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Public Notices 5-28-14


The  applications  below  were  filed  with  the Division of Water Rights in Box Elder County.
These are informal proceedings per Rule R655-6-2.
Protests  concerning  an  application  must  be legibly written or typed, contain the name and mailing  address of  the  protesting  party,  STATE  THE APPLICATION  NUMBER  PROTESTED,  CITE  REASONS FOR THE PROTEST, and REQUEST A HEARING, if desired.  Also, A $15 FEE MUST BE INCLUDED FOR  EACH  APPLICATION PROTESTED.  Protests  must be filed with the Division of Water Rights, PO Box 146300, Salt Lake City, UT 84114-6300, or by  hand  delivery  to  a  Division office during normal business hours ON OR BEFORE JUNE 17, 2014.
Please  visit  http://waterrights.utah.gov  or  call  (801)-538-7240  for additional information.
29-4556 (A80021): Brian P McAvoy propose(s) using 1.0 ac-ft. from groundwater (Elwood) for IRRIGATION.
29-3990 (A72289):  State of Utah Board of Water Resources, Riverside-North Garland Water Company is/are filing an extension for 1.0 cfs or 609.4 ac-ft. from groundwater (2 miles NW of Plymouth) for IRRIGATION; STOCKWATERING; DOMESTIC; MUNICIPAL: In Riverside/North Garland Water Company.
Kent L. Jones, P.E.
Published in the Leader on May 21 & 28, 2014.

May 14, 2014
WHEREAS, Snowville Town is in the process of purchasing the drinking water system of the Snowville Water Works, Inc. and desires to adopt an ordinance setting forth the rules and regulations for the operation of such water system;
NOW THEREFORE, the Town Council of Snowville Town, Utah hereby ordains as follows:
Section 1.    The following policies and procedures are adopted by ordinance for the operation of the Snowville Town drinking water system.
1.1    Definitions and General Policies
1.1.1    A “Water Connection” is an authorized physical connection to the Town’s water system in order to receive delivery of water from the Town.  Each Water Connection includes a water meter so that water usage may be monitored.  A Connection Fee as set forth in the Town’s Fee Schedule is required for each Water Connection.
1.1.2    A “Service Connection” is a previously established right to receive water service from the Town for one standard residential connection, i.e., 0.45 acre-feet of water for indoor culinary use and 0.75 acre feet for outdoor use which allows for the irrigation of up to one-quarter acre of landscaping, which, upon notice to the Town and approval by the Town, may be sold under limited circumstances to another property owner within the Town.
1.1.3    “Water Dedication” is a requirement to dedicate to the Town sufficient water rights, of a nature and type which are acceptable to the Town, to adequately meet the needs of new developments, as determined by Town.  Unless otherwise approved by the Council, this consists of 1.2 acre-feet of water per standard residential connection, i.e., 0.45 acre-feet of water for indoor culinary use and 0.75 acre feet for outdoor use which allows for the irrigation of up to 0.25 acres of landscaping.  If the area to be irrigated per lot varies substantively from 0.25 acres or if other water uses are proposed, the Town, in its sole discretion, may adjust the quantity of water to be dedicated upon written request with appropriate supporting data.  The Council will consider and determine the amount of water to be dedicated for other uses on a case-by-case basis.  The water right must be a right that is acceptable to the Town (including acceptable depletion limits) and must be approved for diversion and municipal use in the Town’s system.  If the Town’s existing sources lack sufficient capacity for the rights being dedicated, the applicant must also provide a new source that is acceptable to the Town.
1.1.4    A “Connection Fee,” as used in the Town’s Fee Schedule, consists of the approximate average actual cost for physical connection to the main water system, as defined in the  Impact Fees Act (U.C.A. § 11-36a-101 et seq.) or its successor  The Connection Fee is set forth in the Town’s Fee Schedule.
1.1.5    An “Impact Fee,” as used in the Town’s Fee Schedule, consists of the payment imposed upon new residents/developers for new development activity necessary for the use of occupants or users.  The Town’s Impact Fees, if any, are set forth in the Town’s Fee Schedule.
1.1.6    “Water Rates,” as used in the Town’s Fee Schedule, consist of the rates charged by the Town for water usage in accordance with the Water Rate Schedule set forth in the Town’s Fee Schedule.
1.2    Water Connection and Meter Installation
1.2.1    Applications for service shall be made on forms provided by the Town and shall include the address and legal description or tax identification number of the lot(s) or property to be serviced.  The application must also describe how the applicant intends to provide the water necessary for the development as described in section 1.2.2 below.  Upon submission of a complete application and any other information requested by the Town, a letter of availability of service may be requested. Any letter of availability of service or intent to provide water service sent from or by the Town shall expire after one year from the date thereof and is of no force or effect after such time.  The letter of availability of service applies to the development project as proposed in the application submitted.
1.2.2    The applicant is responsible for providing all of the water needed for the applicant’s development unless water has already been dedicated or otherwise provided for.  This requirement may be met by either: (a) dedication of sufficient water rights (and sources if necessary) to meet the Town’s “water dedication” requirement for each lot and parcel within the development; or (b) a fee-in-lieu of water dedication for each lot and parcel if there are “service connections” available and the applicant is next in line on the waiting list for those service connections.  Applicants that do not have the necessary water to meet the Town’s water dedication requirements are placed on a waiting list in the order in which such applications are received.  If service connections become available when an applicant is next in line on the waiting list, the applicant will be notified and shall have fifteen days to purchase those service connections.  Any service connections remaining un-purchased at the end of that 15 day period shall be made then be available to the next applicant on the waiting list.  If an applicant sells his/her property before a connection is approved, the application and its position on the waiting list may be transferred to the new purchaser with the approval of the Council.
1.2.3    Service connections are permanently attached to the lot(s) they serve or were intended to serve.  Service connections owned by the Town will become appurtenant to specific lots upon the sale of such service connections to applicants for water service.  There shall be no sale or transfer of service connections once attached.  In the event that the Town has available service connections, the Town shall sell one Town service connection.  The cost of purchasing an available service connection is the amount of the fee-in-lieu of water dedication mentioned in the previous section.
1.2.4    Once an applicant has acquired sufficient service connections and/or has met the water dedication requirements, the Council shall review the applicant’s application at the next Board meeting.  If the application is approved by the Council, the applicant will be notified and given fifteen days from the date of notice to pay all remaining fees, including the impact and connection fees, after which such approval shall expire.  The connection fee is for a standard connection with no road crossings and no long laterals to the meter box.  The applicant is responsible for all extra costs associated with a non-standard connection. The amount of the fees shall be determined using the Fee Schedule in effect at the time the application is approved.  Water service shall be provided to new connections in the order in which connection fees are paid on approved applications.
1.2.5    All culinary connections shall be made directly to Town water mains located in easements immediately adjacent to or upon the property receiving the service.  Installation of private water lines across adjacent lots, building premises, or property owned by others shall not be permitted.  The Town shall not be responsible for providing pressure boosting facilities to any new connections.  If the Town’s water source, storage, and/or delivery facilities do not have adequate capacity or are not physically capable of delivering the water service necessary for a proposed new development project, the developer shall be responsible for all costs associated with providing the required capacity and/or physical capability for such service.
1.2.6    If a Town water line with sufficient capacity to serve the proposed development is not located on or adjacent to the property being developed, the applicant is responsible for extending a water line of sufficient capacity, as determined by the Town, to service the applicant’s development.  The applicant may, at its option, or shall, at the Town’s option, install a water line with excess capacity designed to service other properties in the area.  If a line with excess capacity is installed either at the option of the applicant or the Town, upon notification by such applicant to the Town in writing, the Town will charge any property owners adjacent to the line with excess capacity that connect onto that line within five years from the date the completed line is accepted by the Town a prorated share of the cost of the line, however, the Town is not required to impose such prorated share of the cost of the line, unless the Town receives written notice from the applicant prior to approving the additional service connection.  The proration shall be based on the number of standard connections to be served by the respective developments in relation to the total capacity of the line.  This approach may also be used with respect to excess storage capacity and/or source capacity provided by the Applicant.
1.2.7    All customers of the Town must be metered.  All meters must be installed through the Town.  An applicant may request or propose a location for meters; however, the final decision as to the location is in the sole discretion of the Town.  If, for any reason, any meter fails, does not register accurate readings, or cannot be read, Town personnel may make an estimate of usage based on historical usage and other relevant information and then repair or change out the meter.
1.2.8    Each building or unit shall be serviced through its own separate water lines.  Two or more buildings or units on the same property may be serviced through a single connection only upon written authorization by the Town, which authorization is in the Town’s sole discretion.  Furthermore, property owners must agree to be responsible even after any separation of ownership by sale or otherwise of one or more of the buildings or units until the new owner(s) have signed new applications and new connections have been made at the expense of the owners.  Where service is currently being provided to two or more buildings or units through a single connection, the Town may, in its sole discretion, either refuse further service until separate connections have been made or continue to provide service on the condition that the property owner be responsible for all payments due the Town for each such building or unit and to remain responsible therefore even after any separation of ownership by sale or otherwise of one or more of the buildings or units until the new owner(s) have signed new applications and new connections have been made at the expense of the owners.
1.2.9    No individual water supply system shall be used or permitted on any lot or group of lots unless such system is located, constructed and equipped in accordance with the requirements, standards, and recommendations of the State Health Department, Engineer and/or County officials.  Approval of such system as installed shall be obtained from such authority.  If there exists a state-approved well prior to the inception of this Town, that well shall remain in place and usable as long as it continues to meet the above-mentioned requirements.
1.2.10    Water usage will be monitored by Town personnel and water meter readings collected, recorded and submitted to the Town Manager for billing purposes.  Each property owner must allow the Town access to its meters, wherever located, and to all other lines and facilities belonging to, and/or operated by, the Town that are within the boundaries of the property being serviced by the Town.
1.3    Water Rates
1.3.1    All water customers with improved lots must be metered and shall be charged a basic monthly fee, plus a water usage fee, as set forth in the Fee Schedule.  The Fee Schedule shall be attached to the Ordinance when originally adopted and may be amended and modified thereafter by ordinance or resolution.
1.3.2    All water customers with unimproved lots, either metered or unmetered, shall be charged a minimum of the basic monthly fee, regardless of whether or not any quantity of water is used, as set forth in the Fee Schedule.
1.4    Inspections
1.4.1    Prior to commencing any service, Town personnel shall have the right to inspect all plumbing lines, laterals, connections, and related facilities within and upon the premises.  If Town personnel do not approve of the same, the applicant shall cause each deficiency identified to be corrected at the applicant’s sole expense so as to meet the requirements of the Town and of any other governmental entity having jurisdiction.
1.4.2    All customers have the duty to keep their plumbing, lines, laterals, connections, and related facilities operational and in good repair and shall promptly repair any leaks and defects at their own expense.  After service has commenced, Town personnel shall have the right to inspect all lines, laterals, connections, related facilities, and reasonably accessible plumbing within and upon the premises with reasonable notice to the customer to ensure that the Town’s rules and regulations are being complied with and may required that leaks, defects, and/or violations be corrected.
1.5    Septic Systems
1.5.1    Septic systems are not to be installed within a Drinking Water Source Protection Zone or Management Area for any of the Town’s Ground Water Sources as those terms are defined in R309-113-6 of the Utah Administrative Code (1994). The Town is required under these terms to prohibit the installation of any potential contamination source which may discharge into the ground water either within a 2-mile radius or, or within a 15 year ground-water time of travel to, a drinking water wellhead collection area, whichever is applicable.  Septic systems are contamination sources which discharge into the ground-water and therefore cannot be allowed in these areas.
1.6    Rented Premises
1.6.1    The owner of leased premises shall be responsible and liable for all water services furnished to the tenants of the owner.  Billing for water services will be sent to the owner.  The owner may pass the costs billed on to the tenant or tenants but the owner is responsible for making payment on the billing.  A separate billing will be made for each meter the owner has installed.
1.6.2    All new applications for service to leased premises shall be made by the owner.
1.7    Applications
1.7.1    Whenever a person desires a meter installation, he shall make written application to the Manager and sign an agreement that, among other things, he will be governed by such rules and regulations as may be prescribed by the Town.
1.8    Unauthorized Use of Water
1.8.1    If any water customer shall permit any person from other premises or any unauthorized person to use or obtain water from his building, premises, or fixtures, whether inside or outside a building, the supply of water may be terminated, after being notified by the Town Manager.  In addition, such person shall pay for any and all damage to Town property.
1.9    Penalties
1.9.1    Failure to make the necessary applications, give notice, make payment on the bills rendered, or abide by all the Town’s ordinance shall subject the person to the applicable fees or penalties for a class B misdemeanor and the fees set forth in the Fee Schedule.
1.10    Billing
1.10.1    All water customers shall be billed monthly.  The bill will include a statement for water service and may include a statement for any other services provided by the Town.  When such a consolidated statement is furnished, the bill shall show the separate charges due for the respective services furnished; provided however, that all customers shall pay the total sum of the charges contained on said billing.
1.10.2    Customers are responsible for water lost through leaks on the customer’s side of the meter.  Therefore, credits will be issued to customers only for errors in billing.
1.11    Delinquent Accounts
1.11.1    All monthly bills rendered for water service or any other valid charge made by the Town shall become past due on the twenty-sixth day of each month.  After thirty days, the Town shall give notice that the Account is past due and that service may be discontinued unless payment is made in full or appropriate arrangements for payment are made.  All past due accounts are subject to interest and late fees as set forth in the Fee Schedule.
1.11.2    If delinquency continues for sixty days, water service will be discontinued after a final 24 Hour Delinquency Notice is hand delivered to the service address by the Town.  After the expiration of this final 24-hour notice, the Town may disconnect the water service associated with the delinquent account and may seek any or all remedies allowed by law to recover the delinquent amount.  The disconnection and reconnection fees set forth in the Fee Schedule shall apply to any such disconnections.
1.12    Control of Cross Connection and Backflow
1.12.1    All connections to the Town culinary water system shall conform to the Uniform Plumbing Codes as adopted by the State of Utah and the State of Utah Public Drinking regulations.  The purpose is to protect the public potable drinking water supply from contamination or pollution by backflow within the distribution system.  Compliance with these minimum safety codes will be considered reasonable vigilance for prevention of contaminants or pollutants which could backflow into the public drinking water system.
1.12.2    Definitions    Backflow:  The reversal of the normal flow of water caused by either back pressure or back siphonage.    Back pressure:  The flow of water under pressure into the potable water supply system lines from any source other than the intended source.    Backflow prevention assembly:  An assembly designed to prevent backflow (Utah Plumbing Code Appendix J, Chapter 10)    Cross connection:  Any physical connection or arrangement of piping or fixtures which may allow non-potable water or other material of questionable quality to come into contact with potable water inside the distribution system.  This includes any temporary connections, including swing connections, removable sections, four-way plug valves, or other similar plumbing arrangements.
1.12.3    Each resident shall purchase, install, test, and maintain an approved backflow prevention assembly on the water meter connection at each resident’s property line.  Each resident shall arrange to have the Town witness the testing of each backflow prevention assembly at the time it is installed.
1.12.4    Cross connections of any type are prohibited.
1.12.5    The Town shall inspect the water system on a regular basis for cross connections and backflow prevention assemblies.  The Town shall also provide public awareness information to its residents annually concerning prevention of cross connections.  Town personnel shall participate in approved cross connection training annually and shall create and maintain records of all cross connection and backflow prevention assembly surveys and inspections, incidents, corrective actions, enforcement actions, and the locations of backflow prevention assemblies.  These records shall be maintained for a period of at least five years.
1.12.6    Each resident’s own water lines shall be open for inspection at reasonable times to an authorized representative of the Town to determine whether cross connections exist and whether an approved backflow prevention assembly is in place and function properly.  A resident found to have a hazardous condition will be required to install one or more backflow prevention assemblies at his own expense.
1.12.7    Water service to locations found in violation with no plan for correction shall be discontinued by the Town per disconnection procedures described in this Ordinance, or immediately, with notice, if a serious threat to health or safety exists.  Restoration of water to that location shall not occur until such defects are corrected and the re-connection fee paid.
1.13    Flood Control
1.13.1    It is the responsibility of residents to preserve existing drainage ditches for the purposes of Town drainage and flood control.  Specifically, residents must install a culvert any time an existing roadside drainage ditch is intersected or bridged by construction, and must restore any roadside ditches along the periphery of their lot which may become obscured by construction.
1.14    Prohibited Acts
1.14.1    No person shall, after water services has been terminated for non-payment or for the violation of the rules and regulations pertaining to the water system of the Town, turn on or allow water to be turned on or used without authority from the Town.
1.14.2    No person shall destroy, deface, injure, or interfere with the operation of any part, pipe, fixture, appliance, meter or appearance of the Town water system.
1.14.3    No person shall place, cause to be placed, or induced into the Town water system or any source of water supplying said system, any matter, substance, chemical, or compound poisonous to the human life or harmful to human health.
1.14.4    No person shall open or uncover any meter box without permission from the Town.
1.15    Town Liability for Damages
1.15.1    The Town shall not be held liable for damages to any water customer by reason of stoppage or interruption of his water supply caused by scarcity of water, accidents to works or mains, alterations, repairs or from other unavoidable causes.
as of
May 14, 2014
Connection Fee (includes meter, installation, and inspection)
¾”     Connection
$ 3,000.00*
1”      Connection
$ 3,500.00*
*This amount is for a normal connection.  Any abnormal costs in making a connection shall be passed on to the applicant
Water User Rates
Monthly Base Rate Fee (includes first 5,000 gallons)        $ 37.00 per connection
1st Overage Rate –   5,001   to   30,000 gallons        $ 1.00 per 1,000 gal.
2nd Overage Rate –   30,001 to   50,000 gallons        $ 1.50 per 1,000 gal.
3rd Overage Rate –        50,001 to 100,000 gallons        $ 2.00 per 1,000 gal.
4th Overage Rate –        100,001 to unlimited        $ 2.50 per 1,000 gal.
Standby Customer
$20.00 per month
Late Fee on past due balances                    $ 15.00 per month
Interest Rate on past due balances                    1.5% per month
Disconnection Fee
$ 35.00
Reconnection Fee            $ 35.00
Rules Violation Fee or Penalty
$ 100.00 + actual costs
Engineering, Design, and/or Inspection Services            At cost
Application for Purchase of Water, Connections and User Rate
This  Agreement is entered into this ____ day of __________________, 20__, by and between the Snowville Town and __________________________________________.for water service at the following location or address __________________________________________________________(the “premises”)
The undersigned party or parties hereby applies for and agrees to purchase a water connection from the Town at the current rate for water connections and agrees to pay the sum of Three Thousand Dollars ($3,000.00) for the connection.  Said sum shall be paid in full at the time hookup is requested while a minimum of One Thousand Five Hundred Dollars ($1,500.00) is required at the execution of this agreement.  If full payment is not made at the time of hookup this contract releases the Town from any responsibility for provide water to the undersigned.
A party may indicate its desire for a connection by signing this Agreement, but if the sums set forth in the preceding paragraph are not paid as set forth, then the Town shall have no obligation or commitment to provide a water connection until the Town receives the full connection fee of $3,000.
The undersigned party or parties have been informed of the rate structure for water use and agree to pay the same.  Said structure is set forth in the attached Exhibit A.
The Town intends to install waterlines to service areas within the Town to the extent that they have sufficient budget to do so and other circumstances permit.  In the event that the undersigned subscribes for a water connection and pays the connection fee, but the Town is not able to install a waterline to service the connection within two (2) years after the date of this agreement, then the connection fee shall be returned to the subscriber after having received a written request for refund and the Town shall be under not further obligation to service that potential connection.  The Town’s ability to install waterlines to service any particular subscriber in the Town will be impacted by, among other things, the number of other subscribers in the neighborhood.
The work of extending a water line from the nearest point to which the Town installs a water main to the place at which the water is to used shall be the responsibility of the subscriber and shall be paid that the subscribers sole cost.  The subscriber shall notify the Town of and allow the Town to inspect the installation of all water lines to be connected to the Town’s system.
The subscriber understands that the Town reserves the right to cause the waterlines connecting to the Town’s system to be inspected and approved by the Town.  If any portion of such waterlines is not approved by the Town, then the subscriber agrees to correct said improvement as its own expense and money to meet the requirements of the Town.
The subscriber agrees that the main purpose for which the water connection will be used is for culinary use.
The Town shall have free access to the lines and services installed in relation to this agreement, and at reasonable times, through the subscriber’s property, if necessary or desireable.
The subscriber hereby expressly grants a lien upon the premises above described for any future delinquent water billings.
Any application for water service made by a tenant or other user other than the property owner must, in addition to the foregoing requirements, be guaranteed by an agreement signed by the owner of the premises or his duly authorized agent in substantially the following form:
“In consideration of the acceptance of the application for water service submitted by _______________ (tenant), I will pay for all charges, fees and costs at ___________________ (premises) in case such tenant or user shall fail to pay for the same according to the rules and regulations or resolutions of the Town.  I expressly grant a lien upon the premises so that any delinquent water billings must be paid before any service can or will be provided to any subsequent user of water at these premises.  This lien shall bind any subsequent owner, posseser, occupant, landlord, or person or entity using or requesting use of Town water at these premises.”
The undersigned party or parties agree to comply with all regulations and policies of the Town, including changes to the rate schedule.
DATED this _____ day of ______________, 20__
as of
May 14, 2014
Connection Fee (includes meter, installation, and inspection)
¾”     Connection
$ 3,000.00*
1”      Connection
$ 3,500.00*
*This amount is for a normal connection.  Any abnormal costs in making a connection shall be passed on to the applicant
Water User Rates
Monthly Base Rate Fee (includes first 5,000 gallons)        $ 37.00 per connection
1st Overage Rate    –   5,001   to   30,000 gallons        $ 1.00 per 1,000 gal.
2nd Overage Rate   –   30,001 to   50,000 gallons        $ 1.50 per 1,000 gal.
3rd Overage Rate –        50,001 to 100,000 gallons        $ 2.00 per 1,000 gal.
4th Overage Rate –        100,001 to unlimited        $ 2.50 per 1,000 gal.
Standby Customer            $20.00 per month
Late Fee on past due balances                $ 15.00 per month
Interest Rate on past due balances                    1.5% per month
Disconnection Fee
$ 35.00
Reconnection Fee
$ 35.00
Rules Violation Fee or Penalty                $ 100.00 + actual costs
Engineering, Design, and/or Inspection Services            At cost
Section 2.    If any portion of this ordinance is found to be invalid by a court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance.
Section 3.    This ordinance shall become effective upon publication in the newspaper as provided by Utah Code Ann. § 10-3-711.
Published in the Leader on May 21 & 28, 2014.

Box Elder School District
Legal Notice – Budget Hearing
In accordance with Section 53A-19-102 Utah Code Annotated, the Box Elder School District will hold a budget hearing on Wednesday June 11, 2014 at 6:30 p.m. at the District Office, located at 960 South Main, Brigham City, Utah.  This budget hearing will include changes in the 2013-2014 budget and the adoption of the 2014-2015 budget.
A copy of the proposed budget is on file in the office of the Business Administrator. It is also available on the District website http://www.besd.net/business/
The public is invited to attend this budget hearing.
Board of Education
Box Elder School District
By: Rodney L. Cook
Business Administrator
Published in the Leader on May 21 & 28, 2014.

The Deweyville Town Council will hold a Public Hearing on Thursday June 12, 2014, at 7:00 pm at the Deweyville Town Hall, located at 10870 No. Hwy 38.  The purpose of this meeting is to adopt the Fiscal Year 2015 budget.  A copy of this budget is available upon request.
Published in the Leader on May 28, 2014.

Lifeline Assistance – Who qualifies?
Low-income telephone assistance is available to qualifying low-income Beehive Telephone customers through the “Lifeline” and “Link-up” federal telephone assistance programs.
Lifeline provides qualified customers with a monthly reduction on their telephone bill.
Link-up assists in paying for the installation of basic telephone service by reducing connection charges by 50% or $30, whichever is less.
Beehive Telephone customers who participate in at least one of the following programs are eligible for telephone assistance: Medicaid, Food Stamps, Supplemental Security Income (SSI), Federal Housing Assistance, Nevada Energy Assistance Program (EAP), Temporary Assistance to Needy Families Program (TANF), National School Lunch Program (NSL).
Beehive Telephone customers who do not participate in one of the above programs are eligible if their income is at or below 135% of the Federal Poverty Guidelines.
For more information please call 1-800-629-9993.
Published in the Leader on May 28 & June 4, 2014.

Published in the Leader on May 28, 2014.


These Public Notices were also published online at utahlegals.com, according to Section 45-1-101, Utah Code Annotated, beginning on the first date of publication and for at least 30 days thereafter.


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