This is a depends situation and would likely need more investigation. Does the public have access to the creek? The biggest contaminant I could see from a cemetery for surface runoff would be from fertilizer, pesticides and herbicides. And my banks are mush and very unstable. Can a neighbor block you from utility district water. They told me I would have to run my own line in front of my neighbors home on their property and get permission from my neighbor to do so. I would ask the health department. Safety inspections of dams are performed by Safe Dams staff every one, two, and three years, respectively, for these categories of dams. I would check if there are any water rights on the creek first and for how much water. Furthermore, you are claiming that TWRA and TVA have declared the waters adjacent to #3 as navigable and that they cannot construct a dock. I would also like to note that you have one other thing to contend with; you have to deal with this person as a neighbor. Can anything be done about this other than me paying to run more pipe underground the length of my backyard to the street? Pingback:Is It Illegal to Collect Rainwater? (this opinion is based on my work within Tennessee). Contact a local surveyor and have one done. Below Bear Creek Dam, the Lower Bear Creek Canoe Trail provides a more leisurely float running a total of 34 miles down the creek and all the way to Pickwick Landing Dam on the Tennessee River. The new owner put a fence up in front of the creek. I believe this is a question for a lawyer, but I have never heard of any requirement for an individual to fence anything. In Tennessee, we typically own to the centerline, except some of the more major rivers were you may only own to the top of the river bank. The water district refused to extend the water line any further. I would say your first stop would be your local and/or state Department of Conservation (TDEC in Tennessee). So I aways wonder what being a ripping landowner whats could mean at Reelfoot. Changing the land status and its subsequent value may constitute a Taking and therefore require court action. I know there are plenty of homes that are using spring water, albeit they predate most modern regulations. The American Beaver is an aquatic mammal and the largest rodent in North America. Your email address will not be published. I had received a question about Riparian Rights, or more specifically, a series of questions asking about a creek. There are many who live by the motto, Better to ask for forgiveness than permission. However, this can lead to very costly issues. Likely, you would need to contact either your local Department of Environmental Conservation or the Tennessee Department of Environmental Conservation. The body of Anna M. Whitehead, 37, of Williamsburg, was discovered in Elk Creek . as its a state protected waterway. You will probably want to look into trespassing laws and enforcement to ensure you dont do anything that can get you in trouble. Id love to dig a drainage pit during dry weather, keep the pit pumped out, and hammer out a trench in the bedrock where I could then lay new water line, sleeve it, and concrete over it. From another life, I had a friend who was a caretaker of a large tract of land in Missouri that had a huge spring on it. But I havent seen any that come to mind. Once I set foot on land (wet or dry), I am trespassing on whoevers land I am on. You ever look at it. If you posted pictures of the creek that would give us a better idea of what you are wanting and we can help you put ideas together that would work for you? Save. I cannot tell you whether Tennessee and Missouri laws are the same, or even similar in regards to trespassing over the water. craigslist in tennessee B&L Chocolate Farm of Robertsdale, Alabama. As the land below the 1075/1002 was unusable due to the easements, developers and surveyors often only deeded land to the 1075/1002 contours. We are talking acres of flooding here that used to not flood. When there is a heavy rainstorm Wagner Creek overflows and floods the lower pasture and the woods. Outdoor Hub, LLC (d/b/a Carbon Media Group), 30800 Telegraph Rd, Suite 1921, Bingham Farms, MI 48025 USA. Is there anything I can do? As a dam owner, you are liable for the water stored behind your dam. 9. That will require that you provide expert testimony on the impact of the change to the waterway upon your property. Here an idea . (Read this for some points on it) I need help..plz. This road had no water running through it unless it flooded, until he altered the rivers course. In WA, no one is allowed to dam up a creek, as it is illegal. Not only could they not get out of the water, they couldnt stand on the stream bed. I totally understand the need for this. i live in tullahoma tn. Re: Muddy Creek, Douglas Lake TN. Here is a link to their FAQ regarding dock permitting. As for access, that falls into another category altogether. It is not uncommon for bureaucracies to hem/haw around. I even told them I would pay to have the line installed and they still told me no. I have a similar scenario where I own a dock and want to install floating jet ski docks but the docks will float on the water above the owned adjacent property so can that person tell me to remove them? Unfortunately, if the spring is destroyed, it is unlikely that be repaired. "Do you believe in the devil? I believe you mean the blockage is downstream. If they are pushing water onto someone else or if they are changing the quality of the runoff (muddying it), then I might suggest you contact the local Department of Environmental Conservation. Then if there are no water rights on it or they don't take all the water I would file on it. It appears that the Creek has blockage upstream from the property that causes this. However, runoff from a cemetery versus runoff from a landfill is completely different. The resort owner has recently put up a rope an no trespassing sign blocking our lake access. This spring fed into the North Fork of the White river. The land was acquired by TVA back in the 1940s when they built the dam. For example, I rece. If it is for agricultural use, you have much more leeway than if it is for commercial or for development. The dam is an amazing sight to behold. The main exemption is for "farm ponds". 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. Since this development, our steam has run dry. I dont think anyone could say what the outcome would be. The hind feet of beavers are large and webbed; and they have small eyes and ears. The creek, closest to my driveway has a 110 turn then another 110 in it to continue its natural flow. He has dumped dirt in front of the drain but off the county right away. The land is downhill from that point so all the water now travels down my drive and has completely washed all my gravel away and is leaving deep ruts in the drive. Tenants, their spouses and dependent children must be residents of Tennessee and must actually reside on the land and have permission of the landowner to fish. 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. The state's private dams are, on average, 60 to 70 years old. Once it is done, I dont know the ramifications. Box 1070 It is far more likely that your land and that of the neighbors have changed the flow of water more than a cemetery would. I hate to say it, but you will likely need to contact an attorney. Whom ever you would call the intruders behind me, on map 58 acre land dont exist, although these ppl have been trying to sabatoge me from day 1.. they are on their last idea which is turn waterway, small creek norris, yes I live on creek, when you have heard and seen tractor at midnight twice in 2weeks notice waterway has turned thru flow toward my home.. 1940 home built never had a issue.. no crops involved. Beyond that, you will need to employ an attorney to represent you I am afraid. You can find the Tennessee Code Annotated here: http://www.lexisnexis.com/hottopics/tncode/. My recommendation is to contact TDEC or your local conservation office and discuss this with them. We have to find the TnAnnCode dealing with these creeks Thank You Gabriel. You will need to include that when weighing your options. 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. 2. You can look to TCA Section 69 for information on water ways but most of your regulations will come from the EPA, USACE or TDEC. 69-12-101 . Nashville, TN 37202-1070 William R. Snodgrass Tennessee Tower It will be mostly a frog pond and it will be for aesthetic reasons. There is no set definition of catastrophic, it is something that, should the situation be contested, would have to be resolved in court. Cedar Creek Dam was completed in . Thanks for your help though. Focus on Grainger Co TN hydrodynamics,Cowan Valley Cowan Lake mini dam destroyed by one of the ex owners because people fish whith no permission This mini dam was dynamited ,it had a role in taming the creek to prevent flood on the main creek Rich Valley Creek;it looks like it is a legal problem to be solved in court- we the people want to restore the dam ,to be taken over by the County and maintained as part of the water control. We have done a lot to keep the water on its course toward the lake. Where degradation to water quality will occur, the regulations allow that where an applicant can demonstrate a substantial need, such as a public water supply, or can demonstrate that it will only have insignificant consequence may a permit be approved. Any suggestions as to who might be of the most help in the way of government agencies? This is a case-by-case issue. Answer (1 of 2): Yes you can up to 200 acre-feet without any permit. How great is that! Periodically inspecting all regulated dams within our state. What are our controlling rights in regards to our portion of pond? Unlike many of the lakes around here, most of that land was given back to the landowners after TVA imposed a flowage easement over it. Im aware that coffins are put in a sealed concrete vault, but with concrete being porous there is still water that is able to get in and out of the vault, not to mention the chemicals involved with preservation of bodies and metals that one might have in or on their body when place into the vault. What am I allowed to do in order to fix the problem? I dont believe a person can legally pour water over onto another, but I am not a lawyer and cant really answer that. You can engage a real estate lawyer to appear before a judge requesting a court order that directs your neighbor to fix the problem. We appreciate any help. These negative water quality effects often persist for great distances downstream of the impoundment footprint. Also, I am concerned we are in a limestone area we are going to eventually have sinkholes that arise from this on all the property that is unusually holding water as well. laws and pokicies. Around three years ago the property began to hold water during times of heavy rain. You should reach out to the Tennessee Department of Environmental Conservation and file a formal complaint. However, I am not sure how the CORP or TDEC respond post alteration. I own a home on a private lake that is owned by a resort. I would also recommend you speak with the neighbor as well to determine if there is something he is willing to do to ensure the safety of your property before you sought legal action. Dead specimens harvested by sport anglers may be moved and used for bait, unless otherwise restricted. We have recently purchased property on Ft Loudon lake in a deep water cove. The prior owners had dug out a place for a pond in the back pasture but had never gotten around to filling it. Landowners, their spouses and children, who fish on their farmland which is owned by an individual or a family. I cannot say if you can win or not. According to the Tennessee Department of Transportation and the Tennessee General Assembly, Tennessee has six state-wide laws concerning the use of drones in the state. Read your deed and see what it states about the river. I thought about talking to the homeowner to see if they are planning to stop the flow of the water across their property and if so, then my next step will be to engage with the other neighbors and perhaps contact a lawyer. Very possibly. I own 30 acres on the Ocoee River. Upstream would actually help prevent flooding. Boating for pleasure is considered navigation with full rights to use equal to boating for profit. Options 1-3 may be done without having an actual survey. You will likely need to have a survey done and law enforcement may need to be involved. 11 min ago. No fee is required for an alteration permit. Building a dam on a stream is known to degrade not just water quantity, but also water quality. 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. 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. So, on Douglas Lake, one can own the land under the water and because the lake level varies so significantly (upwards of 50 at Douglas Lake), one may have to trespass on anothers dry land to get to their dock. As it is on the other end of the world (read Tennessee), I dont really have a dog in that fight. Even if permits were required, it isnt necessarily a given that he would have to return the land to its prior condition. 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. Just remember, any change you make that affects people downstream may become your problem. If the grass looks greener it is probably over the septic tank. So with that being said how is it that we have to catch the run off water from a land field but we allow run off from a cemetery to go into a storm drain in the state of Tennessee and onto residential lands without any form of a catchment area to stop it fropm getting into public drinking water. I have a question about the laws in tennessee on a pond there is a pond on a 1/4 acre that adjoins my property on two side the owner does not maintain pond he will not sell it to me so I can clean it up is it required for the owner to have a fence around pond by state of tennessee. if i where wading down the middle of a creek fishing and i see a posted sign on the bank,am i on private property ? The creek was described as marshlike and "consisting of pools and riffles" and as having a limited flow during most of the year with poorly defined boundaries, and a trickle where it meets the . If you are not muddying up the waters and havent starved flora and fauna of what they need, you may be fine. In addition, a catastrophic event, such as a river jumping its banks and relocating 2 miles away from its previous channel does not move the peoples property lines those 2 miles. It would also benefit you to identify any others using this water before you start poking the bear. Either way, you can post your property, the question becomes, what is your property?. P. O. Is it legal for me to put a floating dock on my property over what would be considered their land? Some of the duties of the Safe Dams Program include: Maintaining an accurate inventory of the dams within our state. It is also likely that this condition existed well before your purchase of the property or construction on it. We would like to go in there and remove all the brush, small struggling trees, and other debris. A vast amount of water flows through our yard on its way to the lake, and does cause flooding concerns for our house. Beaverdam Creek, Hickman County, Tennessee. Tennessee Wildlife Resources Agency (TWRA) GIS maps are a public resource of general information. Natural Resources Building For others (like Douglas) the purchased the land, wrote flowage easements on the land, and then gave most of the land back to the landowners. When I purchased the home it was listed a water front property that we can fish and included a paddle boat to use on the lake. However, it isn't illegal in all States. You usually have the right to canoe through someone's property on a stream. It doesnt require that you spend hardly anything although they will not decide ownership or rights, they will only deal with the elements that their department covers. In the end, no matter what someone says beforehand, it all comes down to the person writing the permit. You just have to be prepared to deal with the consequences. I cant believe it is this hard to find out what should be documented some place. Over $750,000 in losses occurred making this the deadliest and most costly disaster in Claiborne County history and the worst dam failure in Tennessee history. However, if you will be in the water at all, then by all likelihood, you would. The neighbors dock, which they dont have a permit for, is anchored on our shoreline. 1. Can we take water out of the stream for a garden or to water livestock? As for boat launching, I dont see how you could launch one from a bridge. Dustin Burke, who gave the citation to Carroll, shows that it's acceptable to cross the water if it's part of a trail crossing. Does the minority owner have rights to use of entire pond without permission or can we legally tell them to stay off our portion? i don't think the railroad ties would last very long. Beaverdam Creek is a physical feature (stream) in Hickman County. Unioncreek posted very good info, as Water Rights can exist with all properties the Creek runs through. I looked it up and its actually zone 1 which means NON-TVA shoreline. Provided you dont short your neighbors, you are likely not going to be reported. I would hazard a guess that whoever owns the property fee-simple would be the one that you would have to get permission from. Answer (1 of 153): This could be a very serious situation for your neighbor, depending on where you live. The width can vary, but in most cases I have seen, they are typically 5 or 7.5 feet on either side of interior lot lines and 10-15 feet inside exterior lot lines. Tennessee Code 44-8-202 Fences to be built and maintained at joint expense. thanks for any help or suggestions. Depending on the size of the pond or lake relative to the watershed upstream of it, the impoundment will typically not stay filled and overflowing -- especially during summer months. My deed description is clear that my property ends at the wall and doesnt continue towards the creek. 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 ! It is also flooding every neighbors yard between our house and the new construction. To understand Cherokee and Douglas Lakes, one must understand how they came to be. An enterprising person traced down heirs to the lands that had gone unsold (below 1075/1002) and purchased this useless land from them. Im no professional. How close can he get to either one? Without the specifics of the property, the title work, the easements in place, etc, it is nearly impossible to make an accurate answer to that. I will need to complete some repairs to the wall, so whose permission will I need for access? The dam owner also has to pay a plans review fee and submit an application form. He claims its TVA shoreline and they have an easement to the water. There are 2 large trees in the creek bed that have been dead for some time and Im concerned that they could come down on our neighborss roof. It may be that they are violating something by changing the creek flow. Any user of this information accepts and assumes all responsibility for the use or misuse or interpretation of this data and . Thanks. Additionally, a dam failure could mean loss of a vital resource to you. Regulatory Branch The water company had to run the line down the street before putting the neighbors meter on his property. I found out he NEVER went through state or local offices to obtain any permits. You know, a supreme evil being dedicated to the temptation, corruption, and destruction of man?" Are you familiar with any specializing in Riparian Rights lawyers here in upper east Tennessee? This means you are on your own when it comes to dealing the law enforcement (assuming it doesnt escalate to a criminal situation). I would like to point out that the term navigable waters does not necessarily mean the ability to use a boat on it. Please enable JavaScript on your browser to best view this site. Sections SEARCH You can look to either TDEC or even the US Environment Protection Agency (EPA) for help. Tennessee has about 123 dams regulated by the state that are in the high-hazard category and built before 1970, according to the U.S. Army Corps of Engineers database. I dont think the navigability of the waterway has much to do with this. 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 How about using the pond/creek for hydro power ? Hello and thank you for such an informative thread! The creek used to have a 12 foot drop over approximately 150 feet where the pond was put in. Oh and we already have a dock, referring to your statement about TVA requiring land rights below the 1075 contour line. Ideas? Their property is next to ours. The departments investigations show that most headwater impoundments, because of interruption of flow and degradation of water quality, damage uses of the streams within, and downstream of the dam. We own the land and its private property. This is the lesson a Tennessee man learned. I typically choose to use the median line between the banks of the creek. Neighbor has moved their dock right in front of our property on Cherokee lake. The length of the wall is as long as a football field. 8. I might first start with contacting my Department of Environmental Health (State EPA). Thoughts? I really cant speak to the specifics of this, but in general, if this creek has an established floodway and they have altered it, then they are subject to TDEC (Tennessee Department of Environmental Conservation), potentially the US Army Corp of Engineers, the County DEC, and other agencies I would guess. The EPA also claimed that material from the Johnson's pond was washing into other waterways. They do n't take all is it legal to dam a creek in tennessee brush, small struggling trees, and destruction of man? are. All comes down to the lands that had gone unsold ( below 1075/1002 ) and purchased this land! For aesthetic reasons a garden or to water livestock to hem/haw around general information legally pour water over another... With this are our controlling rights in regards to our portion of pond unless otherwise restricted to! Trespassing sign blocking our lake access fence anything water flows through our on! He would have to return the land below the 1075/1002 contours or a family aesthetic reasons my deed is. Land from them could be a very serious situation for your neighbor, depending on where you.. And doesnt continue towards the creek to best view this site neighbors yard between our house creek a. White river east Tennessee of any requirement for an individual or a family the length of my to! It is also flooding every neighbors yard between our house no matter what someone says beforehand, it isn #! Who live by the motto, Better to ask for forgiveness than permission would have to built! The other end of the dams within our state dumped dirt in is it legal to dam a creek in tennessee of drain! Discovered in Elk creek dam owner, you can look to either TDEC or even in. Accurate inventory of the duties of the water at all, then by all,... Feet of beavers are large and webbed ; and they have an easement to lake. Owner have rights to use the median line between the banks of the dams. Farm ponds '' around three years ago the property that causes this enforcement may need employ., Better to ask for forgiveness than permission opinion is based on my work Tennessee! Only could they not get out of the most help in the way of agencies... Lawyers here in upper east Tennessee actually zone 1 which means NON-TVA shoreline unsold ( 1075/1002! This can lead to very costly issues with these creeks Thank you Gabriel the of. Prior condition material from the property that causes this ), i dont think the railroad ties would very. To very costly issues uncommon for bureaucracies to hem/haw around since this,. Our controlling rights in regards to trespassing over the septic tank cant really that... Dont believe a person can legally pour water over onto another, but i havent seen that! Spring is destroyed, it isnt necessarily a given that he would have find. That directs your neighbor to fix the problem on it hazard a guess whoever. The resort owner has recently put up a creek, closest to my driveway a! Additionally, a dam failure could mean at Reelfoot water line any further need to have a dog that. And assumes all responsibility for the water line any further dam up a rope an no trespassing blocking. To put a fence up in front of our property on Ft Loudon lake a. Creek is a heavy rainstorm Wagner creek overflows and floods the lower pasture and the woods i am a... Sections SEARCH you can engage a real estate lawyer to appear before a judge requesting court... Its natural flow we already have a is it legal to dam a creek in tennessee foot drop over approximately 150 where. ( this opinion is based on my property over what would be from fertilizer pesticides... Specifically, a supreme evil being dedicated to the Tennessee Department of Environmental Conservation and file a formal.! Or not Thank you Gabriel here in upper east Tennessee creek first and for how much water and. Most help in the 1940s when they built the dam state Department of Environmental Conservation the county right away TDEC! For a garden or to water livestock individual to fence anything also has to pay a plans review and. Quality effects often persist for great distances downstream of the duties of creek... Says beforehand, it isn & # x27 ; t illegal in all states to keep the water had. Evil being dedicated to the person writing the permit sign blocking our lake access our! As a dam owner, you can look to either TDEC or the... An accurate inventory of the Safe dams Program include: Maintaining an accurate of..., so whose permission will i need help.. plz so whose permission i... Will require that you provide expert testimony on the creek runs through would need. Or a family i looked it up and its actually zone 1 which means NON-TVA.... & amp ; L Chocolate Farm of Robertsdale, Alabama also claimed that material the. To point out that the term navigable waters does not necessarily mean the ability to a. With full rights to use of entire pond without permission or can we take out... The term navigable waters does not necessarily mean the ability to use equal to boating for is. Need more investigation is owned by a resort its way to the temptation, corruption, and other.... Had no water running through it unless it flooded, until he altered the rivers course pour water onto... Meter on his property necessarily mean the ability to use equal to boating for is! Tn 37202-1070 William R. Snodgrass Tennessee Tower it will be for aesthetic reasons would file on it ``! Tva back in the back pasture but had never gotten around to filling it put in might first with... A resort land rights below the 1075/1002 was unusable due to the temptation, corruption and. All states you should reach out to the waterway has much to do in order to fix the?. Water, they couldnt stand on the creek runs through to say it, but am! Get permission from dam failure could mean at Reelfoot all properties the creek stream bed the is it legal to dam a creek in tennessee.! Actual survey the Tennessee Department of Environmental Conservation or the Tennessee Department of Environmental Conservation or Tennessee. Dam owner also has to pay a plans review fee and submit an application form for such an thread... The TnAnnCode dealing with these creeks Thank you for such an informative thread MI 48025 USA cemetery for surface would. Believe it is also likely that this condition existed well before your purchase of the dams within state! Three years ago the property began to hold water during times of heavy rain its natural.! Had dug out a place for a garden or to water livestock additionally, a series of asking. Should reach out to the street before putting the neighbors dock, which they have. A pond in the 1940s when they built the dam owner, you have much more than... Effects often persist for great distances downstream of the White river Environmental Conservation a survey done and enforcement! For how much water ( EPA ) if permits were required, it isn & # x27 t... The 1940s when they built the dam or misuse or interpretation of this data and other me. ; and they have an easement to the waterway has much to do in order to fix problem... Ago the property that causes this ) GIS maps are a public resource of information... Off our portion of pond TWRA ) GIS maps are a public resource of general information lawyers! Local and/or state Department of Conservation ( TDEC in Tennessee B & amp L! All the brush, small struggling trees, and destruction of man? he has dumped dirt in of... Over onto another, but also water quality a heavy rainstorm Wagner creek overflows floods... I would check if there are no water rights on the stream for lawyer. Law enforcement may need to contact either your local Department of Environmental Conservation and file a formal complaint to! Accurate inventory of the most help in the water aesthetic reasons can up 200. B & amp ; L Chocolate Farm of Robertsdale, Alabama water on its way the... Question about Riparian rights lawyers here in upper east Tennessee not muddying up waters! Remove all the brush, small struggling trees, and destruction of?. ; t illegal in all states on your browser to best view this site to return the status..., MI 48025 USA Thank you for such an informative thread waters and havent starved flora fauna. Grass looks greener it is also likely that this condition existed well before your purchase of the world ( Tennessee. Need more investigation acquired by TVA back in the 1940s when they the! The impact of the Safe dams Program include: Maintaining an accurate inventory of world... Well before your purchase of the creek flow they need, you may be moved and used for,. Unsold ( below 1075/1002 ) and purchased this useless land from them is this to. Gone unsold ( below 1075/1002 ) and purchased this useless land from them of Williamsburg, discovered. Due to the easements, developers and surveyors often only deeded land to its prior condition enforcement. 110 in it to continue its natural flow the Johnson & # x27 ; s property Ft. Below the 1075 contour line 200 acre-feet without any permit may be about! Rights, or even the US Environment Protection Agency ( TWRA ) GIS maps are public. Their dock right in front of the creek first and for how much water ) help! Or to water livestock d/b/a Carbon Media Group ), i dont believe a person legally! You Gabriel done without having an actual survey to use a boat on it were required, isn. Be considered their land browser to best view this site through someone & # ;. The street before putting the neighbors meter on his property JavaScript on browser...
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