who is responsible for driveway culverts

In most cases, homeowners are responsible for residential culvert maintenance and repair. Hot Rubber Crack Fill There goes another $5,000. Deferred Maintenance Since repairs can be costly, routine inspections and maintenance are essential in order to keep costs down and prevent flooding. January 2023 Whomever you talk to will probably want to know your address as well as if you own the property in question, as regulations usually vary depending on who owns the property as well as the propertys location (township, county, subdivision, etc.). April 2020 If your driveway has seen better days, use these four tips to replace your driveway culvert. The Public Works Department is responsible for the day to day operations and maintenance of all parish roadways, roadside mowing and drainage on more than 833 miles of roads and 1,548 miles of canals and ditches throughout the parish. We take the average depth multiplied by the average width to obtain the cross-sectional area and divide by four to determine the rough diameter of pipe needed to pass the average storm. This will help you feel more informed as you move forward in repairing or replacing your faulty culvert. Asphalt Repair I know that where I live it is MY responsibility to keep all rain that falls on my property on my property--if it flows into the street, or onto another property, I am liable for any associated damages. Michigan Excavation and Culvert, provides excavating and culvert services to residential and commercial clients. You specifically asked about the responsibility, if any, of the Department of Transportation (DOT) in a particular instance. - By Special Provision on contract projects for side drains. http://www.collincountytx.gov/development_services/Pages/culvert_forms.aspx, https://dentoncounty.com/Departments/Public-Works-Planning/Applications-and-Permits.aspx, http://www.co.grayson.tx.us/default.aspx?name=tre.payment_culverts, County: anadministrativeorpolitical subdivisionof astate, which may includemunicipalities or may be consolidated into a single city-county, Developer: a company that purchases a segment of land for the purpose of dividing it into smaller pieces for sale or independent development, Drainage easement: a legal right to use a specific piece of land for water control purposes; homeowners should know where the drainage easement is and who is responsible for it (private easements are generally created by developers and are maintained by homeowners associations in planned developments; public easements fall under the jurisdiction of municipal governments), Homeowners Association: a private association run by homeowners on a subdivision (anyone who wants to buy a residence in the subdivision usually must pay dues and become a member; they must obey all subdivision regulations), Municipality: an urbanadministrative divisionwithcorporatestatus and the right to self-government (unlike a county, a municipality does not encompass rural areas or multiple towns), Subdivision: a parcel of land divided into lots by a developer that can be developedindependently of each other. Most people hire a professional when installing a culvert for their driveway, which, depending on the length and type of pipe required, can cost anywhere between $800 to $8,000. Alligator Cracks Culvert can be supplied in standard 10, 12 and 20 ft. lengths or custom ordered in 14 and 16 ft. lengths. The provisions of this 105.165 adopted September 26, 1980, effective September 27, 1980, 10 Pa.B. If you continue to use this site we will assume that you are happy with it. How long does the WAIS take to administer? April 2020 Culvert is available in either solid or perforated. The Owner will be responsible for notifying the County that the culverts have been delivered and for flagging both ends of the desired driveway location (flags provided). The amount of material between the pipe and the driveway surface should be 6" (this includes asphalt if you plan on paving). Double-check to make sure it is sloped to allow for drainage. Equipment like this is pricy, but you may be able to borrow something from the local volunteer fire department or other municipal department such as sewage or road maintenance. Aluminum or galvanized steel, 24 x 20 foot length: about $800, Theres a lot going on under your driveways surface. Youll also want to check with your citys building code administrator to see if you must follow any regulations regarding the type of pipe and diameter. Long Driveway Paving Quotes If they are not, ask them to transfer you to the correct department or, at the very least, get the name and contact information for the department you need to call. depending on complexity. Add a 6" layer of - 1" gravel on either side of the pipe, and compact it. Popular Pavers for Your Patio, Driveway, and Walkway. Driveway culvert installations have so many factors contributing to its overall cost that its best to have a professional construction company consult you. Contact your utilities providers to learn the location of any underground utility lines. Use the skid-steer loader with abackhoe attachment to dig a trench, followingthe stakes and string as a guide (quick tip: select a time of year that is fairly dry. Hydro jetting. When determining who should handle your driveway culvert maintenance, the key is knowing who owns and is responsible for the land on which the culvert is located as is laid out in the town or county's government policies. The previous and original homeowners have informed me that the Town Highway Department put the culvert in when they had the home built. For all other roads the culvert ends may either be flat and protected by riprap or beveled to match the natural slope of material used for driveway construction to a maximum of 2:1 or a concrete headwall. Then use your level to make sure the trench is sloped properly (at about a 3% grade). Bridges and culverts shall be of sufficient height and clearance to allow the use of the stream or other body of water in its customary manner. Who Is Responsible For Culvert Maintenance. Typically, it borders the flattest portion of the stream bottom. A riparian owner is one who owns property along the bank of a watercourse, including a lake, and whose boundary is the water in that course or lake. How do you hang a mug on the side of a cabinet? They said because most people don't install them correctly, so it is wiser to let the county do it.and it is free. Unpaved driveways shall be covered with a standard flexible base material within the right-of-way. The Washington State Department of Transportation (WSDOT) estimates that the cost to implement the courts full injunction is estimated at $3.7 billion, while fixing the amount of culverts necessary to get to the 90 percent habitat gain by 2030 is estimated at $2.4 billion. See Appendix D for more information. finished driveway. Repeat this process until you've reached the top of the pipe. If any driveway connection threatens the integrity of the highway due to plugged culverts, erosion, siltation, etc., the planning board or its designee can require the owner to repair it. Ranch Property 546 0 obj <>/Filter/FlateDecode/ID[<1A56F35C956E8B4BB9E20A46D67824A0><28A41B202BC02244ACB25723BCFF9A7E>]/Index[529 46]/Info 528 0 R/Length 94/Prev 740879/Root 530 0 R/Size 575/Type/XRef/W[1 3 1]>>stream You will also need to hold an approval for a dam which exceeds the MHRDC. Pothole Repair The amount of material between the pipe and the driveway surface should be . Spread some medium-sized gravel on the side where the water will flow out to prevent erosion. For example, if the culvert is 400 mm (16") in diameter, the depth of the cover must be a minimum of 200 mm (8") in depth; Use the Culvert Specifications / Driveway Cross-Section (PDF) for more information about culvert location, design and construction. For professional installation of your culvert, you can expect to pay between $1,000 and $9,000, with an average cost of about $4,500, depending on the length and type of pipe and your driveway material. The permittee shall furnish all materials necessary for the construction of the access driveways and is responsible for the construction of the driveway in accordance with the permit. For example, a 36-inch culvert should have a soil cover at least 18 inches in depth. How much backfill do you need for a driveway culvert? %PDF-1.7 % How much does it cost to install a culvert? The county is responsible for the culverts in my county. Hot Rubber Crack Fill Even when you have your answer, it doesnt hurt to do some independent research to confirm what youve been told. Replace a culvert if it cannot handle the expected water flow. Professional drain cleaning. Driveway Repair Texas The land was split into a 26 acre lot and a 4 acre lot with the house on it. Create your own unique website with customizable templates. The Street Department receives many telephone calls from homeowners about the condition of the culvert under their driveway. Responsibility to main a culvert is usually with the landowner for that part of it that is on the owner's land. Enter a zip below and get matched to top-rated pros near you. The Town has informed me in writing that . I have a map that says that part of the property belongs to the Town. It costs a lot less to maintain a workingdrainage swale than to revitalize one that has been backed up with debris. First of all, it will be helpful to familiarize yourself with some key terms concerning culverts and drainage policy: Now that you are familiar with the key terminology surrounding culvert maintenance policies, its time to find the correct city or county department to contact. Cement Culvert Blow bag. The Development Driveways and Culvert Inspections section is responsible for the oversight of development on private property. The effect of the tie decision means that the lower court decision stands, requiring Washington state to pay 100 percent of the cost of replacing barrier culverts even though the federal government provided the design for those culverts and regardless of whether other barrier culverts (i.e. The following website can be used to file complaint investigations for possible Permit Violations. Paving Equipment Private landowners also face property damage and high repair costs when a culvert fails. Generally, a rusted-out or damaged culvert is not worth repairing. You are using an out of date browser. September 2017 Emergencies / Diseases / Injuries and Cures, Current Social Media Chicken Feed Craze - posted testing results. Each culvert is designed according to the type of traffic using it. This can usually be found by using an online search engine to search the name of your county followed by 'official website'. You can do the welding yourself or have it done in a local shop. These are some fairly common regulations. I have a culvert that is damaged and needs to be replaced. Need professional help with your project? 1 Who is responsible for driveway culverts? Recycled Asphalt Asphalt Paving Overlay November 2017 While the responsibility is on the landowner to maintain and replace the culvert when necessary, Brookline Public Works is happy to provide guidance to residents in assessing their project! We are responsible here and liable for any water run-off into the roadway from our driveway. These roads are generally main thoroughfares of the county. Cities and counties also own a similar number of culverts in the state and could be at risk for similar claims from tribes. For example, Interstate 275, SR 749, US 52 and ST 132. Pvc Drainage Pipe The county maintains 1,534 miles of ditches, King said, at a cost of about $35,000 to $55,000 a year. Private land, or the land for which you are responsible, usually extends to the boundary of your garden or driveway. The municipal officers of a town may at the expense of the town construct ditches, drains and culverts to carry water away from any highway or road therein, and over or through any lands of persons or corporations, when they deem it necessary for public convenience or for the proper care of such highway or road, provided no such ditch, drain or culvert shall pass under or within 20 feet of any . Ask a representative to come to your home to mark off where such lines are located so that you dont accidentally damage them. The Right-of-Way Maintenance Section responsibilities include providing maintenance and repair for dirt roads, storm water drainage systems, herbicide applications for aquatic weed control, concrete repair, paved roadway repairs, tree trimming and litter removal. Install Culvert They are tasked with ensuring construction activities are built in accordance with the permits issued. Drawer 1435 Gainesville, GA 30503 Phone: 770-535-8288 Website Issues: Email the Webmaster Usually, the information youre looking for can be found by contacting the government department in charge of road regulations. The types of permits issued include: Project, Residential and Commercial Driveway . Cement Driveway Who is responsible for driveway culverts? Most people hire a professional when installing a culvert for their driveway, which, depending on the length and type of pipe required, can cost anywhere between $800 to $8,000. Typically, new driveway construction is reviewed and approved through the review of an associated building permit . Alligator Cracks The only time the City will reset/replace it will be if it is part of a larger stormwater project and resetting/replacing it improves the water flow. In most cases, homeowners are responsible for residential culvert maintenance and repair. As of the most recent state transportation budget, there is $736 . If a culvert is located in a subdivision, the subdivision developer is responsible for maintaining culverts and must do so in keeping with the citys code. Picote Milling Machine. Additionally, plastic can be cut easily to fit any size of culvert trench. A permit is required for Replacing a driveway culvert or headwalls Crossing or paralleling a county drain Tapping or discharging clean storm water into a county drain The Consequences of a Failed Culvert A collapsed culvert can bring down an entire roadway, detouring traffic and costing taxpayers money in emergency repairs. They are tasked with ensuring construction activities are built in accordance with the permits issued. A littoral owner is one who owns land abutting a sea or ocean where the tide regularly rises and falls. Driveway aprons vary in length from about eight to 15 feet (starting at the street and measuring toward the house). Depending on the layout of the road and your property, you could request having an asphalt berm put in front of your driveway to divert the water. Contact Form Why us 6 How do I clean my culvert under my driveway? 105.166. "That (maintenance costs) would be reduced if . With this information, the government representative should be able to answer your questions or direct you to someone who can. Once youre on the correct department page, youll usually see the names of government officials as well as their contact information. 5 What are the different types of culverts? In New South Wales, landowners are responsible for managing storm drain systems on their properties, and the local government or councils are in charge of projects to manage storm and sewer drains on public land. 0 The abutter has continuing responsibility for the condition and stability of the access, including replacement of any culverts or other structures pertaining to the access, subject to the department's ongoing jurisdiction over the right-of-way. Culvert maintenance is important because an unmaintained culvert can cause drainage problems, and can damage roads and driveways. Double-check to make sure it is sloped to allow for drainage. Asphalt Repair Bituminous, or asphalt coatings, are the most commonly used applied coatings. What do you need to know about a driveway culvert? They are also charged with issuing violations for unpermitted activities. Sealcoating Driveway culverts are great for preventing driveway erosion via the direct flow of water from one side of the driveway to the other. 4 How much does it cost to install a culvert? However, we do not have drainage systems such as are in place in much of the country, due to being in a desert with very little rainfall (don't tell my chickens that--right now they won't believe you as they are currently rather soggy due to our ongoing winter storm). The property owner is responsible for all costs associated with the installation of the original driveway including required culvert pipe, restoration, and permit fees. Placement of culverts. Please see details in this handout titled "Example Driveway Profile . Too bad it doesn't seem to be enforced enough. I'm just so hoping I didn't open a huge can of worms by even asking about it, cause we can't afford to pay out who knows how much for a freakin culvert!!! If the materials used to build the culvert were not installed correctly, it might not be strong enough to withstand the weight of your car, causing it to buckle or crack. All three can be cut to size. What Culvert To Install. Galvanized Culvert You will also be required to contact your utility company to find out the location of underground utility lines before digging. Driveway culverts are also useful in preventing flooding. How much does it cost to install a culvert in your driveway? The exact name of this department will vary county to county, but it should be pretty easy to spot. The BCRC shall not be responsible for any damage to the driveway culvert, driveway or surrounding land. A VDOT permit is required before any work can be performed that affects a state-maintained road. Crushed Asphalt However, we have a relative next county over who has to pay a private contractor to have culverts done. Owners should ensure that systems and structures are kept free of yard waste (grass clippings, tree trimmings, and leaves) or other obstructions that may block the flow of water, including: It will cost more to hire a professional, but a pro will have the equipment and expertise needed to ensure the job is done right with minimal disruption to the rest of your property. Rural Driveway How much does it cost to repair a culvert? A roadside ditch runs alongside a road, and is built to drain the road bed and the water draining off the road surface. - As alternate on contract projects for driveways. Use the Table of Contents to find the section related to culverts and drainage, and read through it. It can be downloaded as a PDF via the Road & Subdivision Policy link, found under 'Information' in the pages left column. Additionally, driveway culverts and driveway repairs are the homeowner's responsibility, including: mowing the swale areas, removing sediment and debris from the . You'll also do plenty of digging by hand so rakes and shovels will be needed. Culverts Private entrance culverts (such as the culverts beneath your driveway) are owned by you - the property owner - even though they are part of the municipal drainage system. Using the tape measure, stakes, paint and string, mark off where you plan to install the culvert. 3843. Culverts are structures serving as small bridges under roadways, but they can be any tunnel or a drain that carries a stream or drainage from one side to the other. We post recent jobs, paving techniques, and tips and tricks here. The trench should be wide enough to accommodate the pipe and deep enough to contain the pipe plus six inches of extra room. February 2021 You asked who is responsible for correcting flooding problems when the discharge of water from a state highway culvert flows onto private property in a wetlands area. A Culvert is a device, usually a pipe or arched tunnel, used to channel water underneath a road, railway, or other type of embankment. It is right at the end of my driveway. August 2017 MDOT Culvert Management Guidelines Commercial & Residential Driveway Culverts Enclosed Frontage Development Culverts & Structures After August 6, 1969, all property owners seeking to install a driveway or enclosed drainage culvert along state trunkline highways are required to obtain a permit from Michigan Department of Transportation (MDOT). The property owner is also responsible for all maintenance of the driveway culvert. They are lightweight and flexible, allowing for easy transportation and installation. Place the tube in the desired position in the trench. Manager - Harris County Watershed ProtectionDanielle Cioce, MS, PMP, 10555 Northwest FreewayOffice Suite 120Houston, Texas 77092, Harris County Engineering Department Please call the Drain Office 989-895-4290 for a permit and tile size. 4 Methods for Unclogging Underground Drain Pipes Cable rodding. While the small murky puddles might be fun for the kids, they can be a sign of other problems. The property owner is responsible for driveway culverts. DIY Driveway Repair Metal Culvert Hiring a pro will also save you money renting or buying equipment and the time it takes to learn to use it (although we admit weve always wanted to learn how to drive a backhoe). They cleaned out our ditch (we live on a the upside of a hill) and made it so steep that I cannot mow it. The DOTD Right-of Way Permit Unit is responsible for regulating the location, design, methods for installing, adjusting, accommodating, and maintenance of non-DOTD facilities such as driveways and utilities on highway right-of-way. Dr. Milton Rahman, P.E., PMP, CFM, ENV SP -. Which can bite you in the butt. If this isnt done properly, the water will sit stagnant in the pipe instead of draining. Excavating. For professional installation of your culvert, you can expect to pay between $1,000 and $9,000, with an average cost of about $4,500, depending on the length and type of pipe and your driveway material. Paving Quotes Sometimes, the terminology used in the policy can be pretty convoluted or dull. For example, when I searched 'Randall County, TX official website' the countys government website. June 2017 Call the Highway Department at (731) 422-1651 to determine the pipe size you need to purchase and to schedule the culvert installation. These obligations include things like snow removal, re-paving, proper drainage and other maintenance issues. Good luck to you. Vitrified Clay Culvert Pipe 2-14 Welded Steel Pipe 2-15 3 Coatings For Pipe Culverts 3-1 Galvanized Coatings 3-1 . Driveway Culvert Spacing (COH IDM Chapter 15, Table 15.08.02 - (5)) If the distance between the proposed driveway culvert(s) and/or neighboring culvert is less than 8 ft long, options shall be considered to address maintenance challenges and may include provision of a junction box with grate top to connect the two culverts. , if any, of the driveway surface who is responsible for driveway culverts be pretty easy to.... There is $ 736 be responsible for residential culvert maintenance is important because an unmaintained can. Costs when a culvert Chicken Feed Craze - posted testing results a going. And tricks here have informed me that the Town driveway Profile and commercial driveway great for preventing driveway erosion the! Maintenance Since repairs can be downloaded as a PDF via the direct flow of water one. Liable for any water run-off into the roadway from our driveway you & # x27 ; ve reached the of. In accordance with the permits issued include: Project, residential and commercial driveway custom ordered in and. Under 'Information ' in the pages left column and commercial clients can cause drainage problems, and compact it some. The permits issued tide regularly rises and falls maintenance is important because an unmaintained culvert can be used to complaint. If your driveway culvert example, when i searched 'Randall county, but should. Thoroughfares of the driveway culvert starting at the end of my driveway alligator Cracks can... Least 18 inches in depth residential and commercial clients measure, stakes, paint and,. The responsibility, if any, of the pipe and deep enough to accommodate pipe!, 24 x 20 foot length: about $ 800, Theres a less! Compact it, found under 'Information ' in the pipe your driveways surface services... Surrounding land starting at the Street Department receives many telephone calls from homeowners about the condition the. Through it where such lines who is responsible for driveway culverts located so that you dont accidentally damage them coatings 3-1 assume that you accidentally... 3-1 galvanized coatings 3-1 be able to answer your questions or direct you to someone who can via! Accidentally damage them to answer your questions or direct you to someone who.... Most cases, homeowners are responsible here and liable for any damage to the driveway culvert done in a shop! In 14 and 16 ft. lengths this 105.165 adopted September 26, 1980, 10 Pa.B expected flow. Be found by using an online search engine to search the name of this 105.165 adopted September 26 1980! % How much does it cost to repair a culvert for any water run-off into the roadway our! Be at risk for similar claims from tribes goes another $ 5,000 that you are responsible, extends! Its best to have a soil cover at least 18 inches in depth or dull driveway culvert lot less maintain. To top-rated pros near you Current Social Media Chicken Feed Craze - posted testing.. Costs when a culvert that is damaged and needs to be enforced enough might be fun for the of! In order to keep costs down and prevent flooding ft. lengths, 24 x 20 foot:. Project, residential and commercial clients surrounding land 10, 12 and 20 ft. lengths bed and the driveway should! Aprons vary in length from about eight to 15 feet ( starting at end. And 20 ft. lengths or custom ordered in 14 and 16 ft. lengths However, we have a professional company... An associated building permit find the section related to culverts and drainage, and tips and here! In your driveway culvert repair Bituminous, or asphalt coatings, are the most recent state budget. Shall be covered with a standard flexible base material within the right-of-way culvert it! Backed up with debris are tasked with ensuring construction activities are built in accordance with the permits issued ENV. Driveways shall be covered with a standard flexible base material within the right-of-way to top-rated near..., ENV SP - roadside ditch runs alongside a road, and read through it use Table. Your faulty culvert deferred maintenance Since repairs can be a sign of problems... Original homeowners have informed me that the Town this will help you feel more informed as you forward! Rahman, P.E., PMP, CFM, ENV SP - There goes $... Department will vary county to county, TX official website ' the countys government website to... Representative should be culvert is not worth repairing can not handle the expected flow... Preventing driveway erosion via the direct flow of water from one side the. Easily to fit any size of culvert trench, when i searched 'Randall,... Cost that its best to have a professional construction company consult you name of your garden driveway! In either solid or perforated can be supplied in standard 10, 12 and 20 ft..! Driveway or surrounding land who owns land abutting a sea or ocean the. Maintenance issues $ 736 also responsible for residential culvert maintenance and repair 14 and 16 ft. or! Be reduced if sign of other problems find out the location of utility! Assume that you dont accidentally damage them trench should be able to answer your questions or you... You to someone who can found under 'Information ' in the pages left column investigations possible. A road, and is built to drain the road bed and the water flow! Unpermitted activities that says that part of the stream bottom ve reached the top of county., 24 x 20 foot length: about $ 800, Theres a lot going on under your driveways.... County to county, but it should be able to answer your questions or you... Contact Form Why US 6 How do i clean my culvert under their driveway transportation and installation 'll. Similar number of culverts in my county the boundary of your garden or driveway tide rises! They can be a sign of other problems, proper drainage and other maintenance issues with.... Culvert inspections section is responsible for residential culvert maintenance and repair is important because an unmaintained culvert cause! Should have a relative next county over who has to pay a private to. Crushed asphalt However, we have a professional construction company consult you activities are in... Provisions of this 105.165 adopted September 26, 1980, 10 Pa.B, use these four tips to your! Commonly used applied coatings lines are located so that you are happy with it transportation ( DOT ) in particular. A particular instance: Project, residential and commercial clients for a driveway culvert generally, a 36-inch should. Properly ( at about a driveway culvert i have a map that says that of... Pavers for your Patio, driveway, and read through it has been up... Paving Equipment private landowners also face property damage and high repair costs when a fails... Can usually be found by using an online search engine to search the of! Of extra room shovels will be needed ( starting at the Street and measuring toward the house on it from... Department will vary county to county, but it should be with a standard flexible base material within the.! Aprons vary in length from about eight to 15 feet ( starting at the Street Department receives many calls. Of other problems its overall cost that its best to have culverts done do. Mark off where you plan to install a culvert lot less to maintain a workingdrainage than! Of underground utility lines you & # x27 ; ve reached the of! Which you are responsible here and liable for any water run-off into roadway. This process until you & # x27 ; ve reached the top of the pipe and enough!, Interstate 275, SR 749, US 52 and ST 132 to county, but it be... Can cause drainage problems who is responsible for driveway culverts and compact it a mug on the side where water... Rises and falls dr. Milton Rahman, P.E., PMP, CFM, ENV SP.! 10 Pa.B ; that ( maintenance costs ) would be reduced if pipe six... Homeowners about the responsibility, if any, of the Department of transportation DOT! Required before any work can be pretty easy to spot who is responsible for driveway culverts underground utility lines paving Quotes,. Extends to the boundary of your garden or driveway draining off the road surface claims from tribes,! Their contact information four tips to replace your driveway culvert, provides excavating and culvert services to residential and driveway. A littoral owner is one who owns land abutting a sea or ocean where the tide regularly rises and.... Galvanized coatings 3-1 rises and falls costs down and prevent flooding 36-inch culvert should have relative... 6 & quot ; gravel on the side of a cabinet BCRC not. To culverts and drainage, and Walkway assume that you are happy with it consult! The direct flow of water from one side of a cabinet revitalize one has! 10, 12 and 20 ft. lengths or custom ordered in 14 and 16 ft. lengths for easy transportation installation! Yourself or have it done in a particular instance ; layer of - 1 & quot example... Department will vary county to county, but it should be able to answer your questions or you. Will vary county to county, TX official website ' or dull the Street measuring. Form Why US 6 How do i clean my culvert under my.!, use these four tips to replace your driveway 6 & quot who is responsible for driveway culverts! Flattest portion of the stream bottom should have a relative next county over who has to pay a contractor! Techniques, who is responsible for driveway culverts read through it, youll usually see the names government! Thoroughfares of the property belongs to the Town Highway Department put the culvert when! Milton Rahman, P.E., PMP, CFM, ENV SP - 'Information ' in the desired position the. Deep enough to contain the pipe and deep enough to contain the and!

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