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Kibler frantically called neighbors Bernie Milligan, a 54-year-old private investigator, and Hank Williams, a 48-year-old chemical engineer, who sprinted over wearing sandals, shorts and tank tops then climbed onto the rebar inside the pit for a closer look. They observed a large oil sheen on the soil, and later complained their eyes and skin burned throughout the night even after washing -- symptoms consistent with exposure to raw crude oil. "It was like applying deep heat or Ben Gay," Milligan recalls.

As members of the neighborhood security committee, Milligan and Anderson used to talk surveillance cameras and speed bumps. Now they swapped details on the area's environmental past after long afternoons spent poring through dusty file boxes at the RRC's district office in the Heights.

By overlaying historical aerial maps from the 1950s, they discovered that nearly one-quarter of Woodwind Lakes -- or 150 homes -- was built atop a vast oil and gas field.

Fairbanks Oil Field, active from 1938 through the early 1970s, comprised 3,000 acres and several hundred wells that produced 42 million barrels of oil, state records show. Warren Petroleum Company, a division of Gulf Oil Corporation later acquired by ChevronTexaco, Inc., ran the Fairbanks Gas Processing Plant and the Ayers Compressor Station from the mid-1940s to 1966 on a total of 18 acres now within Woodwind Lakes.

Delroc Refineries, Inc., active from 1955–1957, comprised five acres and more than a dozen large bulk tanks that stored gasoline, natural gas, cracking stock and residual waste materials. Delroc operated a topping refinery, splitting crude oil for chemical manufacture and producing industrial fuels. The U.S. Environmental Protection Agency lists three dozen hazardous substances associated with this type of refinery, including arsenic, benzene, cyanide, mercury, PCBs, styrene, trichloroethylene, vinyl chloride and xylenes. Today 32 homes sit on the Delroc site.

Converting fields used for oil and gas exploration into residential areas is not uncommon in Houston and throughout the southeastern United States. But federal and state regulatory agency officials say the five-acre former Delroc site within Woodwind Lakes represents the only known residential development in Texas, and possibly the entire country, built on an old oil refinery. At any refinery site, oil is processed in such a way that hazardous chemicals are created as by-products.

"Typically when areas are used for industrial activities, they continue that way," says Jon Rinehart, a federal EPA site assistance manager for Texas and Louisiana. "You don't put housing developments on top of them."

In December 2003, nearly two dozen Woodwind Lakes homeowners sued oil and gas giants ChevronTexaco and Amerada Hess corporations; Chicago Title Insurance Company, the nation's largest title company; homebuilder Trendmaker Homes, a subsidiary of Washington-based Weyerhaeuser Real Estate Company; and Houston-based developer Lakeland Development Company. The case was severed into two separate lawsuits the following year.

The residents allege the developer, homebuilders and title company committed fraud, in violation of the state's Deceptive Trade Practices-Consumer Protection Act. They face an uphill battle getting their case before a jury since Texas tort reform law favors settling disputes between homebuilders and homebuyers in binding arbitration, which is notoriously pro-industry.

The homeowners argue that the arbitration clause in the purchase agreements they signed related only to construction defects, not environmental claims. But in January 2007, the 13th Court of Appeals in Houston ruled against them. Their attorneys requested a rehearing before the entire nine-member appeals court. If that fails, they will appeal to the Texas Supreme Court.

They already lost their suit against ChevronTexaco and Amerada Hess earlier this year. The Texas Supreme Court announced on February 2 it would not review the case. The residents claimed the oil and gas companies knowingly buried waste contamination in unlined pits on the property. Attorneys for the defendants successfully argued that the homeowners had "no standing" since the damage was done to the land before they bought it.

In the end, the 19 homeowners may have no legal recourse.

"Folks buying homes should be given the option of whether they want to become laboratory rats," says 37-year-old environmental trial lawyer Andrew Sher, who represents the plaintiffs. "The most significant investment of their lives is potentially worth nothing."

This month, the TCEQ plans to submit its assessment of the old Delroc refinery site to the EPA, which will determine whether it qualifies for the federal or state Superfund program. A final report will likely be issued this summer.

The five-acre site represents the most potentially lethal area in Woodwind Lakes. Benzene and ethylbenzene were found in shallow groundwater samples at elevated levels that could vaporize and migrate into the overlying houses, according to a February 2007 report released by the U.S. Department of Health and Human Services.

Bureaucratic incompetence held up the Superfund evaluation for an astounding two years as the RRC and the TCEQ squabbled over which state agency had jurisdiction.

The RRC, which regulates crude oil production, has supervised most of the environmental investigations at Woodwind Lakes. The TCEQ, which regulates the oil refining process, is responsible only for the Delroc site.

The RRC never bothered to inform the TCEQ that the area was no longer used for heavy industry. "We did not know it was a residential community," Musick says, explaining the TCEQ's sluggish response.

If the site qualifies for the Superfund program, federal and state dollars may be used to conduct a comprehensive environmental investigation and cleanup. But it would also wreak havoc on the rest of Woodwind Lakes.

Bombarded by anxiety-ridden e-mails, letters and phone calls, Musick is well-aware of the enmity that exists among residents. Still, he was shocked that only 16 of the 32 homeowners granted him access to their properties for testing. "That freaks me out," Musick says, "that people would not want to know."

Dozens of tests have already been conducted in Woodwind Lakes during the last several years. The RRC arm-twisted ChevronTexaco and Amerada Hess into sampling soil and groundwater on selected properties. Some homeowners have paid tens of thousands of dollars to local independent consulting firm Trinity Environmental in an attempt to find out whether their homes are safe. (See "Danger: Baby on Board").

There is no question that elevated levels of hazardous contaminants exist in the soil and groundwater from past oil and gas activities, though it remains unknown whether residents are being exposed to them.

In sum, all the testing has resolved nothing. Instead, it has produced reams of conflicting scientific data -- and varying interpretations of the same data -- that have only bred mistrust and sharply divided the community.

Write Your Comment show comments (26)
  1. I am a member of this community and feel that you have made the good people of this neighborhood look bad and the bad people of this neighborhood look like environmental saints. There are people in this neighborhood that have caused and instigated more confrontations and you glorify them. This matter was in the news a year ago. I feel that there are better stories than this to write. You should do more research about the personalities involved, before writing this and maybe not listening to someone that has an agenda.
    Thank you

  2. How dare you call me a "bad" person Mr. Sorrentino. I think I did a good deed by helping people become informed and aware of their surroundings. I came from a good Italian American family and was born and raised in Downtown Houston. I have worked myself through college and Graduate School. I have been a substitute teacher, College Professor, Process Server and Private Investigator and Single mother. It is not in my blood to lie or deceive. If you want to call me a bad person why don't you leave Paul alone and say it to my face. Better yet, why don't you make me an offer on my house so us "bad people" can hurry up and be on our merry little way. It probably won't change much you will still be living on contamination. I don't take kindly to being bullied, threatened, harassed or intimidated into submission. Have a nice and healthy life sir.
    Miklyn Provenzano

  3. What's astounding to me is that anyone would WANT to live there now. How foolish they seem to be to risk the health of their families by staying. Sure, it's a good location, so were the Navajo hogans in the desert that were built on and near uranium mines. Tragically all the poor folks that stayed are mostly dead and dying now and their children's children all have birth defects. But don't let anyone mess with those property values...

  4. Absolutely incredible that A HOUSE would make you trade your children and your health. Regardless of what the man stirred up, there are FACTS and pictures that show that this neighborhood is not safe. LET ME BE APART OF THE LEGAL ACTION because I will most definately not let ANYONE off the hook and MAKE all of you'll sell your house at what it cost now.....NOTHING! A bunch of stupid ass people that paid a fuck load of money for nothing- what until you get your healthcare bills rack up and try paying that.

  5. How dare you Mr. Sorrentino !!!!! Sounds to me like you are somehow mixed up in this whole mess., Maybe you work for Chevron, AH, or the homebuilder ! You know you really have big balls comming down on the property owners in this subdivision !!! or maybe you would secretly like to kill all the members of your family. How insensitive !!! You are a piece of work mister ! Dont you have anything better to do??? or do you like going around bullying people??? The facts are the facts here, There is more than enough evidence to prove that these people are living in a very toxic neighborhood. and the Oil companies, homebuilders etc. are to BLAME... PERIOD !!!!! NOW they need to pay up and I hope that everyone in this community gets 1+ million for all the pain and suffering that they have endured. They cant sell their homes, they cant move !!!!!! That is not right !!!!! And also the homeowners that have been threatened????? My gosh, sounds to me like there is a major major conspiracy here and a major cover up. Maybe we should call Erin Brockovich?????? I hope to HELL everyone goes down down down, that is responsible for this. !!!! Good day sir, and I hope to hell you can drink the water out of YOUR sink !!!!!

  6. Oh and on another thought. Why doesnt chevron, TM or AH or DW just let everyone have the mineral rights to their properties, so they can be just like the clampetts??? You know they can go outside and shoot some varmits and you know how the story goes....Then one day and he is shootin at some food and up from the ground came a bubblin crude, oil that is... black gold... Texas Tea,,,,, Well the first thing you know ole Jed's a millionaire and the kin folks there said Move AWAY from here, said, California is the place you oughta be... So..... You know........ Why not, Its coming out the driveways and grass, everywhere, I think the idiots in this neighborhood just are plain stupid for not all banding together and suing the crap out of the powers that be. But NOOOOOOOOOOO lets all be real quiet, and dont tell anyone. cause if you do, then your life will be threatened and we will SHUT you up.... Geezzzzzzz., what morons. I am vp of my HOA, and I wouldnt DARE do this to our neighborhood !!!! I would fight for what is right !!!! Im glad this story was written and If I can help it, this will be on the news, Chronicle, etc...... I'm also in the Real Estate Business and I will pass this on to all my realtors !!!! that this is WRONG WRONG WRONG !!!

  7. Bless you Mr. Spivak for writting this article it was time all of this was brought out in the open. Failure to Disclose is illegal and is punishable. Why have the developers and builders been allowed to line their pockets at the expense of these innocent homeowners? What I really do not understand is why so many of the homeowners are in denial do they want to die a tragic and unnecessary death for the sake of the almighty dollar, they need to wake up and join those in the suit, then maybe the developer would realize his money does not protect him from wrong doing. Denial is no excuse for failure to disclose and one day those in denial might want to sale, do they think they are immune from being sued for disclosure violations!! They need to think again because their pockets are probally not as deep as the developers. As a licensee in Texas I would never knowingly list anything that was undisclosed because I do not want to go to jail!!

  8. I am a member of the community, and want to state that I have not been embroiled in this battle. I simply wanted to post the findings of a January 2007 report by the Agency for Toxic Substances and Disease Registry prepared by the Texas Department of State Health Services.

    It shows that there are no public health hazards due to contamination.

    I can't believe how ugly this situation has gotten.

    http://www.dshs.state.tx.us/epitox/consults/delroc_hc.pdf

  9. Mr. Sorrento...perhaps it is you that needs to do more research.....the facts do speak for themselves and the facts are there is residue spewing from under the grounds of that subdivision that I'm sure are very harmful to your health......If I were you I'd get physicals very regularly....

  10. "It shows that there are no public health hazards due to contamination." - Quote by 'D', submitter #8 at this writing.

    No - no it doesn't say that actually.

    It states they 'don't expect contamination' or that 'there is no apparent health risk' or that it is 'an indeterminant public health hazard'. And I quote.

    You should, perhaps, read something so important a bit more carefully.

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  12. All of this is interesting and I have been involved since day one. The real questions that home ownwers and the Home owners association board memebers need to immedialty address is the Bio-Mound in the recreational area or common grounds. The Bio-mound has been tested and is as a minimum at 500 PPM of TPH or 5 times higher than non-detect. State Law requires Deed Recordation or removal. Only the Home Owners Association Board can make that decision, but Deed Recording the Contamination effects every home in the subdivision. It time to out up or shut up!

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  14. test again

  15. I am the Paul Anderson in the article.

    WWL resident Mr. Sorrentino omits in his comments (#1) that he purchased his home from the attorney for the subdivision's developer, Walter Spears, in May of 2003. Mr. Spears remains a director of MUD 261 by virtue (like MUD 261 President Mr. Merola), of owning only 100 square feet of land in the subdivision. Mr. Sorrentino omits that he doesn't even live in the footprint of the refinery. The only threat he faces is a loss of property value. Mr. Sorrentino omits that the "matter in the news a year ago" was a puff piece by the Houston Comical (in the Cy-Fair This Week section, no less) that said there was no problems. Mr. Sorrentino omits that he is good friend and lived across the street from Mr. Casey Fleming (since moved) who was the organizer of the April 21st "informational community meeting" that I was not allowed to attend and that John Brooks was kicked out of. Mr. Fleming was also the person that loudly trumpeted in WWL that Cheryl and I committed fraud against HCAD. Later Mr. Fleming went to extraordinary lengths to avoid being deposed and having to provide sworn testimony about his involvement. Sadly, Mr. Sorrentino's comments are typical ad nauseum.

    "D" omits (#8) that the January 2007 report by the Agency for Toxic Substances and Disease Registry did not take into account the findings of Trinity Environmental or the high number of animal deaths and illnesses (dogs, my beloved Labrador in particular). The Agency report looks at statistical increases in cancer and diseases and only counts people that live there. There has not been a long enough time to see any statistical cancer increases in any reports. But "D", what about all the people that have moved from the subdivision? The report says the ground surface is safe, but evades stating that there are threats from IN the ground. "D", you have probably not read the sworn testimony of the TCEQ (March 21, 2007) where a resident of WWL was recently told by the TCEQ to "be careful with your kids [playing and digging in the yard] until we figure this out."

    Just two weeks ago, the Homeowners Association sponsored an Easter Egg hunt . . .on the "biomound" - the 5000 cubic yard mound of dirt so contaminated the RRC forbid homes to built on top of so it was excavated and piled in the community park. This is an area that remains, to this day, under formal investigation by the Texas Railroad Commission. I have no problem with cluster f$%^&@# between consenting adults, but using children . . . well, what did the HOA president John Oyen say, "we're just ignorant"?

    Cheryl and I are grateful we could sell our home and leave after our house was on the market for 15 months. We have long ago decided not to harbor any hard feelings or bitterness - it's a waste of time. One profound gift of the experience is that I have come to love my wife dearly for what she has had to endure for my "crusade". We remain amazed at how many otherwise intelligent people, even close "friends", that have stuck their heads up their asses about this, but then again, maybe sticking your head up your ass is allot safer than sticking in the ground around Woodwind Lakes.

    The fact is that there were only a handful of people manipulating the many - but what's new there? Marianne West was a profoundly ignorant instrument of other people - people with secret interests to hide. Video tape was made of contaminated dirt being removed from John Oyen's yard (and taken to an EPA burn site) before his house was built. Unfortunately, the HCAD lawsuit was dropped before Mr. Oyen was compelled to testify about any secret agreements he may have had with Trendmaker Homes. Oh, by the way, Mr. Oyen is the president of the homeowner's association. It goes on and on.

    We remain baffled to this day how it is that people could be more concerned about their property values than the health of their children. The answer is probably found somewhere in people's superficial desire to belong . . . to anything, even if it is cluster f*@#^*! at bunko or the "woman's club". Saul Bellow said it best, "An awful lot of intelligence can be invested in ignorance when the need for illusion runs deep."

  16. I would like to thank the Houston Press, its staff and especially Todd Spivake, for having the courage and foresight, to print the Woodwind Lakes Article. The situation in Woodwind Lakes represents the best and worst in basic human character. The Article best describes events, and the reaction of responsible companies, Government Agencies and most up setting the power exercised by Mud Districts, Homeowner Association, and the self appointed protectors of a neighborhoods image.

    I purchased a home in what I hoped and dreamed would be a quite and peaceful environment. I volunteered my personnel time as a security specialist and private investigator, in an attempted to improve the neighborhood environment, and peace of mind of a number of concerned neighbors, basically being and participating as a good and responsible member of a community. The result was an eye opening, understanding of just how corruption and how individual abuse of power by elected power seekers can absolutely dominate a MUD Board and Homeowners Association.

    Having a friend install a below ground pool, resulting in striking an abandon pipeline, and than watching Government and business entities, with responsibility's to investigate and resolve environmental threats and issues over up the event as disturbing. The result of watch these events caused myself and other to find out why there was a cover up, and the resulting private investigation was even more disturbing, and an eye opener.

    The situation in Woodwind Lakes represents the worst possible actions and reactions of all of the responsible parties. Home builders can request than a potential buyer sign away legal rights when purchasing a home, Government Agencies can will mislead an entire neighborhood, Law Firms will conspire with the Homeowners Association to segregate and further victimize anyone with the courage to ask questions or exercise their individual State and Federal Constitutional Rights in a court of law.

    I personally, will never purchase a home where a Homeowners Association or a MUD District has any power over an individual. I will never trust nor respect State of County Agencies nor the personnel that work for such an Agency, which have the power to become inhibitors of law rather than the enforcers of law. I will never gain sign away my legal rights to a far Civil Trial, for a Mandated Arbitration Clause. These were the real eye openers.

    The Arbitration hearing's only serve the large companies that mandate Arbitration resolution. Individual citizens will only appear before an arbitration judge once, even if they are unlucky, where as the large companies will appear before an arbitration judge countless times, if the judge makes decision favorable to the large companies. The entire arbitration issue can not be understood by the average citizen until its far to late, and they are seeking relief in a stacked arbitration deck, where they can not win.

    Government Agencies are managed and directed by elected officials, the same as the Family, Civil and Criminal Court systems. Elected Officials run campaigns, which allow them to accept campaign contributions. Large companies, Lawyers and Law Firms are the biggest campaign contributors. Governmental employees want to work and recognize their retirements with medical benefits, Judges and elected officials want to gather more campaign contributions, big business wants to control profits and processes. Certain home owners want to increase their holdings. Marie Ann West was correct when she stood in front of my house on national television and said this was about money, she just wasn't smart enough to identify the parties and their intent.

    The Woodwind Lakes Homeowners Association, is the only party that controls the recreational area where the Bio-Mound presently resides. The home owner's own a piece of this area but have not direct control. The Texas State Law requires that Contamination be removed or Deed Recorded. As of today the Bio-Mound has tested a minimum of 5 times higher than the non-detect level of 100 PPM of THP. Deed Recording the contamination has serious negative consequences for all of the Woodwind lakes Home Owners. I guess its time to see what the Board Members and some of the most outspoken protectors of the reputation of Woodwind Lakes are really made of, its time to put up or shut up. The same hold true for the Governmental Agencies, Developer and Builders.

  17. It really doesnt take a rocket scientist to figure out that there is MAJOR cover-up here. From the very beginning people have been threatened, sued, bullied, and told to shut up or they will be made to shut up. The major Realtors in this neighborhood are having people bullied so they dont lose their incomes ! Woodwind is a good neighborhood, but certainly NOT the best. It just astounds me that some homeowners choose to play the "Shutup Game" and let the corporations get away with this. Why if there is nothing wrong with the testing, is everyone involved being threatened???? There is alot of real estate (realtor BS going on in this neighborhood. One of these homebuilders here has already been sued for building on top of Pipelines.!!!! The residents here HAVE to disclose this when selling, there is NO way they cant., and if they dont disclose it , a lawsuit will be filed. What really cracks me up is the "Loud mouth Busy Body" Ms West !! OMG! That lady needs a doctor fast !!! She needs to mind her own business and quit sticking her nose up everyones butt. The things that she has said and done are classic symptoms of a LUNATIC !!! Glad she doesnt live in my neighborhood !!! How old is this woman??? 2? Look at the pictures of the one ladys driveway!!!! that is NOT normal !!! So much for having a garden in this neighborhood or a pool. The developer should be the one to pay. He HAD to have a survey done before building this neighborhood ! period. as well as a Topo. Each property should of been surveyed at least 5 times before closing. Plat, Lot stakes, Form, Slab. and Final. as well as SOIL TESTS !! HELLO??? If the surveyor didnt catch it within all these surveys, Id love to know which surveyor it was, because they are at fault as well and the RPLS' license should be taken away.
    I really hope this stays in the news., Good work TODD!!!!!! I sure hope you are not being threatened as well !!!

  18. I would like to thank my many friends and family who have been supportive in this matter. Justice delayed is justice denied. Sometimes I wish I never got a Bachelors in Criminal Justice and a Master's in the same area. It is a pitiful shame that the system works against the very people (tax payers) who need protection the most in situations such as this. This is very Anti-American to deny us our day in Court just for some idiotic Arbitration Clause. That should be optional but not mandatory. I feel the home was a quality built home and I am not complaining of a warranty issue or a structural defect. This is strictly a matter of what lies beneath the ground. If the TCEQ or EPA doesn't want to remediate, then how in the hell is Arbitration going to get us anywhere. I feel that the Arbitration Board is comprised of people in the construction, Oil and enery industry. That who be stupid to give Triple A thousands of dollars out of my pocket just to go lose. Thanks George W. for being environmentally unfriendly. You and all your tort reform bullshit has got us in a real dirty mess. Maybe Al Gore will help. I would love to go on 20/20 , 60 Minutes, or CNN, Prime Time anyone that will help. Judge Bruce Oakly, I was just wondering why you quit the bench right after you severed Chevron Texaco and Amereda Hess out of the case. Where are you working now? Are you working for a Law firm that represents Chvron as a client? I just was curious how you were getting along. How are you doing Judge Hay and Judge Rynd in the 309th Family Courts are you still laughing at me. How are you Eva Guzman on the Fourteenth Court of Appeals are you laughing as well.
    Miklyn M. Provenzano
    www.boobietrapinvestigations.com

  19. I think the Wests and the other neighbors are acting extremely childish. When you find out you have cancer or any other deadly disease, I don't want to hear you crying. When the wests purchased their home, they were already in their 50's, that is a bit different. You had lived your lives.

    I think the Andersons were right in what they did. Not all of Houston is on oil fields. The builders, title company and HCAD should have disclosed this information. The reason why they didn't is because no one would have purchased homes. The Wests may have been around when the Fairbanks operations were in place, but that doesn't mean everyone else knew about it.

    You will pay the price on judgement day - all of you who behaved horribly to the Andersons (especially if you consider your selves Christians - those of you who do are the most hipocritical. READ YOUR BIBLE!!!!!!!!!!!!!!!!!!!!!!!!!!!)

  20. Todd, you should sell this story to the movie industry it would make a great made for TV movie.

  21. We lived in Creekside Estates, a subdivision just south of Woodwind Lakes Estates, from 1981 until the summer of 2003. About twenty-five years ago, when our son was around ten years old, he came home from playing in the "woods", the area that is now Woodwind Lakes Estates. He and his friends had discovered an old building, an open pit, and some bottles. The bottles contained substances that are classified as hazardous wastes. After reading our son the riot act for going someplace he wasn't supposed to be, my husband reported the situation to the appropriate envionmental agency. The problem should have been dealt with THEN, twenty-five years ago. I guess this is just one more incident of the government falling down on the job---and this time, they failed miserably! This issue never would have arisen if the site had been properly cleaned and decontaminated.

  22. I despise the neighborhood. I lived in the house were they hit the pipe. It smelled horrific. I cannot understand anyone that would take action against such a termendous cover-up. It just goes to show you that money doesn't just talk, it listens and shuts up.

    I shutter everytime I drive by the entrance to the neighborhood knowing what they put my family and my neighbors through. I'm glad to be out of the hell hole known as Woodwindlakes.

    People with an iota of understanding would even be able to realize the danger here, but oil talks in Texas. I hope the people wise up and move the hell out, it's for their own safetly.

  23. Directed to Michael Sorrentino.

    I hope you don't have any children playing out there in the dirt and placing it in their faces as kids sometimes like to do.

    Open your eyes and stop trying to ignore the fact that your neighborhood is a condemned place.

    At what price is your safety and your familes? At the price of a home? What's more important, protecting your investment or protecting your family. Think about it; for you to claim to do the research on the people in the neighborhood, you should do the research about what they found in the ground.

    Don't take it as offensive, take it as an informative warning.

  24. Wow. Todd Spavik is a hack. Such nice, descriptive writing, such a one-sided moral compass. Such non-journalism. Maybe Todd, you should write fiction officially, and let go of your Hunter S. Thompson-esque delusion. Write you Novel, please.

  25. Hmmm. Now, call me a techno-dork, but that last comment was supposed to be appended to the article about the dog. Weird. Actually, I thought this article was quite good, seemed to examine the whole issue. I do like Spavik's writing style.

  26. This newspaper is such a rag. This article is so one sided and so far off base. Did the reporter talk to anyone on the other side....i guess not, because that would not make for a great story would it. rag. rag. rag!!!!

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