820550_CORRESPONDENCE_20171231

CORRESPONDENCE
FORTH CAROLINA
Department of Environmental Qun1

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
May 17, 2000
Colen Hall
3441 Autry Mill Rd.
Godwin, NC 28344
/ • •
j
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: Rating of Potential Risk
Inactive Waste Lagoons and Storage Ponds
Hall Farm
Facility Number 82-550
Sampson County
Dear Colen Hall;
During the 1999 session, the North Carolina General Assembly passed a law directing the North
Carolina Department of Environment of Natural Resources (DENR) to develop an inventory and
ranking of all inactive lagoons and storage ponds in the State. In order to meet this directive, a
representative of DENR has recently evaluated the inactive lagoon(s) and/or storage pond(s) on your
property. Inactive lagoons and storage ponds were defined by the Statute as structures which were
previously used to store animal waste but have not received waste for at least one year.
The information collected on your property is contained in the attached field data sheets. Using
this field data, staff ranked your inactive waste structures as high, medium or low according to its
potential risk for polluting surface and/or groundwater. Your waste structure(s) was ranked as
follows:
Structure Number Surface`Area (Acres) Rankint;
1 0.46 Medium
This ranking is based in part on the conditions existing on the day of the site visit. Changes in
these conditions or the collection and evaluation of additional data may modify the ranking of your
waste structure(s) in the future.
Information on your facility along with over 1000 others contained in the inventory has been
provided to the General Assembly. During this year's session, the General Assembly will consider
additional requirements for future management of these structures which may include requiring
proper closure of inactive lagoons and storage ponds according to current or alternative standards.
225 Green Street, Suite 714, Fayetteville, North Carolina 28301 Telephone [phone] Fax [phone]
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Rating of Potential Risk
Inactive Waste Lagoons and Storage Ponds
Animal Waste Management System
Page 2
Regardless of their ranking, owners of all waste lagoons and storage ponds have certain
management responsibilities. These include taking appropriate actions to eliminate current
discharges, prevent future discharges and to insure the stability of their structures. Staff of the
Division of Water Quality will be in contact with owners of all inactive structures that have been
determined to pose a serious environmental risk, based on its ranking and/or additional field data
collected by the Department.
All liquids and waste removed from these structures must be Iand applied at a rate not to exceed
the agronomic needs of the receiving crops, Any major modifications made to the dike walls or
structure must be done in accordance with current standards and under the direction of a technical
specialist -designated for structural design. Your local Soil and Water Conservation District is an
excellent source for information and guidance related to proper waste application practices, structure
operation and maintenance, and other related animal waste management standards and/or
requirements.
Nothing in this letter should be taken as removing from you the responsibility and liability for
any past or future discharges from your lagoon(s) and/or storage pond(s) or for any violations of
surface water or groundwater quality standards.
Thank you for your cooperation and assistance in this process. If you have questions concerning
your inactive structures, please contact the staff of either in the Division of Water Quality or the
Division of Soil and Water Conservation in the Fayetteville Regional Office at [phone].
Sincerely,
aul Rawls
0"000Aater Quality Regional Supervisor
cc. Sampson County Soil and Water Conservation District Office
Facility File
JP

Facility Number 82— 550 Lagoon Number .0.1..,....., Lagoon Identifier inagli.ve..lagwn..Q,1........................ .
O Active 0 Inactive Latitude 35 08 12
Waste Last Added fi-1.-.94...........................................
Determined by: ® Owner ❑ Estimated
Surface Area (acres): Q,4Q........................
Embankment Height (feet): 20 ......................
Longitude 78 37 52
By GPS or Map?? ® GPS ❑ Map
GPS file number: 032921 a
Distance to Stream: 0 <250 feet 0 250 feet - 1000 feet 0 X1000 feet
By measurement or Map? ❑ Field Measurement 0 Map
Down gradient well within 250 feet? 0 Yes 0 No
Intervening Stream? 0 Yes *No
Distance to WS or HQW (miles): 0 < 5 0 5 - 10 0 > 10
Overtopping from Outside Waters? 0 Yes 0 No 0 Unknown
Spillway O Yes 0 No Adequate Marker 0 Yes O No
Freeboard & Storm Storage Requirement (inches):
Inspection date 3-29-2000
appearance of 0 Sludge Near Surface
lagoon liquid 0 Lagoon Liquid Dark, Discolored
0 Lagoon Liquid Clear
0 Lagoon Empty Freeboard (Inches): 96
embankment condition 0 Poorly Built, Large Trees, Erosion, Burrows, Slumping, Seepage, Tile Drains, Etc.
0 Construction Specification Unknown But Dam Appears in Good Condition
0 Constructed and Maintained to Current NRCS Standards
outside drainage 0 Poorly Maintained Diversions or Large Drainage Area not Addressed in Design
0 Has Drainage Area Which is Addressed in Lagoon Design
0 No Drainage Area or Diversions Well Maintained
liner status 0 High Potential for Leaking, No Liner, Sandy Soil, Rock Outcrops Present, Etc.
O No Liner, Soil Appears to Have Low Permeability
0 Meets NRCS Liner Requirements
ication equipment fail to make contact
and/or Sprayfield O Yes 0 No 0 Unknown with representative O Yes 0 No
unavailable
comments

u
Type of Visit O Compliance Inspection O Operation Review O+ Lagoon Evaluation
Reason for Visit@ Routine O Complaint O Follow up O Emergency Notification O Other ❑ Denied Access
[��Facility Numher 8Z 550
0 Permitted 0 Certified ❑ Conditionally Certified ® Registered Date of Visit 3-29.2000
10 Not Operational Q Below Threshold Date hast Operated or Above Threshold: {--4.....,.,,..,
FarmName: Hall.Fatrm........................................................................................................ County: SpMson........................................... JFRO ............
OwnerName:Colen...................................... Hall ............................................................... Phone No: 5.67-66.49 ....................................................................
FacilityContact:Qwxlgr................................ ..........................Title:............................................................... Phone No:....................................................
Mailing Address: X441.AUjrY.IYIil�.1;d...........................................................................• Ga!iL.NC........................................................... Z� 44..............
OnsiteRepresentative: owner ................................................................... .......................... Integrator:......................................................................................
Location of Farm:
AmIry..Mll- d. . ..........................................................................................................................................................................................................................................
® Sw1ne ❑Poultry ❑Cattle -❑,Horse
Y Design Current n Design: ,'Current Design Current
r. Swine Cauacity : Population Poultry Ca aeit . Po' elation -Cattle -,Ca' `acit Po elation
❑ Wean to Feeder
® Feeder to Finish 300
❑ Farrow to Wean
❑ Farrow to Feeder
❑ Farrow to Finish
❑ Gilts
❑ Boars
❑ Layer ❑ Dairy
❑ Non -Layer I El Non -Dairy
•]
Other
Total Design. Capacity ` 300
Total SSIW _ `` 40,500
r , ;
aw
mer f
i. Nubof lagoons ` Holding` Ponds 1 Solid Traps
Discharges & Stream ImL
1. Is any discharge observed from any part of the operation?
Discharge originated at: ❑ Lagoon ❑ Spray Field ❑ Other
a. If discharge is observed, was the conveyance man-made?
b. If discharge is observed, did it reach Water of the State'' (If yes, notify DWQ)
c. If discharge is observed, what is the estimated flow in gal/min?
2. Is there evidence of past discharge from any part of the operation?
3. Is storage capacity (freeboard plus storm storage) less than adequate? ❑ Spillway
Waste Collection & Treatment
Please see attached Lagoon Field Data Sheets
❑ Yes ® No
❑ Yes ® No
❑ Yes ® No
n/a
❑ Yes ® No
❑ Yes ® No
Reviewer/inspector Name kTrent Alien ,'��}, ;f, x Je ry $r wn u" #� L ' u� `' �,V
Reviewer/Inspector Signature: Date:
Printed on: 5/12/2000

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
i � •
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
June 25, 1998 RECHVD
Attn: Colen Hall
Hall Farm . jUN 2 b 1998
3441 Autry Mill Rd.
Godwin, NC 28344 FAYETTEVILLE
REO, OFFICE
SUBJECT: Retraction of Civil Penalty
Hall Farm
Facility #: 82-550
Sampson County
OV 97-95
Dear Colen Hall:
On October 31, 1997, the Director of the Division of Water Quality assessed a $500.00 civil
penalty against the owner of the subject facility for failing to designate an operator in charge of the animal
waste management system. After a review of the information submitted in your remission request and given
the current status of this farm it is my decision to retract the civil penalty assessed in cast: number OV 97-95
and close our file on this matter.
Please be advised that nothing in this letter should be taken as removing from you the
responsibility or liability for failure to comply all applicable rules and regulations at the subject farm. If you
decide in the future to increase the number of animals at this farm above the threshold numbers established by
15A NCAC 214 .0217, you must first comply with all requirements including designating an operator in
charge for the facility.
Thank you for your assistance in this matter. If you have any questions, please tail
Shannon Langley at 733-5083, ext. 581.
Sincerely,
0'.", - I —S-
A. Preston Howard. Jr.. P.
cc: Facility File – Non -Discharge Compliance/Enforcement Unit
,W– Q` lUgional.Office
Case file # OV 97-95
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
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State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
Jaynes B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
Colen Hap
Hall Farm
3441 Autry Mill Rd.
God,Ain, NC 28344
Dear Colen Hall:
All
C) EH F=I
December 15, 1997
Subject:
Removal of Registration
Facilitv Number 82-550
bampson Lounty
RuVD
D I"" 1 8 1997
FAYETTDTLI-E
REG.O�IFFIC, RE -
This is to acknowledge receipt of your request that your facility no longer be registered as an active animal
waste management system per the terms of 15A NCAC 2H.0217. The information you provided us indicated that your
operation's animal population does not exceed the number set forth by 15A NCAC 2H.0217, and therefore does not
require registration for a certified animal waste management pian.
Under 15A NCAC 2H .0217, your facility is deemed permitted if waste is properly managed and does not
reach the surface waters of the state. Any system determined to have an adverse impact on water quality may be
required to obtain a waste management plan or an individual permit. You are reminded that a discharge of wastes to the
surface waters of the state will subject you to a civil penalty up to $10,000 per day.
Should you decide to increase the number of animals housed at your facility beyond the threshold limits listed
below, you will be required to obtain a certified animal waste management plan prior to stocking animals to that level.
Threshold numbers of animals that require certified animal waste management plans are as follows:
Swine
250
Confined Cattle
100
Horses
75
Sheep
1,000
Poul= with a llouid waste system
30.000
If you have questions regarding this letter or the status of your operation please call Sue Homewood of our staff
at [phone] ext 502.
47.
cc: !Fayetteville -Wa-tCr..Quality.Regiaaal:Offic�
Sampson Soil and Water Conservation District
Facility File
Sincerely,
A. Preston Howard, Jr., P.E.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10 % post -consumer paper

t
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
October 31, 1997
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Attn: Colen Hall
Hall Farm
3441 Autry Mill Rd.
Godwin, NC 28344
A744i 40
�EHNR
RECD M
1y0U 1 4 1991
FAYETTEVI LLE
REG. OFFICE
Subject: Notice of Violation and Assessment of Civil
Penalty for Violation of N.C.G.S. 90 A-47.2 and
15A NCAC 8F.0201
Hall Farm
Facility #: 82-550
Sampson County
Case #: OV 97-095
Dear Colen Hall:
This letter transmits a Notice of Violation and a notice of a civil penalty assessed against
Colen Hall in the amount of $500.00. This assessment is based upon the following facts:
Colen Hall operates an animal operation and associated animal waste management system
in Sampson County.
As of January 1, 1997, in accordance with N.C.G.S. 90 A-47.2 and 15A NCAC 8F.0201
a certified operator in responsible charge is required to operate the subject animal waste
management system.
In accordance with 15A NCAC 8F .0201(a), the owner of each animal operation having
an animal waste management system must submit a letter to the Certification Commission,
Division of Water Quality (DWQ), Technical Assistance and Certification Group, which
designates an Operator in Charge with the appropriate type of certification. This letter
must be signed by the owner and the certified operator and be submitted to the
Certification Commission by January 1, 1997 for all facilities'in operation as of that date.
In November, 1996 and April, 1997, DWQ mailed notices to all animal waste management
facilities who had not designated an operator with the DWQ.
E.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] Fax [phone]
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Colen Hall failed to designate an appropriately certified wastewater treatment operator in
responsible charge of the subject animal waste management system, in accordance with
15A NCAC 817.0201 (a).
Based upon the above facts, I conclude as a matter of law that Colen Hall violated or
failed to act in accordance with the requirements of N.C.G.S. 90 A-47.2 and 15A NCAC 8F
.0201. A civil penalty of not more than $1,000 per day maybe assessed against a person who is
required but fails to designate an appropriately certified wastewater treatment operator as
required by N.C.G.S. 90 A-47.5 and 15A NCAC 8F.0500.
Based upon the above facts and conclusions of law, I hereby assess Colen Hall a $500.00
civil penalty for this violation of N.C.G.S. 90 A-47.2 and 15A NCAC 8F.0201 pursuant to the
authority delegated to me by N.C.G.S. 90 A-47.2 and 15A NCAC 8F.0201.
Please find attached another Operator in Charge designation form. Please complete this
form and return it to;
WPCSOCC
Division of Water Quality
P.O. Box 29535
Raleigh, NC 27626-0535
If the aforementioned operator designation form is not at the above address within 30 days
of your receipt of this notice, you will be subject to further civil penalties of up to $1,000 for each
day that the operator in charge designation is not submitted. You may contact DWQ's Training
and Certification Group at [phone] for information- about designating a certified operator.
Within thirtv days receipt of this notice, you must do one of the fallowing:
1. Submit payment of the penalty:
Payment should be made directly to the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose
enforcement action for any continuing or new violation(s). Please submit payment
to the attention of:
Mr. Steve W. Tedder
Water Quality Section Chief
Division of Water Quality
P.O. Box 29535
Raleigh, North Carolina 27626-0535
or
2. Submit a written request for remission or mitigation including a detailed
justification for such request:
A request for remission or mitigation is limited to consideration of the
reasonableness of the amount of the penalty and is not the proper procedure for
contesting the accuracy of any of the statements contained in the assessment letter.
,Because a remission request. forecloses the option of an administrative hearing, such
a request must be accompanied by a waiver of your right to an administrative

hearing and a stipulation that there are no factual or legal issues in dispute. You
must execute and return to this office the attached waiver and stipulation form and a
detailed statement which you believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 14313-282.1(b)
were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting
from the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining
necessary remedial actions.
Please submit this information to the attention of
INIr. Steve W. Tedder
Water Quality Section Chief/DWQ
P.O. Box 29535
Raleigh, North Carolina 27626-4535
OR
3. Submit a written request for an administrative hearing:
If you wish to contest any portion of the civil penalty assessment, you must request
an administrative hearing. This request must be in the form of a written petition to
the Office of Administrative Hearings and must conform to Chapter 150B of the
North Carolina General Statutes. You must:
File your original petition with the:
Office of Administrative Hearings
P.O. Drawer 27447
Raleigh, North Carolina 27611-7447
and
Mail or hand -deliver a Copy of the petition to:
Mr. Richard Whisnant
Office of General Counsel
NCDENR
Post Office Box 27687
Raleigh, NC 27611

Failure to exercise one of the options above within thirty days, as evidenced by a date
stamp (not a postmark) indicating when we received your response, will result in this matter being
referred to the Attorney General's Office with a request to initiate a civil action to collect the
penalty. Please be advised that additional assessments may be levied for future violations which
occur after the review period of this assessment.
If you have any questions, please contact. Mr. Shannon Langley at [phone],
extension 581.
Sincerely,
A. Preston Howard, Jr., P
ATTACHMENTS
cc: Regional Supervisor w/ attachments
Compliance/Enforcement File wl attachments
Central Files w/ attachments
Public Information Officer wlattachments

STATE OF NORTH CAROLINA
COUNTY OF
ENVIRONNIENTAL MANAGEMENT
COMMISSION
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST } ADMINISTRATIVE HEARING AND
PERMIT NO. ) STIPULATION OF FACTS
FILE NO.
Having been assessed civil penalties totaling for
violation(s) as set forth in the assessment document of the Director of the Division of Nater Quality
dated, , the undersigned, desiring to seek remission of the civil
penalties, does hereby waive the right to an administrative hearing in the above -stated matter and
does stipulate that the facts are as alleged in the assessment document.
This the day of , I9�.
SIGNATURE
ADDRESS
TELEPHONE

ANIMAL WASTE MANAGEMENT SYSTEM
Q,PER ATOR LN CHARGE
DE.SMNATIO FORM
ANIMAL WASTE MANAGEMENT SYSTEM:
Facility LD Number: County: _
OPERATOR IN CHARGE
Home Mailing Address.
City State Zip
Certificate ;= Social Securit-7 r
Work Phone Horne 'hone
Signature Date
A *' t
Mailing. Address. Cita
S tate Zip Telephone;
Signature Date
Please Mail to: WPCSOCC
Division of Water Quality
P. O. Box 29535
Raleigh, N.C. 27626-0535

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr„ P.E„ Director
Colen Hall
Hall Farm
3441 Autry' Mill Rd,
Godwin, NC 28344
Dear Mr. Hall:
e��
[DEEHNFZ
April 3, 1997
MCENEV
APR 0 7 1997
ROF
EG OFFICE
SUBJECT: Notice of Violation
Designation of Operator in Charge
Hall Farm
Facility Number 82--550
Sampson County
You were notified by letter dated November 12, 1996, that you were required to designate a
certified animal waste management system operator as Operator in Charge for the subject facility by
January 1, 1997. Enclosed with that letter was an Operator in Charge Designation Form for your
facility. Our records indicate that this completed Form has not yet been returned to our office.
For your convenience we are sending you another Operator in Charge Designation Form for your
facility. Please return this completed Form to this office as soon as possible but in no case later
than April 25, 1997. This office maintains a list of certified operators in your area if you need
assistance in locating a certified operator.
Please note that failure to designate an Operator in Charge of your animal waste management
system, is a violation of N.C.G.S. 90A-47.2,and you will be assessed a civil penalty unless an
appropriately certified operator is designated. Please be advised that nothing in this letter should be
taken as absolving you of the responsibility and liability for any past or future violations for your
failure to designate an appropriate Operator in Charge by January 1, 1997.
If you have questions concerning this matter, please contact our Technical Assistance and
Certification Group at {919}733-0026.
Sincerely, ry�
for Steve W. Tedder, Chief
Water Quality Section
bb/awdesletl
cc: Fayetteville Regional Office
Facility File
Enclosure
P;O. Box 29535,N%;cAn
��FAX [phone]
Raleigh, North Carolina 27626-0535 Equal Opportunity/AfirmaWe Action Employer
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Farm A
Mailing
County
Integral
On Site
Physica
Type of
Design Capacity:Number of
DEM Certification Number: AC
Site Requires Immediate Attention:
Facility No. _F2_ -s3?-,
DIVISION OF ENVIRONMENTAL MANAGEMENT
ANIMAL FEEDLOT OPERATIONS SITE VISITATION RECORD
DATE: , 1995
Time: 2 ' Lt "I"
Latitude:
Does the Animal
Animals on Site: _ 0_
DEM Certification Number: ACNEW
Longitude: "
Circle Yes or No
Waste Lagoon ha sufficient freeboard of 1 Foot + 25 year 24 hour
(approximately I Foot + 7 inches) (Lesr No
Was any seepage observed from the lagoon(s).?
Is adequate land available for spray? a)or No
Crop(s) being utilized:
Does the facility meet SCS minimum setback criteria? 200 Feet from Dwellin s? fes or No
100 Feet from Wells? es or o
Is the animal waste stockpiled within 100 Feet of USGS Blue Line Stream? Yes or N
Is animal waste land applied or spray irrigated within 25 Feet of a USGS Map BlueLine: Yes oro
Is animal waste discharged into water offle state by marc -made ditch, flushing system, or other
similar man-made devices? Yes or o If Yes, Please Explain.
Does the facility maintain adequate waste management records (volumes of manure, land applied,
spray irrigated on specific acreage with cover crop)? Yes or No �d
Additional Comments: - 14z -AV
�., -r�, L
storm event
A ual Freeboard:_, 6_
Ft. �Inches
Yes orl Was any erosion observed? Yes or No
Is the cover crop adequate? Yes or No
.. - - 2: -, —& d - a, —e-,
Inspector Name
Signature
cc: Facility Assessment Unit Use Attachments if Needed.

State of North Carolina
Department of Environment,
Health and Natural Resources
James B, Hunt, Jr„ Governor
Jonathan B. Howes, Secretary
November 13, 1996
Colen Hall
Hall Farm
SUBJECT: Operator In Charge Designation
Facility: Hall Farm
Facility ID#: 82-550
Sampson County
Dear Mr. Hall:
1�
ED EE H F;Z
RECEIVED
Nov 191996
FAiYETi EViLLE
REG. OFFICE
Senate Bill 1217, An Act to Implement Recommendations of the Blue Ribbon Study
Commission on Agricultural Waste, enacted by the 1996 North Carolina General Assembly,
requires a certified operator for each animal waste management system that serves 250 or more
swine by January 1, 1997. The owner of each animal waste management system must submit a
designation form to the Technical Assistance and Certification Group which designates an
Operator in Charge and is countersigned by the certified operator. The enclosed form must be
submitted by January 1, 1997 for all facilities in operation as of that date. Failure to designate a
certified operator for your animal waste management system is a violation of 15A NCAC 2H
.0224 and may result in the assessment of a civil penalty,
If you have questions concerning operator training or examinations for certification, please
contact your local North Carolina Cooperative Extension Service agent or our office.
Examinations have been offered on an on-going basis in many counties throughout the state for
the past several months and will continue to be offered through December 31, 1996.
Thank you for your cooperation. If you have any questions concerning this requirement please
call Beth Buffington or Barry Huneycutt of our staff at 919n33-0026.
Sincerely,
A. Preston Howard, Jr., P. ., ' ector
Division of Water Quality
Enclosure
cc: Fayetteville Regional Office
Water Quality Files
P,O, Box 27687, ���4.
Raleigh. North Carolina 2761 1-7687 Nvf An Equal Oppor#unity/Affrmative Action Employer
Voice 919-715-4100 50% recycled/1 C% post -consumer paper

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