HomeMy WebLinkAboutRock Fall Mitigation - Executive SessionMEMORANDUM
TO: Vail Town Council
FROM: Community Development Department
Town Attorney's Office
DATE: April 19, 2011
SUBJECT: Conveyance of Rockfall Hazard Area Proposal
Purpose
The purpose of this memorandum is to present a conveyance of rockfall hazard area proposal,
dated March 31, 2011, received from the Briar Patch Association to the Vail Town Council for
review and consideration. Staff is recommending the Town Council responds to the
Association's proposal with a counter proposal consistent with the "recommended terms of
conveyance" outlined in the section below
Background
On March 31, 2011, the law 'firm of Sherman &Howard, L. L. C., presented a proposal to convey
a rockfall hazard area to the Town of Vail. (A copy of the proposal has been attached for
reference.) The proposal was presented in response to the Town's inquiries regarding the
conveyance of a portion of land presently owned by the Briar Patch Association. The Town's
interest in acquiring the rockfall hazard area is to facilitate the construction of rockfall hazard
mitigation improvements on the land to accommodate the redevelopment of the eastern 5.24
acres of the Timber Ridge Village Apartments.
Proposed Terms of Conveyance Recommended Terms of Conveyance
1. The purchase price shall be $320,000. 1. The recommended purchase price
shall be $280,000
2. The Association shall convey 2. Agree
approximately +/-3.611 acres of land to
the Town of Vail.
3. Title insurance shall be provided by the 3. Agree
Association under a standard ALTA
policy in a form acceptable to the
Town.
4. A portion of right of way along Buffehr 4. A portion of right of way along Buffehr
Creek Road shall be vacated. Creek Road shall be vacated subject to
a road maintenance easement
agreement.
5. The Association and the Town shall 5. Agree
proceed immediately with the
preparation of the subdivision
application.
6. The Association and the Town shall 6. Agree
jOintly pursue an application to replat
the subdivision creating the land area
to be conveyed.
7. No change in zoning or additional 7. The Town may pursue an application
developments right shall be granted. to rezone the land to Natural Area
Preservation District at the Town's
discretion.
8. The land area conveyed to the Town 8. Agree
shall remain open space in perpetuity.
9. No vertical rockfall mitigation 9. Agree
improvements shall be installed on the
land.
10. Closing shall occur within 30 days of 10. Agree
the final recording of the replat.
11. No additional developments shall be 11. Agree
granted to the Association.
12. Conveyance shall be evidenced by a 12. Agree
general warranty deed.
13. The Association shall immediately 13. Agree
pursue an amendment to the
subdivision declarations confirming the
approval of the conveyance by the
Association and the Association's
authority to act on behalf of the owners
to consummate the conveyance.
14. The Town agrees to pay one half of the 14. The cost of the legal fees incurred in
legal fees incurred by the Association the conveyance process shall be
not to exceed $7,000. included in the cost of the replat. Total
costs to the Town of the replat process
and legal fees shall not exceed
$10,000.
Rockfall Mitigation Options
The Town staff has presented, and the Vail Town Council has considered, no less than seven
options for mitigating the high severity rockfall hazard impacting the Timber Ridge
redevelopment site. Every option considered has the ability to effectively mitigate the hazard
and comply with the Town's adopted Hazard Regulations. The substantive difference between
the options is cost to construct and the aesthetic impacts on the surrounding area. Copies of
staff memorandums to the Vail Town Council outlining rockfall mitigation options and
comparative costs have been attached for reference.
Recommendation
Town staff recommends the Vail Town Council instructs staff to present the recommended
terms of conveyance to the Briar Patch Association for acceptance and subsequently pursue
Rockfall Mitigation Option #2, as outlined in the staff memorandum dated February 1. 2011
(attached) Staff recommends acquiring the land through the use of real estate transfer tax
funds.
Staff's recommendation is based upon the following facts:
2
• The recommended purchase price of $280,000.
• The portion of Buffehr Creek Road right of way to be vacated remains accessible to the
Town for public road purposes pursuant to a road maintenance easement agreement.
• Rockfall Mitigation Option #2 does not require vertical rockfall mitigation improvements
to construct.
• The total cost to construct Rockfall Mitigation Option #2 and to acquire the rockfall
hazard area (+1-$290,000) is substantially less than the total cost to construct the
rockfall mitigation improvements on town-owned land adjacent to the development site
(+1-$1.2-$1.3 mil).
• The negative aesthetic impacts of the Rockfall Mitigation Option # 2 are the least of all
options considered. The only option less impactful aesthetically would be to incorporate
the required mitigation into the structural design of the proposed buildings. However,
given the status of the proposed Timber Ridge redevelopment application that is no
longer a realistic option for consideration.
Attachments
Briar Patch Association Proposal to Convey Rockfall Hazard Area, dated March 31, 2011
Exhibit, Parcels A through F, Fourth Amendment to the Residences at Briar Patch
Draft Amended Final Plat, Fifth Amendment to the Residence.s at Briar Patch
Draft Amended Final Plat, Fifth Amendment to the Residences at Briar Patch wltopo
Aerial Photograph of the Residences at Briar Patch Subdivision
Staff memorandum, dated February 1, 2011
Venter Rockfall Mitigation Recommendation Compliance Letter, dated January 26, 2011
Rockfall Mitigation above the Timber Ridge Apartments in Vail, Colorado, Venter Report, dated
October 29, 2010.
Staff memorandum, dated August 3,2010
Staff memorandum, dated July 20,2010
3
AITORNEYS & COUNSELORS AT LAW
1000 SOUTH FRONTAGE ROAD WEST, SUITE 200
VAIL, COLORADO 81657 Sherman & Howard L.L.C. TELEPHONE: (970) 476-7646
FAX: (970) 476-7118
www.sHERMANHOWARD.COM
Wendy St. Charles
Direct Dial Number: (970) 790-1612
E-mail: WStcharles@ShermanHoward.com
March 31, 2011
VIA FACSIMILE, EMAIL AND FIRST CLASS MAIL
Town of Vail
Community Development Department
Attn: George Ruther, AICP, Director
75 South Frontage Rd.
Vail, CO 81657
Re: Proposal to Convey Rockfall Hazard Area
Dear Mr. Ruther:
As relayed in our meetings to date, our firm represents Briar Patch Association (the
"Association") with respect to discussions with the Town of Vail (the "Town") and the Town's
interest in the hillside area above Lions Ridge Loop. We understand the Town has determined
that a portion of the hillside contains potential rockfall hazards that require mitigation to
preserve and protect the community below. The area of interest is a portion of the common
parcel benefitting "The Residence at Briar Patch" subdivision (the "Subdivision") and is owned
by the Association. The Association and its members are pleased to work with the Town to
enable the Town to move forward with mitigating the potential rockfall hazard by conveying
approximately 3.291 acres (and potentially up to 3.611 acres) ofthe subject hillside to the Town
on the following terms:
• The proposed purchase price for the area of interest identified as the "Town
Parcel," together with the crosshatched area on the draft "Fourth Amendment to
The Residences at Briar Patch" attached hereto (the "Replat") is $320,000
(approximately $88,618.00 per acre). The core area to be conveyed to the Town
consists of 3.291 acres, and the crosshatched area adjacent to Buffehr Creek
Road consists ofan additional .320 acres.
• The conveyance will occur in conjunction with the Replat ofthe Subdivision to
be undertaken by the Association and the Town.
• The Association and the Town will be joint applicants in the application to
replat the Subdivision. The Replat will create a separate legal parcel for the area
to be conveyed to the Town and will create legal lots (as opposed to the existing
Shennan & Howard L.L.C.
George Ruther, AICP
March 31, 2011
Page 2
building envelopes) for the five single family residences in the Subdivision as
proposed on the Replat.
• There will be no change in zoning (currently cluster zoning) and no
development rights for additional structures in the Subdivision will be sought or
granted.
• The conveyance to the Town will be evidenced by a general warranty deed.
• Title in the land conveyed will be insured under a standard ALTA fonn policy,
in a fonn acceptable to the Town.
• The Town and Association will share equally in the cost of the Replat.
• The existing right-of-way along the southerly side of BufIehr Creek Road will
be vacated.
• The land conveyed to the Town will remain open space in perpetuity with
covenants in place restricting development of any nature in the future. No
public access will be allowed given the hazardous nature of the area and no
improvements of any nature will be allowed to be constructed in the future,
such that the only activity to occur on the land conveyed to the Town shall be
rockfall hazard mitigation work. No vertical improvements will be installed,
including with respect to the rockfall hazard mitigation, to preserve and protect
views and the current appeal of the Subdivision.
• The Association will proceed immediately with preparing the application for the
Replat of the Subdivision.
• Closing shall occur on the later of (i) 30 days from the date of the Town's fmal
approval ofthe tenns ofthe conveyance, and (ii) fmal approval and recording of
the Replat.
• The declaration recorded against the Subdivision will be amended to confinn
approval of the conveyance to the Town by the members of the Association and
the Association's authority to act on behalf of the owners to consummate the
conveyance of the area ofinterest to the Town.
• The Town and Association agree to share equally in the costs incurred in the
conveyance and Replat process and the Town agrees to pay one half of the legal
fees incurred by the Association not to exceed Seven Thousand Dollars
($7,000.00) as to the Town's share.
Shennan & Howard L.L.C.
George Ruther, AICP
March 31, 2011
Page 3
Provided the Town approves the tenns for the conveyance as outlined above the
Association's counsel will prepare, a definitive agreement with such additional tenns as may be
appropriate to facilitate and effect the conveyance to the Town in conjunction with the Replat.
We look forward to working with the Town to finalize tenns for the conveyance as
expeditiously as possible.
Sincerely,
~.
Wendy St. Charles
WSTC:nlf
Encl. Replat Map
cc: Thomas Bogard, Briar Patch Association
MEMORANDUM
TO: Vail Town Council
FROM: Community Development Department
Public Works Department
DATE: August 3, 2010
SUBJECT: Timber Ridge Redevelopment Update and Geologic Hazard Mitigation
Update
Significant progress has been made since the last formal update to the Town Council on
April 6, 2010, on the review of the development applications associated with the
redevelopment of Timber Ridge Village Apartments. The applicant, Vail Timber Ridge
LLC has appeared before the Town of Vail Design Review Board at four public meetings
to receive conceptual review of the proposed plans. To date, the applicant has been
responding favorably to the input and comments shared by the Board. At this time, the
applicant is scheduled for a final review of the design review application by the Town of
Vail Design Review Board on Wednesday, August 4th.
The Town staff and the applicant have also been evaluating additional options for the
mitigation of the geologic hazards directly affecting the site. In addition to the four
previously explored mitigation options, three alternate options have been developed and
evaluated. All together, a total of seven options have been studied. One option has
been eliminated as it is generally impractical to implement.
Action Requested of Town Council
The Town staff is requesting direction from the Vail Town Council on which two rockfall
mitigation options should be further evaluated for possible implementation. Pursuant to
the pre-development agreement with Vail Timber Ridge LLC, the Town of Vail and Vail
Timber Ridge LLC are obligated to cost share (50/50) the evaluation and subsequent
design of the rockfall mitigation improvements. The Town of Vail is obligated to pay for
the cost of constructing the improvements.
Following the staff presentation, the Town Council is being asked to select two options
for further evaluation and study. Based upon the Town Council's direction staff will work
cooperatively with the applicant to assemble more detailed design drawings and
construction cost estimates.
Background
Pursuant to the Official Hazard Map of the Town of Vail adopted by the Vail Town
Council, the Timber Ridge redevelopment site is located within a high severity rockfall
hazard zone. A site specific geologic hazard report prepared by HP Geotech reaffirms
this designation and has concluded that the site can be developed provided mitigation
can be accomplished to reduce the danger to the public health and safety and to protect
the inhabitants of the Town from the hazard. The Town of Vail may not exempt itself
from the adopted hazard regulations without first adopting amendments to the Zoning
Regulations.
Purpose
The purpose of this memorandum is to generally describe each of the options and
provide a list of pros and cons associated with each. In the end, the staff and applicant
are requesting design direction from the Town Council on which option(s) to pursue.
Pursuant to the Zoning Regulations of the Town of Vail, a final review can not be heard
until a final geologic hazard mitigation plan is submitted and approved in accordance
with Chapter 21 of the Zoning Regulations.
Next Steps
Pursuant to the conditions of approval, the Developer is scheduled to appear before the
Town of Vail Planning & Environmental Commission on Monday, August 23rd to present
a revised landscape plan and site plan. Among other obligations, the revised site plan
must include the proposed geologic hazard mitigation measures proposed for the
project.
Geologic Hazard Mitigation Options
According to the Official Town of Vail Geologic Hazards Map, the Timber Ridge
redevelopment site is located with a high severity rockfall hazard zone. The findings of a
site specific geologic hazards study (HP Geotech, 2009) concluded that future rockfall is
likely infrequent but has the potential to present a significant risk to the proposed
redevelopment. With this in mind, a number of conceptual rockfall mitigation options
were proposed. The Colorado Rockfall Simulation Program was used to evaluate the
rockfall dynamics for each of the mitigation options.
Staff has reviewed six possible options for rockfall mitigation for the proposed
redevelopment. The options include wire rope net barriers, a mechanically stabilized
earth (MSE) barrier and outcrop stabilization. In addition to the differing types of
mitigation, a number of different locations were considered. The locations include high
up on the hillside immediately adjacent to the rock outcrop, midway down the slope,
along the top of the existing road cut and along the north or south edges of Lions Ridge
Loop. All options are viable and could be constructed to achieve a 90% or 98% level of
probability. All options require the construction of 900 -1,000 feet of rockfall mitigation
and the creation of an access and maintenance easement. The estimated cost of each
option assumes a 90% confidence level of protection probability.
Option 1: MSE BaFFier (option disregarded due to impracticalities)
Option 2: Wire Rope Net Barrier on the Property
The wire rope net barrier requires a retained fill bench to be constructed wide enough to
accommodate the barrier. Construction access is off of Lions Ridge Loop. The barrier is
approximately 15 feet tall in height. Estimated Cost -$1,490,000
2
Pros
• Mitigation is located on the development site
• Largely screened from view by the buildings
• Does not require permission from adjoining property owners to construct
• Can be screened visually with landscaping
• Ease of access and maintenance
Cons
• Requires construction of a costly down slope retaining wall
• Affects on site snow removal operations
• Requires changes to on site retaining wall system design
• Does not protect the road
• Least cost effective option
Option 3: Wire Rope Net Barrier at the Rock Outcrop
The wire rope net barrier would be constructed along the base of the rock outcrop up on
the hillside. A temporary access trail/road or helicopter would provide access to the
barrier location for construction. The barrier is approximately 10 feet tall in height.
Estimated Cost -$600,000 -$650,000
Pros
• Requires a 50% shorter net barrier height when compared to other options
• Protects the road and the Timber Ridge residents
Cons
• Requires the mitigation to be constructed on Town of Vail Open Space
• Requires permission from adjoining property owners to construct
• Greater negative visual impacts
• Costly construction access via helicopter or foot paths
• Site disturbance caused by temporary access road/trail
Option 4: Wire Rope Net Barrier above Lions Ridge Loop
The wire rope net barrier would be constructed along the top of the road cut of Lions
Ridge Loop. Construction would require crane access from Lions Ridge Loop. The
barrier is approximately 11 feet tall in height. Estimated Cost -$400,000 -$430,000
Pros
• Protects the road and the Timber Ridge residents
• Ease of access and maintenance
• Results in a lower net height
• Most cost effective option
• Maintains two way traffic on Lions Ridge Loop
Cons
• Requires permission from adjacent property owners to construct
• More difficult to screen from view with landscaping
• Greater negative visual impacts
• Requires mitigation to be constructed on Town of Vail Open Space
3
Option 5: Outcrop Stabilization
The anchored outcrop stabilization (hair net) will be achieved by pinning a flexible steel
mesh on the outcrops with grouted rock bolts. A temporary access trail/road or
helicopter would provide access to the barrier location for construction. The outcrop
stabilization would be approximately 113,220 square feet or 2.6 acres in size. Estimated
Cost -$640,000 -$690.000
Pros
• Mitigates the hazard directly at the source
• Very low maintenance once constructed
• Could be visually screened with native landscaping
Cons
• Requires the mitigation to be constructed on Town of Vail Open Space
• Requires permission from adjoining property owners to construct
• Costly construction access via helicopter or foot paths
• Site disturbance caused by temporary access road/trail
Option 6: Wire Rope Net Barrier above a New Wall along Lions Ridge Loop
The wire rope net barrier would be constructed atop a retained fill bench located on the
north side of Lions Ridge. Lions Ridge Loop would shift about six feet to the south.
Construction access is off of Lions Ridge Loop. The barrier is approximately 11 feet tall
in height. Estimated Cost -$810,000 -$890,000
Pros
• Does not require permission from adjoining property owner to construct
• Protects the road and the Timber Ridge residents
• Ease of access and maintenance
Cons
• May impact existing traffic patterns in the area
• Requires the relocation of existing utility lines
• A more costly option given the road relocation required
Option 7: Wire Rope Net Barrier on Property with Relocated Lions Ridge Loop
The wire rope net barrier would be constructed atop a retained fill bench located along
the southerly edge of Lions Ridge Loop. Lions Ridge Loop would be slightly realigned to
the north (+/-10 feet) to accommodate the fill bench. The barrier is approximately 20 feet
tall in height. Construction access is off of Lions Ridge Loop. Estimated Cost
$596,000 -$656,000
Pros
• Maintains two way traffic on Lions Ridge Loop
• Does not require the relocation of existing utility lines
• Can be screened visually with landscaping
• Ease of access and maintenance
• Largely screened from view by the buildings
• Mitigation takes place adjacent to the development
4
Cons
• Requires the mitigation to be constructed on Town of Vail right-of-way
• Greater negative visual impacts due to higher fence height
• Requires road to be relocated
Staff Recommendation
The Town staff is recommending that the Vail Town Council instructs the staff and Vail
Timber Ridge LLC to pursue further evaluation and study of Option # 4 and Option #7.
Staff's recommendation is based upon our review and understanding of:
1) the applicable Zoning Regulations,
2) the engineering involved in constructing the mitigation improvements,
3) the pros and cons associated with each of the options,
4) the estimated cost of the improvements, and
5) the practical realities associated with each of the options.
For instance, both Option #4 and Option#7 can be constructed with little, if any, negative
impacts to the surrounding area. Construction access and future maintenance can be
provided via Lions Ridge Loop. Each of the Options allows for the visual impacts
associated with the rockfall mitigation to be screened with landscaping. In both
instances access and availability of water for irrigation and maintenance is easily
accommodated. Unlike other options, it is likely that a significant portion of the future
buildings will screen the view of mitigation improvements. Neither Option requires the
relocation of public utilities.
Staff recommends that the Vail Town Council instructs staff and Vail Timber Ridge LLC
to pursue further evaluation and study of Option #4 and Option #7. At this time, staff
projects that the cost of said work to be approximately $7.500 -$10,000 and roughly 45
days to complete.
5
MEMORANDUM
TO: Vail Town Council
FROM: Community Development Department
DATE : July 20, 2010
SUBJECT: Timber Ridge Redevelopment Update and Geologic Hazard Mitigation
I. Update
Significant progress has been made since the last formal update to the Town Council on
April 6, 2010, on the review of the development applications associated with the
redevelopment of Timber Ridge Village Apartments. The applicant, Vail Timber Ridge
LLC has appeared before the Town of Vail Design Review Board at four public meetings
to receive conceptual review of the proposed plans. To date, the applicant has been
responding favorably to the input and comments shared by the Board.
The Town staff and the applicant have also been evaluating additional options for the
mitigation of the geologic hazards directly affecting the site. In addition to the four
previously explored mitigation options, three alternate options have been developed and
evaluated. All together, a total of seven options have been studied.
II. Purpose
The purpose of this memorandum is to generally describe each of the options and
provide a list of pros and cons associated with each . In the end, the staff and applicant
are requesting design direction from the Town Council on which option(s) to pursue.
Pursuant to the Zoning Regulations of the Town of Vail. a final review can not be heard
until a final geologic hazard mitigation plan is submitted and approved in accordance
with Chapter 21 of the Zoning Regulations.
III. Next Steps
Pursuant to the conditions of approval, the Developer is scheduled to appear before the
Town of Vail Planning & Environmental Commission on Monday, July 26th to present a
revised landscape plan and site plan. Among other obligations, the revised site plan
must include the proposed geologic hazard mitigation measures proposed for the
project.
IV. Geologic Hazard Mitigation Options
According to the Official Town of Vail Geologic Hazards Map, the Timber Ridge
redevelopment site is located with a high severity rockfall hazard zone. The findings of a
site specific geologic hazards study (HP Geotech, 2009) concluded that future rockfall is
likely infrequent but has the potential to present a significant risk to the proposed
redevelopment. With this in mind, a number of conceptual rockfall mitigation options
were proposed. The Colorado Rockfall Simulation Program was used to evaluate the
rockfall dynamics for each of the mitigation options.
Staff has reviewed seven possible options for rockfall mitigation for the proposed
redevelopment. The options include wire rope net barriers, a mechanically stabilized
earth (MSE) barrier and outcrop stabilization. In addition to the differing types of
mitigation, a number of different locations were considered . The locations include high
up on the hiilside immediately adjacent to the rock outcrop, midway down the slope,
along the top of the existing road cut and along the south edge of Lionsridge Loop. All
options are viable and could be constructed to achieve a 90% or 98% level of probability.
All options require the construction of 900 -1,000 feet of rockfall mitigation and the
creation of an access and maintenance easement.
Option 1: MSE Barrier
The MSE barrier requires a nearly level, retained fill bench to be constructed wide
enough to accommodate the 15 foot wide barrier. Construction access is off of
Lionsridge Loop. The barrier is 20 feet tall in height. Cost-
Pros
• Mitigation is located on the development site
• Largely screened from view by the buildings
• Does not require permission from adjoining property owner to construct
• Ease of access and maintenance
Cons
• Requires construction of a costly down slope retaining wall system
• Affects on site snow removal operations
• Requires changes to on site retaining wall system design
• Requires a 20 foot tall x 15 foot tall earthen barrier
• Requires a significant amount of land area to construct
Option 2: Wire Rope Net Barrier on the Property
The wire rope net barrier requires a retained fill bench to be constructed wide enough to
accommodate the barrier. Construction access is off of Lionsridge Loop. The barrier is
approximately 15 feet tall in height. Cost-
Pros
• Mitigation is located on the development site
• Largely screened from view by the buildings
• Does not require permission from adjoining property owners to construct
• Can be screened visually with landscaping
• Ease of access and maintenance
Cons
• Requires construction of a costly down slope retaining wall
• Affects on site snow removal operations
• Requires changes to on site retaining wall system design
Option 3: Wire Rope Net Barrier at the Rock Outcrop
The wire rope net barrier would be constructed along the base of the rock outcrop up on
the hillside. A temporary access trail/road or helicopter would provide access to the
2
barrier location for construction. The barrier is approximately 10 feet tall in height. Cost
Pros
• Requires a 50% shorter net barrier height when compared to other options
Cons
• Requires the mitigation to be constructed on Town of Vail Open Space
• Requires permission from adjoining property owners to construction
• Negative visual impacts
• Costly construction access via helicopter
• Site disturbance caused by temporary access road/trail
Option 4: Wire Rope Net Barrier above Lionsridge Loop
The wire rope net barrier would be constructed along the top of the road cut of
Lionsridge Loop. Construction would require crane access from Lionsridge Loop. The
barrier is approximately 11 feet tall in height. Cost-
Pros
Cons
Option 5: Outcrop Stabilization
The anchored outcrop stabilization (hair net) will be achieved by pinning a flexible steel
mesh on the outcrops with grouted rock bolts. A temporary access trail/road or
helicopter would provide access to the barrier location for construction. The outcrop
stabilization would be approximately 113,220 square feet or 2.6 acres in size. Cost-
Pros
Cons
Option 6: Wire Rope Net Barrier above One Way Lionsridge Loop
The wire rope net barrier would be constructed atop a retained fill bench located on the
westbound lane of Lionsridge. Lionsridge Loop would become a one way or single lane
street. Construction access is off of Lionsridge Loop. The barrier is approximately feet
tall in height. Cost-
Pros
Cons
Option 7: Wire Rope Net Barrier on Property with Relocated Lionsridge Loop
The wire rope net barrier would be constructed atop a retained fill bench located along
the northerly edge of Lionsridge Loop. Lionsridge Loop would be slightly realigned to
the south (+/-10 feet) to accommodate the fill bench. Construction access is off of
Lionsridge Loop. Cost-
Pros
3
Cons
v. Town Council Action
The staff and applicant are requesting design direction from the Town Council on which
option(s) to pursue. Based upon the Town Council's direction staff will work
cooperatively with the applicant to assemble more detailed design drawings and
construction cost estimates .
4
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