CORNWALL Area of Outstanding Natural Beauty REVIEW OF MANAGEMENT PLAN 2016-21

DRAFT HABITATS REGULATIONS ASSESSMENT SCREENING REPORT

January 2016

CORNWALL AONB REVIEW OF MANAGEMENT PLAN 2016-21

DRAFT HABITATS REGULATIONS ASSESSMENT SCREENING REPORT

date: January 2016

prepared for: Cornwall AONB Partnership

prepared by: Alastair Peattie Enfusion

quality Barbara Carroll Enfusion assurance:

Treenwood House Rowden Lane Bradford on Avon BA15 2AU t: 01225 867112 www.enfusion.co.uk

Cornwall AONB Management Plan Review 2016-21: HRA Screening Report

CONTENTS PAGE

1 INTRODUCTION 1 Background 1 Purpose and Structure of Report 2

2 HABITATS REGULATIONS ASSESSMENT (HRA) 3 Requirement for Habitats Regulations Assessment (HRA) 3 Guidance and Good Practice 3 Consultation 4

3 SCREENING 6 Previous Screening Work 6 Screening the Draft AONB Management Plan Review 7

5 HRA CONCLUSIONS 12 Consultation and Further Work 12

TABLES & FIGURES Table 2.1: Habitats Regulations Assessment: Key Stages 4 Table 3.1: HRA Screening Summary 11 Table 3.4: Screening Summary Key 17 Figure 3.1: European Site Characterisations 7

APPENDICES I European Site Characterisations II Screening of Draft AONB Management Plan Review Policies

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1.0 INTRODUCTION

1.1 The Cornwall AONB Partnership (on behalf of the ) is in the process of reviewing the Cornwall AONB Management Plan, which was adopted in 2011. The Management Plan highlights the value and special qualities of the Cornwall AONB and shows communities and partners how their activity contributes to protected landscape purposes. It also sets the strategic context for development in or affecting the AONB through its evidence bases, policies and principles.

1.2 Enfusion has been commissioned to progress the Habitats Regulations Assessment (HRA) of the AONB Management Plan Review on behalf of the Cornwall AONB Partnership (on behalf of Cornwall Council in their role as the competent authority). Enfusion was also commissioned to undertake the Sustainability Appraisal (incorporating Strategic Environmental Assessment) of the AONB Management Plan Review and this work has been undertaken concurrently, with the two processes informing each other as appropriate.

Background

1.3 The adopted Cornwall AONB Management Plan (2011-16) prepared by the Cornwall AONB Partnership (on behalf of the Cornwall Council) is unique in and comprises Strategic Themes, Policies and eleven Local Area Chapters that recognise the different geology & landscape characteristics. A HRA Screening Report was published alongside the adopted Management Plan in 2011, which concluded that the Plan would not have any significant effects on any European sites either alone or in combination.

1.4 The Review of the AONB Management Plan (2016-21) has considered the experience gained and lessons learnt from using the Management Plan since 2011, together with the Scoping Review of the COANBMP (LUC, May 20151). The Partnership proposes to retain these two elements of the plan - Strategic Themes and Local Area Chapters, together with some restructuring that reorganises policies to different Themes to better reflect the aims and role of the plan, including new policy areas on natural capital and ecosystem services requirements. The Local Area chapters are likely to be made more concise and focused.

1.5 The draft revised Cornwall AONB Management Plan for 2016-21 comprises the following:

. Strategic Vision and Aims for People and Place . Delivery Plan with geographical priorities . Strategic Place Policies

1 We’ll need a hyperlink to this document on the AONB website please & presumably it will be part of the evidence base for the published draft MP?

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. Strategic People Policies . Local Area Sections

1.6 The Management Plan is intended to be a shared strategy that will be of interest to the communities, parishes, residents, businesses, landowners and farmers, agencies, authorities, utilities, organisations and amenity groups operating within, or with an interest in, the AONB. The Management Plan also has a role in planning and acts as a material planning consideration for development management purposes and is required to be taken into account in the preparation of the Cornwall Local Plan and any Neighbourhood Plans affecting the AONB. The draft Management Plan has been prepared to demonstrate a close alignment with the Cornwall Council’s strategy2 for 2015-19 and the overall objectives for the emerging Local Plan3.

1.7 It is understood that there is an aspiration for the Review of the AONB Management Plan to be adopted as a Supplementary Planning Document (SPD) as part of the emerging Cornwall Local Plan. In July 2015, the Inspector agreed4 to a suspension of the examination of the Cornwall Local Plan to enable the Council to undertake further work and consult on proposed changes in response to his Preliminary Findings. It should be noted that the review of the Cornwall AONBMP will continue according to its own programme and terms of reference. The review also takes into consideration the anticipated later adoption as SPD as part of the Cornwall Local Plan. Those elements of the AONB Management Plan that are relevant to spatial planning will be adapted and agreed in SPD format and in accordance with planning requirements.

Purpose & Structure of Report

1.8 This report documents the process and the findings of the HRA screening for the Draft AOMB Management Plan Review. Following this introductory section the document is organised into a further four sections: . Section 2 summarises the requirements and key stages for HRA. . Section 3 outlines the screening process and the findings of the screening assessment. . Section 4 summarises the findings of the HRA and sets out the next steps.

2 https://www.cornwall.gov.uk/council-and-democracy/council-strategy-and-business-plan- 2015-19/ 3 http://www.cornwall.gov.uk/localplancornwall 4 https://www.cornwall.gov.uk/environment-and-planning/planning/planning-policy/cornwall- local-plan/local-plan-examination/

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2.0 HABITATS REGULATIONS ASSESSMENT (HRA)

Requirement for Habitats Regulations Assessment

2.1 The Conservation of Habitats and Species Regulations 2010 (as amended) [the Habitats Regulations] require that HRA is applied to all statutory land use plans in England and Wales. The aim of the HRA process is to assess the potential effects arising from a plan against the conservation objectives of any site designated for its nature conservation importance.

2.2 The Habitats Regulations transpose the requirements of the European Directive (92/43/EEC) on the Conservation of Natural Habitats and Wild Flora and Fauna [the Habitats Directive] which aims to protect habitats and species of European nature conservation importance. The Directive establishes a network of internationally important sites designated for their ecological status. These are referred to as Natura 2000 sites or European Sites, and comprise Special Areas of Conservation (SACs) and Special Protection Areas (SPAs) which are designated under European Directive (2009/147/EC) on the conservation of wild birds [the Birds Directive]. In addition, Government guidance also requires that Ramsar sites (which support internationally important wetland habitats and are listed under the Convention on Wetlands of International Importance [Ramsar Convention]) are included within the HRA process as required by the Regulations.

2.3 The process of HRA is based on the precautionary principle and evidence should be presented to allow a determination of whether the impacts of a land-use plan, when considered in combination with the effects of other plans and projects against the conservation objectives of a European Site; would adversely affect the integrity of that site. Where effects are considered uncertain, the potential for adverse impacts should be assumed.

Guidance and Good Practice

2.4 The application of HRA to Local Plans has been informed by a number of key guidance and practice documents. Draft guidance for HRA ‘Planning for the Protection of European Sites: Appropriate Assessment’, was published by the Government (DCLG, 2006) and is based on the European Commission’s (2001) guidance for the Appropriate Assessment of Plans. The DCLG guidance recommends three main stages to the HRA process: . Stage 1: Screening for Likely Significant Effect . Stage 2: Appropriate Assessment, Ascertaining Effects on Integrity . Stage 3: Mitigations Measures and Alternatives Assessment.

2.5 If alternative solutions or avoidance/ mitigation measures to remove adverse effects on site integrity cannot be delivered then current guidance recommends an additional stage to consider Imperative

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Reasons of Overriding Public Interest (IROPI) for why the plan should proceed. For the HRA of land use plans IROPI is only likely to be justified in a very limited set of circumstances and must be accompanied by agreed, deliverable compensation measures for the habitats and species affected. For this reason the IROPI stage is not detailed further in this report.

2.6 More recently Natural England has produced additional, detailed guidance on the HRA of Local Development Documents (Tyldesley, 2009 (as updated)) that complements the DCLG guidance, and builds on assessment experience and relevant court rulings. The guidance: sets out criteria to assist with the screening process; addresses the management of uncertainty in the assessment process; and importantly outlines that for the HRA of plans; ‘ … what is expected is as rigorous an assessment as can reasonably be undertaken in accordance with the requirements of the Regulations …’.

2.7 The approach taken for the HRA of the Cornwall AONB Management Plan review follows the method set out in formal guidance documents. The key stages of the HRA process overall, and the specific tasks undertaken for each stage are set out in Table 2.1.

Table 2.1: Habitats Regulations Assessment: Key Stages Stages Habitats Regulations Assessment Stage 1: 1. Identify European sites in and around the plan area. Screening for 2. Examine the conservation objectives of each interest feature of Likely the European site(s) potentially affected. significant 3. Analyse the policy/ plan and the changes to environmental Effects conditions that may occur as a result of the plan. Consider the extent of the effects on European sites (magnitude, duration, and location) based on best available information. 4. Examine other plans and programmes that could contribute (cumulatively) to identified impacts/ effects. 5. Produce screening assessment based on evidence gathered and consult statutory nature conservation body on findings. 6. If effects are judged likely or uncertainty exists – the precautionary principle applies proceed to Stage 2. Stage 2: 1. Agree scope and method of Appropriate Assessment with Appropriate statutory nature conservation body. Assessment 2. Collate all relevant information and evaluate potential impacts on site(s) in light of conservation objectives. Stage 3: 1. Consider how effect on integrity of site(s) could be avoided by Mitigation changes to plan and the consideration of alternatives (e.g. an Measures alternative policy/ spatial location). Develop mitigation measures and (including timescale and mechanisms for delivery). Alternatives 2. Prepare HRA/ AA report and consult statutory body. Assessment 3. Finalise HRA/AA report in line with statutory advice to accompany plan for wider consultation.

Consultation

2.8 The Habitats Regulations require the plan making/competent authority to consult the appropriate nature conservation statutory body, in this case Natural England (NE). The Habitats Regulations leave consultation with other bodies and the public to the discretion of the

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plan making authority. Therefore, in addition to the statutory consultation undertaken with the appropriate nature conservation body, this HRA Screening Report is available for wider public consultation alongside the Draft AONB Management Plan Review.

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3.0 SCREENING

3.1 As detailed in Section 2, Table 2.1, HRA typically involves a number of stages. This section of the report sets out the approach and findings for Stage 1 of the HRA process, the HRA Screening for the Management Plan Review. The aim of the screening stage is to assess in broad terms whether the policies and proposals set out in the plan are likely to have a significant effect on a European site(s), and whether in the light of available avoidance and mitigation measures, an Appropriate Assessment (AA) is necessary.

Previous HRA Work

3.2 It was noted in Section 1 that a screening exercise was carried out in 2010/11 for the currently adopted Management Plan. Informed by discussions with NE, the previous screening work identified that the following European sites should be scoped into the HRA process for the AONB Management Plan:

. Marsland Clovelly Coast SAC . Head to St. Agnes SAC . Lands’ End & Cape Bank cSAC . SPA (outside of but within 15km of the AONB boundary) . Point cSAC . SAC . Fal & Helford SAC . to SAC . Plymouth Sound & SAC . SAC . and Crow’s Nest SAC . Crowdy Marsh SAC (outside of but within 15km of the AONB boundary)

3.3 A screening assessment of the policies and actions proposed within the adopted Management Plan was carried out to determine if there was the potential for significant effects on the European sites listed above. It was concluded that the strategic policies and actions set out in the Plan would not have significant effects on the identified European sites. Given the findings of the assessment for the policies and actions alone, the screening concluded that the Management Plan was not likely to act in combination with other plans, programmes and projects to have any significant effects on the identified European sites. The findings of this work were reported in a HRA Screening Report that was published alongside the adopted Management Plan in February 2011.

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Screening the Draft AONB Management Plan Review (2016)

Identification of European Sites

3.4 The European sites scoped into the previous screening assessment and set out below are still considered appropriate for the further screening of the Draft AONB Management Plan Review. The European sites scoped into the screening are set out below:

. Tintagel Marsland Clovelly Coast SAC . Godrevy Head to St. Agnes SAC . Lands’ End & Cape Bank SCI . SPA . Lizard Point SCI . The Lizard SAC . Fal & Helford SAC . SAC . Plymouth Sound & Estuaries SAC . River Camel SAC . Phoenix United Mine and Crow’s Nest SAC . Crowdy Marsh SAC

Characterisation of European Sites

3.5 A general overview of the European sites scoped into the assessment is provided below in Figure 3.1. More detailed characterisations including qualifying features, conservation objectives and the key issues for each site are provided in Appendix I.

Figure 3.1: European Site Characterisations5 Tintagel Marsland Clovelly Coast SAC This site comprises an extensive length of largely hard coastal cliff and side- valleys, with a range of maritime influences and mosaics of characteristic coastal and heath vegetation types developed on hard neutral to acidic sedimentary rocks. Stands of sessile oak woods with Ilex and Blechnum in the British Isles are also a feature. The greater part of the site, totalling approximately 60 km, is west facing and fully exposed to Atlantic storms, and is therefore strongly maritime in character. The section east of Hartland Point faces north and north-east, and is relativley sheltered. Godrevy Head to St. Agnes SAC The site is located on the coast, is characterised by maritime European dry heath and represents a typical example of coastal wind- pruned, 'waved' western gorse- bristle bent and heather (ling) heathland. Along the Chapel Porth Valley scattered areas of Temperate Atlantic wet heath supporting stands of Dorset heath occur. The site also supports Early gentian. Lands’ End & Cape Bank SCI The site is designated for its Annex I rocky reef features (sub-features infralittoral rock, and circalittoral rock). It is designated in two distinct parts:

5 Natural England Site Improvement Plans

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one area fringing the coast, and one area further from the coast. Due to its south-westerly position on the British coast, the site is fully exposed to strong tidal currents and Atlantic swells. The coastal portion of the site is characterised by -swept kelp forests and sparse kelp parks with a lower layer of dense foliose red, green and brown algae. In deeper waters throughout the site, there are bryozoans and hydroid turf communities. Water movement by currents and wave action also encourages dense growths of sponges, sea squirts, anemones and soft corals. The species composition of the reef biotopes, including species such as sea fans and cup corals, is also influenced by the warming of the Gulf Stream, and to a lesser extent the Lusitanian current from the south. Marazion Marsh SPA The site is located on the south coast of Cornwall to the east of at the head of Mounts Bay. It is the largest fresh water reedbed in Cornwall and is important for passage and wintering birds associated with it. These include overwintering bittern and passage migrant Aquatic warbler. Lizard Point SCI Lizard Point is a Site of Community Importance surrounding Lizard Point, the most southerly point on mainland Great Britain. Lizard Point lies entirely within the 6 nautical mile limit. The site, which extends down from mean low water, has been designated for its extensive reef habitat which covers over 12,500 hectares in the site. The reef's complex and varied geology includes flat bedrock, upstanding reef, boulders and cobbles and supports a diverse reef fauna in excellent condition. The Lizard SAC The Lizard SAC supports extensive areas of lowland heathland and maritime cliff and slope vegetation. A wide range of species-rich communities occur in a complex mosaic, reflecting the acidic to ultra-basic conditions that are derived from the serpentine geology, associated soil types and long management history of the site. Fal & Helford SAC The Fal and Helford SAC in south Cornwall is a complex inshore site comprised of the two (drowned river valley) systems of the Fal and Helford Rivers and adjacent Falmouth Bay. The receive a low freshwater input and therefore contain a notable range of fully marine habitats with a high diversity of species across the majority of the site. These habitats are highly influenced by the degree of exposure within the site which varies greatly from extremely sheltered mudflats in the upper Fal to more exposed rocky coastal areas around the mouth of the Helford. Furthermore, the south-westerly location supports seawater temperatures that allow species to occur that are usually more southerly in their distribution. Polruan to Polperro SAC This SAC site extends for approximately 10km along the south Cornwall coast between Polruan in the west and Polperro in the east. A range of habitat types are present, forming a mosaic of dense scrub, maritime grassland, heath and seacliff vegetation. Shingle beaches and unimproved pastures add to the site's diversity. Together these habitats support a wide range of characteristic and uncommon and other wildlife. In places the lower cliffs and backshore are influenced by freshwater seepages, flushes and springs which support a significant population of shore dock. Plymouth Sound & Estuaries SAC Plymouth Sound and its associated tributaries comprises a complex site of marine inlets. The ria systems entering Plymouth Sound (St John's Lake and parts of the Tavy, Tamar and Lynher), the large bay of the Sound itself, Wembury Bay, and the ria of the River Yealm are of international marine conservation importance because of their wide variety of salinity conditions

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and sedimentary and reef habitats. The broader lower reaches of the rivers form extensive tidal mud-flats bordered by saltmarsh communities which are of international importance for the large numbers of waterbirds. River Camel SAC In addition to the River Camel the SAC includes its main tributaries, with associated woodlands, willow carr, wet meadows, wet heath and mire habitats. The river system encompasses a range of ecological conditions with both upland and lowland characteristics and is important for otters, bullhead and Atlantic . Some of the largest and best remaining ancient semi-natural woodlands in Cornwall are found alongside the Camel. Phoenix United Mine and Crow’s Nest SAC This site on the south-eastern edge of Moor supports internationally important Calaminarian grassland metallophyte communities. The legacy of a long history of and extraction survives as mine spoil which has been colonised by a number of metallophytic bryophytes. In particular, the site supports the only known site in the world for the endangered Cornish path- cornubicum. Crowdy Marsh SAC This SAC is one of several valley mires found around the edge of the granite massif of , and is included within Bodmin Moor North SSSI. Most of the gently-sloping wide valley is now occupied by a freshwater reservoir, and Crowdy Marsh is all that is left of the once more extensive valley mire system at the eastern end of the reservoir. It supports valuable transition mire habitat, which includes the water tracks and occasional waterlogged hollows found throughout the marsh. Part of the site is common land and part is privately owned.

Screening Assessment for the Draft Local Plan

3.6 The screening (Appendix II) considered the potential impacts arising as a result of the policies and whether these have the potential to lead to likely significant effects (LSE) on the identified European sites. Overall, the assessment found that the majority of policies are not likely to result in any impacts on European sites as they seek to maintain and protect the landscape and special character of the AONB. While some policies seek to support or encourage development types or activities that could have impacts on European sites, no specific proposals are made through the policies themselves. These will arise as a result of other plans and programmes, such as the emerging Cornwall Local Plan, as well as through the development management process. The Management Plan is a guidance document that planners, land managers and others are encouraged to use when carrying out their duties and statutory responsibilities.

3.7 There are sufficient legislative and policy safeguards to ensure that development arising through these other plans and programmes will not have significant effects on European sites. The Habitats Directive and Regulations require the assessment of plans, programmes and projects that are likely to have significant effects on European sites. The NPPF requires the HRA of Local Plans and ensures that the planning system contributes to and enhances the natural and local environment by minimising the impacts on biodiversity. It also gives great weight to

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conserving the landscape and scenic beauty of AONBs and recognises that the conservation of wildlife is an important consideration as part of this. The NPPF also recognises that assessments, including HRAs, should be proportionate and not repeat policy assessment that has already been undertaken. Policy 23a in the emerging Cornwall Local Plan6 affords the highest level of protection to European sites and ensures that any proposals that are likely to have an adverse impact on their integrity will not be permitted. It is also important to note that the HRA process for the Cornwall Local Plan concluded that there would be no adverse effects on the integrity of any European sites7.

3.8 Overall the policies within the Management Plan Review are seeking to help achieve the purposes of the AONB designation, which is the conservation and enhancement of its natural beauty - including its flora, fauna, geological and physiographical features. NE has a duty to give advice on any development taking place within the Cornwall AONB and is also member of the Cornwall AONB Partnership and Unit. Taking the above into account, it is concluded that the Management Plan Review is not likely to have significant effects on any European sites alone.

3.9 Given that the Plan is not considered likely to have any significant effects alone on European sites, as development will occur through other plans, programmes and projects, it is unlikely that there will be any significant in combination effects on European sites. Despite this, a number of key plans, programmes and projects are listed below:

. Cornwall Council Local Plan (2016) . West Devon Borough Council Local Plan (Feb 2015) . Plymouth City Council Plan Part One (Sept 2015) . South Hams District Council ‘Our Plan’ (2014) . North Devon and Torridge Joint Local Plan (2015) . Connecting Cornwall: 2030 . to Hartland Point Shoreline Management Plan . Durlston Head to Rame Head Shoreline Management Plan . Hartland Point to Anchor Head Shoreline Management Plan . Cornwall Minerals Local Plan (1998) . Cornwall Waste Local Plan (2003) . North Cornwall, Seaton and abstraction licensing strategy (2012) . Tamar abstraction licensing strategy (2012) . West Cornwall and Fal abstraction licensing strategy (2012) . South West Water’s Water Resources Management Plan (2014) . Cornwall’s Visitor Economy Strategy 2014 to 2020 . , and China Clay Area Regeneration Plan (2012)

6 Ibid. 7 HRA Final Report Nov 2014.

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. Applications for renewable energy projects (wind turbines, solar arrays, hydro electric, marine renewables)

3.10 Table 3.1 below provides a summary of the findings of the screening assessment for the Draft AONB Management Plan Review.

Table 3.1: HRA Screening Summary European sites Potential Likely Significant Effects

AA required AA required in alone? combination? Tintagel Marsland Clovelly Coast SAC No No Godrevy Head to St. Agnes SAC No No Lands’ End & Cape Bank SCI No No Marazion Marsh SPA No No Lizard Point SCI No No The Lizard SAC No No Fal & Helford SAC No No Polruan to Polperro SAC No No Plymouth Sound & Estuaries SAC No No River Camel SAC No No Phoenix United Mine & Crow’s Nest SAC No No Crowdy Marsh SAC No No

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4.0 HRA CONCLUSIONS

4.1 This report outlines the methods used and the findings arising from the HRA Screening for the Cornwall AONB Draft Management Plan Review. The HRA of the Plan has been undertaken in accordance with available guidance and good practice and has been informed by the previous HRA screening work for the adopted Plan.

4.2 The screening assessment found that the majority of policies are not likely to result in any impacts on European sites as they seek to maintain and protect the landscape and special character of the AONB. While some policies seek to support or encourage development types or activities that could have impacts on European sites, no specific proposals are made through the policies themselves. These will arise as a result of other plans and programmes, such as the emerging Cornwall Local Plan, as well as through the development management process. The Management Plan is a guidance document that planners, land managers and others are encouraged to use when carrying out their duties and statutory responsibilities. There are sufficient legislative and policy safeguards to ensure that development arising through these other plans and programmes as well as through the development management process will not have significant effects on European sites.

4.3 Overall the policies within the Management Plan Review are seeking to help achieve the purposes of the AONB designation, which is the conservation and enhancement of its natural beauty - including its flora, fauna, geological and physiographical features. NE has a duty to give advice on any development taking place within the Cornwall AONB and is also member of the Cornwall AONB Partnership and Unit. Taking the above into account, the screening concluded that the Draft Management Plan Review is not likely to have significant effects on any European sites either alone or in combination.

Consultation and Further Work

4.4 These findings will be subject to consultation comments and advice from NE and wider stakeholders alongside the Draft AONB Management Plan Review. HRA is an iterative process and further work will be undertaken alongside the Management Plan Review to inform its development.

4.5 The findings of this plan level HRA do not obviate the need to undertake HRA for lower level, project scale/ implementation plans where there is potential for significant effect on one or more European sites. The findings of this HRA should be used to inform any future assessment work.

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APPENDICES (provided separately) I European Site Characterisations II Screening of Draft AONB Management Plan Review Policies

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