on February 5, 2017..G.S. 74-65 states that the issuance of a mining permit does not supersede or otherwise affect or prevent the enforcement of any zoning regulation or ordinance duly adopted by an incorporated city or county or by any agency or department of the State of North Carolina. As a reminder, your permitted acreage at this site is 98 acres and the amount of land you are approved to disturb is 25.6 acres. Please review the permit and contact Ms. Judy Wehner, Assistant State Mining Specialist, at (919) 733-4574 of any objection or questions concerning the terms of the permit. Sin rely, J� G✓ Floyd R. Williams, PG, CPG, CPM State Mining Specialist Land Quality Section FRWIjw Enclosures: Permit No. 10-78 Notice of Issuance CC.' Mr. Dan Sams, PE Ms. Shannon Deaton -WRC, wlpermit Mr. Bradley Bennett-DWQ, wlpermit Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures US Fish and Wildlife Service, wl permit 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574! FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 An Equal Opportunity l Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper 's DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES LAND QUALITY SECTION PERMIT for the operation of a mining activity In accordance with the provisions of G.S. 74-46 through 68, "The Mining Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: Barnhill Contracting Company Varnam Pit Brunswick County - Permit No. 10-78 for the operation of a Sand Mine which shall provide that the usefulness, productivity and scenic values of all lards and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. MINING PERMIT EXPIRATION DATE: February 5, 2017 Page 2 In accordance with the application for this mining permit, which is hereby approved by the Department of Environment and Natural Resources, hereinafter referred to as the Department, and in conformity with the approved Reclamation Plan attached to and incorporated as part of this permit, provisions must be made for the protection of the surrounding environment and for reclamation of the land and water affected by the permitted mining operation. This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan. However, completed performance of the approved Reclamation Plan is a separable obligation, secured by the bond or other security on file with the Department, and may survive the expiration, revocation or suspension of this permit. This permit is not transferable by the permittee with the following exception: If another operator succeeds to the interest of the permittee in the permitted mining operation, by virtue of a sale, lease, assignment or otherwise, the Department may release the permittee from the duties imposed upon him by the conditions of his permit and by the Mining Act with reference to the permitted operation, and transfer the permit to the successor operator, provided that both operators have complied with the requirements of the Mining Act and that the successor operator agrees to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable bond or other security. In the event that the Department determines that the permittee or permittee's successor is not complying with the Reclamation Plan or other terms and conditions of this permit, or is failing to achieve the purposes and requirements of the Mining Act, the Department may give the operator written notice of its intent to modify, revoke or suspend the permit, or its intent to modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a hearing at a designated time and place on any proposed modification, revocation or suspension by the Department. Alternatively and in addition to the above, the Department may institute other enforcement procedures authorized by law. Definitions Wherever used or referred to in this permit, unless the context clearly indicates otherwise, terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49. Expiration Date This permit shall be effective from the date of its issuance until February 5, 2017. Conditions This permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and to the following conditions and limitations: OPERATING CONDITIONS: A. Any wastewater processing or mine dewatering shall be in accordance with the permitting requirements and rules promulgated by the N.C. Environmental Management Commission. Page 3 B. Any stormwater runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Protection Agency and enforced by the N.C. Environmental Management Commission. It shall be the permittee's responsibility to contact the Division of Water Quality to secure any necessary stormwater permits or other approval documents. 2. A. Any mining process producing air contamination emissions shall be subject to the permitting requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. During mining operations, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3. A. Sufficient buffer (minimum 50 foot undisturbed) shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. B. Any mining activity affecting waters of the State, waters of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission. 4. A. Adequate mechanical barriers including but not limited to diversions, earthen dikes, check dams, sediment retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. B. All drainage from the affected areas around the mine excavations shall be diverted internal to said excavations or into the approved sediment and erosion control measures. C. No dewatering activities shall occuratthis site.. D. Mining activities shall occur as indicated on the mine map dated September 19, 2007 and the supplemental information received by the Land Quality Section on September 26, 2007 and November 13, 2007, and January 18, 2008. 5. All affected area boundaries (25.6 acres) shall be permanently marked at the site on 100-foot intervals unless the line of sight allows for larger spacing intervals. 6. The angle for graded slopes and fills shall be no greater than the angle, which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event, exposed slopes or any excavated channels, the erosion of which may cause off -site damage because of siltation, shall be planted or otherwise provided with ground cover, devices or structures sufficient to restrain such erosion. Page 4 7. The affected land shall be graded so as to prevent collection of pools of water that are, or likely to become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions. B. Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public. 9. Sufficient buffer (minimum 25 foot undisturbed except for the placement of any necessary screening berms or tree planting) shall be maintained between any excavation and any mining permit boundary to protect adjacent property. 10. A. No on -site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Land Quality Section, Department of Environment and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on -site and directly associated with the mining activity may be disposed of in a designated refuse area. Ail other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971): 1. on -site generated land clearing debris 2. conveyor belts 3. wire cables 4. v-belts 5. steel reinforced air hoses 6. drill steel D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Land Resources prior to commencement of such disposal: 1. the approximate boundaries and size of the refuse disposal area; 2. a list of refuse items to be disposed; 3. verification that a minimum of 4 feet of cover will be provided over the refuse; 4. verification that the refuse will be disposed at least 4 feet above the seasonally high water table; and, Page 5�) 5. verification that a permanent vegetative groundcover will be established. 11. 'An Annual Reclamation Report shall be submitted on a form supplied by the Department by February 1 of each year until reclamation is completed and approved. 12. The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit or any approved revision to it. Approval to implement such changes must be obtained from the Department prior to on -site implementation of the revisions. 13. The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $500,000.00 blanket bond, is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. 14. A. Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human Skeletal Remains Protection Act," should the operator or any person in his employ encounter human skeletal remains, immediate notification shall be provided to the county medical examiner and the chief archaeologist, North Carolina Division of Archives and History. Page 6 APPROVED RECLAMATION PLAN The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit. The approved plan provides: Minimum Standards As Provided By G.S. 74-53 The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, or are likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. 6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. RECLAMATION CONDITIONS: Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to restore the mine excavation to a lake area and to grade and revegetate the adjacent disturbed areas. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. The lake area shall be excavated to maintain a minimum water depth of four feet measured from the low water table elevation. Page 7 B. The side slopes to the lake excavation shall be graded to a 3 horizontal to 1 vertical or flatter to the water line and 2 horizontal to 1 vertical or flatter below the water line. C. Any areas used for wastepiles, screening, stockpiling or other processing shall be leveled and smoothed. D. No contaminants shall be permanently disposed of at the mine site. On -site disposal of waste shall be in accordance with Operating Condition Nos. 10A through 10D. E. The affected land shall be graded to prevent the collection of noxious or foul water. 3. Revegetation Plan: After site preparation, all disturbed land areas shall be revegetated as per the Revegetation Plan approved by Mr. Wesley Brown of Barnhill Contracting Company on July 18, 2007. Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, bluestem and gamma grass. In addition, the permittee shall consult with a professional wildlife biologist with the N.C. Wildlife Resources Commission to enhance post -project wildlife habitat at the site. 4. Reclamation Plan: Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamation shall be initiated as soon as feasible after completion or termination of mining of any mine segment under permit. Final reclamation, including revegetation, shall be completed within two years of completion or termination of mining. Permit issued this 5th day of February, 2007. times D. Simons, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources NOTICE OF ISSUANCE OF MINING PERMIT You have previously expressed an interest and/or are listed as an adjoining landowner in the application for a mining permit filed by Barnhill Contracting Company to conduct mining activities off SR 1345 (Royal Oaks Road) in Brunswick County. The mining permit (no. 10-78) was issued on February 5, 2008. North Carolina law allows persons aggrieved by the issuance of a mining permit to contest the decision by filing a petition for a contested case in the Office of Administrative Hearings pursuant to N.C.G.S. 150B-23 of the Administrative Procedure Act (APA). If you believe that you are an aggrieved party within the meaning of the APA, a petition for a contested case must be filed in the Office of Administrative Hearings within sixty 60 days of the mailing of this notice to you. If you file a contested case petition, it must be in writing and in the form prescribed by N.C. General Statutes 15013-23. File the original petition and one copy with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Any questions about filing a petition may be directed to the Clerk of the Office of Administrative Hearings by telephoning (919) 733-0926. You must serve the Department of Environment and Natural Resources by mailing a copy of the petition to Ms. Mary Penny Thompson, Registered Agent and General Counsel, Department of Environment and Natural Resources, 1601 Mail Service Center, Raleigh, NC 27699-1601. A This notice was mailed on . 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