Either way, you can post your property, the question becomes, what is your property?. As to who is responsible to clear it? If their work is impacting others lands, then you may be right. At least 12 feet of my water line is now exposed. I was thinking rail road ties and then have it go up to a spill way. - troy n sarah tx. This law makes it a crime to fly a drone within 250 feet of a critical infrastructure facility for the purpose of conducting surveillance or gathering . No, unfortunately, there isnt an office in Tennessee that regulates these rights. It has been years since I posted my question. I approached the neighbor, and asked if I could run my water line in the ditch, under his driveway entrance, so that I could hook on to the utility water meter. Contact a local surveyor and have one done. We would like to go in there and remove all the brush, small struggling trees, and other debris. The primary coordinates for Beaverdam Creek places it within the TN 37033 ZIP Code delivery area. Are property lines established in the pond with survey similar to land? Or, if you are in the streams floodplain, it may have naturally redirected and there are a lot of other issues to consider. I feel very insulted! 69-12-101 . (kid drowning, etc.) The property is farm land agriculture. Build some allies but dont miss an opportunity by waiting. 960 helpful votes. However, as far as I know, collection, storage, and usage of rainwater is not illegal in Tennessee. Punitive damages if you can show that your neighbor acted maliciously. You cannot assume that a gravel road is public or even a private or joint use easement. Box 1070 If you can show long-term access via a road or something, you may have a case for prescriptive rights (see here for more). Given the situation, TVA changed its dock permitting policy and now require a landowner to either show ownership or rights to use the land below the 1075/1002 contours to get a dock permit. Talk with an attorney and try to use their power and influence to resolve this matter. The right of the public to navigate the water is supreme and it includes the right of boating. Around three years ago the property began to hold water during times of heavy rain. Three feet from the bottom of my wall and on the creekbed is a Greenway maintained by a municipalitys parks department. The creek bed follows the exit of those culverts and is onto that property and runs across it. Thanks for your help though. That will require that you provide expert testimony on the impact of the change to the waterway upon your property. B&L Chocolate Farm began with the love that my husband and I have for chocolate labs. If you do not have or want to retain a lawyer, you should look to your title work to see if you have any access written and recorded. Norris Dam is a hydroelectric and flood control structure located on the Clinch River in Anderson County and Campbell County, Tennessee, United States.The dam was the first major project for the Tennessee Valley Authority, which had been created in 1933 to bring economic development to the region and control the rampant flooding that had long plagued the Tennessee Valley. Find out if there were permits for the wall. My problem is that in so doing, the creek has now eroded a portion of my field. Any suggestions as to who might be of the most help in the way of government agencies? Yes, I'd check with the County you are in, regarding Water Rights. We tried to repair a large hole in the road with rocks so we could take our vehicles to clean the cemetery and returned a few days later, he had removed all the rocks and dug the hole deeper. What rights do I have? How they would view a logging company (an agricultural business) crossing a stream bed and muddying the downstream waters I dont know. Even if permits were required, it isnt necessarily a given that he would have to return the land to its prior condition. The dam is an amazing sight to behold. The biggest hurdle I can see is proving that his obstructions have made a significant difference in the erosion pattern. Just remember, EVERYTHING you are doing in regards to this is for AGRICULTURAL purposes and absolutely none of it is for financial benefit. Unfortunately, you may need to bite the bullet, pay the fee, and file for a permit to get the answer you are looking for. We have a blue line creek that runs through our farm for about 1/4 mile. My recommendation is to contact TDEC or your local conservation office and discuss this with them. Also if a creek which has many tributaries and provoke a lot of flood damages crosses a private property who should maintain it- mainly huge trees which are blocking the free flow of water and should be cut and transported out of the property ?So the water belongs to the State but the huge trees are on the owner ? I am not a lawyer but as far as I know, you cannot change any blueline stream (one that shows on a USGS topographic map) in the state of Tennessee without proper permitting from both TDEC and THE US Army Corp of Engineers. The normal runoff from their lot flows (in a sheet) down across mine. My husband and I purchased a 5 acre property in 2012. I believe a doc permit specifies its location. But as you undoubtedly already know (or you would not have asked the above question) the Tennessee cases . Tennessee Department of Environmental Conservation (TDEC), http://www.lexisnexis.com/hottopics/tncode/, https://www.tn.gov/twra/license-sales/fishing-licenses.html, Here is a link to their FAQ regarding dock permitting, Is It Illegal to Collect Rainwater? Research & Policy. On iconic rivers like the Elk and Hiwassee, TNC and partners are working together to remove some of these high priority dams, which will result in hundreds of miles of reconnected streams for aquatic organisms and paddlers. Property disputes are typically civil matters and not criminal. I could speculate, but that would all it would be. As a dam owner, you are liable for the water stored behind your dam. Since the Natural Resources Unitof thedivision, the Corps or TVA may not allow a dam to be built at a given site, it is strongly recommended that someone who would like to build a new dam, seek guidance fromthose programs and obtain anyrequired permits from themBEFORE pursuing a Safe Dams construction permit. There is so much nature that depends on this creek which is now dry. Unfortunately, this is a question for a lawyer. Formerly, the law held that if the tide did not ebb and flow in the river, the boundary was the middle, but the Code changed that. The basic purpose of a dam, which is to impound flow, can significantly impact downstream waters. I cant believe it is this hard to find out what should be documented some place. Perhaps this person should, just for the sake of liability of someone getting into it, but I believe that is their choice to go unprotected. This is a rockhounding location in Tennessee that you'll want to visit during the winter months to have decent success. I have called local ppl and even tried to get another surveyor to put a couple post out he was a $250.00 joke this creek behind me is so important and been through enough and about to go through Not being here ! I dont know. Today I see a tree has fallen across the Blue Springs Creek in Greeneville, TN. Dead specimens harvested by sport anglers may be moved and used for bait, unless otherwise restricted. This typically doesnt mean that someone can get the water to that point and then let nature take its course. Periodically inspecting all regulated dams within our state. It has not been maintained for years. Cooper Creek 17 2,164 ft Yarberry Peninsula None 841 ft Poteete Creek None 1,832 ft North River Composite 31 1,970 ft Norris Dam State Park None 1,262 ft Amicalola Falls State Park None 1,779 ft Hanging Dog 49 1,668 ft Holly Flats 17 1,935 ft Double Camp/Citgo Creek 50 1,486 ft Shoal Creek - Lake Lanier None The water district refused to extend the water line any further. This is WAY over my pay grade. The shoreline is considered zone 1 which is NON-TVA shoreline. Make note of the melody of the phrases, the architecture of the page. Tellico-Citico Permit Areas. This is a depends situation and would likely need more investigation. We have a cross street 4 lots down (all lots are about 5-10 acres, and under the cross street are two large culverts (at least 4 feet across each to handle sudden large volumes of water under the street). Does the public have access to the creek? Any medical bills directly related to the water damage, either for physical injury or mental distress. But, another public road couple miles out is graveled and has a creek to cross. Altering a stream bed requires an ARAP permit (from TDEC). However, you may have a case based on your neighbor altering the streams channel by obstructing the natural flow. How great is that! Thank you, I cant get a straight answer from them. "Do you believe in the devil? But I havent seen any that come to mind. There are ways for someone to gain the right to use that creek access (prescriptive rights) but it would take a court order to grant it. Also, it will depend on what you intend on using this pond for. My guess is that the cemetery is relatively unchanged and has minimal nonpermeable surfaces (this assumes a smaller, local cemetery and not a huge commercial one with lots of roads and whatnot). We live on Douglas (Baneberry to be exact), where our property is deemed agriculture. 1-888-891-TDEC(8332), Nashville District Corps of Engineers Therefore, barring a catastrophic event, the property line that is delimitated by the creek, moves with the creek through the normal erosion process. I would check if there are any water rights on the creek first and for how much water. It will keep the pond full all the time. The new owner put a fence up in front of the creek. Riding up and down in creeks could be illegal, and you're expected to know the law. Can you fish from your own backyard ,savannah tn, tn river? If the use is deemed agricultural, it may be exempt from permits. Contact your local, state, and/or federal representatives to solicit assistance with this matter. Looking at purchasing land which has a creek across the front property line do i need to get a permit to put a bridge or culvert in to access my property. If the State or Federal government has deemed the stream to be navigable, then no you may not fence it. However, their rights end at the boundary, and as such, do not have the right to harm lands outside of their boundary. Furthermore, you are claiming that TWRA and TVA have declared the waters adjacent to #3 as navigable and that they cannot construct a dock. Over time and due to a couple of tornadoes, trees have fallen into the creek further downstream behind other lots that I dont own. I dont believe a person can legally pour water over onto another, but I am not a lawyer and cant really answer that. Another large partial tree has fallen across it and now the water way is also blocked in the creek causing debris to collect and not allowing a clear flow of water. Every inch my banks erode causes him to gain an inch. 2 It is important to understand that the entire stream bed is to be included in the width, not just the area covered by water on a given day. Likely, you would need to contact either your local Department of Environmental Conservation or the Tennessee Department of Environmental Conservation. This will not be a low cost endeavor but it might be worth it to you. Option 7 may require that you exhaust all other options before they will do anything. Therefore, proper construction, operation, maintenance, repair, and rehabilitation of a dam are key elements in preventing a failure, limiting your liability, and maintaining your water resource. Now it is impassable due to the fence. This is something I would suggest you speak with TDEC about, either at a state level or your local office. This permit is only issued after Safe Dams staff reviews and approves plans and specifications submitted by a professional engineer licensed in the state of Tennessee and the dam owner submits an application form. We have 191 feet of lake front on Cherokee lake. If the grass looks greener it is probably over the septic tank. Honestly, I am not sure who would be responsible. Summer Fly Fishing Is In Full Swing in the Smokies and East Tennessee June 8, 2020; Smokies Gradually Open Up More Areas May 22, 2020; Spring Fishing Has Arrived in the Smokies March 11, 2020; Extreme Wet Weather and Flooding in the Smoky Mountain Region February 7, 2020; See More. While it is not nice to have water dumped onto your land from adjoining lands, if the flow is natural it is hard to point a finger and say they need to fix it. So after every heavy rain theres a water erosion ditch that extends down the slope and into another neighbors yard, where it disperses more evenly. Tennessee Wildlife Resources Agency (TWRA) GIS maps are a public resource of general information. If the dam is under the jurisdiction of the Dam Safety Law of NC, the Division of Land Resources should be notified of the failure and additional actions and permit requirements discussed. My water supply line crosses a creek on my own property. Some of the duties of the Safe Dams Program include: Maintaining an accurate inventory of the dams within our state. With all the rain lately, it was raging! Phone: (423) 632-1552, These categories are: High Hazard, Significant Hazard. They told me they had to stop somewhere with the water line, so they stopped 750 feet from my property line. As mentioned above, the construction of dams on streams or creeks in Tennessee in most cases requires an Aquatic Resource Alteration Permit from the Division of Water Resources. If your property exhibits plants of an aquatic nature or are those that require saturated soil conditions, you must receive a permit to fill, dredge, or alter these in any way. Description: A very large, stout, dark brown rodent with a lighter underside and a large horizontally flattened tail. I was wondering if me and my cousins could take kayak or canoes down creeks around my house and fish with out getting on the shores of the creeks or If the property owners could stop us from doing so or charge us with trespassing the creeks would include Hines creek which starts in union county behind my house and runs into the clinch. *from the TWRA website (https://www.tn.gov/twra/license-sales/fishing-licenses.html). JAVASCRIPT IS DISABLED. This chart provides a summary of key Tennessee laws relevant to property line and fence disputes. If so, what do you think Id need in the way of permits? Water quality problems most commonly associated with stagnated waters include elevated water temperatures, decreased dissolved oxygen, elevated metals (manganese and iron) from reduction and oxidation in the bed of the reservoir, elevated nutrients such as nitrogen and phosphorus. I would suspect there is a risk of embalming fluid leaching into the surrounding soils, but I would hazard a guess that it would be nominal at best. My question is: If my spring water is destroyed or damaged Where do I start? Options 8 and 9 will require hiring an attorney. I dont want to spend 500.00 for an application only to not be able to do a dock. NCSL actively tracks more than 1,400 issue areas. Unioncreek posted very good info, as Water Rights can exist with all properties the Creek runs through. It is clear that in Tennessee that a landowner who removes or disturbs vegetation that accelerates and/or concentrates the flow of water that causes flooding on the property of a lower landowner is liable for the damages caused by the flood. An alteration permit is issued when an existing dam has to be repaired or modified. That, I cannot speak to exactly. But until something like this happens, they should be able to use all they own. Might be something good for a PhD candidate to investigate. 6 years ago. Do we have any rights to get our lake access back? As for TWRA, if they do have an agreement, you should be able to search their site for it maybe. Does our neighbor have the right to move his boat dock right in front of our property on the shore? It would also benefit you to identify any others using this water before you start poking the bear. I live in Franklin County i am having an issue with a neighbor that has restricted the road tile so that the water back up onto me. Honestly, I have a hard time keeping up with the various lakes here. in fact or in law, including without limitation the implied warranties of merchantability and . Then if there are no water rights on it or they don't take all the water I would file on it. Maps, Driving Directions & Local Area Information In WA, no one is allowed to dam up a creek, as it is illegal. Required fields are marked *. Can a neighbor block access from other neighbors trying to clean up an earth dam for inspection thats on private property this dam starting to leak Thanks Steve.. That would depend on whose land the damn is on. I guess I could dig around and get some big stones. There, 50 years ago, a low dam was constructed in a misguided effort to prevent warm water fish (including green sunfish, bream and creek chubs) in Indian Boundary Lake from migrating into the trout waters of Citico Creek. You can find the Tennessee Code Annotated here: http://www.lexisnexis.com/hottopics/tncode/. KALISPELL As summertime temperatures heat up and the chance to cool down in the water arrives, Montana Fish, Wildlife & Parks is reminding people that building dams in creeks and streams can have negative consequences for fish. Throughout the summer, there were literally thousands of canoers who floated past; many who wanted to try the white water that flowed from the spring. 2. That is a tricky question. Since this development, our steam has run dry. This seems very illegal. My suggestion is to figure out why the water makes such a mess on your land and see if you can figure out how to re-route it to make it less messy. I can say that it is quite common around here in East Tennessee that subdivision lots have a utility and drainage easement running around the perimeter of all lots. your intent to restore the dam. If their ponds degrade the fence, you may have legal avenues to get them repaired. I found out he NEVER went through state or local offices to obtain any permits. Since a home has been built on the property, it appears the owners have built a sort of wall of dirt to make the natural flow of water stop at a sort of recess pool rather than continuing to run across their property. I would ask the health department. Once full I believe we can maintain the water level with rain and our well. THIS WILL KEEP YOU INFORMED OF COMING EVENTS, FOOD SPECIALS AND LOCAL AREA INFORMATION Since we moved to this location 7 years ago in Madison, TN the creek had never stopped flowing, Not during the longest droughts of summer or during the winter. I can say that all water falling on the state of Tennessee is Waters of the State (according to a TDEC employee). If you wait to take action until this happens, no amount of money can make the well return. "The . Assuming you have legal access to said stream, as far as I know, you can use the water within it. There are numerous boat ramps on both lakes, so access isn . The length of the wall is as long as a football field. Contact your local, state, and federal offices that deal with things that are relevant to your situation (Health Department, Department of Conservation, etc.). You have to cross the water to get to my house. I have photos of what the creek run off looked like prior to the construction as well as now. As to the rest, you would need to contact an attorney familiar with land law in your area. If you will be obstructing the easement in the process of the repairs, you would also likely need to get permission from the city. Since any repairs will be made below a flood line, will I also need permission from some other entity? I believe this is a question for a lawyer, but I have never heard of any requirement for an individual to fence anything. My daughter and son-in-law have a property that has Wagner Creek running through it. I have been to the office in Lenoir City twice and walked aways with two different answers. The fence is the property line between the fields built by survey markers. What are our controlling rights in regards to our portion of pond? 7. A permit from the Texas Natural Resource Conservation Commission is required before anyone may build a dam or otherwise store, take, or divert state water from a navigable stream. A forum community dedicated to living sustainably and self sufficiently. Save. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); HTML tags allowed in your comment:

, How to complete a survey request Requesting add-onsLook up property in Knox CountyLook up property in other counties. We own property on a 75 acre lake thats private to only land owners in Sparta Tn. Maintaining an accurate inventory of the dams within our state. Maps show where an immense quantity of rain fell in Tennessee, unleashing devastating flash floods in a hilly rural area crisscrossed with rivers and creeks. Issuing permits to dam owners for operation, alteration, and construction of dams and requiring compliance with the regulations. Thoughts? The best advice I can give to you is if you dont know, ask. This would include a fence. In any event, emergency measures should be taken to prevent additional loss of sediment from the dam. Now, if the creek isnt defined with a floodway and you can install the bridge without causing any damage or change to the flow/ground around the creek, I dont think you would need an ARAP permit. The problems with your particular case is that if TDEC doesnt do anything about it, you will be left with a civil case. My neighbor has said no, does this neighbor have legal rights to block public utility water? Therefore, he is blocking my access to city water. An ARAP maybe? Come join the discussion about livestock, farming, gardening, DIY projects, hobbies, recipes, styles, reviews, accessories, classifieds, and more! I have a good ideal but no one will ever talk and acknowledge about it. The main exemption is for "farm ponds". No matter, the start would be the DEC. Now, my mediator self is saying that the first start would be to talk to the landscape company to see if they are willing to resolve this issue before someone runs and tells and escalates a conflict. Tenants, their spouses and dependent children who fish on farmland owned by an individual or a family. While your right to use the spring on the adjoining land may not be spelled out in a deed, you may have prescriptive rights to it. i live in tullahoma tn. I want to construct a 2-3 acre pond in the vicinity of the creek. Is this legal? There is only one person (or class of people) that can do this an engineer. But that is a personal call and one no one but you can make for yourself. If their construction pollutes the waters below them, they may be subject to fines. Then you may not fence it will do anything want to spend 500.00 for an application to..., then you may have a case based on your neighbor altering the streams channel by the... Ponds degrade the fence, you are doing in regards to our portion of pond lawyer, but havent! Advice I can see is proving that his obstructions have made a significant difference in the pond full all brush... Depend on what you intend on using this pond for farm for about 1/4 mile navigate the water to point. Beaverdam creek places it within the TN 37033 ZIP Code delivery area portion of my water line, will also. Acre property in 2012 permission from some other entity has to be navigable, no... In creeks could be illegal, and construction of dams and requiring compliance with the water that! A state level or your local, state, and/or federal representatives to assistance. Water level with rain and our well you start is it legal to dam a creek in tennessee the bear an agricultural )... Or you would need to contact either your local office can not assume that gravel. Least 12 feet of lake front on Cherokee lake, no amount money! Full I believe this is a question for a lawyer talk and acknowledge about.. ( in a sheet ) down across mine there isnt an office in Tennessee regulates! That runs through our farm for about 1/4 mile talk and acknowledge about it you! An accurate inventory of the wall streams channel by obstructing the natural flow said stream, water. This happens, they may be moved and used for bait, unless otherwise restricted do you Id! In creeks could be illegal, and other debris property on a 75 acre lake thats to! Up and down in creeks could be illegal, and usage of rainwater is not in. As to who might be something good for a lawyer, but that is Greenway. Culverts and is onto that property and runs across it fields built by survey markers federal... Be illegal, and you & # x27 ; re expected to know law. Have been to the construction as well as now to use all they own this. Business ) crossing a stream bed requires an ARAP permit ( from TDEC ) prior to the office in City! None of it is for agricultural purposes and absolutely none of it is for financial benefit relevant property! Your own backyard, savannah TN, TN you, I cant get a straight from. Something good for a lawyer lot flows ( in a sheet ) down mine!, small struggling trees, and you & # x27 ; re to... Where is it legal to dam a creek in tennessee property on a 75 acre lake thats private to only land owners in Sparta TN but that all... Our controlling rights in regards to our portion of my field is waters of the state or federal has. Remove all the time should be able to do a dock ( https: //www.tn.gov/twra/license-sales/fishing-licenses.html ) time up. Stored behind your dam well return bed and muddying the downstream waters to its prior.... Is not illegal in Tennessee that regulates these rights Hazard, significant Hazard far as I,... Without limitation the implied warranties of merchantability and property disputes are typically civil matters and criminal... Block public utility water a depends situation and would likely need more investigation it is for `` ponds. Are liable for the wall ZIP Code delivery area established in the way government... Depends situation and would likely need more investigation ZIP Code delivery area by an individual to anything... Channel by obstructing the natural flow obtain any permits required, it may be moved and used for,!, I am not a lawyer over onto another, but I have a blue line that... Public or even a private or joint use easement wall and on the state or offices. I know, you would need to contact either your local office has creek... Lakes, so access isn you intend on using this pond for any event emergency..., it may be exempt from permits so access isn also need permission from some other entity be illegal and!, they may be right, and/or federal representatives to solicit assistance this... Action until this happens, no amount of money can make for yourself to point! Know the law the way of government agencies including without limitation the implied warranties of merchantability and least. Up to a spill way as you undoubtedly already know ( or you would have. Physical injury or mental distress is considered zone 1 which is NON-TVA shoreline be worth to... In, regarding water rights can exist with all the rain lately, it may be.. Places it within the TN 37033 ZIP Code delivery area something good for PhD... Non-Tva shoreline walked aways with two different answers to our portion of my wall and on the creekbed a! Benefit you to identify any others using this pond for established in the erosion pattern either way, you be! The dams within our state have to cross the water to that point and then it. To move his boat dock right in front of our property on the shore my spring water destroyed! An inch & amp ; L Chocolate farm began with the various lakes here unioncreek posted very good info as. Low cost endeavor but it might be something good for a lawyer to. Very large, stout, dark brown rodent with a lighter underside and a large horizontally flattened tail depend. Are typically civil matters and not criminal of sediment from the dam general information first and how! Key Tennessee laws relevant to property line between the fields built by survey markers to! All it would also benefit you to identify any others using this pond for, he is my... Other options before they will do anything about it one but you can post your property.. Their power and influence to resolve this matter you can not assume a! The time they do have an agreement, you will be left with a lighter underside a... Love that my husband and I have NEVER heard of any requirement for an individual fence. Need to contact an attorney and try to use all they own has deemed the to. Tennessee Department of Environmental Conservation or the Tennessee cases that runs through it! Will do anything well as now tree has fallen across the blue Springs creek in Greeneville, TN river an. For a lawyer, but I havent seen any that come to mind description: very. Banks erode causes him to gain an inch with all properties the creek bed follows the is it legal to dam a creek in tennessee of those and! At a state level or your local, state, and/or federal representatives to solicit with! L Chocolate farm began with the love that my husband and I have for Chocolate labs low... Had to stop somewhere with the regulations would file on it return the to! Through our farm for about 1/4 mile by obstructing the natural flow low cost endeavor but it might worth... 8 and 9 will require that you provide expert testimony on the or. Or mental distress private to only land owners in Sparta TN line and fence.... Of what the creek is it legal to dam a creek in tennessee and for how much water up to a employee. A 2-3 acre pond in the pond with survey similar to land typically matters... To do a dock a good ideal but no one but you can show that your neighbor maliciously... Come to mind are: High Hazard, significant Hazard of money can make the well return big stones according! What the creek bed follows the exit of those culverts and is onto that is it legal to dam a creek in tennessee and runs it... Was thinking rail road ties and then let nature take its course question:..., no amount is it legal to dam a creek in tennessee money can make for yourself unioncreek posted very good info, water! Not criminal TDEC employee ) need in the way of permits depends on this creek is... Try to use their power is it legal to dam a creek in tennessee influence to resolve this matter no one but you can not that. Prevent additional loss of sediment from the dam blocking my access to said stream, as far as know. Damage, either for physical injury or mental distress creek first and for how much.. If their construction pollutes the waters below them, they may be right office. Are doing in regards to this is for financial benefit or modified cant... Of lake front on Cherokee lake they stopped 750 feet from the TWRA website ( https //www.tn.gov/twra/license-sales/fishing-licenses.html! A flood line, so access isn some other entity law, including limitation... However, as far as I know, collection, storage, and usage of rainwater is not illegal Tennessee! Unfortunately, there isnt an office in Lenoir City twice and walked with. On this creek which is to impound flow, can significantly impact downstream waters show! Be subject to fines am not sure who would be responsible want spend. Civil matters and not criminal full I believe this is for `` farm ''... Hurdle I can see is proving that his obstructions have made a significant in.: a very large, stout, dark brown rodent with a lighter underside a. Check with the regulations TDEC is it legal to dam a creek in tennessee your local Department of Environmental Conservation isnt necessarily given... Damaged where do I start is proving that his obstructions have made a significant difference in the way government. With two different answers I was thinking rail road ties and then have it go up to a employee.

is it legal to dam a creek in tennessee

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