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HomeMy WebLinkAbout2.0 CorrespondenceMEMORANDUM TO: BOARD OF COUNTY COMMISSIONERS, GARFIELD COUNTY FROM: KIT LYON, SENIOR CURRENT PLANNER SUBJECT: NATIVE SPRINGS SUBDIVISION PRELIMINARY PLAN DATE: 09/04/01 CC: RON LISTON, APPLICANTS' REPRESENTATIVE Project History: Attached hereto please find a copy of the staff report which was presented to the Garfield County Planning Commission on August 8, 2001. A letter was received from the State Engineer's Office after completion of the staff report (see packet, page ) which essentially reversed the "no material injury" finding unless a legal source of water was acquired to fill the fire protection water storage tanks and to water the proposed three (3) head of livestock. A lengthy discussion was had during the public hearing in part due to a lack of staff engineering review of the application. The discussion focused mostly on a central water system versus individual wells (trying to resolve suggested condition #16), shallow depth to groundwater / possibilities of groundwater contamination, and ISDS vs. other methods of sewage disposal. The Planning Commission moved to recommend approval of the Native Springs Subdivision Preliminary Plan with ate€conditions, as follows: / 2 That all r- . _ , - . tation�s' made b ,.•: P cant in be conditionse of approval,n, and at un lic unless hearing before the specifically -red by the Planning Commission. (Access/Roads) 2. The recommendations of the Road & Bridge Department (including moving the fence and obtaining an access permit), shall be followed. A copy of an approved access permit shall be submitted prior to approval of any final plat. The historic agricultural access along the eastern boundary of the property shall be abandoned, removed, and restored. 3. All roads and addresses shall be clearly marked so that they are visible from the road. The covenants shall also state this. 4. The covenants shall be amended to clearly state that the HOA may assess monies for road maintenance, and the HOA shall conduct said maintenance. The following correction shall be made to plat note #4: "That all cxpcnsc for street maintenance and associated expenses shall be furnished by the Native Springs Subdivision Property Owners Association, Inc., not by the County of Garfield.". (Revegetatio n /Wetlands) o approval of the preliminary plan by the Board . . snty ommissioners, the section . covenants that addresses reve:- : 'on shall be amended so that a particular party, s • .s the Homeo - -rs' Association shall be made responsible for implementation of the rev-: • e .lan. Plat note #7 shall be amended to state: "The individual lot . .'ners shall be res.. sible for control of noxious weeds on their propery. The ► 'tive Springs Subdivision Properly •w re .onsible for of noxious weeds on all common areas." /'N C� 6. The location of all wetlands shall be surveyed and shown on the plat and construction plans as necessary. A note shall be included which prohibits disturbance of the wetlands, and protections shall be put in place to prevent disturbance during construction. Prior to approvaYby the Board of County Commissioners, the drainage plan shall be amended to in-clude-provisiensforh-bleckag€-and to s ally address flood o s. a d&e/2 cat C.O`-t. e.& i S • Prior to building, each lot owner shall obtain a professionally prepared (by a licensed engineer in the State of Colorado) grading„and/�drainage plan which ensures positive � �/ drainage away from built structures ^e.`� c�-tom,” i -dm. —t p�,.�.�• L -t"� 3, 1 , +- )1. �, _ I r2aucL (Geo .ec nical) PA ',t)2-4 Se wlJL� 9. All recommendations made by Hepworth-Pawlak shall be followed. Site specific studies shall be conducted for individual lot development, and a plat note and the covenants shall state such. The following shall be included on the plat, and in the covenants: "Site specific studies for individual lot development shall be conducted by a registered professional engineer within the State of Colorado. These studies shall include drainage and grading plans, Individual SewageTreatment System design, foundation design, and underdrain system design. The cost of these studies shall be borne by the individual property owner." (Fire/Emergency Access) Prior to approval by the Board of County Commissioners, written approval of the proposed project shall be obtained from the Fire District. If the Fire District has additional recommendations or suggested changes, they shall be followed. (Wildlife/Animals/Covenants/Fees) 2 11. All recommendations made by the Division of Wildlife shall be followed. 12. No more than a total of 3 cattle and/or horses shall be kept on each lot. The covenants shall clearly state this. 13. All applicable fees shall be paid prior to approval of the final plat. 14. The covenants/plat notes shall be amended as follows: a.) Plat note #13 states ownership of the mineral rights lies with the Greens. This note, and the covenants, should be expanded to disclose the future possibility of mineral exploration and recovery on the property. This disclosure must also be provided at the time of closing. b.) The covenants should clearly state that no more than 500 square feet of lawn or garden shall be watered with the domestic well water. All additional landscape irrigation must be achieved from legal sources. (Water) ,_..- C -- Prior to approval of the . - .....1, • .. •y the Board of County Commissioners, the applicant shall provide a letter from the State Engineer's Office of "no material injury" in light of the questions raised in the staff report, and shall provide proof of adequate irrigation water rights to support the proposal. Indivi•u.' -lls will be prohibited. A central water system shall be provided which meets the subdivis : • e ations (specifi on :50 and 4:91B). The design of said system shall be submi a review at least 2 weeks prior to the public hearing before the Board of C.. Commissi. - . • r Each and every well shall be drilled, pump t- . -., and water quality tested (for nitrate , s, bacteria, phase II and V in.:anics, radiation, and dissolved solids). No final plat sh. . - ...roved until e results meet the subdivision requirements and satisfaction of the Board of County Commissioners. 17. The covenants shall be amended to clearly state that property adjacent to the subdivision is zoned commercially. The adjacent commercial zoning shall be disclosed to potential lot purchasers at the time of closing, who should be fully prepared to accept any impacts the commercial zoning may present. 18. Conventional ISDS shall be prohibited. ISTS (individual sewage treatment systems) shall be used. The Covenants shall be amended accordingly. Similar provisions shall be made regarding maintenance of the ISTS as in other approvals of ISTS in the County. Staff Update 9/3/01: �C ��''G� �� ``E ;, 1. Engineering Review: Staff referred the application and all file materials to a Professional Engineer for review and comment on behalf of the County. Please find Resource Engineering's ("Resource") comments attached hereto, page . Their letter, dated August 29, 2001, focuses primarily on water supply, wastewater disposal, drainage, and 3 l � road issues. The water supply may be adequate b a on the results of the well constructed on Lot 2. Resource recommends that wells be properly designed and constructed to draw water from a lower aquifer. Resource also recommends the County require ISTS (mdividual sewage treatment systems), with similar maintenance provisions as required with past approvals of ISTS. Resource states that the drainage plan does nota, vitt. satisfactorily support the conclusion that runoff will not be increased. This project IJ`` uJi- should include detention facilities or mitigation which promotes infiltration. Resource ' ' also notes that the application lacks an explanation of why a horse shoe loop road, which,,, )10 ,�,' meets County Regulations, has not been provided. `�`'�. /' 2. Water Supply: A letter was submitted from Zancanella and Associates, dated August 10, 2001 (see page ). This letter proposes to fill the fire protection tanks with a fixe protection well! The applicant has applied for a well permit for this purpose. The letter also -explains"that the stock associated with the subdivision will obtain water from the il�� Green Spring, which will become part of the pipe irrigation system. This right is covered by decree W3914. �2. j p -e( wG � -y `j '. � ��— 7-10)--\c" 7 , -,, , p1 , _, i �i viat � Care, a,a --e- o 3. Needed amendments: taff ►eco mends c-5nsideration of th'e following amendments to eti- tit t-t) the Planning Commission recommendation in light of new information submitted, and 5 S2'�'L.cs to take care of other minor details: • Recommendation #1: Change "Planning Commission" to "Board of County Commissioners". The revised condition should read, "That all representations made by the applicant in the applica �' • • , and at th ublic hearin before the Board of County Commissioners, s e . ': ` on ons o Sb) County specifically altered by the Board of County Commissioners." • Recommendation #5: Change `preliminary plan" to "final plat'. The revised condition should read, "Prior to approval of the final plat by the Board of County Commissioners, the section of covenants that addresses revegetation shall be amended so that a particular party, such as the Homeowners' Association shall be made responsible for implementation of the revegetation plan. Plat note #7 shall be amended to state: "The individual lot owners shall be responsible for control of noxious weeds on theirpropery. The Native Springs Subdivi.,7on Propery Owners Association, Inc., shall be responsible for control of noxious weeds on all common areas ". " • Recommendation #16: Strike first three sentences and the word "or", and add a statement that reads, "Wells shall be properly designed and constructed so as not to draw from shallow groundwater". The revised condition should read, 'Wells shall be properly designed and constructed so as not to draw from shallow groundwater. Each and every well shall be drilled, pump tested, and water quality tested (for nitrates, nitrites, bacteria, phase II and V inorganics, radiation, and dissolved solids). No final plat shall be approved until the results meet the subdivision requirements and satisfaction of the Board of County Commissioners." 4 9/03l4-1,Staff Recommendation: To date, the ap nt has apparently not met several conditions which require action prior to approval of the prelimralan by the Board of County Commissioners. These conditions include condition #7 as amended (revised drainage plan), condition #10 (letter from fire district), and condition #15 (letter of "no m tae rial injury"). Staff suggests that the matter be tabled until these conditions have been satisfactorily met. /p/L"' (,01,4-vc, \,F5 /1),c git+6\1_ Plotyyvvuun 5,Lo ctio ,d lvs-Fn-.01 vv io AfAyk " off, c) -0/\-e -VP) ctizterfr- - I 1' 62/1(5-Y-A-9L- 4-ta tnokArt_ 1,/lete- _� -(� .-12-2001 03:09PM FROM -Colorado Geological Survey 3038662461 T-008 P.001/003 F-664 GARFIELD COUNTY Building & Planning Department Review Agency Form E.CPVEI) •113L 1 201 Name of application: Sent to:,, Date Sent: 06/18/01 Comments Due: Wed., July X43, 2001 Native Springs Subdivision Preliminary Plan Garfield County requests your comment in review of this project. Please notify Kit Lyon in the event you are unable to respond by the date listed above. This form may be used for your response, or you may attach your own additional sheets as necessary. Written comments 'nay be mailed, e-mailed, or faxed to: Kit Lyon Garfield County Building & Planning Department 109 8th Street, Suite 301, Glenwood Springs, CO 81601 Fax: 94 Phone: 970-945-8212 or 1441/ E. 31d St, Rifle, CO 81650 Phone: 970-625-0916 3417 E-mail: "kitlyon@usa.net" General comments: 414 This review agency recommends (circle one): • ppro / Denial The following are suggested conditions of approval, or are the reasons for denial: Name of review agency: By: --Z a Rruiastri 6/Rini RECEIVED JIIL 1 6 MI STATE OF COLORADO COLORADO GEOLOGICAL SURVEY Division of Minerals and Geology Department of Natural Resources 1313 Sherman Street, Room 715 Denver, Colorado 80203 Phone: (303) 866-2611 FAX: (303) 866-2461 July 11, 2001 Mr. Kit Lyon Garfield County Planning Department 109 8t Street, Suite 301 Glenwood Springs, CO 81601 GA -01-0012 RE: Native Springs Subdivision PP Geologic Hazard Review DEPARTMENT OF N RESOURCES Bill Owens Governor Greg E. Walcher Executive Director Michael B. Long Division Director Vicki Cowart State Geologist and Director Dear Mr. Lyon, Thank you for the land use application referral. At your request and in accordance to SB 35 (1972) this office has reviewed the materials submitted by your office and conducted a field inspection of the site on June 26, 2001. The submitted Preliminary Plan Application included an Engineering section that included septic system Engineering, Inc. and geotechnical and radiation and drainage reports by High Country reports by HP Geotech. Please consider our observations in your land use decisions. The site is situated on a broad alluvial terrace on the west side of the Colorado River. The land is relatively flMethe heThe geo geologic hazards of this sside of County Road ite are relatively bluff begins marking the edge of Graham benign. The major hazards that could possible adversely affect the proposed land use are potentially hydrocompactive soils on the hillside collluvial aprons at the boundary with Road 210 and soft alluvial soils. The drilling investigation by HP Geotech shows that the majority of the development is located on glacial outwash river terraces that have been buried at depth with more recent thick alluviums of silt, clay and fine sand. These soils near the shallow ground water level have been shown to be very soft and will have only very modest bearing capacities. The building footprint of Lot 7 lies on the slope of alluvial fan/slope wash soils that mantle the base of the bluff. These soils may be hydrocompactive. We reiterate what was disclosed by the consultant, that both of these types of soils could experience large settlements if they become further wetted. The surface and subsurface drainage recommendations must be complied with. • Native Springs Sub. PP Page 2 The shallow ground water levels may fluctuate seasonally. The drilling program by HP Geotech was conducted August 1, 2000 so ground water levels may be higher during the spring. High seasonal ground water levels may impact standard ISDS proposed for this development. The only geologic hazards that we believe may impact this site are related to the geotechnical properties of the soils and acceptable foundation and septic system performance. Provided the recommendations of the geotechnical consultant are complied with, especially regarding water management and site-specific foundation excavation inspections, this office has no other concerns with the development as planned. If you have any questions please contact this office at (303) 866-3551. Sincerely, / /L/4/ Jonathan L. White Engineering Geologist RECEIVED JUL 1 2 2001 -111 OFFiCE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone: (303) 866-3581 FAX: (303) 866-3589 http://water.state.co.us/default.htm STATE OF COLORADO July 6, 2001 Kit Lyon, Senior Planner Garfield County Building and Planning 109 8th St Ste 303 Glenwood Springs CO 81601 Re: Native Springs Subdivision Preliminary Plan Sections 2 & 11, T6S, R93W, 6th P.M. W. Division 5, W. District 39 Bill Owens Governor Greg E. Walcher Executive Director Hal D. Simpson, P.E. State Engineer Dear Ms. Lyon: We have reviewed the above referenced proposal to subdivide a parcel of approximately 66 acres into eleven residential lots. Each lot will be allowed one single-family dwelling and one accessory dwelling. Water for the dwellings and 500 square feet of lawn and garden per lot is to be provided by individual on lot wells constructed under permit nos. 54918-F through 54928- F. These permits were issued on November 16, 2000 pursuant to a contract with the Basalt Water Conservancy District (the District). Well water use is estimated by Zancanella and Associates, Inc., as 8.94 acre-feet of diversions and 1.52 acre-feet of consumptive use. Additional irrigation use to occur via unspecified ditch water rights was not estimated. Sewage will be through individual septic systems. Each of the permits is limited to use in two single family dwellings, the irrigation of not more than 500 square feet of home gardens and lawns, and the watering of domestic animals, which is adequate for the proposed uses. However, we have not received a Well Construction and Test Report, a Pump Installation and Test Report or a Statement of Beneficial Use for these wells. If these documents are not receive prior to November 16, 2002, the well permits will expire and be of no effect. The report by Zancanella and Associates, Inc., indicates that Native Springs Well #2 (permit no. 54919-F) was completed on November 1, 200 by Shelton Drilling Corporation. A pump test conducted November 2 and 3, 2000 by the Samuelson Pump Company indicates that the well produced at least 15 gallons per minute over a twenty-five hour period, and that the well recovered to within 0.10 feet of the static water level within eleven hours after pumping ceased. With adequate storage capacity this well should provide an adequate supply for the proposed use. The additional wells should also provide an adequate water supply if they have similar production rates. Our records also indicate the well with Permit No. 208670 was issued for and constructed on the existing parcel. Note that Section 37-92-602(3)(b)(III), C.R.S., requires that the cumulative effect of all wells in subdivision be considered when evaluating material injury to decreed water rights. Therefore, the existing exempt well must be included in either the District's substitute supply plan or an augmentation plan, or must be plugged and abandoned, since the provisions of C.R.S. 37-92-602 which allowed for issuance of this well permit will no longer apply. I' Garfield County Building and Planning July 6, 2001 Native Springs Subdivision Preliminary Plan Based on the above, it is our opinion, pursuant to Section 30-28-136(1)(h)(I), that the proposed water supply will not cause material injury to decreed water rights, and is adequate, so long as valid well permits are maintained for all of the wells, no expanded use of the unspecified irrigation water rights occurs, and the disposition of Permit No. 208670 is resolved as stated in the preceding paragraph. If you or the applicant has any questions concerning this matter, please contact Craig Lis of this office for assistance. Sincerely, Y,__4(A-). *, Kenneth W. Knox Assistant State Engineer KWK/CML/Native Springs.doc cc: Alan Martellaro, Acting Division Engineer James R. Lemon, Water Commissioner, District 39 17 01 03:27p Brian Gra To: K1 1 Ly o!' (970)625-8009 p.l RECEIVED JUL 1 7 2001 Fax St: ,,_f / From: 2 1 v (— R A~ Re: 04A -71.1"C SPS► ^5 S /fe(1 Date: 7-1-7— 01 Pages: including this cover sheet. If you have any questions regarding this fax, please contact: 970-625-goo9 Colorado Division of Wildlife, ■ FAGIMILE 17 01 03:27p Brian Gra, (970)625-8009 GARFIELD COUNTY REG. MGR_ AREA Building & Planning Departmar• FG. MGR, AREA 10 AREA15 Review Agency Form AREA ` AREA 1e AREA8 AREA18 Date Sent: 06/18/01 Comments Due: Wed., July 18, 2001 Name of application: Native Springs Subdivision Preliminary Plan 7). 0. .J. Sent to: Garfield County requests your comment in review of this project. Please notify Kit Lyon in the event you are unable to respond by the date listed above. This fonn may be used for your response, or you may attach your own additional sheets as necessary. Written comments may be mailed, e-mailed, or faxed to: Kit Lyon Garfield County Building & Planning Department 109 8th Street, Suite 301, Glenwood Springs, CO 81601 Fax: 970-384-5004 Phone: 970-945-8212 or 144 '/s E. 3"d St., Rifle, CO 81650 1(16'5-- Phone: rf3'5Phone: 970-625-0916 E-mail: " ldtlyon@usa.net" General comments: S { e u -v_ 0 inJ1 WEST REG DOW This review agency recommends (circle one): Approval / Denial The following are suggested conditions of approval, or are the reasons for denial: Name of review agency: By: ..- t i4 -,J 6 i fk y Date: 7-17 - / p.2 17 01 03:27p Brian Gra STATE OF COLORADO Bill Owens, Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE AN EQUAL OPPORTUNITY EMPLOYER Russell George, Director 60B0 Broadway Denver, Colorado 80216 Telephone: (300) 297-1192 July 16, 2001 Kit Lyon Garfield County Building and Planning Department 109 86 St., Suite 301 Glenwood Springs, CO 81601 RE: Native Springs Subdivision / Preliminary plan Dear Kit: (970)625-8009 P.3 For Wildlife - For People I have had the opportunity to visit this site and to review the referral documents regarding this development proposal The wildlife report in the referral packet thoroug) ly describes the site and the wildlife use that occurs in the area. I agree with the report with regard to impacts to wildlife that may occur as a resuh of this development. The site does not contain habitat that is critical for wildlife species that inhabit the area. The development will have minimal impacts to mule deer, ground nesting birds and a few reptile species. I think it is important to take into consideration the statements in the report regarding dogs/pet control, fencing, garbage, and damage caused by wildlife. The recommendations in the report involving these issues are pertinent and will be beneficial to wildlife that will still utilize the area. Thank you for the opportunity to comment on this land use proposal in Garfield County. If you have any questions, please contact me. District Wildlife Manager DEPARTM8 T OF NATURAL RESOURCES. Greg E. Welcher, Executive Director VVLDUFE COMMISSION, F ck Enstrom. Chair • Robert Shoemaker. Vice -Chan • Martarna Raltopoubs, Secretary Members, Bernard Back • Tom Burke • Phip James • Brad Phelps • Oive Valdez L'... tY1.4.. IIman. c 11SLd•i.—. ....J I i . A..+�.i Jo -8-2001 10:24A FROM:BLDGPLANGARCO 9703843470 TO:9P9454590 Message.Read Folder: • • P:7/9 Page 1 of 1 Message 1 of 8 (NEW) > Delete Forward ( Reply I Reply All I Move To: I Received Date: Tue, 24 Jul 01 15:24PM MDT From: "steve anthony"<santhony@coop.ext.colostate.edu> Add To Addres 'Book To: Kit Lyon <kitlyon@usa.net> Subject Native Springs More Details Print Preview Kit, here's the comments on Native Springs....I did not ask for a reveg bond for a couple of reasons, 1. the project was in the pipeline piror to May 7 deadline (when the BOCC adopted the new reveg guidelines) 2. At the Sketch Plan I had about 6 concems....they addressed those, so I was reluctant to add anything that was beyond the scope of those concems. sorry for the slow response time Steve Anthony Garfield County Vegetation Management Director PO Box 1112 Rifle CO 81650 Phone 970-625-3969 cellular phone 970-379-4456 fax 970-625-3917 e-mail: The following section of this message contains a file attachment prepared for transmission using the Internet MIME message format. If you are using Pegasus Mail, or any another MIME -compliant system, you should be able to save it or view it from within your mailer. If you cannot, please ask your system administrator for assistance. -- File information — File: MEMO Native Springs.doc Date: 24 Jul 2001, 15:33 Size: 22016 bytes. Type: Unknown (22K) > y Delete 1 Forward I Reply I Reply All 1 Move To: `IReceived C 1998-2001 USA.NETf, Inc. All Rights Reserved. U.S. Patent N 5,937,161. Users of this site agree to be bound by Net@ddress Messaging Center http://k2. netad dress. corn/tp11M a ssage/314UGC SLC/Read z 0 07/24/2001 AUG -8-2001 10:24A FROM:BLDGPLANGARCO 9703843470 TO:9P9454590 P:8/9 • MEMORANDUM To: Kit Lyon From: Steve Anthony Re: Comments on the Native Springs Subdivision Date: July 19, 2001 Kit, Thanks for the opportunity to comment on the Native Springs Subdivision. My comments are as follows: 1. After reviewing the weed inventory, I will be contacting the applicant regarding the infestation of sulfur cinquefoil so I can confirm the location of this plant as it is not known to be in the County. 2. The submitted weed management plan is acceptable. The County expects the applicant to follow the weed plan in a timely manner. In particular we emphasize the need to manage Russian Olive as a noxious weed. The inventory has listed ten Russian Olive trees on the property, we would like to emphasize the importance of managing weeds such as Russian Olive when they are in relatively small quantities on the property. 3. The applicant has submitted a written Revegetation Plan. While the Plan has specific details on revegetation, it does not assign responsibility for the reclamation work to be done on new road cuts, utility line placements (water line and common trench), culverts, and various valves and hydrants. In particular, revegetation for utility line disturbances seem to a "gray area", and the applicant should state which party (either the Homeowner's Association or another party) is responsible for the revegetation work. z� UG-B420O. 10:23A FROM:BLDGPLANGARCO 9703843470 TO:9P9454590 P:5'9 • GARFIELD COUNTY Building & Planning Department Review Agency Form RECEIVED JUN 1 9 2001 Date Sent: 06/18/01 Comments Due: Wed., July 18, 2001 Name of application: Native Springs Subdivision Preliminary Plan Sent to: e (A - Garfield County requests your comment in review of this project. Please notify Kit Lyon in the event you are unable to respond by the date listed above. This form may be used for -your --response, or you may attach your own additional sheets as necessary. Written comments may he mailed, e-mailed, or faxed to: Kit Lyon Garfield County Building & Planning Department 109 8th Street, Suite 301, Glenwood Springs, CO 81601 Fax: 970-384-5004 Phone: 970-945-8212 or 144 '/s E. 3rd St., Rifle, CO 81650 Phone: 970-625-0916 E-mail: "kitlyon@usa.net" General comments: NO CONCERNS This review agency recommends (circle one): Approval / Denial The following are suggested conditions of approval, or are the reasons for denial: Name of review agency: Garfield Re -2 School District By: Lennard Eckhardt Date: 6-18-01 R Pvicrvl 6/R/flt 8 UG -8-1001 10:23A FROM:BLDGPLANGARCO 9703843470 TO:9P9454590 P:6/9 • lAS P. DALESSANDRI cri ff of Garfield County Date: June 20, 2001 To: Garfield County Building and Planning Attn: Kit Lyon_ From: James H. Sears, Undersheri Re: Native Springs Subdivision Preliminary Plan After reviewing the above referenced document, the concerns of the Garfield County Sheriff's Office continue to be the same as reflected in my memo to the Building and Planning Department dated August 3, 2000. That memo was in conjunction with the review of the subdivision's sketch plan. • GARFIELD COUNTY SHERIFF'S DEPT. P.O. Box 249 • Glenwood Springs, CO 81602 (970)945-0453 Fax (970)945-7651 `RECEIVED JUN ci