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HomeMy WebLinkAbout08-092 . EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3271692 10/24/2008 at 09:08 AM OR BOOK 3027 PAGE 1362 - 1373 Doc Type: RESO RECORDING: $103.50 ,. Resolution 08-092 File No.: CU 06-004 A RESOLUTION OF THE ST. lUCIE COUNTY BOARD OF COUNTY COMMISSIONERS GRANTING A CONDITIONAL USE PERMIT TO AllOW FOR A SAND AND ROCK MINING OPERATION IN THE AG-5 (AGRICULTURAL - 1 DU/5 ACRES) ZONING DISTRICT FOR THE PROPERTY lOCATED IN ST. lUCIE COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. GINN-LA WSL LTD., LLLP, presented a petition for a Conditional Use Permit to allow for the operation of a Class II Mining Operation to be known as D'Albora Groves at Stark Ranch, in the AG-5 (Agricultural- 1 du/5 acre) Zoning District for the property depicted on the attached map in Exhibit "A" and described in Part B below. 2. On May 15, 2008, the St. Lucie County Planning and Zoning Commission held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property, and recommended that the Board of County Commissioners approve the hereinafter described request for a Conditional Use Permit in. the AG-5 (Agricultural, 1 du/5 acres) Zoning District for the property described in part B. 3. On October 7, 2008, this Board held a public hearing on the petition for a Conditional Use Permit, after publishing a notice of such hearing and rlotifying by mail all owners of property within 500 feet of the subject property. 4. The proposed Conditional Use Permit, with the conditions therein, is consistent with the goals, objectives and policies of the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.07.03 of the St. Lucie County Land Development Code. 5. With the proposed conditions, the project will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety and general welfare. 6. The proposed project will be served by an onsite well and septic system. October 7, 2008 File No.: CU 06-004 Resolution No. 08-092 Page 1 7. The applicant has received a Certificate of Capacity, a copy of which is attached to this order as Exhibit "B", as required under Chapter V, St. Lucie County Land Development Code. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: . A. Pursuant to Section 11.07.03 of the St. Lucie County Land Development Code, a Conditional Use Permit for GINN-LA WSL LTD. LLLP, to allow the operation of a sand and rock mine, to be known as D'Albora Groves at Stark Ranch, in the AG- 5 (Agricultural - 1 du/5 acre) Zoning District, at the location described in Part B, is hereby approved subject to the following conditions: 1. The mining activities on the property described in Part B shall consist of: the surveyed limits of the parcel known as D'Albora Grove, the haul road to service the mining activity, and the surveyed limits of the western half of the future right-of-way for Range Line Road. 2. Prior to commencing of the mining operations the property, the applicant, successors or assigns shall obtain an approved Mining Permit from the St. Lucie County Public Works Department that is consistent with this order and the Land Development Code Sections 6.06.00 and 11.05.11. 3. Prior to commencing any operation of the mining efforts on the property, the applicant shall be required to improve the intersection of Glades Cut-Off Road and Range Line Road. The final improvements and designs shall be approved by the County Engineer. 4. Prior to commencing any operation of the mining efforts on the property, the applicant shall be required to construct, to St. Lucie County Standards, the future west half of the right of way section for Range Line Road from the intersection of Glades Cut Off Road north to the unpaved haul road. The final width alignment and designs shall be approved by the County Engineer. 5. Prior to commencing any operation of the mining efforts on the property, the applicant shall be required to construct a right turn lane from westbound Glades Cut-Off Road onto the newly constructed northbound extension of Range Line Road. 6. Prior to the construction of any residential or commercial development within 200 feet of the mining operation, buffering shall be completely installed in the form of a wall, hedge, or other durable landscape barrier of at least six feet in October 7, 2008 File No.: CU 06-004 Resolution No. 08-092 Page 2 height that forms a continuous screen between the uses (per SLC LDR Section 6.06.01.B.1.c.2). 7. Prior to any ERD-related site work, the applicant shall have obtained and provided ERD with all required federal and state permits and a copy of the approved SLC mining permit. If federal or state agency compliance requires modification to the mining plan, the applicant will promptly modify the plans and submit to SLC for review and approval. The applicant will not use the County's development approval to prevent compliance with any federal or state agency requirements. 8. Tree preservation areas and the archaeological preserve shall be covered by conservation easement(s). Within 90 days of Mining Permit approval or prior to approval of a Notice of Vegetation Removal, whichever comes first, the applicant shall provide required executed SLC (or SFWMD) conservation easement form(s) for the Tree Preservation Areas and Archaeological Preserve and a cashier's check, payable to the Clerk of the Court for the appropriate recording fees, to the County Attorney for review and approval. No easement will be approved if there are modifications made to the SLC or SFWMD easement form without prior approval of the County Attorney and ERD. 9. The following Best Management Practices shall be implemented throughout the life of the mining project during wading bird nesting seasons (January through June): a. If mining and/or associated clearing and road-building activities are to commence during nesting season, all wetlands within 300 feet of the proposed impact areas shall be surveyed during the nesting season per Florida Fish and Wildlife Conservation Commission (FFWCC) protocol prior to approval of a Notice of Vegetation Removal. General information and data collection protocols can be obtained from FFWCC. b. The permittee will conduct monthly nesting surveys every nesting season throughout the active mining period. Surveys should cover all wetlands within 300 feet of the proposed mining activity areas (including haul roads, mining cells, etc.). c. Surveys for detecting nesting activity should be completed prior to movement of equipment, operation of vehicles, or other activities that could potentially disrupt nesting behavior or cause harm to the birds or their eggs or young. d. The FFWCC Regional Biologist and St. Lucie County ERD should be notified in writing within 24 hours if a nest is observed in a wetland within 300 feet of the proposed mining activity area. October 7, 2008 File No.: CU 06-004 Resolution No. 08-092 Page 3 e. A protective buffer zone, up to 300-feet wide if possible, should be created around any State or Federally-protected nests or colonial nesting areas in minimum accordance with FFWCC and US Fish and Wildlife Service (USFWS) protocol. Any and all construction activities, including movement of vehicles, should be prohibited in the buffer zone. f. The width of the buffer zone shall be increased if upon notification by permittee or during the course of site visits, FFWCC staff determine the birds appear agitated or disturbed by mining, construction, or other activities in adjacent areas. g. FFWCC staff may assist the permittee with posting buffer zones with clearly marked signs around the perimeter. If required by FFWCC, local office contact information will be included on the signage. If necessary, these markings shall be maintained until nesting is completed or terminated. 10. The applicant shall install piezometers between each wetland and the conditional use boundary, prior to release of the pre-mining bond. Monitoring results shall be provided to SLC and SFWMD throughout the duration of mining activities, and any impacts to wetland hydrology shall be properly remediated or mitigated as required by state, local, and/or federal government. 11. Within 60 days of mining permit approval, the following easements shall be dedicated to SLC: a. A 40-foot wide pedestrian access easement for a future greenways and trails connection along the western boundary of the mine, extending to the northern property line, as depicted on the site plan; and b. A 40-foot wide pedestrian access easement extending west from the southwest corner of the mine, through the existing 60' wide parcel (parcel ID 3234-111-0001-0006) and to the eastern property line of the County's Paleo Hammock Preserve, as depicted on the site plan. The pedestrian access easement shall not block, restrict or encumber any existing easements, including existing ingress, egress or drainage rights (including the right to maintain drainage improvements). 12. Exotics shall be removed and trees shall be planted along the mine's northern boundary in a manner approved by the SLC Environmental Lands Manager and consistent with the Greenways and Trails planting plans implemented elsewhere on-site, upon written notification by the Environmental Lands Manager, after removal of the South Florida Water Management District (SFWMD)-owned berm along the canal. The applicant shall cooperate with SFWMD on any request to remove the berm, but the applicant shall not be required to incur cost for the berm removal, as part of this condition. October 7, 2008 File No.: CU 06-004 Resolution No. 08-092 Page 4 13. Within 6 months of mining permit issuance, invasive exotics shall be removed and a continuous 12-foot wide stabilized path shall be constructed within the entire length of all requested 40-foot wide pedestrian access easements. The applicant shall coordinate with the SLC Environmental Lands Manager to determine the exact route of the 12-foot path within the 40-foot easement. Exotics shall be removed within the entire width of the 40-foot easement, and the applicant shall be responsible for maintaining the easements and pathways free of exotics for a period of five years after the pedestrian easement trees have been planted per SLC-approved plans. 14. Prior to release of the pre-mining bond, trees shall be planted along all Greenways and Trails pedestrian easements as shown on the planting plan and in accordance with any revisions approved by the SLC Environmental Lands Manager. The applicant may utilize mining overburden, if available at the time, to raise the elevation of the pedestrian pathways and/or the applicant may provide a buffer along the pedestrian pathway, subject to approval by ERD. If utilized to provide a buffer along the pedestrian pathways, the overburden shall be sodded or hydroseeded, but the distance between trees may be increased to 45-foot on-center. The County Engineer may extend the time period for tree planting up to an additional 12 months. The applicant shall continue to maintain the access easements and planting areas for a period of five years from the time of planting, and any trees damaged or destroyed during this time shall be promptly replaced. 15. The County would be willing to consider relocation of pedestrian access easements and Greenways/Trails planting areas in the event that a development plan is submitted prior to mine closure. The location and terms/conditions of any relocation must be mutually approved by both the applicant and SLC. 16. Prior to approval of a Notice of Vegetation Removal or within 90 days of mining permit approval, whichever comes first, the applicant shall provide the ERD-approved Preserve Area Monitoring and Management Plan and a cashier's check, payable to the Clerk of the Court for the appropriate recording fees, to ERD. 17. The hours of operation for this mining operation will be 6:00 AM to 6:00 PM, Monday through Saturday. No additional hours of mining operation will be permitted unless the Board of County Commissioners approves a revised Conditional Use Permit. 18. There shall be no blasting permitted within the mining operation. October 7, 2008 File No.: CU 06-004 Resolution No. 08-092 Page 5 19. Access to the mining site shall only be from Glades Cut-Off Road and the approved haul road. 20. No mining truck shall be allowed to utilize Carlton Road. 21. Prior to the conduction of any mining operations on the property the applicant shall place Florida Master Site File #SL 1684 under a conservation easement dedicated to St. Lucie County in a form and manner approved by the County Attorney. Prior to the issuance of any construction authorizations for this project, any artifacts that have been found to date shall be donated to the St. Lucie County Historical Museum, and if during the mining operation anything new of archaeological significance be uncovered, the Director of Growth Management and the St. Lucie County Historical Preservation Office shall be notified within 24 hours. 22. If the proposed mining operation exceeds the extraction or consumption of water thresholds set forth in Section 28-24.006, Florida Statutes, all operations shall cease until a determination is received from the Florida Department of Community Affairs indicating that the proposed operation is not subject to the requirements of Chapter 380, Florida Statutes or the operations are approved pursuant to the Development of Regional Impact provisions set forth therein. 23. Electric motors for pumps will be utilized for the mining operations. 24. A sign identifying a person and their phone number for contact in case of emergencies shall be posted at a location along the haul road near Glades Cut-off Road, where the public can view the sign. B. The subject property is described as follows: PARCEL 1 EAST 1/2 OF SECTION 23, TOWNSHIP 36 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA, LESS AND EXCEPT THE SOUTH 845 FEET THEREOF AND PARCEL 2 EAST 1/2 OF SECTION 26, TOWNSHIP 36 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA TOGETHER WITH THE SOUTH 845 FEET OF THE EAST 1/2 OF SECTION 23, TOWNSHIP 36 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY, FLORI DA. October 7, 2008 File No.: CU 06-004 Resolution No. 08-092 Page 6 RanQe Line Road Extension THE EAST 70.00 FEET OF SECTION 36, TOWNSHIP 36 SOUTH, RANGE 38 EAST LYING NORTH OF COUNTY ROAD 709 (GLADES CUT-OFF ROAD, BEING 150.00 FEET IN WIDTH AS NOW LAID OUT AND IN USE). Haul Road A PARCEL OF LAND LYING IN SECTIONS 25 AND 36, TOWNSHIP 36 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA BEING 24.00 FEET IN WIDTH, LYING 12.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCE AT THE NORTHEAST CORNER OF SECTION 36, TOWNSHIP 36 SOUTH, RANGE 38 EAST, THENCE SOUTH 88030'57" WEST, ALONG THE NORTH LINE OF SAID SECTION 36, A DISTANCE OF 70.02 FEET TO THE WEST LINE OF THE EAST 70.00 FEET OF SAID SECTION 36, THENCE SOUTH 00008'47" EAST, ALONG A LINE 70.00 FEET WEST OF AND PARALLEL TO THE EAST LINE OF SAID SECTION 36, A DISTANCE OF 95.60 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED CENTERLINE, SAID POINT BEING THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 200.00 FEET; THE CHORD OF WHICH BEARS NORTH 62031'37" WEST; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 5J059'35", AN ARC DISTANCE OF 202.43 FEET; THENCE SOUTH 88028'35" WEST, A DISTANCE OF 2150.69 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 230.00 FEET; THE CHORD OF WHICH BEARS SOUTH 74001'41" WEST; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28053'49", AN ARC DISTANCE OF 116.00 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 230.00 FEET; THE CHORD OF WHICH BEARS SOUTH 74001'41" WEST; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28053'49", AN ARC DISTANCE OF 116.00 FEET; THENCE SOUTH 88028'35" WEST, A DISTANCE OF 300.00 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 230.00 FEET; THE CHORD OF WHICH BEARS NORTH 7r04'30" WEST; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28053'49", AN ARC DISTANCE OF 116.00 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 230.00 FEET; THE CHORD OF WHICH BEARS NORTH 7r04'30" WEST; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28053'49", AN ARC DISTANCE OF 116.00 FEET; THENCE SOUTH 88028'35" WEST, A DISTANCE OF 231.94 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 230.00 FEET; THE CHORD OF WHICH BEARS SOUTH 73031'47" WEST; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29053'36", AN ARC DISTANCE OF 120.00 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 230.00 FEET; THE CHORD OF WHICH BEARS SOUTH October 7, 2008 File No.: CU 06-004 Resolution No. 08-092 Page 7 73031'47" WEST; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29053'36", AN ARC DISTANCE OF 120.00 FEET; THENCE SOUTH 88028'35" WEST, A DISTANCE OF 180.00 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 230.00 FEET; THE CHORD OF WHICH BEARS NORTH 76034'37" WEST; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29053'36", AN ARC DISTANCE OF 120.00 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 230.00 FEET; THE CHORD OF WHICH BEARS NORTH 76034'37" WEST; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29053'36", AN ARC DISTANCE OF 120.00 FEET; THENCE SOUTH 88028'35" WEST, A DISTANCE OF 742.43 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 200.00 FEET; THE CHORD OF WHICH BEARS NORTH 50008'40" WEST; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 82045'29", AN ARC DISTANCE OF 288.88 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 277.00 FEET; THE CHORD OF WHICH BEARS NORTH 4r31 '54" WEST; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 7r31'57", AN ARC DISTANCE OF 374.84 FEET; THENCE NORTH 86017'53" WEST A DISTANCE OF 0.13 FEET TO THE WEST LINE OF SECTION 25 AND THE POINT OF TERMINATION OF THE DESCRIBED CENTERLINE. THE SIDELINES OF THE AFORESAID DESCRIPTION SHALL BE LENGTHENED OR SHORTENED TO INTERSECT WITH THE WEST LINE OF THE EAST 70.00 FEET OF SECTION 36, AND THE WEST L1NEOFSECTION 25. C. The approvals and authorizations granted by this Resolution are for the purpose of obtaining a Building Permit or Zoning Compliance from St. Lucie County. D. The approvals and authorizations granted by this Resolution shall expire on October 7, 2009, unless a Building Permit or Certificate of Zoning Compliance is obtained for the uses described in Part A above, or an extension has been granted in accordance with Section 11.07.05(F), St. Lucie County Land Development Code. E. The Certificate of Capacity, a copy of which is attached to this resolution, shall remain valid for the period of Conditional Use approval. Should the Conditional Use approval granted by this resolution expire or an extension be sought pursuant to Section 11.07.05(F) of the St. Lucie County Land Development Code, a new Certificate of Capacity shall be required. F. The St. Lucie County Growth Management Department Director is hereby authorized and directed to cause the notation of this resolution to be made on the October 7, 2008 File No.: CU 06-004 Resolution No. 08-092 Page 8 Official Zoning Map of St. Lucie County, Florida, and to make the notation of reference to the date of adoption of this resolution. After motion and second, the vote on this resolution was as follows: Chairman Joe Smith AYE Vice-Chair Paula Lewis AYE Commissioner Chris Craft AYE Commissioner Charles Grande AYE Commissioner Doug Coward AYE PASSED AND DULY ADOPTED this 7th day of October 2008. BOARD OF COUNTY COMMISSIONERS.. ST. LUCIE COU~~RDA airman ATTEST: October 7,2008 File No.: CU 06-004 Resolution No. 08-092 Page 9 <rl E-i H I:t:l H ~ >"l a.. -.J -.J -.J en (]) "'C>"=t' :JeO -.Jc>9 c/)co<o $00 <(.0::::> -.J<(o cO c c> z~~ W ~ .a is 8 .... ~ ii: c:: ~ oS ~ " pBO~ UU!L1S . ~ o 0; ~ PH aU!l a ueCl . if> . . " PH rBU88 JapeaH ~ '" " pC! paaus IBUB:) vl-:) ~ . o e o IBue co <0 =---.~'"""';===.==.-.:..---=~ Alunoo aaqoqaaa'lO (}) If .~............ il' ~d ~~ k~ ~ \f\~ <Xl o o N cri N ~ -0 Q) 0; 0. ~ 0. 0. '" :2 ~ w ~ .a is 8 c:: 'e ~ ~ " M '" " EXHIBIT A A'petition of Ginn-LA WSL Ltd., LLLP for a Conditional Use Permit to allow a sand and rock mining operation in the AG-5 (Agricultural - 1 unit per 5 acres) Zoning District. Cl 0:: .0 z is c:.J o I !.!.J <( L.U Cl .1 I 1111 ~R~r I I~~ L~. z <( u i:i:: L.U Cl L'1l I en ~. -. - - - . - J1L o 0:: :>::: u o u <( L.U 0... o 0:: z Z I C1J_ lLill\ .. II-I I~II.I-I ~ II /1 Co24-CANAl:RD ~ I I) L - . . . . . . .: 500 ft. notification c rea . . . . . . . . . . . . ~~ ~ :::;;;::;;::; .~-_._._--_.----, ~ " . / '----------------.-...----. o 0:: Z o ~ 0:: <( U rjJ A~ .<(-l ::: ~<<. :;..' .; ~0V~O;::- ::;:ri:'>:~ ~<() . ,'.: ..:,.", ~~ ..::. " ......;:,.::.:.~. . ':-".:":. . n.: . ~~"..":'.:': 1./ .... .... "... .v.".".. "'on V ... . .". ".... ~ 0 -:l~~' r.\~~:;:>~ :. ~;+.X: // 0::" .'... .....n ""... . // / .. :..:........~ ...."" 0.:" :... .:'..~' ,,: /);/ L.U. . ..,........ '. . ..,.... ~ ~ e-B :::~~~:~.~~::~ii::~:}:..~.:~::::::::~.~~::..::i;:~. ~ C). ,. ..... ......... ,'. . z ":.:' : .... .........~.::.. 0" f~' .-:"":'''",' L---<c ,,- ......."'. .}..".. .. .-... '" .a::: 0" 0" ..... ..... 0" o. ..... ,," / / I' ..:,':::::'.':'. ':; ::':::::.:'., S l ----, CU-06-004 . - - . . oJ 500 ft. notification area t:::J Subject parcels and road access r,:":',:":::\'::'1 City of Port Sl. Lucie ..... . 5t7~~~~~ {jrO'Wtli :Managemenr :O~arh1lenr N Map prepared April 29, 2008 EXHIBIT B St Lucie County Certificate of Capacity Date 9/23/2008 Certificate No. 2562 This document certifies that concurrency will be met and that adequate public facility capacity exists to maintain the standards for levels of service as adopted in the St Lucie County Comprehensive Plan for: 1. Type of development Conditional Use for D'A1bora Groves Mining Number of units 0 Number of square feet 1440 2. Property legal description & Tax ID no. 322311100020009;322311100020005;322611100010001 N. of Glades Cut-OffRd, West ofCR 609 Mining Operation 3. Approval: Building Resolution No. 08-092 Letter 4. Subject to the fOllowing conditions for concurrency: See RES-08-092. Mining of Sand and Lime Rock - Conditional Use Permit. Owner's name Ginn-LA WSL Ltd., LLLP Address 3228 SW Martin Downs Blvd.; Ste. 5 Palm City FL 34990 6. Certificate Expiration Date 10/7/2009 This Certificate of Capacity is transferable only to subsequent owners of the same parcel, and is subject to the same terms, conditions and expiration date listed herein. The expiration date can be extended only under the same terms and conditions as the underlying development orderissued with this certificate, or for subsequent development order(s) issued for the same property, use and size as described herein. Signe~ <[), W\~ Date: 912312008 Growth Management Director St Lucie County, Florida Tuesday, September 23, 2008 Page 1 of2