HomeMy WebLinkAboutOrdinances - MC-87-425 - 10/14/1987 - Add ch 28 soil and sediment controlORDINANCE NO. MC-87-425
AN ORDINANCE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
McHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS:
SECTION 1. The Municipal Code, City of McHenry,
Illinois, be and the same is hereby amended by adding
thereto the following provisions pertaining to soil
erosion and sedimentation control as and for Chapter 28
of said Code:
Section 28-1 Findings: The City Council of the
City of McHenry hereby finds that:
1. Excessive quantities of soil may erode from
areas undergoing development for certain
non-agricultural uses including but not limited to
the construction of subdivision improvements
pursuant to subdivision plans and specifications,
dwelling units, commercial buildings and industrial
plants, the building of roads and highways, and the
creation of recreational facilities;
2. The washing, blowing, and falling of eroded
soil across and upon roadways endangers the health
and safety of users thereof by decreasing vision and
reducing traction of road vehicles;
3. Soil erosion necessitates the costly
repairing of gulleys, washed-out fills, and
embankments;
4. Sediment from soil erosion tends to clog
sewers and ditches and to pollute and silt rivers,
streams, lakes and reservoirs;
5. Sediment limits the use of water and
water -ways for most beneficial purposes, promotes
the growth of undesirable aquatic weeds, destroys
fish and other desirable aquatic life, and is costly
and difficult to remove; and
6. Sediment reduces the channel capacity of
waterways, resulting in increased chances of
flooding at risk to public health and safety.
Section 28-2 Purpose: The City Council
therefore declares that the purpose of this
ordinance is to safeguard persons, protect property,
prevent damage to the environment, and promote the
public welfare by guiding, regulating and
controlling the design, construction, use and
maintenance of any development or other activity
which disturbs or breaks the topsoil or otherwise
results in the movement of earth on land situated in
the City of McHenry.
Section 28-3 Definitions: For the purpose of
this Ordinance, certain terms used herein are
defined as set forth below:
BUILDING PERMIT means a permit issued by the City
for the construction, erection or alteration of a
structure or building.
CERTIFY or CERTIFICATION means formally attesting
that the specific inspections and tests where
required have been performed, and that such tests
comply with the applicable requirements of this
Ordinance.
CUBIC YARDS means the amount of material in
excavation and/or fill measured by the method of
"average end areas."
EXCAVATION means any act by which organic matter,
earth, sand, gravel, rock or any other similar
material is cut into, dug, quarried, uncovered,
removed, displaced, relocated or bulldozed and shall
include the conditions resulting therefrom.
EXISTING GRADE means the vertical location of the
existing ground surface prior to excavation or
filling.
FILL means any act by which earth, sand, gravel,
rock or any other material is deposited, placed,
replaced, pushed, dumped, pulled, transported or
moved by man to a new location and shall include the
conditions resulting therefrom.
FINAL GRADE means the vertical location of the
ground or pavement surface after the grading work is
completed in accordance with the site development
plan.
GRADING means excavation or fill or any
combination thereof and shall include the conditions
resulting from any excavation or fill.
NATURAL DRAINAGE means channels formed in the
existing surface topography of the earth prior to
changes made by unnatural causes.
PARCEL means all contiguous land in one ownership.
PERMITEE means any person to whom a site
development permit is issued.
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PERSON means any individual, firm or corporation,
public or private, the State of Illinois and its
agencies or political subdivisions, and the United
States of America, its agencies and
instrumentalities, and any agent, servant, officer
or employee of any of the foregoing.
REMOVAL means cutting vegetation to the ground or
stumps, complete extraction, or killing by spraying.
SITE means a lot or parcel of land, or a
contiguous combination thereof, where grading work
is performed as a single unified operation.
SITE DEVELOPMENT means altering terrain and/or
vegetation and constructing improvements.
SITE DEVELOPMENT PERMIT means a permit issued by
the City for the construction or alteration of
ground improvements and structures for the control
of erosion, runoff and grading.
STRIPPING means any activity which removes the
vegetative surface cover including tree removal,
clearing, and storage or removal of top soil.
SUPERINTENDENT OF PUBLIC WORKS means the officer
of the City holding such title.
VACANT means land on which there are no
structures or only structures which are secondary to
the use or maintenance of the land itself.
CITY means the City of McHenry, McHenry County,
Illinois.
Section 28-4 General Principles. It is the
objective of this ordinance to control soil erosion
and sedimentation caused by development activities
in the City. Measures taken to control erosion and
sedimentation should be adequate to assure that
sediment is not transported from the site by a storm
event of ten-year frequency or less. The following
principles shall apply to all development activities
within the City and to the preparation of the
submissions required under this ordinance.
1. Development should be related to the
topography and soils of the site so as to create the
least potential for erosion. Areas of steep slopes
where high cuts and fills may be required should be
avoided wherever possible, and natural contours
should be followed as closely as possible.
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2. Natural vegetation should be retained and
protected wherever possible. Areas immediately
adjacent to natural watercourses should be left
undisturbed wherever possible.
3. The smallest practical area of land should be
exposed for the shortest practical time during
development.
4. Sediment basins, debris basins, desilting
basins, or silt traps or filters should be installed
and maintained to remove sediment from run-off
waters from land undergoing development.
5. The selection of erosion and sedimentation
control measures should be based on assessment of
the probable frequency of climatic and other events
likely to contribute to erosion, and on evaluation
of the risks, costs, and benefits involved.
6. In the design of erosion control facilities
and practices, aesthetics and the requirements of
continuing maintenance should be considered.
7. Provision should be made to accommodate the
increased run-off caused by changed soil and surface
conditions during and after development.
Drainageways should be designed so that their final
gradients and the resultant velocities of discharges
will not create additional erosion.
8. Permanent vegetation and structures should be
installed as soon as practical during development.
Section 28-5 Site Development Permit Required.
Except as otherwise provided in this ordinance, no
person shall commence or perform any grading,
stripping, excavating, or filling of land without
having first obtained a site development permit from
the Superintendent of Public Works of the City.
Section 28-6 Exceptions to Permit Requirement.
Although prior written notification of any site work
shall be given to the Superintendent of Public Works
by any person performing site work, a permit shall
not be required for any of the following:
1. Development of a site less than 2 1/2 acres -for
residential use, or of less than 2 1/2 acres for
commercial or industrial use; provided that the
person responsible for any such development shall
implement necessary erosion and sedimentation
control measures to satisfy the principles set forth
in this Ordinance;
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2. Agricultural use of land (regardless of
zoning), including the implementation of
conservation measures included in a farm
conservation plan approved by the Soil and Water
Conservation District, and including theconstruction
of agricultural structures;
3. Installation, renovation, or replacement of a
septic system to serve an existing dwelling or
structure.
Section 28-7 Application for Permit.
Application for a site development permit shall be
made by the owner of the property or his authorized
agent to the Superintendent of Public Works on a
form furnished for that purpose. Each application
shall bear the name(s) and address(es) of the owner
or developer of the site and of any consulting firm
retained by the applicant together with the name of
the applicant's principal contact at such firm, and
shall be accompanied by a filing fee of $ 25. too
Each application shall include certification that
any land clearing, construction, or development
involving the movement of earth shall be in
accordance with the plans approved upon issuance of
the permit.
Section 28-8 Accompanying Application for Permit.
Each application for a site development permit shall
be accompanied by the following information:
1. A vicinity map in sufficient detail to enable
easy location in the field of the site for which the
permit is sought, and including the boundary line
and approximate acreage of the site, existing
zoning, and a legend and scale.
2. A development plan of the site showing:
a. Existing topography of the site and
adjacent land within approximately 100 feet
of the boundaries, drawn at no greater than
two -foot contour intervals and clearly
portraying the conformation and drainage
pattern of the area.
b. The location of existing buildings,
structures, utilities, water bodies, flood
plains, drainage facilities, vegetative
cover, paved areas, and other significant
natural or man-made features on the site and
adjacent land within approximately 100 feet
of the boundary.
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c. A general description of the predominant
soil types on the site, their location, and
their limitations for the proposed use.
d. Proposed use of the site, including
present development and planned utilization;
areas of excavation, grading, and filling;
proposed contours, finished grades, and
street profiles; provisions for storm
drainage, including the control of
accelerated runoff, with a drainage area map
and computations; kinds and locations of
utilities; and areas and acreages proposed to
be paved, covered, sodded or seeded,
vegetatively stabilized, or left undistrubed.
3. An erosion and sedimentation control plan
showing:
a. A1.1 erosion and sedimentation control
measures necessary to meet the objectives of
this Ordinance throughout al-1 phases of
construction and permanently after completion
of development of the site.
b. Seeding mixtures and rates, types of sod,
method of seedbed preparation, expected
seeding dates, type and rate of lime and
fertilizer application, and kind and quantity
of mulching for both temporary and permanent
vegetative control measures.
C. Provisions for maintenance of control
facilities, including easements, and
estimates of the cost of maintenance.
d. Identification of the person(s) or entity
which will have legal responsibility for
maintenance of erosion control structures and
measures after development is completed.
4. The proposed phasing of development of the
site, including stripping and clearing, rough
grading and construction, and final grading and
landscaping. Phasing should identify the expected
date on which clearing will begin, the estimated
duration of exposure of cleared areas, and the
sequence of clearing, installation of temporary
sediment control measures, installation of storm
drainage, paving streets and parking areas, and
establishment of permanent vegetative cover.
M.
These submissions shall be prepared in accordance
with the standards and requirements contained in
"Procedures and Standards for Soil Erosion and
Sedimentation Control in Northeastern Illinois"
prepared by the Northeastern Illinois Erosion and
Sedimentation Control Steering Committee and adopted
by the McHenry County Soil and Water Conservation
District, which standards and requirements are on
file in the Office of the City Clerk and hereby
incorporated into this Ordinance by reference.
The Superintendent of Public Works may waive
specific requirements for the content of submissions
upon finding that the information submitted is
sufficient to show that the work will comply with
the objectives and principles of this Ordinance.
Section 28-9 Bonds. The applicant shall file
with the City a faithful performance bond or bonds,
letter of credit, or other improvement security in a
form satisfactory to the City Attorney and in an
amount deemed sufficient by the City Engineer to
cover all costs of improvements, landscaping,
maintenance of improvements and landscaping for a
period of one year after the installation thereof or
for such other period that the City Engineer may
determine and specify, and engineering and
inspection costs tocover the cost of failure or
repair of improvements installed on the site.
Section 28-10 Review and Approval. Each
application for a site development permit shall be
reviewed and acted upon according to the following
procedures:
1. The Superintendent of Public Works will
review each application for a site development
permit to determine its conformance with the
provisions of this Ordinance. The Superintendent of
Public Works may also refer any application to the
City Engineer, the McHenry County Soil and Water
Conservation District and/or any other local
government or public agency within whose
jurisdiction the site is located for review and
comment. Within sixty (60) days after receiving an
application, the Superintendent of Public Works
shall in writing, (a) approve the permit
application if it is found to be in conformance with
the provisions of this Ordinance, and issue the
permit; (b) approve the permit application subject
to such reasonable conditions as may be necessary to
secure substantially the objectives of this
Ordinance, and issue the permit subject to these
conditions; or (c) disapprove the permit
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application, indicating the deficiencies and the
procedure for submitting a revised application
and/or submission.
2. No site development permit shall be issued
for an intended development site unless:
a. The development, including but not
limited to subdivisions and planned unit
development, has been approved by the City
where applicable, or
b. Such permit is accompanied by or combined
with a valid building permit issued by the
City, or
C. The proposed earth moving is coordinated
with any overall development program
previously approved by the City for the area
in which the site is situated.
3. Failure of the Superintendent of Public Works
to act on an original or revised application within
sixty (60) days of receipt shall authorize the
applicant to proceed in accordance with the plans as
filed unless such time is extended by agreement
between the Superintendent of Public Works and the
applicant. Pending preparation and approval of a
revised plan, development activities may be allowed
to proceed in accordance with conditions established
by the Superintendent of Public Works.
Section 28-11 Appeals. The applicant, or any
person or agency which received notice of the filing
of the application, may appeal the decision •of the
Superintendent of Public Works to the City Council.
Such appeals shall be filed with the City Clerk in
writing within ten (10) days after the applicant has
received the decision of the Superintendent and the
appeal shall specify the decision from which the
appeal is taken and the basis and reasons for the
appeal. Factors to be considered on appeal shall
include, but need not be limited to, the effects of
the proposed development activities on the surface
water flow to tributary and downstream lands, any
comprehensive watershed management plans, or the use
of any retention facilities; possible saturation of
fill and unsupported cuts by water, both natural and
domestic; runoff surface waters that produce erosion
and silting of drainageways; nature and type of soil
or rock which when disturbed by the proposed
development activities may create earth movement and
produce slopes that cannot be landscaped; and
excessive and unnecessary scarring of the natural
landscape through grading or removal of vegetation.
Section 28-12 Retention of Plans. Plans,
specifications, and reports for all site
developments shall be retained in original form or
on microfilm by the Superintendent of Public Works.
Section 28-13 Operation Standards and
Requirements. All grading, stripping, excavating,
and filling which is subject to the permit
requirements of this Ordinance, and any grading,
stripping, excavating and filling which is exempted
from the permit requirement by Section 28-6 of this
Ordinance, shall be subject to the applicable
standards and requirements set forth herein.
Section 28-14 Permittee's Responsibility; City
Immunity. The permittee is not relieved of
responsibility for damage to persons or property
otherwise imposed by law, and the City, its
officers, agents, servants and employees shall not
be liable for such damage, by (1) the issuance of a
permit under this Ordinance, (2) compliance or
non-compliance with the provisions of that permit or
with conditions attached to it by the Superintendent
of Public Works, (3) failure to observe or
recognize hazardous or unsightly conditions, (4)
failure to recommend denial of or to deny a permit,
or (5) exemptions from the permit requirements of
this Ordinance.
Section 28-15 Handbook Adopted by Reference.
The standards and specifications contained in
"Procedures and Standards for Soil Erosion and
Sedimentation Control in Northeastern Illinois,"
cited in Section 28-8 of this Ordinance are. hereby
incorporated into this Ordinance and made a part
hereof by reference for the purpose of deliniating
procedures and methods of operation under site
development and erosion and sedimentation control
plans approved under this Ordinance. In the event
of conflict between provisions of said manual and of
this Ordinance, the Ordinance shall govern.
Section 28-16 Inspection. The Superintendent of
Public Works shall make inspections, or shall cause
them to be made, and shall either approve that
portion of the work completed or shall notify the
permittee wherein the work fails to comply with the
site development or erosion and sedimentation
control plan as approved. Plans for grading,
stripping, excavating, and filling work bearing the
signature of the Superintendent of Public Works
shall be maintained at the site during progress of
the work.
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Section 28-17 Special Precautions.
1. If at any stage of the grading of any
development site the Superintendent of Public Works
determines by inspection that the nature of the site
is such that further work authorized by an existing
permit is likely to imperil any property, public
way, watercourse or drainage structure, the
Superintendent of Public Works may require, as a
condition of allowing the work to be done, that such
reasonable special precautions t be taken as is
considered advisable to avoid the likelihood of such
peril. "Special precautions" may include, but shall
not be limited to, a more level exposed slope,
construction of additional drainage facilities,
berms, terracing, compaction, or cribbing,
installation of plant materials for erosion control,
and the recommendations of the City Engineer.
2. Where it appears that storm damage may result
because the grading on any development site is not
complete, work may be stopped and the permittee
required to install temporary structures or take
such other measures as may be required to protect
adjoining property or the public safety. On large
developments or where unusual site conditions
prevail, the Superintendent of Public Works may
specify the time of starting grading and time of
completion or may require that the operations be
conducted in specific stages so as to insure
completion of protective measures or devices prior
to the advent of seasonal rains.
Section 28-18 Amendment of Plans. Amendments of
the site development or erosion and sedimentation
control plans shall be submitted to the
Superintendent of Public Works and shall be
processed and approved or disapproved in the same
manner as the original plans. Field modifications
of a minor nature may be authorized in writing by
the Superintendent of Public Works.
Section 28-19 Expiration of Permit. Every site
development permit shall expire and become null and
void if the work authorized by such permit has not
been commenced within one hundred and eighty (180)
days of the permit date, or is not completed by a
date which shall be specified in the permit; except
that the Superintendent of Public Works may, if the
permittee presents satisfactory evidence that
unusual difficulties have prevented work being
commenced or completed within the specified time
limits, grant a reasonable extension of time if
written application is made before the expiration
date of the permit.
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Section 28-20 Exceptions From Requirements and
Regulations. The City Council may, in accordance
with the following procedures, authorize exceptions
to any of the requirements and regulations set forth
in this Ordinance:
1. Application for any exception shall be made
by a verified petition of the applicant for a site
development permit, stating fully the grounds of the
petition and the facts relied upon by the applicant.
Such petition shall be filed with the site
development permit application. No petition shall
be granted unless the City Council expressly finds:
a. That the land is of such shape or size or
is affected by such physical conditions or is
subject to such title limitations of record
that it is impossible or impractical for the
applicant to comply with all of the
requirements of this Ordinance; and,
b. That the exception is necessary for the
preservation and enjoyment of a substantial
property right of the applicant; and
C. That the granting of the exception will
not be detrimental to the public welfare or
injurious to other property in the vicinity
of the subject property.
2. Each application for an exemption shall be
referred to the Superintendent of Public Works for
review. The Superintendent of Public Works shall
transmit its recommendations to the City Council,
which shall review such recommendations prior to
granting or denying the exception.
3. The City Council shall hold a public hearing
on each application for exception. After public
hearing, the City Council may approve the site
development permit application with the exceptions
and conditions it deems necessary or it may
disapprove such site development permit application
and exception application or it may take such other
action as appropriate.
Section 28-21 Stop -Work Order; Revocation of
Permit. In the event any person holding a site
development permit pursuant to this Ordinance
violates the terms of the permit, or carries on site
development in such a manner as to materially
adversely affect the health, welfare, or safety of
persons residing or working in the neighborhood of
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the development site or so as to be materially
detrimental to the public welfare or injurious to
property or improvements in the neighborhood, the
Superintendent of Public Works may suspend or revoke
the site development permit.
1. Suspension of a permit shall be by a written
stop -work order issued by the Superintendent of
Public Works and delivered to the permittee or his
agent or the person performing the work. The
stop -work order shall be effective immediately,
shall state the specific violations cited, and shall
state the conditions under which work may be resumed.
A stop -work order shall remain in effect until the
next regularly scheduled meeting of the City Council
at which the conditions of sub -paragraph 2 below can
be met.
2. No site development permit shall be
permanently suspended or revoked until a hearing is
held by the City Council. Written notice of such
hearing shall be served on the permittee, either
personally or by registered or certified mail, and
shall state:
a. The grounds or reasons for suspension or
revocation;
b. The date, time and place of such hearing.
Such notice shall be served on the permittee at
least five (5) days prior to the date set for the
hearing. At such hearing, the permittee shall be
given an opportunity to be heard and may call
witnesses and present evidence on his behalf. At
the conclusion of the hearing the City Council shall
determine whether the permit shall be suspended or
revoked.
Section 28-22 Violations and Penalties. No
person, firm, corporation or entity shall construct,
enlarge, alter, repair, or maintain any grading,
excavation or fill, or cause the same to be done,
contrary to or in violation of any terms of this
Ordinance. Any person violating any of the
provisions of this Ordinance shall be deemed guilty
of a misdemeanor, and each day during which any
violation of any of the provisions of this Ordinance
is committed, continued, or permitted shall
constitute a separate offense. Upon conviction of
any such violation, such person, firm, corporation
or entity shall be punished by a fine of not more
than ($500) for each offense. In addition to any
other penalty authorized by this section, any
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person, firm, corporation or entity convicted of
violating any of the provisions of this Ordinance
shall be required to restore the site to the
condition existing prior to commission of the
violation, or to bear the expense of such
restoration.
Section 28-23 Separability. The provisions and
sections of this Ordinance shall be deemed to be
separable, and the invalidity of any portion of this
Ordinance shall not affect the validity of the
remainder.
Section 28-24 Fees and Expenses to be Reimbursed
to City by ermittee._ Permittees shall pay and
reimburse the City for any and all Council and
Administrative expenses and costs, and for any and
all fees, salaries or compensations incurred and
charged to the City by retained personnel of the
City in connection with planning, reviewing,
evaluating, advising, approving, implementing or
enforcing any site development application or permit
by the City.
1. Retained personnel shall be defined as any
engineer, attorney, planner, economist, or other
technical, professional or other expert paid and
retained by said City to assist or advise said City,
directly and indirectly, in planning, reviewing,
evaluating, advising, approving, implementing or
enforcing any site development application or permit
by said City.
2. The permittee shall deposit with the City
into a specified account, the following amounts to
be used toward defraying expenses and fees of its
retained personnel:
The surm, fr fc�y e t�iWIAUed Dollars ($100.00) per
acre/Qnv3 v in t site development, with a
minimum deposit of Two Hundred Dollars
($200.00) and a maximum deposit of Fifteen
Hundred Dollars ($1,500.00).
3. An acre for the purposes of this Subsection 2
aforesaid shall be defined as that measurement of
land that is the dimension of an acre
notwithstanding any roads, buildings or other
physical structures or obstacles located on, within
or adjacent to said measurement.
4. All proceedings and work in connection with
such application shall be stayed until said sum so
designated is deposited with the City as aforesaid.
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S. Any statement or bill submitted to the City
by the retained personnel shall segregate and
identify the charges and fees incurred directly or
indirectly connected with said site development. A
duplicate statement shall be forwarded to said
permittee at the time said charges and fees are
withdrawn from said specified amount.
6. At any time the balance of the specified
amount reaches Three Hundred Dollars ($300.00),
the City Clerk may demand from the permittee a sum
of money that, in addition to the balance in said
specified amount, shall equal the amount originally
required hereunder or such lesser fraction thereof
that the City Council might, in such cases,
determine.
7. All proceedings and work, with regard to such
site development shall be stopped until said
subsequent demands for payment of fees shall be
deposited in said specified account.
8. Any demand or subsequent demand of the City
Clerk, not deposited by the permittee within six
months of the date of said demand shall terminate
and render null and void the proposed site
development plan.
9. All retained personnel funds required to be
deposited by the permittee shall be deposited by the
City into a specified account and shall be held in
the name of the City.
10. The City Council may, for good cause shown
by the permittee in writing to said Council, grant
continuances in writing to said permittee in
connection with said deposits.
11. The City Council may, in their discretion
and upon written resolution, waive the requirements
of this section.
12. Upon the presentment of the final statement
of the retained personnel and within sixty (60) days
of the approval of the work done pursuant to said
permit, any balance remaining in the specified
account, excluding any interest, shall be returned
and repaid to the permittee. Any interest that may
be earned in connection with said deposit shall be
retained by the City.
13. The aforesaid retained personnel deposit
• shall not be required during the time that any
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retained personnel funds are on deposit pursuant to
the requirements of the Subdivision Control
Ordinance of the City in connection with any
subdivision development.
SECTION 2. All ordinances, or parts thereof, in
conflict with the terms and provisions hereof, be and the
same are hereby repealed to the extent of such conflict.
SECTION 3. This ordinance shall be published in
pamphlet form by and under the authority of the corporate
authorities of the City of McHenry, Illinois.
SECTION 4. This ordinance shall be in full force
and effect from and after its passage, approval and
publication in pamphlet form, as provided by law.
PASSED this 14thday of October , 1987
AYES: Nolan, Serritella, Smith, Teta, Busse
NAYS: Bolger, Lieder
ABSTAINED: None
ABSENT: McClatchey, Patterson
NOT VOTING:
APPROVED this 14th day of October
ATTEST:
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