HomeMy WebLinkAbout2005-11-08 WSB AGENDAWATER& SEWE R BOARD
AGENDA
Tuesday, Novembe r 8, 2005
COMMUNITY DEVELOPMENT CONFERENCE ROO M
1. MINUTES OF THE OCTOBER 11, 2005 MEETING. (ATT. 1)
2 . GUEST : TOM BRENNAN -UTILITIES ENGINEER: RE : STORMWATER
PERMIT PROGRAM.
3 . LETTER FROM ST ATE OF COLORADO DATED OCT. 6, 2005 RE : SOUTH
PLATTE NON-IRRIGATION SEASON ADMINISTRATION. (ATT. 2)
4 . INFORMATIONAL ITEMS :
A. SURVEY : U.S. WA TER COSTS ON THE RISE. (ATT. 3)
B. PLAN FOR VAST UNDERGROUND RESERVOIR MOVES AHEAD .
(ATT. 4).
C . ARTICLES REGARDING THE LITTLETON/ENGLEWOOD
WASTEWATER TREATMENT PL ANT BEING A LITTLETON CITY
COUNCIL CAMPAIGN ISSUE . (INSERT)
D . ARTICLES -SECOND ADAMS DUMP STUDIED & COUNCIL
REZONES SUPERFUND SITE. (ATT . 5)
5. WATER BOARD CHRISTMAS PARTY-NORTHWOODS INN.
TUESDAY, DECEMBER 13 AT 5:30 P.M.
6. OTHER.
WATER AND SEWER BOARD
MINUTES
October 11, 2005
A T r(. I
The meeting was called to order at 5 :03 p .m.
Members present:
Members absent:
Also present:
Clark, Moore (conference call), Higday,
Otis, Garrett, Bradshaw, Habenicht
Bums, Cassidy
Stewart Fonda, Director of Utilities
Bill McCormick, Operations Supt. -
Utilities
John Bock, Admin. Supv.
1. MINUTES OF THE SEPTEMBER 13, 2005 MEETING.
The Englewood Water and Sewer Board approved the minutes from the September 13,
2005 meeting.
Mr. Higday moved;
Mr. Habenicht seconded:
Ayes :
Nays:
Members absent:
Motion carried.
To approve the minutes from the September
13, 2005 Englewood Water and Sewer
Board Meeting.
Clark, Moore, Higday, Otis, Garrett,
Bradshaw, Habenicht
None
Bums, Cassidy
Mr. Cassidy entered at 5: 10 p.m.
2. LICENSE AGREEMENT DISPUTE -WOODS VS. HANKLE. -777 W.
OXFORD AVE.
Norm Woods and Ron Hankle, along with his attorney, Jim Ridgeway, appeared before
the Board to present the dispute regarding a new license agreement for Parcel D behind
777 W. Oxford Ave .
Norm Woods was selling his property and had a license agreement with Englewood for a
portion of the City Ditch right-of-way, which he turned over to the Hankies without the
Utilitities Department approval. The Hankles made improvements , including fencing,
sodding and a temporary storage building installed within the right of way.
The prospective buyer of the Wood 's property wanted to reclaim the right-of-way that
was recorded to extend the driveway out to Nassau as a drive-through for his trailer. He
also wanted to have the fence, sod and building removed from the easement. Mr. Woods
stated that the buyers backed out of the purchase because of this unresolved issue.
At the end of the meeting, the Water Board reviewed the cases presented by both sides.
After careful consideration, the Board decided to award the right-of-way in Parcel D to
the Hankies because of the Hankie 's history of maintaining and improving this area. The
Hankles will be submitting a license agreement for the portion in Exhibit A to the City
Attorney for approval of form , to be then forwarded to City Council for approval..
Ms. Bradshaw moved;
Mr. Habenicht seconded :
Ayes:
Nays :
Members absent:
Motion carried.
To rule in favor of the Hankies and
recommend Council approval, upon
receiving the City Attorney's final approval
of form, of a license agreement for a portion
of "Parcel D" as outlined in Exhibit A.
Clark, Moore, Higday, Otis , Garrett,
Bradshaw, Habenicht, Cassidy
None
Bums
3. GUEST: DON MARTURNAO -SOUTH ENGLEWOOD SANITATION
DISTRICT SUPPLEMENT #1.
Don Marturano appeared, with two of his Board members-Darwin D. Smith and John
Anderson, Jr., to discuss the proposed South Englewood Sanitation District No. 1
Resolution, which will assess a service charge based on wastewater transmission services
as part of the City of Englewood billing. It is proposed that as of December 1, 2005
South Englewood's fees be billed and collected by the City of Englewood along with its'
treatment charges and Interceptor Basin Agreement charges. South Englewood Sanitation
District's residents outside the Englewood city limits will be billed annually, while those
South Englewood users within the City of Englewood will be billed quarterly.
Jim Higday expressed various concerns about the portion of South Englewood Sanitation
District that is located within the City of Englewood boundaries. Stu noted that South
Englewood would have to provide their customers with a number to call in case of
questions or concerns. Stu also recommended that a terminat ion clause be included in an
attached Memorandum of Understanding.
Mr. Otis moved;
Mr. Higday seconded :
Ayes :
Nays:
Members absent:
Motion carried.
To recommend approval of the South
Englewood Sanitation #1 Resolution with an
attached Memorandum of Understanding
addressing a termination clause.
Clark, Moore, Higday, Otis, Garrett,
Bradshaw , Habenicht, Cassidy
None
Burns
4 . GUEST: DWAYNE TINSLEY -INTERGOVERNMENTAL BASIN
AGREEMENT.
Dwayne Tinsley, District Manager of Southgate Sanitation District appeared to discuss a
proposal regarding the Big Dry Creek Interceptor Agreement (IBA).
Mr. Tinsley distributed a map showing Southgate's proposal for large sanitary sewer main
replacement. The entire IBA line was rated "rebuild," "reline," "sound pipe with
corrosion apparent," "healthy concrete pipe" or "PVC pipe," according to the condition of
the main. Southgate's first concern is the "rebuild" lines showing immediate need for
replacement and/or repair.
Southgate is proposing to amend the original agreement. Amendments include
discontinuing the advance line charges, monies held in the project fund be refunded to the
contributing parties and in addition to the current customer charges for operation and
maintenance, there would be an additional charge to cover the projected rehabilitation and
replacements costs over the next 25 years. Englewood's customers would experience an
increase from a range of $0.45 to $1.66 per year to $13.18 to $48 .61 per year.
The proposed amendments to the Intergovernmental Basin Agreement will be discussed
further in future meetings.
5. McBROOM DITCH LICENSE AGREEMENT.
The Public Works Department and the Englewood Parks and Recreation Department
submitted a Grant of License Agreement for crossing the McBroom Ditch. The crossing
is at the Englewood Golf Course Maintenance Facility on the Englewood Golf Course.,
near S. Clay Street and W. Mansfield Ave.
The agreement is to provide cross ings for electrical, sewer, water, telephone, gas, cable
and a driveway for the Golf Course Maintenance facility. Public Works, Parks and
Recreation Department and the Utili ties Department previously reviewed and approved
the crossings .
Ms. Bradshaw moved;
Mr. Clark seconded:
Ayes:
Nays:
Members absent:
To recommend approval to the McBroom
Ditch Board of the License Agreement for
crossing the McBroom Ditch at the
Englewood Gol f Course Maintenance
Facility for electrical, sewer, water,
telephone, gas, cable and a driveway.
Clark, Moore, H igday, Otis, Garrett,
Bradshaw, Habenicht, Cassidy
None
Bums
Motion carried.
6. UTILITY FENCE EASEMENT-3167 S. VINE ST.
The owners of3167 S. Vine Court have requested permission to replace a weakening
retaining wall with another wood retaining wall that is in an existing utility easement.
Englewood has a sanitary sewer located in the ten-foot utility easement.
The retaining wall is vital for the stability of the existing yard and landscape and the
structural integrity needs to be maintained. The encroachment agreement is necessary so
the Utilities Department has free access to the sewer main in the Utilities easement. In
the event of repairs or maintenance, which may necessitate the wall being dismantled, the
Utilities Department will not be responsible for the existing landscaping and wall.
Mr. Otis moved ;
Mr. Cassidy seconded:
Ayes:
Nays:
Members absent:
Motion carried .
To recommend Council approval of the
Utility Fence Easement for 3167 S. Vine
Court to rep lace a wood retaining wall.
Clark , Moore , Higday, Otis, Garrett,
Bradshaw, Habenicht, Cassidy
None
Bums
7 . LETTER TO SAFEWAY DATED SEPT. 21, 2005 REGARDING
INAPPROPRIATE MANAGEMENT OF NON-SALEABLE PRODUCT.
The Board received a copy of a letter dated September 21, 2005 to Safeway regarding
odor complaints received by the Littleton/Englewood Pretreatment Division. An
odiferous liquid was flowing from a dumpster on their site in the alley to the curb and
gutter in S. Sherman Street.
Safeway was notified they were in violation of the prohibited discharge standard and that
the problem had to be resolved immediately. This is an information only item.
8. LITTLETON CITY COUNCIL ELECTION.
Stu discussed the issue of the Littleton/Englewood Wastewater Treatment Plant Phase II
Expansion that has become an issue in the City of Littleton counci l race. Because of
recent drought conditions, a couple of Littleton residents running for city council have
made the Littleton/Englewood Wastewater Treatment Plant Phase II construction a
campaign issue, claiming it is an unnecessary project.
Stu gave the Board an Executive Summary showing the necessity of the expansion and
penalties that would be imposed in the case of a project shut-down.
The meeting adjourned at 7:40 p.m.
The next Water and Sewer Board meeting will be Tuesday, November 8, 2005 at 5:00
p.m. in the Community Development Conference Room.
Respectfully submitted,
Cathy Burrage
Recording Secretary
OC~.:_Ia-2qo5_I_UE _ _@_: 57 AH BHGR LLP
WATER DIViSION ON!
OP"CE 01' THE STATE eNGINEl!R
Division ct Water Reccurcu
Dopanment of NaiuraJ Re&OUrces
910 9"' Stniot. Suite 200
Greeley, Cakndo 80631
Alone (tTO) 352-8712
Fax(970)392·1S18
bttp:lfwww woter.1t119,ca.11!f
FAX NO. 303 402 160 A TT: 2
STAIB OF COLORADO
October 6, 2005 .
8111 C>-11
oavernor
~111JGeorge
ED:Ullv•~
Hal D. Si'nplan, P.!.
Slll•Engf-
Jan ... R. Haff
CIM rJan e~lneor
Re: South Platte Non-Irrigation Season Administration
Dear Water User or Interested Party:
The administration of the waters of tbe South Platte River remains under pressure from th~i
effects of the recent drought, coun decisious ·and increase'1 competition for the limited
resource. As a result, the cooperative administrative approaches that have existed for over
thirty years are changing. As you are probcWlY aware, pritlr to 2001 , the State Engineer
believed he had authority to approve substitute water supply plans to allow wells to operate
when they were out-of-priority. Howi:v~, the Supreme Coun ruled in the Empire Lodge 1:asc
.that the General Assembly had not granted such authority to the State Engineer.
In response to this 200 l Supreme Court mling, the Stato Engineer proposed new Rules in 2002
to allow for operation of Substitute Water Supply Plans (SWSPs) for tributary wells in the:
South Platte. Many parties challenged these rules, and the Div ision 1 Water Court ruled ·chat
:the State Engineer co~d not approve Substitute Wat~ S\Jpply Plans under the proposed 2002
Rules. The Colorado Supreme Court confirmed the Water Court's decision in April 2003.
Meanwhile, lesislation enacted in 2002 and 2003 provided a new statute for some users to
employ to obtaiJl the State Engineer' 9 approval of temporary SWSPs under certain conditions.
Under some circumstances, the temporary SWSPs are intended to allow wells to operate e>ut-of-
priority while the users apply for water court approval of an augmentation plan. Many
augmentation plans are now winding tqeir way through tJlc court process with interim SWSP's
allowing continued operation of some wellS. On June 3, 2005, the Water Judge approved the
largest of these plans for the Central C()lorado Water Coiiservancy District.
Changes as a result of Supreme Court ~lings, legislatioIJ, drought and increased competition
for water have created significant hardship on a large s.cgment of users and may continllfl to
create bard.ship on some users. Not SUfPrisingly, recent events have raised scv~ issues
. · ·-·· ~~!-1 ?_-_20Q~ TUE 08: 58 AM BHGR LLP
I
South Platte Non-Ini3ation Season Administratiot1
October 6, 2005
Page2
FAX NO. 303 402 1601
associated with administration in the SQuth Platte, and our office is considerin~ potential
changes to its administrative practices. ,Pnor to making auy such administrative changes, we
arc seeking your input. We foresee continuing administrat~on as it presently aists for this
winter, bu~ anticipate changes for the storage season of20Q6-2007.
Two of the most significant issues inclilqe 1) administration of out-of-priority reservoirs on the
South Platte, and 2) winter replacement requirements for out-of-priority well depletions. With
the cooperation that has existed on the South Platte, the Division has allowed the out-of-priority
storage of water in irrigation reservoirs that diven from the South Platte from the Denver Metro
area northeast to the state liuc when it is apparent that senior downstream reservoirs will till.
This administrative scheme has existed for several decades and has allowed for the maximum
utilization of our wat~r resources. However, the statute ~t guides out-of-priority storage
specifically states that out-of-.priority stQrage may only be allowed if the "water so stored <an
promptly be made available to downsn-ejlm senior storage appropriators in case they are U!lable
to completely store their entire appropriative right due to insufficient water supply." 37-80-120
.C.R.S.
We believe some of the reservoirs that ~ave historically had out-of-priority storage probably
cannot return water back to the river PMmptly, as required by the statute. Thus, even though
this practice was allowed throueh the CQopcration of users, the Division needs to review
whether it can continue the practice of allowing such out-of-priority storage ~ when thl'
Division is confident that the water will not be needed downstream for a senior storage right.
We are seeking public input on this P1¥1t practice and whether it should continue in the absence
of any statutory changes .
In the past, our office has not kep t track of calls based on what would have happened if there
was no out-of-pri-Ority storage, as occur~ in other Divisions, because it has not had a need for
this type of accounting. In the future, our office is loo~g at the possibility of keeping track of
the call as if tJ,iere were no out-of-priqti:ty storage. Thus, in a simple example, our office would
.change the call from the senior date of a downstream reservoir to the junior date of the up-
stream reservoir once the out-of-priority storage by the j'ijnjor plus the storage by the senfor
would have filled the senior, s reservoir. . The Division Engineer is also considering mending
this concept to the situation of out·ot~ppority storage for reservoirs that cannot return wa1er and
to well t:1sers that are required to make replacements for depletions. Our office desires pul~lic
input an such practices and whether $9y may occur without authorization from the Water
Court or the General Assembly. ·
011 a related topic, some water users lllllY believe that well owners should replace any tin1e
there is a shortage in the amount a rc5c:rvoir can diven whether we have set a call fur the
reservoir or not In accordance with ~¥ttute, our office only sets calls for water rights if there is
a viable need for the water for a deer~~ purpose. For example, in the case of Julesburg
reservoir, we will generally place a ''b¥J>a!is call" to assure the fill of the reservoir. A bypass
call allows some juniors to divm upstream while passing a portion of the water downstrc:am.
, . I
j,
P. 04
OCT-18-2Q05 TUE_ 08 _:~8 AH BHGR LLP FAX NO. 303 402 1601
! i
South Platte Non.IJTiption Season Admin l tratic>n
October 6, 200S ' ·
Page 3
We have adopted this administrative · roach because we believe it is con~istcnt with the
statutory provision that requires that th Pivision Engineer "shall also order the total or partial
discontinuance of any diversion in his ·vision to the extent that the water being diverted is
required by persons cntitled to use w ; imdc:r water right~ having scnior priorities." § 37-92-
502(2)(a), C.R.S . (emphasis added). e believe it would bo inconsistent with this statutory
directive if we caused curtailment in · ccss of what was ~quired by the senior priority to fill
its reservoir. Further, we are concern J}lat changing this administrative practice would waste
water by causing water to flow out of : ~ Sta.te resulting ill the unnecessary loss of water to all
~ers in Colorado. · ·
Other reservoirs upstream from Julesb. rg Reservoir whosj! diversions arc from the South !'latte
have generally filled in recent times e !=JJt for 2004 and~ small amount in 2003. Althougb
these reservoirs have historically fill , we have some CO!lCcm that they may not fill in the
future due to changing circumstances . First, it appears r~crvoirs will continue to be used more
extensively than they have in the past ecause of some us~s· inability to use ground water
supplies as extensively or at all. This · ill require more water to refill these reservoirs each non-
iITigation season. Some reservoir su Hes also will be in~rcasingly used for augmentatiou
purposes in the future, once again req ' iring more water tq refill these reservoirs . More
importantly , there will likely be less w in the future av~ilablc for storage due to reuse o:f
consumable sources, installation of sp "nkle~ reducing return tlows, and the use of direct now
rights earli er in the year because of sq e users' inability fO use ground water supplies as
extensive ly or at all . Some might · e that these cff ects: will be at least partially offset by the
several hundred wells that can no Ion · er operate. We expect that we will be able to betteJ
predict the global impacts of all thes e changes upon completion of the South Platte Decision
Support System modeling. Because . four concern that ~outh Platte reservoirs will not fill
without a call, our office presently fo eaees the need of placing a senior resCTVofr call in
November in all but the best years . ;
Concerning winter time replacement 1 f depletions by weU user groups, the Division has taken
the position in the past that, if th e u I Pas resources to make ~egatcd replacement, thm that
repl~cemcnt only need be made if th · senior right does not fill or the lack of replacement will
impact water rights junior to the senf r calling right, but scuior to the priority of the welfo being
augmcntOO. Others with rights junio to the wells have argued that roplaccmcntmust be made
any time that the senior is short w . Under the latter ;wproach, these junior water rights may
come into priority more quickly if th
1
senior reservoirs till more quickly . The Division has
resisted this argument in the past. . wever, upon furtru;r review, the Division has dccidi!d to
recon~ider, after public input, wheth rwells should austP.ent any time there is a shortage ,
regardless of the fact that this may o ly benefit water ri!Jhts with priorities juni6r to the wells
and may cause loss of water to all C l~o users in certain circumstances. .
It should be noted that recent augm~ ~on plans approved by the court upon stipulation by the
parties already require real time w· : er replacement unl~s the court approves agreemenls
b'~cen the Augmenting Party and T\e or more reservoir owners to allow delayed aggn:gated
P. 05
·-·~QCT-18-2005 TUE 08:58 AH BHGR LLP
··-· . . , -
South Plauc Non-Irrigation Season nUl.liUI. ~·· tiatton
October 6, 200S
P31c4
FAX NO. 303 402 1601
replacement, if necessary. We will. of · ursc, follow the dJrection of the legislature if it
provides general guidance and thJ3 de e~ of the Water Coµrt. Even if wells are required to
I .
augment any time there is a shortage, o' . office contcmp~lCS that it will still allow limited
aggreptian within a particular month 'ng the non-inigation season for efficiency of
replacement purposes.
In conclusion, we forc5cc possible c ps in administration having a sigJ;tlficant impact on
some users, .and thus we are seeking yq r input before implementing any changes. Please
provide us with any comments you haV. by November 30, 2005. To allow water users the
opponunify to adjust to any admin~ tive changes, w~ ant(clpate implementing any
changes for the 2006-2007 storaee s : ~n. ·
J' es R. Hall, P.E.
, · yision Engineer ·
Cc: Hal Simpson, State Engineer ·; .
Paul ijenington, Assistant Atttj ey General
j:
P. 06
ATT. 3
Current News •
Survey: U.S. Water Costs On The Rise
The annual water survey conducted by the NUS Consulting Group (http ://www .nusconsultinq.com) found the
average price of water in the United States climbed by 3 .5 percent for the period of July 1, 2004 to July 1, 2005 .
The survey, which includes 51 water systems located throughout the country , revealed the highest price paid
was in Huntington, W .Va ., at $5.49 per one thousand gallons ("MGal") whi le residents in Greenville, Miss .,
enjoyed the lowest price for water at $0.80 per MGal. The average cost of water in the United States was $2.34
per MGal , NUS Consulting reported on Oct. 17. Including related sewer costs , the survey also found that the
national average rose to $5.78 per MGal --a n increase of 5 .3 percent from July 2004 .
Some of the more notable increases in water prices were observed in San Francisco ( +14 .8 percent), Denver ,
Colo . (+13.7 percent), Hartford , Conn. (+12 .7 percent), G reensboro , N.C . (+12 .7 percent), and Newport, N.H .
(+10.0 percent). Most of the in creases were attributable to maintenance and construction costs, as these cities
struggle to upgrade and maintain aging wate r and sewer infrastructures . ·
"While the increase in water prices may seem insignificant in comparison to the recent rise in other energy
costs, it should be pointed out that increased water and related sewer costs occur, without fail, year after year,"
said Richard Soultanian , co-president of NUS Consulting Group . "Businesses need to pay careful attention to
their water costs as this commodity has the potential for significant increases in the future. Aging water systems
coupled with ever stricter Government regulations will have consumers pay ing more which in turn could have a
negat ive impact on many business operations ."
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Plan for vast ·
underground
•• reservow ,,.,
mOvesCtnead
· Ranch owners envision e1cchanging ·
water. from farms with Front Range cities
. . . . . • 1'.1ACl'ISO(lfTY~~l:llKNHIEA'S
. • FRICO bought; the 70 Ranch for
By Jud Smidt .$20mlllon: ·
ROCKYIAOUNTAlt;NEWS • . ...... Since th~ more ·tl\.8ll $1 mll-
.C-KERSBY-The~\~tbe ·· !'!~~~~:::~
Fanners Reservoir and ~Ion Co. general manager Manuel Montoya, of Greeley, sooops up
ahandfi.llofsandysoilonthe.W,Ranchp.earKersey. "Tbiswholeraochisnothingbutsandbowls:he
· said, where billions of ¢Jonii'~~~~d besrored ii! the tiny ~re8 between the grains. ·
. ·-·· . .
hard-luek 70 Ranch-wt c,>fGree-ogy and theflowSofthe river, and
leyisnearlyperteel '. · ·.enitlileertnl the canals and
But the serenity, th& endles:s pumpst.attonstbatwtnmoveW'1-· ~and the hawk& that glide tertromtherlveruplntothehllls
quieUy above lta -undy bllls and into a se~ea ol m~tuml ba-
fnaska.blur ofacUvit;y. s1nS..
Underneath . this · . tpstoPe . . . "When the nuich went on the
20,()()().aere . &pre.ad a · groUrid~: market. ev'eryone lo<>ked at it
breaking, cQntroverslal water andpaasoo;"Lembkesald ..
project is In the works. . . Aooordini to Jocal Jore, it was
Its creators envision the prop· . named ttM! •7fj 1 t>eeause It lles 70
erty as a gtant eXchang~ atatlon, mlle5 trom what were once three
wnere water moving from tarms m.aJorcattle shiPpinghubs: Den-
to the thirsty Front Range can ver Cheyenneanllsta-Ung.
bedroppedolf,storedanddivert· The romanUc old spread has
id . '. . . . . · watertUbts dating back to 187S.
· -The Wldertaking·ts the result . But because lts grasses are so
ofa partn~hlp between one of 0
spars,e it oould teed on.1y a 'rew
the Wges€ famie~owned water . hund~cattle. · .
suppnera on · tb8 F?Ont Range -crops Wei-e hlird to grow be-
and a multlmlllionaire developer cau~ the soil was too sandy.
whO've joined foroes to create a Even 'a mwt1m1111on-dollar etrbrt
regionalW~teroompany. . · to create ·a masstve hog · Cann
They characterlze the ra~h as. . there in the 19~ failed.
a giat_l' bucket or ~d. h6lf _the . Tod~atherre.nche.s In the area
.... "" ,..~ .. ~ ..... , .. u--,,.., n,.......w.--"t'U"f.""f.-.
·F~~·f~ch to regionai ·~t~r,~stetn
Wiien atonc-standlns·.,..t1on regional w*fsystemtlaatca1i~oe ~use.FIUCO,asitsknoWB;
ce..,-r ~d ~ devel~ join such tast-gCllving ronununities as . -~ fO\lf' ~'Oirs lo ·
forciS, a regional waia-$)'Steiois . Brightoo,l.Axhbuieand Centeilllial. the metro area. '1Wo,S1andley and
bom. Thelm-)~ld Brighton· . . ~historic JO Ranch is a key pan l'3rshall.lake8. already pro\'ide
bWied Fanoers ReseIVCir and of tlae project, acting as a gia.at some wa&er to dtie&. The aew
lrrig&tioo CO. is partnermc with · exdaange 81¥1 ~ slation where llOder1aking ,yj]l open Ban-and
de\-eloper &bert ~mbke to creale a · -fum water OIJl be uaasfemd for Miton Jakes 1o municipal use.
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By Jenl.Suddl FRICO bought the 70 Ranch fur
-· f2~mWon . ·
" ROCKY MOUtffAIN Nf.\Y_S . . ' :_ , Slpoo then., mare~ $1 mll-
-·\!I I L ~ I : · u· • '---~''"""-;.·t~..i~~ i --~···· . . . · .. -,_, '·. on llG<> ..• &M"" r.,s .,. .... ~ ts
· .. , KERBBY -:-The 3,!J,~ Oil the natural , stud,Vlng lta geol-
ruml·luek 70 Ranch.~ 9(Gree-ogy and the ilowa ottherlver, &nd
ley1snearlyperfe4 .. · . . . enitbeertrig the canals and
But the serenity, the. endlms : ·pumpst.alionsthatwlllmovewa-·
views and the hawks that glide :'terft:"oolthertvetuplntotbeh1lls
quietly above its_ sandy hllls and .Into a senes of natural .ba~
ina.sk a blur or actlvity. ~Ins. · '
underneath . this t : ~at~e . -' "When the ranch wene on the
20,000-aere spread a ground -~,' e\iel')'Qne look~ a~ lt
bre8kin(r, ~ontroverstal water andpassed,"Le.Dlbke said,
proJectislntheworb. Aecordlrig ~o local lore, it was
_ Its erea~rs envlslon the prop· ·riamed the ·10'' because it lles 70
erl;y as~ giant exc11an&e station, miles from what were once three
when! water moving from (arms major cattle shipping hubs: Den-
to the thirsty Fron\ Range can ver,Cheyenneandsterllng.
t;ie _droppedoO:storedanddlvert--The romantic old spreed has
·. ed.Th ·d· · ..... ~~ .. ~-! th sul.t ~rlghisdatingbackto 18'1S. e un _e. ~'6 __ s e re . But because its grasses are so
of a P~~hlp qet~ one or spara.e, it C-OUl.d teed only .a !eW
the largest f~er--0wne9 water huiufred Ca\tle.
suppliers .on the Front Range Cl'Ops were hftrc1 to lll'OW be-
and a mult.imilllonalre developer ca~ the soil was toO sandy.
who've Joined roroes to create a Even 'a mwtlmllllon-dollllr effort
regional wat.eroom~any. . . . to creat:e 11 massive hog farni
They characterize the ranch as. . . .
a gl~t bucket or sand, half the there~th.e 198.o.&Ciilled
size or the ·city of Denver. Wlthln · -Todily other ranches ln1J;le area
the tiriy ~paces. be~en the -neighbors include blllion.aire
· . ~ billions of galloI)S o(water Fhll~u!'.Zan~ Oolora.d.oRook-, -, ~-~ , · · -· · · · · · . . · les ftrst baseman Todd "-'°elton -can ax: he1d, crest.mg ap under· -. . . q
'gtpund ~etv.oir tap able .or 11t0r.-... are wlued ~.much 1br their wild-ing 'water for · at · leaSt 20 ooo ll(ebll,bltatas~eJ:ie .. · · · · · · ·· · · · ' · Butln the'TO li!mbke and.FRI-homes.. . · , · . · " " . -· .
DeveloperRobert.Lembkeand -co saw more than the hawks
· _·Bii@.t'4 if::~~ed ~~~en Reser-· m:erP,ejl.dand ~lush wetlands. ':VO}r:_~~:~1Ja~on _,0o. ·believe . , . 1;9 _1µ.ost~t>l~lt was1worth--•~E;-:PI'9.P.elt>Y -~·ntovide a key . ~e.~.··~W!e '. f.t1ey didnt .~ve .
··cf · M"il:''li""' ... f ;,;. '--t ~..-...hlt .. what.we have-the :P'RlCO wa-
• · G ~:;,;;{-:.;', .:C .. ~~; ;:~.;ti · · ier:'.·Lemblai-~ai<:t ·
· ~orF1i.J~&-~funbers.. --. •· TM.ran;ch ~sits in a sweet .-"We llope .to.s~ as: a Ilrik," . .spot ;.ln ~.aQ11th Platt.e Basin.
Le'mbke said: ,,··-:· ::· :, · The }i\'ler run.S through lt, feedJng
Wlth Col~d.~'.~:: water · de-. aaeii.e.s ofhlgh plafusfU'rnrese~
mand expechicrfo;_s~ 53 per-voira that lu!.ve kept c.}lo_rado'~.
· .. centintjlieP.eJtt:2,6:Ye'ju's, water or-. -~tlrrlgatedagrlculture econ-
··:;,llclel.1YP,~d do~tlle state'sl_Jr-· ·OniYP,Jlo~H?rtbepastcent.ury.
-·ban ··oomdor;'are ·:sear.chlng for · . ~~,·_mo~ agriculture water
· ' ·_~1l(>-· ~:-tJ)s ' · pt.entll\JJ.' ·-. fr'(>~·~JUCO~I! .tanners anc1 oth-.
"·:-m:;T~~~~~~:. :~,~~~~t :ydc;:~~::i:.. ·
lngttsfaimeoonomy. .canytng water across the ranch
1 •0 -:,;_,_ , :,4 ;,";.t ,~1., .·'.· I "..:,..'t •' k~=:·i "•1 1'",',,t ,·1 , ~~: ~ •' , •.·"~.·~ .......
• U\ACPISCIJT1Yl!lOCl\Yl.CUIU.tll\Vl:'I
Fanners Reservoir 8llCI lqatlon Co.. general manager Manuel MontDya. ofGreeley, sooopsup
a handful of sandy.soil on die,~ Ranch~ Kersey. "This whole ranch is nothing but sand bowls, .. he
said, where biDionsof gallo~if y.raj~~ be stored ir! the tiny spaces between the grains.
..__ ___ _____,__-_. -------~-~~--.~-· --------------
;furi~'~m to regionai '~~r :~Ystem
·Whea • I~ lntpllon regiooal waterS)"S(em that can ~n-e · . urba(l use . PJUOO,asit's knoWI\
COJ!!!f.-. an<b de~oper join sud:i &st-growing oommunitieu~ · O\l'Jlll ~ reiierwirs io
fortxis, a reiiooalwater system is Brigl:itln, Lochbuie ~·d ee-.ilnial. rue metro area. 1\w, Stantley arui
boqi. The 103'.')liar-old Brighton· , ~historic.70 Rench iS a lcey part Marshall lake8. already proviM ·
_based Farmers Resenooir and of the project, acting as a giant some water to cities. The oov
~on CO. is partnering wih eia:hange· and holding station v.ilere oodataldng wil ()pen Barr and
developer Robert Lelllhke to create a · , farm watrc can be traasferred for Milton 1alres to municipal Wile .
ilmt.#ltumu1tl1:'V -Y1u1 m1uuu111
• MODlllN ALWVIUll .. ·-
a..... u.a z ...a11u-;..iirsold .
Modem alluvium -marble or
. waln\it-slzed gravels --are ttte residue
frorTI the end or tile taSt lee age.
0 E.OUA!'Da'OSA.TI , ' . ./ .
. ......... ·~liiwflilll :·· •. . .. ... ...... :-.· . ·.
Eolian deposit$ ar~ ~nera!Ma unlfonn
, tn&-&ra1ned ~:atx:illl'.ttie,siie ot'<f .
i j)1rihead. Eiecii0se 01 tile .size al ttie ·
grain, and Its uniformity, the soil is very
porous and atlaws water to seep irin the
ground quickly, limiting evaporation ..
. How~arolethelnnovatlve tocanehthatwtnreed.water1nto
70 Ranch -project wlll play isn't natura1 recharge basins where lt
clearye~ will qul~ seep lnto the sands ly-
~g bel9w ground, iilowJ.v mtgrat-· . ~lr / ::~~=::~~'~':;~'!nd ·~ ·,{:;,,: ~-·.i~;& ~;~CJi~i~A :/ ~:'.~ubp~as:FrnCb · · · ~-. _ .... ~ ....
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I i SAWJIDAY, OCfOBEll.29, 2005
tOO /tOO®
ru CtH,;uuiugLu V•J.iu.1 ... ~1
t masks or scary cos-
1e ~vent, but no one was
11 t ~
r LJ I Dawkins, 11, came as
eaper, complete with
c: !r his face, and twirling
l1' t-: !-headed ax.
'I ur first time, and we'll
r \--I think it's great that
!; g this for the communi-" <:l: . mother, Kim Dawkins,
~ McKinney, program di-
:tu1, u~--tne community center
anted to get away from witches
d demonology -the non-Chris-
n elements of Halloween. We
mted to make it safe and non-
ary."
The decorations were harvest-
emed, with scarecrows in the
)nt display cases and a giant intlat ~
>le spider In the enclosed patio.
A cardboard stand-up figure of
!ar Wars character Jar Jar Binks
:eeted visitors at the entrance to
1e main room. Inside were other
:irdboard figures that ranged from
red Flintstone to former basket-
all superstar Michael Jordan.
Andrew's mother, Stacy Smith,
1, of Aurora, was one of the few par-
nts who brought her children be-
ause she was not comfortable with
radltional Halloween events.
"They're not run by Christians,
lnd it's not Christian culture," said '
>mith, who wore a bright clown cos-
.ume.
But there were also other reasons
;he liked the Harvest Festival.
"It's safe, and there are a lot of
;hings for kids to do."
Inside, much of the room was dom-
lnated by the inflatable obstacle
course, plus two other inflatable
structures children could play in.
Tables along another wall fea-
tured carnival games.
Maya Heath, 9, of Denver, was
waiting patiently in line for her tum
at the face-painting table. "I like to
come here," said Maya, who came as
Tinkerbell in a bright green top and
gauzy skirt.
This Is Maya's third Harvest Festi-
val. Her father, Robert Heath, 51,
kept an eye on her from his bleacher
seat Monday.
"It's in a safe place an~ I don't
have to worry abol.it drive-bys '
(i>hootings) or drunk drivers," he
said of the event ...... ~ ........ , , ~ ~ ~ • , ,,
_,lt'"' .... o• •... . 0 ,
~ Stapleton trick-or-treaters wade through fog, cobwebs and skeletons to ring the doorbell for Halloween goodies at the home ofDavid Westman and
LI Anthony Aragon. Click on Sonya Doctorfan's Video Journal at RockyMountalnNews.com
2nd Adams dump studied
Landfill would hold
radioactive waste if
state approves plan
By Todd Hartman
RO C KY M O UNTAIN NEW S
A second Adams County landtlll
would be allowed to accept low-
grade radioactive waste if the state
health department approves the
proposal.
Waste Management-owned Con-
servation Services Inc. north of
Bennett wants to routinely receive
waste that regulators and landt111
operators say contains extremely
low levels of radioactivity and pos-
es negligible risk to people or the en-
vironment.
Much of the material would be
sludge le~ from treatment of drink-
ing water and tainted with small
amounts of naturally occurring ra-
dioactive elements such as urani-
um. That kind of waste is on the
rise, as revised federal drinking wa-
ter regulations require more extrac-
tion of such contan1inants.
The limits on radioactive waste
at the CSI .site would be tighter
than those proposed for another
landt111 on the eastern fringe of Ad-
ams County, near Last Chance
along U.S . 36, regulators said.
Operators of that site, owned by
Massachusetts-based Clean Har-
bors Inc., have asked the Colorado
Department of Public Health and
Environment for permission to ac-
cept sinillar low-level radioactive
waste, illbeit with allowances for sig-
nificantly higher levels of radioactiv-
ity than at CSL
The Last Chance proposal has
• 6Um:'ed controve1sy" as rasideut..s,
Agency accused of favoring operator
By Chris Barge
ROCKY M O UNTAIN N EW S
A series of e-mails and correspon-
dence show a too-cozy relationship
between the state health depa1t-
ment and a landfill operator, says a
lawyer hired by Adams Counly Lo
block radioactive dumping near
Last Chance.
Howard Kenison said he and his
staff thumbed Lhrough 22,000 docu -
ments and found what they believe
is a pattern of public health and the
environment taking a back seat to
the health department's and land-
11ll 's common business interests.
environmentallsts and county offi-
cials in opposition say state offi-
cials are oven;ding their wishes in
search of an inexpensive, remote
place to dispose of radioactive
waste.
But the potential disposal of
such waste al CSI has garnered lit-
tle nolice, and no outcry. That
might be because CSI has accepted
such waste before, though only on a
case-by-case basis aner approval
from state reguiators, and fewer
than a dozen times since 1989, said
Alan Scheere, an environmental
specialist for Waste Management.
Protests or not, the CSI proposal
will likely face scrutiny from Adams
County officials . While the slale
may allow disposal of the material
with less oversight, the county will
continue to require a closer look at
each shipment.
"It's too contentious a subject to
(all.ow) ..disposal .without doing .a
Doug Benevento, head of the
health department, has said allow-
ing low-level radioactive waste in
the landfill would significantly cut
costs for the state, which currently
pays Lo ship radium-tainted dirt
from under Denver's streets to a
landfill in Idaho.
"The events disclosed by these
documents illustrate the extraordi-
nary extent to which the process
has been the product of behind the
scenes communications and meet-
ings between (the health depa1t-
ment) as a regulator and the licen-
see-permittee, Clean Harbors,"
Kenison wrote in Adams County's
response last week to an applica-
case-by-case (review)," said Craig
Tessmer, an environmental analyst
for Adams County. "Somebody has
to double-check."
State and Waste Management of-
tlcials have actually been discuss-
ing allowing the material at CSI for
several years, said Charles Bayley,
vice president of government af-
fairs for Waste Management.
In fact, it was state health offi-
cials who first approached Waste .
Management, about streamliniJlg
CSI's acceptance of the waste, land-
fill officials said.
That's beca use, with significant in-
creases in tainted drinking water
sludge, cities and other drinking wa-
ler providers need Colorado landt1lls
that have the protections and experi-
ence to handle the low -level waste.
They also need sites that aren't
as expensive as some out-of-state
tion by Clean Harbors to receive .
low-level radioactive waste rrOm
across the Rocky Mountain West at
a landt111 near Last Chance, in the
southeastern comer of Adams
County.
Kenison went on to write, "The
net effect of these meetings and
communications has been to blur
the required arms-length relation-
ship between the Department and
Clean Harbors and has, in this
case, apparently compromised
(the department's) fiduciary re-
. sponsibility to protect the public
health and the environment and to
Flip to INTERESTS on 14A
-: . E. 88th A '.1 fci
-. "~~ .. l ·:~~fi;.\
··'"'"~j ,,.,.,,,,.'i?i]! •. 1~, ~'I • .. •.,. " ;~1:1 .,..-~~~ • :,,...,.,~ ~-·f .. ·• .~ ......
tARAf'A~Q~CQ,.Vti~~
71 >:J ;.\~1'h:d:i tl
• ; 1 .~ N .1 i,nri
; ' S 11111,D H 'l l
. r :; ~·f J fo r!if ;1rt
~ • 1 ' R()()(V MQuNTAIN Nf;WS
· ..... '·"'·'·'l\lipto·LANDFJLI;onl4A 1 ~~~~~~~~~~~~~~
•.
rtamiiik<1f;safu:f()-;th~1 ;~;keIB'
J Continued from 6A . . . bundmg, oil and gas operations~d for the public at large," Tessmer
i landft11s, built t.o accept higher-level mlning. . . . said of the limits attbe CSI site, simi-
/ radioactive waste -sites like CSI In the case of CSI, the upper llm1ts lar to what backers of Last Chance
; and.Last Chance, regulators said. of the radioactivity of the waste . have said about the waste proposed l "We're looking at having a couple would be 15(} picocmies per gram ft>rthiitsite. .
; of places with enhanced (environ-At the Last Chance site, the ceiling Both sit.es are engineered to ac-i mental) controlS that can take tl:1is would be far highei;, at 2,000.picocu-. · cept such material, regulators. say,
•. material on a routine basis," said ties pergram, T.arlton·said. .because they al.ready accept nsker
I SteveTarlt.on, unitlead.erforth~ra-· Regulatorssay.suchleVelsarecon~ . niaterials: Last Chance is a hazard-
! diation management unit at the · sidered low .. A worker exposed to ous waste landfill and CSI is an in-i statehealthdepartment. · suchlevelsofradioactivityforapro-dustrial waste landfill, which rum-
i At issue are types of radioactive longed.period would get similar d()S-dles:waste paints, oils and asbestos,
i waste known as naturally occurring es by taking a .cross:-coun~ air-among other chemical leftovers.
I. radioactive waste and ":l;ecbnologi-. plane filght, and receive .a far higher
. caDy enhanced" radioactive waste. dosetromachestX-ray. . hartmmU@RocJcyMau:n.tainNews.cam ! Such wastes are often Je1't from road · f'It's safe for the. woraers and safe . or303-892-5-048 I . . . . . . . .
I Interests: Qtficialsmaydecide soon
I Continued from 6A · to ~d Roitman, Clean Harbors~w-that, because the money being used
I deal openly wit.hall citizens and Io-yer James Spaanstracirpresseafrus-. to clean ft up is ultimately coming
cal governments .in Colonldo." . tratiori over a Denver ofl'i.cial's: re-out of the state's clean-up ftmd. We
~ A-top health department om.cta1 fusal "to, llnmediately etiertmn the never in any way got involved with
disputed that characteriz.ationMon-company's offer to accept the radio-·Denver_ It's thek call."
day. _ active tailings at i:.ast Chance. · Adams County has opposed radio-
"That's wrong," said Howard Roit-"Doug.and .Howard:. Diana Shan-active dumping at the Last Chance
man..environmentalprogramsdirec-non · strikes again," Spaanstra land.till since 1983, when coIIUiliS-
: tOr."'The Last Chance site has hiB-wrote, referring to the director nf sionerspassedaresolutionprohibit-
1 torically-.had one of the most open Denver's Environmental · .services ing such matertals. County otncials
I citizen. participation processes of Division. "It is unclear whether. this argue that the resolution still
, . anywhere in the state." issue ever went any higher than Di-stands, and precludes the landfill
I The public comment period end-ana, but we are attempting to ·tmct from accepting radioactive materi-i ed last week. and the health d~part-out.• _ . . _ als; regardless of health department
I ment plans to decide on Clean Har-The e-mail goes on t.o say that permits that may say otherwise.
i bors' permit application·soon. without the contract to dispose of Benevento bas said he doesn't
J -Adams County says the docu-the Denver tailings, "There rilight . need the county's permission to
j ments show that the interests of the not b_e a 'next ~ear' for this ~cy." sign off on the radioactive waste per-
' health departinent and Clean Har-Roitman srud the e-mail SlIDply mits. Observenrclose to the process
bors have become so intertwined showed a lawyer's attention t.o his saythatthedecisionappearsbound
that the regulators can't be objec-client's needs.. · . forthe courts.
~~about a permit application that "Look, Cle~ Hm:bors saw a busi-· One of the many memos that con-
lS~~ to-the Last Chance landfill re-ne~ oppo~ty W,:th ~ese nem:er · cerns Adams Collllty is a letter sent
! mrurung o~ radium materials, R01~ sai~. by Spaa:i:i.stra to a top health depart-
1 In an April 2004 e-mail to Beneven-"They know we. have an mterest 10 ment ofllcial. asking for input on his
: · interpretation of what would hap-
--·--, pen if an approval was appealed in I court. · .
i. According to the May 16 memo to
i Joe Schietl'elin, a heaith department
I compliance program manager, "a
1 court cannot stay the issuance of a
. J permit automatically. Instead, the ! ·petitioners must establish that t;hey
; will be irreparably injured if the li-
! cense is not stayed-"
! Throughout bis correspondences
· ! with t he health department, Spaan-
ll stra paints the radioactive materi-
als as practically harmless.
! But mid-level health department
I otlicials took the potential health
J risk seriously, and ffiqiressed con-
t cern over what they apparently saw
' as pressure to expedite Clean Har-
bors' applieation
In a May 5 e-mail, Schiet!elin
wrote to Spaanstra, "this facility is
not ready, this company is not
ready, and IJwe cannot afford to
goof here. When was the last time
vou 'll:Ot in a room and wrote a per-
.... ,-.;
I In a May 5 e-mail, Scbiei!elin
~ wrote to Spaanstra, "this facility is
not reaey, this company is not
ready,_ and IJwe cannot afford to
I goof here. When was the last time
I you 'got in a room and wrote a per-
. mitJlicense'? It just does not work
that way~ never has-and particu-
larly not in a situation like this and
t
, under a time constraint such as_
this."
l, In reply, Spaanstra wrote:
I "A whoppingaverage of31.75 Pico
curtes! I have neckties which give off
I. more radiation than. that! Have a
l good weekend!! J1m.':' ! lxuyec@Jinc/qjMmmlatnN-.OOm l or 303-892-5059
I ~~i.li}lt :1Nf.IJY,Pl\1.µP,I\ j, ,.l.!Jl,lt>_ ,
Council rezones Superfund site Commercial and Resldentlal
Tiie and Grout Restoration
Steam Vapor Clean Ing I
Guaranteed 15 year Sealing
Leaking or Moldy Shower Solutions
Guaranteed Stainless Grout,
Former radioactive
waste dump to turn
into lofts, businesses
By AJan Gathright
ROCKY M OUN TAIN N EW S
Lauding the triumph of a 16-year
grass-roots crusade to clean up a ra-
dioactive waste dump in south Den-
ver's Overland Neighborhood, the
City Council unanimously voted
Monday night to rezone the Shat-
tuck Superfund Site so it can one
day become lofts and commercial
space.
The nearly 6-acre site at 1805 S .
Bannock St. had been left contami-
nated with low-level radioactive
waste by the defunct Shattuck
Chemical Co ., whose plant salvaged
uranium from defective fuel rods re-
jected by nuclear reactors into the
1970s.
When the Environmental Prote c-
tion Agency proposed sealing the ra-
dioactive waste in the site with a
"To be at this point
in this historic
battle is aln1ost
unbelievable:'
Catherine Sandy
ow ner of a hai r salon nea r th e
Sh attuck Superfund Si te w h o
h elped lea d the fi ght for c lea nup as
the on e-time pres ident of th e
Overland Neigh borh ood
Assoc iation
14 -foot -deep cement cap in the e arly
1990s, a protest sparked by six neigh-
borhood women -and joined by
then-Mayor Wellington Webb and
Colorado congressional lawmakers
-forced the EPA to acknowledge
that Its plan couldn't guarantee pro-
tection of human health or the envi-
ronment.
Since 2000 , the EPA has been con-
ducting a $50 million progra m to r e-
move the radioactive waste and
ship it by rail to an Idaho stora ge fa -
cility . Cleanup is scheduled for com-
pletion by next summer.
Councilwoman Peggy Lehmann
praised the neighborhood a c tivists
as "people who would not take no
for an answer . . . who knew that
burying radioactive waste in the
middle of Denver, Colo ., was not
right."
Residents expressed exc itement
about the transfo1mation of the tox-
ic dump into a potential mixed-use
development that could involve resi-
dential, research and retail projects.
Proceeds from any development will
help defray the cos t of the cleanup.
"To be at this point in this historic
battle Is almost unbelievable," said
Catherine Sandy, own!)r of a nearby
hair salon who helped lead the fight
as the one-time president of the Over-
land Neighborhood Association .
"This is what we've been desperately
seeking and fighting for in our neigh-
borhood."
In other business, the council vot-
e d 11 -2 to pay a $22,250 settlement
to JefTrey R Mayton, an HIV-infect-
ed homeless man who allege d he
had his shoulde r dislocated during a
confrontation with Denver police
last year when he was found mm-
""ja Free Estlm11tes ,.
. t h t h . il ~! -~-www .~rout -tek .com ~ magmg hroug a ras bin. Counc cMe11i¥ ¥1•h·E·••..J&-i$
members Jeanne Robb and Jeanne
Faatz voted against the settlement.
Faatz said she opposed payirtg a
man who'd been charged with resist-
ing arrest.
Advertisement
But Mayton's attorney, Daniel M.
Murphy, sald a judge threw out crim-
inal charges against his client. Mur-
PhY said the sickly, 135-pound man
was simply scrounging for books to
sell at the flea market when he was
brutalized by two officers investigat-
ing reports of a possible identity
thief "Dumpste r -diving" for resi-
dents' discarded documents.
Mayton, who denied resisting ar-
rest, alleged that the officers
slammed him to the ground with his
arms locked behind him, then ini-
tially denied him medical treatment
and covered up the injury in reports,
MurphY said. "It was so egregious,"
the attorney said.
The assistant city attorney who
handled the case could not be
reached for comment Monday after-
noon.
gathrighta@'Ro clcyMo unt a t nNews .com
or 303 -892 -5486
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