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HomeMy WebLinkAboutPDS-13-010 - Thomas Recreation and Music ParkPDS Order No. 13-010 File No.: CUMN 520134616 AN ORDER OF THE PLANNING AND DEVELOPMENT SERVICES DIRECTOR FOR A MINOR ADJUSTMENT TO A CONDITIONAL USE PERMIT FOR AN OFF-ROAD VEHICLE PARK AND SPORTING/RECREATIONAL CAMP IN THE AG-5 (AGRICULTURAL - 1 DU/5 ACRE) ZONING DISTRICT KNOWN AS THOMAS RECREATION AND MUSIC PARK, LLC AMENDING RESOLUTION NO. 12-005. WHEREAS, the St. Lucie County Planning and Development Services Director reviewed the request for a minor adjustment to a Conditional Use Permit on behalf of Thomas Recreation and Music Park, LLC and made the following determinations: On February 7, 2012, the Board of County Commissioners via Resolution No. 12- 005 granted Conditional Use Permit approval of the petition of Thomas Recreation and Music Park, LLC for an off-road vehicle and sporting/recreation camp 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 April 30, 2013, Thomas Recreation and Music Park, LLC requested a minor adjustment to the previous approved Conditional Use Permit to reduce and mitigate noise, dust, smoke and traffic impacts to adjacent properties as a result of complaints. 3. The proposed minor adjustment to a Conditional Use Permit, with 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. 4. The improvements allowed per this adjustment will not increase the dimension of any structure by more than 25 percent, alter the location of any structure by more than 10 feet, change any circulation element, reduce any common open space and should have no impact to minimum landscaping elements. NOW, THEREFORE, BE IT ORDERED: A. Pursuant to Section 11.07.00 of the St. Lucie County Land Development Code, a minor adjustment to the Conditional Use Permit for Thomas Recreation and Music Park, LLC is hereby approved for the property described below, subject to the following conditions: 1. All previous conditions of approval to the subiect property, as contained in Resolution No. 12-005 have been consolidated as JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3842995 06/08/2013 at 11:41 AM OR BOOK 3526 PAGE 2130 - 2145 Doc Type: ORD RECORDING: $137.50 S Order No. 13-010 June 1, 2013 File No.: CUMN 520134616 Page 1 contained herein. The petitioner shall comply with all previous conditions of approval previously established by the Board of County Commissioners, unless expressly modified herein. 2. Conditions A-1 through A-19; Condition 21; Conditions A-23 through A-29; Condition A-32; and Conditions A-34 through A-35 of Resolution No. 12-005 remain unchanged. 3. Condition A-20 of Resolution No. 12-005 is hereby amended as follows: The US Fish and Wildlife Service (FWS) determined that the threatened Audubon's caracara (Polyborus plancus audubonii) is likely to utilize the habitats on and near the project site for feeding, breeding, and sheltering. Per the US Fish and Wildlife approval requirements o~the--~Sefftea~°~^~~~epz, "all mud jam events, including associated preparation and cleanup activities, shall be held outside of caracara nesting season and shall not impact any trees". ° n n°~.° + ic. nhe•rl,~l in 11A.~ri.h 7^17 ~I~,rinn e~-prep~d--~~eA~~v~~.,ed-~-.n , ^,~~^,r, ^°°+:^^ ~°°~^M. In a correspondence dated November 15, 2011, FWS requested "surveys be conducted to determine the presence of nests at or within 1,500 meters of the subject site". Survey results are necessary for FWS to evaluate risk to the caracaras. ERD requires that fourteen days prior to +~° ""°~^h °••°^+ each +~e~t event, the applicant provides ERD with written correspondence (may be in the form of an email) from the US Fish and Wildlife Service regarding the results of the crested caracara surveys and incorporate all protection measures into the project. [Comprehensive Plan Policy 6.1.8.2]. 4. Condition A-22 of Resolution No. 12-005 is hereby amended as follows: °°~^~~^°^*, Highly visible barricades and signage prohibiting entrance or disturbance shall be installed along the outside perimeter of all wetland buffers and other surface waters, ~~ des, as delineated by the SFWMD. Should the fencing type labeled "typical orange mesh fence detail" on the site plan ever fail and breeches or violations occur then the applicant will be required to construct the "typical wood fence detail" around the entire perimeter of any wetlands or OSW's in which these breeches occurred, prior to the subsequent event taking place. 5. Condition A-30 of Resolution No. 12-005 is hereby amended as follows: June 1, 2013 File No.: CUMN 520134616 Page 2 PDS Order No. 13-010 No later than three (3) days subsequent to each event the applicant shall be required to contact ERD staff to schedule a site inspection. All inspections shall be charged at a rate of $200 per inspection. The applicant shall provide payment for the inspection(s) to ERD no later than fourteen (14) days after each event. 6. Condition A-31 of Resolution No. 12-005 is hereby amended as follows: The applicant shall provide ERD ^h^" r°^°~••° with a copy of the SFWMD's ERP required post-event monitoring reports within three (3) calendar days of the conclusion of each event. The report shall document any wetlands, ditches, canals, other surface waters, trees or other vegetation which have been impacted by project related activities. ERD reserves the right to require tree mitigation and habitat restoration in addition to State requirements in accordance with the Land Development Code. 7. Condition A-33 of Resolution No. 12-005 is hereby amended as follows: Prior to an event, highly visible directional signage shall be placed at adjacent to SR 70/Okeechobee Road corridor to prevent traffic from utilizing Ideal Holding Road. A sign package identifying the size, location and type of signage to be utilized shall be reviewed and approved by the Planning Division prior to installation. Any signage placed in the right-of-way may require a FDOT permit. 8. Condition A-36 is hereby created and shall be incorporated in Resolution No. 12-005 as follows: A strict "auiet time" or curfew shall be established between the hours of 2:00 a.m. and 6:00 a.m. and shall be enforced by the applicant's private security staff with the assistance of the Sheriff s Department. The applicant shall post signage on the property informing all participants of this curfew. 9. Condition A-37 is hereby created and shall be incorporated in Resolution No. 12-005 as follows: A "family camping/quiet zone" varying in 300 to 500 feet of width shall be established adjacent to the 750-foot buffer in the area of the property where no generators are permitted. Loud or excessive June 1, 2013 PDS Order No. 13-010 File No.: CUMN 520134616 Page 3 noise shall be prohibited at all times in this area. Signs identifying this zone shall be posted at both vehicular entrances to this area and the applicant's private security staff shall be present at all times to educate the public and provide enforcement. 10. Condition A-38 is hereby created and shall be incorporated in Resolution No. 12-005 as follows: The applicant shall coordinate with the St. Lucie County Fire District at least 48 hours in advance of an event to assess environmental conditions as they pertain to open burning and determine the need for additional fire apparatus and equipment on-site. If the Fire District imposes a ban or any restrictions, written notice shall be provided to all participants at the gate entrance informing that camp fires are banned or restricted to certain conditions. 11. Condition A-39 is hereby created and shall be incorporated in Resolution No. 12-005 as follows: The applicant shall coordinate with the Planning Division at least 48 hours in advance of an event to evaluate the need for additional water trucks used to wet down road to mitigate dust impacts. Water trucks shall be used on a regular basis to reduce or eliminate dust on all access drives as identified on the site plan. The applicant's current NSLWCD permit does not allow water to be withdrawn from District canals. B. The property on which this minor adjustment to Conditional Use Permit approval is being granted is described as follows: 15/16 36 38 THAT PART OF SECS BOUNDED ON E BY AERO ACRES (PB 27- 14), ON N BY DRAINAGE CANAL #78, ON W BY CARLTON RD AND ON S BY C-24 CANAL (383 AC). C. The minor adjustment approval granted under this Order is specifically conditioned to the requirement that the applicant, Thomas Recreation and Music Park, LLC including any successors in interest, shall obtain all necessary development permits and construction authorizations from the appropriate State and Federal regulatory authorities including, but not limited to: the United States Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District, prior to the issuance of any local building permits of authorizations to commence development activities on the property described in Part B. June 1, 2013 PDS Order No. 13-010 File No.: CUMN 520134616 Page 4 E. The conditions set forth in Part A are an integral nonseverable part of the minor adjustment approval granted by this Development Order. If any condition set forth in Part A is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the conditional use approval granted by the Board of County Commissioners shall become null and void. F. A copy of this Order shall be placed on file with the St. Lucie County Planning and Development Services Director and mailed, return receipt requested to the developer and agent of record as identified on the Conditional Use Permit application. G. This Order shall be recorded in the Public Records of St. Lucie County. ORDER effective this 1St day June, 2013. PLANNING AND DEVELOPMENT SERVICES ST. LUCIE COUNTY, FLORIDA BY ` Mark S erlee, AICP Director APPROVED AS TO FORM AND CORRECTNESS: BY June 1, 2013 File No.: CUMN 520134616 Page 5 PDS Order No. 13-010 Exhibit A Site Location Map N ~. ~ ___ _ , j ~ ~ U U . N, ~ ~) l U ~: ~ ~ d ,~~ `~ ' .. ~ ~., --- ~ -.u_~ ~ :-- , I - --~- i ,, ~~ ~~ C ~ ~ ~' ~ (~ ~, ~~ ~ ~~~. ~ ~; c' o ~; o ~ _ ~ J= ~ QJ ~ e=24~anat~ _~ Subject property ( ~' ~I ~ a ~ ~ ~ j ~~ ~,o ~3 ~ ~ __-~ ~ a~~~ ~a~ ~ ~ C~ June 1, 2013 File No.: CUMN 520134616 Page 6 PDS Order No. 13-010 ,.~ rr ,.. ~ ,- Pw __ ~~,uy~.1~C,, T `` '/ Reso_Iution No. 12-005 "°-~ File Noy:' CU 1120114365 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR AN OFF-ROAD VEHICLE PARK AND A SPORTING/RECREATIONAL CAMP IN THE AG-5 (AGRICULTURAL - 1 DU/5 ACRES ZONING DISTRICT FOR 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: Thomas Recreation and Music Park, LLC presented a petition for a Conditional Use Permit to allow for an Off-Road Vehicle Park and a .Sporting/Recreational Camp, 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 January 19, 2012 the St. Lucie County Planning and Zoning Commission held a public hearing on the petition, after publishing notice at feast 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property and all real property owners in the Aero Acres subdivision 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 February 7, 2012 this Board held a public hearing on the petition, after publishing a notice of such hearing and notifying by mail all owners of property within 500 feet of the subject property and all real property owners in the Aero Acres subdivision. 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. FINDINGS OF FACT Based on the evidence presented and also based upon the inclusion of the conditions of approval as set forth below in this resolution, the Board of County Commissioners finds as follows: 1. The proposed project is consistent with the goals, objectives and policies of the Future Land Use Element of the St. Lucie County Comprehensive Plan, and, February 7, 2012 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT resolution No. 12-005 File No.: CU 1120114365 SAINT LUCIE COUNTY Page 1 FILE * 3676104 01120/Z012 at 10:04 AM OR BOOK 3364 PAGE 569 - 578 Doc Type: RESO RECORDING: 588.50 subject to the conditions contained in this resolution, meets the technical requirements of the St. Lucie County Land-Development Code. The proposed project will not have an undue adverse effect on adjacent property, the character of the neighborhood, and other matters affecting the public health, safety, and general welfare. All reasonable steps have been taken to minimize any adverse effect on the proposed project on the immediate vicinity through building design, site design, landscaping and screening. The proposed project is constructed, arranged and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. CONCLUSIONS OF LAW NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, having made the findings of fact set forth above, makes the following conclusions of law: A. Pursuant to Section 11.07.03 of the St. Lucie County Land Development Code, a Conditional Use Permit to allow for an Off-Road Vehicle Park and Sporting/Recreational Camp, in the AG-5 (Agricultural - 1 du/5 acre) Zoning District, at the location described in Part B, and depicted on the map attached as Exhibit A, is hereby approved subject to the following conditions: There shall be no more than three (3) off-road vehicle weekend mudding events and no more than two (2) sporting/recreational weekend events per calendar year. The sporting/recreational weekend events shall be limited to equine or dog camping and non-vehicular athletic events. This Conditional Use Permit shall be valid for five (5) years and expire on December 31, 2016 and is subject to the activities/uses depicted on the site plan in Exhibit B prepared by Land Design South dated January 26, 2012. 2. The days and hours of operation for each weekend event shall be from 8:00 a.m., Friday through 6:00 p.m., Sunday. 3. Ail five music entertainment shall be restricted to the hours of 1:00 p.m: through 10:30 p.m., with the entertainment stage oriented so that it faces the opposite direction of the Aero Acres subdivision. The applicant is required to comply with County's noise ordinance at all times during each event. February 7, 2012 File No.: CU 1120114365 Page 2 Resolution No. 12-005 4. All activity in the mud pit area shall cease from dusk to dawn. 5. There shall be no generator camping within 1,200 feet of the Aero Acres subdivision as depicted on the site plan. 6. A minimum 750 foot buffer between the Aero Acres subdivision shall be maintained with no encroachments at any time during an event. This buffer shall be delineated by a fence, ditch and berm as depicted on the site plan and shall be monitored on a continuous .basis by on-site security for maintenance and encroachments. "No Trespassing" or "Keep Out" signs shall be attached to the fence and shall be spaced a maximum of 20 feet apart. 7. Prior to each event, the applicant shall coordinate with the County Health Department to obtain approval of all licensed providers for waste disposal. An adequate number of trash/recycling receptacles and port-o-lets shall be provided for each event to meet the, needs of the public. All trash and debris along with all accessory apparatus (i.e. trash receptacles, port-o- lets, etc.) shall be removed from the property within 48 hours after each event. 8. Within 10 business days prior to every event, a list of vendors and their respective health department licenses, including their St. Lucie County zoning compliances shall be submitted to the Code Enforcement Division. 9. Rules shall be posted for each event at the ticket entrance. 10. The applicant shall coordinate with the St. Lucie County Sheriffs Office and the St. Luce County Fire District at least 30 days in advance of each event to pay costs associated with providing life/safety personnel and equipment for each event. Law enforcement officials shall be on site continually providing internal security and external traffic control as warranted. In addition, the applicant shall also be required to provide sufficient private security on-site during each event. The number of personnel, frequency and the type of security provided shall be approved by the St. Lucie County Sheriff s Office. 11. The applicant shall contact St. Lucie Water Quality Division to obtain a Temporary Driveway Connection Permit. This condition is only applicable if the applicant does not permit and install a permanent driveway access point. 12. If the applicant installs temporary driveways, the applicant shall remove the temporary driveways, including the rock and culvert pipe no later than five calendar days after each event. All disturbed areas shall be restored February 7, 2012 Resolution No. 12-005 File No.: CU 1120114365 Page 3 to their original condition. This includes sod and a re-grading of the existing swale system to ensure positive''drainage flow. The applicant shall execute a "Restoration Agreement" and provide surety in the form of a certified check to guarantee the completion of the required restoration. The Temporary Driveway Connection Permit will not be issued until the executed agreement and surety have been provided to St. Luce County. This condition is only applicable if the owner does not permit and install a permanent driveway access point. 13. The applicant shall maintain a minimum distance of 150 feet between the existing and proposed driveways. This- distance is measured from the nearest perpendicular outside edge of each driveway. 14. The applicant shall supply and maintain on site a broom tractor for cleanup of Carlton Road. The road shall be cleaned a minimum of three times a day. The applicant shall be responsible to ,maintain the Carlton Road driving surface free and clear of mud, dirt and other debris at all times. ., -~ ..~ 15. There shall be no event parking within the County road right of ways. 16. There shall be no event traffic allowed on the unimproved portion of Carlton Road south of the event entrance. The applicant shall employ traffic control devices and methods as approved by the St. Lucie County Engineering Department to ensure that all event traffic is directed to the main entrance. 17. All driveway exits shall be installed with proper material to aid in the removal of mud and other organic matter before the vehicles enter onto Carlton Road. 18. Variable message boards shall be placed at the intersection of SR 70 and Carlton Road warning the traveling public of potential traffic delays. These message boards shall be installed one week prior to the start of an event. 19. If any prehistoric artifact, such as pottery or ceramics, stone tools or metal implements, or any other physical remains that could be associated with Native American cultures or early colonial or American settlement, are encountered at any time within the property, the permitted activity shall cease immediately and the applicant shall notify the Florida Department of State, Division of Historical Resources, Review and Compliance Section. 20. The US Fish 8~ Wildlife Service (FWS) determined that the threatened Audubon's caracara (Polyborus plancus auduboni~) is likely to utilize the habitats on and near the project site for feeding, breeding, and sheltering. February 7, 2012 File No.: CU 1120114365 Page 4 Resolution No. 12-005 Per the US-Fish 8~ Wildlife approval requirements of the September 2011 -_ __ ' ; event, all mud jam events, including associated preparation or cleanup activities, shall be held outside of caracara nesting season and shall not impact any trees". The next proposed event is scheduled in March 2012, during caracara nesting season. In a correspondence dated November 15, 2011, FWS requested "surveys be conducted to determine the presence of nests at or within 1,500 meters of the subject site". Survey results are necessary for FWS to evaluate risk to the caracaras. ERD requires that fourteen days prior to the March event and fourteen days prior to each subsequent event, the applicant provides ERD with written correspondence (may be in the form of an email) from the U.S. Fish and Wildlife Service regarding the results of the crested caracara surveys and incorporate all protection measures into the project. [Comprehensive Plan Policy 6.1.8.2]. 21. No later than fourteen (14) days prior to each event the applicant shall be required to contact ERD staff to schedule a site inspection to confirm the protective barriers/fencing are in good condition. All inspections shall be charged at a rate of $200.00 per inspection. The applicant shall pay ERD $200.00 fourteen (14) days in advance of each event for the required inspection noted above. Any additional inspections will be billed at a rate of $200.00 per inspection. 22. Permanent, highly visible barricades and signage prohibiting entrance or disturbance shall be installed along the outside perimeter of all wetland buffers and other surface waters, including ditches, as delineated by the SFWMD. Should the fencing type labeled "typical orange mesh fence detail" on the site plan ever fail and breeches or violations occur then the applicant will be required to construct the "typical wood fence detail" around the entire perimeter of any wetlands or OSW's in which these breeches occurred, prior to the subsequent event taking place. 23. All outfall structures (i.e. ditch weirs) that convey water from the site shall be closed prior to flooding the site for each event and a minimum of .fourteen (14) days post each event. 24. The applicant shall have obtained and provided the ERD with all required federal arid state permits and approval in writing fourteen (14) days prior to each event. Specific to this project, ERD will require written approval or permits from the US Army Corps of Engineers, South Florida Water Management District, North St. Lucie Water Control District, and Public Works Right-of--Way and Water Quality Divisions. If federal or state agency compliance requires modification to the plans or implementation of conservation measures, the applicant will promptly modify the plans and submit to St. Lucie County for review and approval. The County's February 7, 2012 Resolution No. 12-005 File No.: CU 1120114365 Page 5 development approval shaA not prevent compliance with any federal or state agency requirements. -. 25. Any activities, disturbance or fill within wetlands, canals; ditches or other surface waters (OSW's) and their buffers, as delineated in the SFWMD's ERP permit (56-03168-P) shall be strictly prohibited. In addition to the ERP permit, the County requires the protection of OSW's for water quality purposes and impacts to such will be considered wetland impacts. 26. Per SFWMD's ERP requirements, disturbed pasture areas, including the mudding activity area, shall be restored back to pasture the seed, sod, or mulch after each event once the mud pit is evaporated to prevent erosion. 27. The applicant shall create and maintain an apron of gravel on any ingress and egress of interior roads that abut Carlton Road (size that is acceptable to the Water- Quality Division) to reduce the amount mud on the road for public safety and water quality protection purposes. 28. The applicant shall post "No Parking" signs along the length of Carlton Road from SR 70 south to the corner of Teague Hammock two (2) days in advance of the event to prevent overnight parking and staging along the County's right-of-way and greenways and trails corridor. Any damage resulting from parking on these areas shall be the responsibility of the applicant. . 29. No native trees or palms (pines, oaks, cabbage palms, etc.) or "scrub"/shrubs/understory vegetation are permitted to be -removed or damaged. Any trees or "scrub"!shrubs/understory vegetation impacted by a mud jam event or associated activities (i.e. parking, road widening, off- roading, flooding, etc.) shall be replaced according to St. Lucie County Land Development Code regulations section 11.05.06 and at a ratio of 4:1, within 90 days of the completion of the event. 30. No later than three (3) days subsequent to each event the applicant shat be required to contact ERD staff to schedule a site inspection. 31. ERD shall receive a copy of the SFWMD's ERP required post-even monitoring reports within three (3} calendar days of the conclusion of eacf event. The report shall document any wetlands, ditches, canals, othe surface waters, trees or other vegetation which have been impacted b~ project related activities. ERD reserves the right to require tree mitigatior and habitat restoration in addition to State requirements in accordancE with the Land Development Code: February 7, 2012 Resolution No. 12-00' File No.: CU 1120114365 Page 6 32, At least 30 calendar days prior to each event, the applicant shall notify the Planning and Development Services Department in writing of the type, of _. event to be held, specific dates and contact information. The applicant shall also provide the same notification in writing to all real property owners abutting the subject property, including all real property owners in the Aero Acres subdivision. 33. Prior to an event, directional signage shall be placed at the intersection of Ideal Holding Road and Carton Road to prevent event traffic from utilizing ideal Holding Road. 34. The number of persons attending an event shall be regulated by the St. Lucie'County Sheriffs Office consistent with the interests of public safety. 35. This Conditional Use Permit may be revoked in accordance with Section 11.07.05(H) of the St. Lucie County Land Development Code. B. The subject property is described as follows: 15/16 36 38 THAT PART OF SECS BOUNDED ON E BY AFRO ACRES (PB 27- 14), ON N BY DRAINAGE CANAL #78, ON W BY CARLTON RD AND ON S BY C-24 CANAL (383 AC). 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 February 7, 2013, 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. After motion and second, the vote on this Resolution was as follows: Chris Dzadovsky, Chairman AYE Tod Mowery, Vice Chairman ABSENT Chris Craft, Commissioner AYE Paula A. Lewis, Commissioner AYE Frannie Hutchinson, Commissioner AYE February 7, 2012 Resolution No. 12-005 File No.: CU 1120114365 Page 7 PASSED AND DULY ADOPTED this 7th day of February, 2012. ATTEST: ~.; CLERK February 7, 2012 File No.: CU 1120114365 Page 8 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLOIRDA BY ~ - .*i:: '. ~ j.. IH ~.c.~. 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