01SN0275-Sept26x.pdfSeptember 26, 2001 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
01SN0275
Martin Marietta
Clover Hill Magisterial District
West line of Warbro Road
REQUESTS: I.
Amendment of Conditional Use (Case 80S044) and Conditional Use and
Conditional Use Planned Development (Case 97SN0229) relative to hours of
operation, number of concrete tracks and use of Genito Road to transport
bulk materials.
II.
Amendment of Conditional Use and Conditional Use Planned Development
(Case 978N0229) relative to bUffers.
PROPOSED LAND USE:
Elimination of Condition 11 of Case 80S044 regulating the hours of operation for the
quarry, elimination of Conditions 15. D. and 15. E. of Case97SN0229 regulating the
hours of operation for the concrete manufacturing plant and the number of concrete
tracks allowed to operate from this plant, amendment to Condition 6 of Case
97SN0229 relative to the treatment of perimeter bUffers along the northern, eastern
'and western project boundaries and elimination of Condition 8 of Case 97SN0229
relative to the use of Genito Road for transporting bulk materials are proposed.
Providing a FIRST CHOICE Community Through Excellence in Public Service
RECOMMENDATION
REQUEST I:
The conditions limiting hours of operation for the quarry and the concrete plant, the number
of concrete tracks and the use of Genito Road for tranSporting bulk materials were negotiated
with area property owners. After consideration of public input, shoUld the Commission and
Board wish to approve this amendment, imposition of Condition 1 and acceptance of
Proffered Conditions 1 and 2 woUld be appropriate.
(NOTE: CONDITIONS MAYBE IMPOSED OR THE PROPERTY OWNER MAY PROFFER
CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED UPON BY
BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY A "STAFF" ARE
RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY "CPC" ARE
ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.)
CONDITION
(STAFF) 1.
Condition 11 of Case 80S044 with-respect to hours of.operation for the
quarry and Conditions 8, 15. D. and E. of Case 97SN0229 with respect to use
of Genito Road for transporting bulk materials, hours of operation for the
concrete manufacturing (batch) plant and limitation on the maximum number
of tracks are hereby deleted. (P)
PROFFERED CONDITIONS
The Owners and the Developer (the "Developer") in this zoning case, pursuant to Section 15.2-2298
of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for
themselves and their successors or assigns, proffer that the develOpment of the Property known as
Tax Identification Number 735-684-7967, part of 735-683-0636, part of 736~684~4944, and part of
737-683-2003 (the "Property") under consideration will be developed according to the following
conditions if, and only if, the amendments to the conditional use and conditional use planned
development request are granted. In the event the request is denied or approved with conditions not
agreed to by the Developer, the.proffers and conditions shall immediately be nUll and void and of no
further force or effect.
This application contains two exhibits described as follows:
Exhibit A- The plan titled "Martin Marietta Berm Project, Existing Conditions Plan" dated October
13, 2000, last revised December 8, 2000, prepared by Timmons, showing the existing facilities
located on the site.
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Exhibit B - The plan titled "Martin Marietta, Zoning Map" dated August 14, 2001, prepared by
Timmons, showing the areas of proposed buffer modifications.
(STAFF/CPC)' 1.
Until such time as the primary crusher is relocated from its current
position in the work area of the quarry as shown on Exhibit A
(current elevation 220 feet- 225 feet above sea level) to a location at
an elevation of not greater than 185 feet above sea level (which
location shall be approximately 45 feet below the existing grade of
the quarry work area), the hours of operation .for the primary crusher
between the dates of June 26 - September 16 shall be limited to
between 5 a.m. to 9 p.m. Monday through Saturday and between 11
a.m. to 7 p.m. on Sundays. Once the primary crusher is relocated as
set forth above, the limitation on hours of operation shall terminate;
provided, however, the limitation with respect to Sunday hours of
operation (as set forth above) shall continue in full force and effect:
[Note: this condition replaces condition 11 of ease 80S044 and
deletes condition 15.I). and E. of-ease 97SN0229.] (P)
(STAFF/CPC) 2.
REQUEST II:
All equipment requiring backup warning devices shall be equipped
with both audio and strobe light warning devices with the exception
of individual customer tracks. The strobetight warning devices shall
be used between the hours 8 p.m. and 6 a.m. during the period of time
that "daylight savings" is in effect. During the remainder of the year,
the strobe light warning devise shall be used between the hours 6 p.m.
and 7 a.m. During the periods of time when the strobe light ii being
utilized, as set forth above, the audiodevices shall be shut offi (P)
Recommend approval of the use ofberms in combination with landscaping in areas A, B and
D of the buffer plan (Plan). Recommend approval of the removal of vegetation within area C
of the Plan with the installation of landscaping. Recommend denial of the elimination of the
buffer in area"C" of the Plan. Recommend that Proffered COndition 3.e. nOt be accepted and
that Condition 2 be imposed. These recommendations are made for the following reasons:
Ao
Areas A, B and D of the Plan are cleared or currently contain a minimal amount of
vegetation. The use ofberms in combination with landscaping in areas A, B and D
will provide an effective buffer without remOving a significant amount of vegetation.
Bo
Area C of the Plan, located adjacent to the limits ofthe Virginia Power right of way,
.currently contains a minimal amount of vegetation. Limited encroachment subject to
landscaping would be appropriate. Elimination of this buffer would not effectively
minimize views of the property from the west nor maximize the potential for higher
quality development on the adjacent western parcel.
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CONDITION
(STAFF) 2.
Area C shall comply with the requirements of Condition 6 of Case 97SN0229
provided, however, that the buffer may be encroached into to accommodate a
driveway to serve the operation and that such encroachment provides
sufficient area to accommodate landscaping to minimize the view of the
operations from the adjacent property to the west. The exact mount and type
of landscaping shall be approved at the time of plan approval for the
driveway construction. This buffer area shall be installed in cOnjunction with
construction of the driveway. (P)
PROFFERED CONDITION
Eliminate Condition 6 of case 97SN0229 as it applies to Areas A, B, C, and D of Exhibit B
and replace as follows:
Ifberms are constructed they shall be provided in the areas shown on Exhibit B and
as further described herein. The berm or berms may be constructed in the buffers as
described below and are to be phased as specified below. The slope of the berms
shall not exceed 3:1 unless approved by the Planning Department and Environmental
Engineering. If the berms are not constmcted, landscaped buffers shall be provided
in the areas shown on Exhibit B and planted in accordance with as the-Zoning
Ordinance and as specified below.
(STAFF/CPC)
(STAFF/CPC)
Construction of the berms (if so desired by the Developer) shall begin
in the area designated "A" on Exhibit B (hereinafter "Area A"). The
berm in Area A shall be completed before work is commenced on
other portions of the berms (as hereinafter described) except that the
berming specified in paragraphs "d" and "f" below may commence
independently of this phasing. When and ifa berm is begun in Area
A, it shall be completed in sections of at least 50 feet in length and
each such segment shall be seeded and landscaped as hereinafter set
forth.
Within the 150-foot buffer noted as Area A, the Developer may
install up to 50-foot high landscaped berms. If installed, this berm
shall be a minimum height of 7-feet. The plantings on the berms
within the 150-foot buffer shall comply with Zoning Ordinance
Sections 19-520(a); 19-521(a), (c), (e), (f), (h); 19-522(a)(4); and 19-
518(g)(5) or, if landscaping only, in accordance with the same Zoning
Ordinance Sections, provided however, that 19-518(g)(4) shall be
applicable in lieu'of 19-518(g)(5). The berming and landscaping, or
the landscaping alone, shall be provided within 60 days of the first
4 01SN0275/WP/SEPT26X.doc
(STAFF/CPC)
(STAFF/CPC)
(CPC)
(STAFF/CPC)
Co
do
eo
final site plan approval for that part of Tax Map Parcel 736-684-4944
noted on Exhibit B as the-"Pond Parcel."
Within the 50-foot buffer noted as area"B" (hereinafter "Area B") the
Developer may install up to 50-foot high landscaped berm. If
installed, this berm shall be a minimum height of 7-feet. The
plantings on the berm within the 50-foot buffer shall comply with
Zoning Ordinance Sections 19-520(a); 19-521 (a), (e), (e), (f), (h); 19-
522(a)(2); and 19-518(g)(5) or, if landscaping only, in accordance
with the same Zoning Ordinance Sections, provided however, that 19,
518(g)(4) shall be applicable in lieu of 19-518(g)(5).. Except as-
provided in paragraph"d" below, the berming and landscaping, orthe
landscaping alone, shall be provided within 60 days of the first fmal
site plan approval for that part of Tax Map Parcel 736-684-4944
noted on Exhibit B as the "Pond Parcel."
In the northernmost section of Area B (aPproximately 200 feet in
length) that is generally parallel to the ninety (90) foot wide new
access roadright-of-way (the "New Access") the existing vegetation
shall remain in place until the New Access is extended to serve other
development (the "New Access Extension") unless this portion of the
buffer has already been completed in accordance with paragraph"e"
above. Within 60 days of the construction of the New Access
Extension either the landscaped berm or the landscaping shall be
installed as required in paragraph "c" above.
In area "C" (hereinafter "Area C") the Developer proposes to
construct access roads, a new office building, scales, scale house, and
parking area (hereinafter "Facilities"). Within Area C the Developer
may eliminate the buffer, as needed, for the construction of any or all
of the Facilities. In Area C a row of evergreen trees with a minimum
of height of five feet and planted at a densitYof at least one for each
· irty lineal feet shall be installed along.the western edge of Area C,
if necessary to minimize the view from other development to the
Facilities and except in the areas where such plantings cannot be
accommodated as determined by the Planning Department at the time
of site plan approval. If the evergreen trees cannot beaceommodated,
other types of plantings or a fence may be provided as needed to
minimize the views as approved by the Planning Department. The
landscaping and/or fencing shall be installed in conjunction with the
construction of any of the Facilities.
'Within the 50-foot buffer noted as area "D". (hereinafter "Area D")
the Developer may install up to a 12-foot high undulating landscaped
berm. If installed,'this berm shall be a minimum height of 7-feet,
The plantings on the berms shall comply with Zoning Ordinance
Sections 19-520(a); 19-521(a), (e), (e), (f), (h); 19-522(a)(2); and 19-
5 01SN0275/WP/SEPT26X.doc
518(g)(5) or, if landscaping only, in accordance with the same Zoning
Ordinance Sections, provided however, that 19-518(g)(4) shall be
applicable in lieu of 19-518(g)(5). This buffer shall be installed
either as part of the construction of any of the Facilities outlined in
paragraph "e" above or when the New Access Extension is
constmcted as described in "d" above, whichever occurs first. '(P)
GENERAL INFORMATION
LOcation:
West line of Warbro Road, north of Hull Street Road. Tax IDS 735-683-Part of 0636, 735-
684-Part of 7967, 736-684-Part of 4944 and 737-683-2003. (Sheets 10 and 16).
Existing Zoning:
I-1 with Conditional Use Planned Development and A with Conditional Use
Size:
119.8 acres
Existing Land Use:
Concrete plant and quarry
Adjacent Zoning and Land Use:
North
South
East
West
A with Condition Use and I-1 with Conditional Use Planned DevelOpment,
Public/semi-public or vacant
I-1 and C-3 with Conditional Use Planned Development, Commercial or vacant
A, A with Conditional use and I-1 with Conditional'Use Planned Development;
Industrial or vacant
I-1 with Conditional Use Planned Development; Vacant
UTILITIES AND ENVIRONMENTAL
The proposed amendments have no impact on these facilities.
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PUBLIC FACILITIES
Fire ServiCe:
Fire protection and emergency medical service is provided by the Swift Creek Fire/Rescue
Station, Company Number 16. This case will not impact fire and emergency medical
service.
Transportation:
In July 1997, the Board of Supervisors approved a zoning request (Case 97SN0229) on
approximately 132 acres which alloWed for the relocation/expansion of quarrying operations
and asphalt manufacturing, with the addition of a concrete products manufacturing use.
Typical traffic generation information is not available for stone, asphalt or concrete
manufacturing facilities. Included in the 1997 zoning request was track traffic information
regarding the combined quarry and asphalt operations that were already developed on the
property. Based on that traffic information, the then existing operations generated
approximately 230 average daily tracks.
In order to address citizen concerns, as part of the 1997 zoning approval, the Board accepted
Proffered Conditions 8 and 15. E. of Case 97SN0229. Proffered Condition 8 of Case
97SN0229 restricts the use of'Genito Road from Hull Street Road (Route 360) to Old
Hundred Road for the transporting of bulk materials to or from properties accessible by this
section of Genito Road. Proffered Condition 15.E. of case 97SN0229 limits the number of
concrete tracks (maximum of fifteen (15) tracks) allowed to operate from the concrete
facility. In the analysis and recommendation, for that zoning request, staff indicated that
these proffered conditions would be difficult for the County to monitor for compliance. The
applicant is requesting that these proffered conditions be deleted. The Transportation
Department does not oppose deletion of these requirements.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Powhite/Route 288 Development Area Land Use and
Transportation Plan which suggests the property is appropriate for light industrial uses.
Area Development Trends:
Area properties are characterized by a mix of agricultural, industrial and commercial zoning
and have been developed for industrial, commercial or public/semi public, uses or remain
vacant. While the Plan suggests the area is appropriate for light industrial uses, with the
exception of the County's Warbro Athletic Complex, the area'is generally characterized by
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moderate and heavy industrial land and commercial land uses. However, recent zonings in
the area have attempted to steer future land uses to more light moderate industrial uses, as is
evidenced by areas developing around the intersections of Route 288 and Warbro Road with
Hull Street Road. As indicated, commercial uses have been developed at the northwest
quadrant of the intersection of Warbro and Hull Street Roads, with light and moderate
industrial uses planned for the areas northward from this intersection.
Zoning History:
On February 14, 1973, the Board of Supervisors, upon a favorable recommendation of the
Commission, approved a Conditional Use to permit a quarry and asphalt plant on
approximately fifty (50) acres of the agriculturally-zoned portion of the request site (Case 72-
117C). This case included restrictions on the hours of operation for the quarry.
On September 22, 1976, the Board of Supervisors, upon a favorable recommendation of the
Commission, approved an amendment to case 72-117C to permit a ready-mix concrete plant
on 2.87 acres of the quarry site. (Case 76S150)
On March 26, 1980, the Board of Supervisors, upon a favorable recommendation of the
Commission, approved an amendment to Case 72-117C to relocate quarrying operations to
the southern portion of the property (Case 80S044). This. case brought forward restrictions
on the hours of operation for the quarry, thereby superseding those established with Case 72-
117C.
On December 11, 1985, the Board of Supervisors, upon a favorable recommendation of the
Commission, approved rezoning from Agricultural (A) to Light Industrial (M-l) with
Conditional Use Planned Development to permit Heavy Industrial (M-2) and General
Industrial (M-3) use exceptions on the industrially-zoned portion of the request property and
adjacent property to the west (Case'858153).
On March 26, 1986, the Board of Supervisors, upon a favorable recommendation of the
Commission, approved amendment to Case 80S044 to permit expansiOn of the quarry stone
processing plant and stone stockpile on 15.7 acres of agriculturally-zoned property located
adjacent to the northwestern property boundary of the quarry site.
On July 23, 1997, the Board of Supervisors, upon a favorable recommendation of the
Commission, approved a Conditional Use to permit asphalt, concrete products and stone
products manufacturing on 9.1 acres; access for industrial uses on 5.6 acres; and to allow
quarrying operations on 15 acres on agriculturally-zoned property, all with the exception of
the 5.6 acres being a part of the request property (Case 97SN0229). Further, this case
included an amendment to COnditional Uses (Cases 80S044 and 86S006) and an amendment
of Conditional Use Planned Development (Case 85S 153) relative to master plan approval,
buffers and blasting to permit expansion of the quarrying and to include asphalt
8 01SN0275/WP/sEPT26X.doc
manufacturing as a permitted use, on 102 acres zoned Agricultural (A) and. Light Industrial
(I-1). This case included restrictions on the hours of operation and the number of concrete
trucks for the. concrete manufacturing (batch) plant as well as the establishment of buffers
along the northern, western and eastern boundaries of the request property.
Hours of Operation, Limitation on Concrete Trucks and Use of Genito Road:
Case 80S044 established hours of operation for the quarry. Specifically, Condition 11 limits
the hours of operation to between 7:30 a.m. and 7:30 p.m., Monday through Saturday, April
1 through October 31 and from 7:00 a.m. to 6:30 p.m., Monday through Saturday, November
1 through March 31. The applicant has requested that these limitations be removed.
Case 97SN0229 established hours of operation for any concrete manufacturing (batch) plant
located within the area zoned (I-1) as well as an adjacent nine (9)acre agriculturally-zoned
parcel..Specifically, Proffered Condition 15. D. limits the hours of operation to between 5:30
a.m. and 7:00 p.m., except for loading concrete tracks and mixing within tracks, which is
limited to between 6:00 a.m. and 7:00 p.m. No Sunday operations are permitted. The
applicant has requested that these limitations be removed.
Case 97SN0229 established a fifteen (15) concrete track limit for any concrete
manufacturing plant located within the area zoned (I-1) as well as an adjacent nine (9) acre
agriculturally-zoned parcel (Proffered Condition 15.'E. of Case 97SN0229). The applicant
has reqUested that this limitation be removed.
Case 97SN0229 prohibited any vehicles under the contract, lease or ownership of the
applicant from transporting stone, concrete, asphalt or any other bulk materials to or from the
property via Genito Road between Warbro Road and Route 360 or via Genito Road between
Warbro Road and Old Hundred Road. This restriction does not apply to the transporting of
such materials when the source.or destination ofthese materials is a site adjacent to Genito
Road ora location served via these portions of Genito Road (Proffered Condition 8 of Case
97SN0229). The applicant proposes to delete this condition:indicating that the road network
in the area has dramatically improved over the years with improvements alOng Genito Road
currently underway.
The conditions limiting hours of operation for the quarry and the concrete plant as well as the
number of concrete trucks were negotiated with area property owners. After consideration of
public input, should the Commission and Board wish. to approve this amendment, the
imposition of Condition 1 would be appropriate.
Buffers:
Proffered Condition 6 of Case 97SN0229 established 150 foot buffers along the northern and
eastern boundaries of the property, including the area along Warbro Road, and fifty (50) foot
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buffers along the eastern boundary of the Virginia Power Easement, the southern boundary
of the loop road and the western boundary of adjacent ~agriculturally-zoned property
(reference attachment). These buffers are required to be landscaped in accordance with the
Zoning Ordinance for 100 and fifty (50) foot buffers, respectively, which permit landscaping
or a combination of berming and landscaping. To date, these required buffers and other
required buffers have not been installed in accordance with the required condition.
The applicant proposes to modify this requirement within four (4) areas of these buffers.
Referencing the applicant's buffer plan, the limited amount of vegetation that exists may be
removed in Areas A, B and D and replaced with landscaped berms with a maximUm height
of fifty (50) feet in Areas A and B, a maximUm height oftwelve (12) feet in Area D, and a
minimUm height of seven (7) feet in all three (3) areas. The buffer required in Area C is
proposed to be eliminated.
The applicant has indicated that the excess dirt from the quarrying operation is intended to be
used to construct the proposed berms. Therefore, it is the intent to phase the installation of
the proposed buffers in conjunction with the phasing of the quarrying operation.
Staff has visited the site and notes that Areas A, B, C and D of the Plan are cleared or
currently contain a minimal amount of vegetation. The use of berms in combination with
landscaping in Areas A, B and D will provide an effective buffer. To maximize the potential
that higher quality industrial development occurs on that adjacent property, measures should
be taken to insure that these areas are completed in a timely fashion as it relates to futUre
adjacent uses. Based upon the maximUm heights proposed, to insure that landscaping
survives once planted, the berms will have a maximUm slope of 3:1. SuCh landscaping and
berming or landscaping within Areas A and B would be installed in conjunction with: the
development of the adjacent property noted as the "Pond Parcel" on attached Exhibit B
(Proffered Conditions 3.a., 3.b., and 3.c.). A portion of Area B, located generally parallel to
the ninety (90) foot wide new access road right of way, ('~lew Access Extension") could be
landscaped earlier should this new road be extended to serve other development (PrOffered
Condition 3.d.). Landscaped berms or landscaping would be installed within Area D with
the "New Access Extension" to serve Other development or upon the construction of facilities
in Area C, whichever occurs first. (proffered Condition 3.f.)
Area C of the Plan, located adjacent to the limits of the Virginia Power right of way,
currently contains a minimal amount of vegetation. The applicant has indicated that the
elimination of this buffer area is necessary to accommodate a future driveway which will
serve a new scale house and office area for the-operations (proffered Condition 3.e.). Staff
supPorts encroachment into this buffer area for the sole :purpose of accommodating the
driveway and subject to installation of landscaping (Condition 2). Staff does not support the
elimination of the buffer proposed in Proffered Condition 3.e., Which would not effectively
minimize views of {he property from the west nor maximize the potential for higher quality
development on the adjacent western parcel.
10 01SN0275/WP/SE~6X.doc
CONCLUSIONS
The conditions limiting hours of operation for the quarry and the concrete plant, the number of
concrete tracks and the use of Genito Road for transporting bulk materials were negotiated with area
property owners. After consideration of public input, should the Commission and Board wish to
approve this amendment, imposition.of Condition 1 and the acceptance of Proffered Conditions 1
and 2 as contained in this report would be appropriate.
Areas A, B, C and D of the Plan are cleared or currently contain a minimal amount of vegetation.
Given these existing conditions, staff supports the use ofberms in combination with landscaping in
areas A, B and D and landscaping in the western portion of area C, subject to the imposition of
Condition 2 and the acceptance of Proffered Conditions 3.a, b, c, d and f.
It should be noted that there are other buffer areas required by previous zoning actions which have
not yet been installed. Upon £mal disposition of this case, the applicant must take measures to install
the required buffers.
CASE HISTORY
Applicant (8/15/01 and 8/16/01):
Proffered conditions were submitted.
restrictions on Genito Road.
The request was amended to seek deletion of traffic
Planning Commission Meeting (8/21/01):
On their own motion, the Commission deferred this case to September 18, 2001, to allow
advertisement of the amended application and further discussions of the proposal with staff,
area residents and the CloVer Hill Commissioner.
Staff (8/22/01):
The applicant was advised in writing that any significant new or revised information Should
be submitted no later than August 24, 2001, for consideration at the Commission's
September 18, 2001, meeting.
11 01SN0275/WP/SEPT26X.doc
Staff (8/24/01):
To date, no new information has been submitted.
Applicant (8/29/01):
A draft of amended proffers and revised plans were received.
Applicant (9/6/01, 9/12/01 .and 9/18/01):
The applicant submitted revised proffers and plans discussed herein.
Planning Commission Meeting (9/18/01):
The applicant accepted the Commission's recommendation. There was no opposition
present.
A letter of support from an area property owner not in attendance was read by the applicant.
In response to a question from Mr. Geeker, Mr. Gulley indicated that the most recent
modifications to the proffered conditions had been shared with this area property owner and
that such modifications were supported by this' individual.
On motion of Mr. Gulley, seconded by Mr. Litton, the Commission recommended approval
of this request and acceptance of the proffered conditions on pages 2 through 6.
AYES: Unanimous
The Boardof Supervisors, on Wednesday, September 26, 2001, beginning at 7:00 p.m., will take
under consideration of this request.
12 01SN0275/WP/SEPT26X.doc
A
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01SN0275
AMEND C.U.'& C.U.P.D
AMEND C.U.
-Sh.# 10 & 16
Z
Exhibit
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APPLICANT'S
BUFFER PLAN
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Exhibit A
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