HomeMy WebLinkAboutRES NO 036-18RESOLUTION NO. v 3 n — 18
RESOLUTION OF THE BAKERSFIELD CITY COUNCIL IMPOSING
MITIGATION MEASURES OF A PREVIOUSLY ADOPTED
MITIGATED NEGATIVE DECLARATION FOR CHANGE IN ZONE
DISTRICT LOCATED GENERALLY NORTH OF SNOW ROAD
ALONG THE EASTSIDE OF VERDUGO LANE (ZC NO. 17-0072).
WHEREAS, Norris School District (NSD), the property owner, filed an application
with the City of Bakersfield Community Development Department requesting to
change the zone district from County A (Exclusive Agriculture) to City E (Estate) on 8.98
acres of a greater 16.28 -acre site located generally north of Snow Road along the
eastside of Verdugo Lane, as shown in attached Exhibit "A" (the "Project"); and
WHEREAS, the NSD, as Lead Agency, prepared and adopted a Mitigated
Negative Declaration (MND) for the development of a school on the entire 16.28 -acre
site and Staff concurs with NSD that, with mitigation included in the MND, the Project
would not have a significant impact on the environment; and
WHEREAS, the Planning Commission held a public hearing on February March 1,
2018, and approved Resolution No. 21-18, which recommended that the City Council
approve the Project, including subjecting the Project to mitigation measures found in
the adopted MND and contained in Exhibit "B;" and
WHEREAS, the City Council considered all facts, testimony, and evidence
concerning the Project, including the staff report and the Planning Commission's
deliberation and action.
NOW, THEREFORE, BE IT RESOLVED by the Bakersfield City Council as follows:
1. The above recitals, incorporated herein, are true and correct.
2. The Planning Commission's findings as contained in its Resolution No. 21-18
are hereby adopted.
3. The Project is subject to mitigation measures found in the adopted MND
and contained in Exhibit B for the Project located on the map as shown in
Exhibit A, both of which are incorporated herein.
-----000---------
HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the
Council of the City of Bakersfield at a regular meeting held on APR 1 1 1018
by the following vote:
Page 1 of 2 o�gAKF9s
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O p
0AIGINAl-
AVES' COUNCILMEMBER: !H GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN,PARM71T-
NOES: COUNCILMEMBER: jVI ���C.
ABSTAIN: COUNCILMEMBER:
ABSE COUNCILMEMBER: �t J1✓ Ill�� lr,'A
�X
CHRISTOPH GERRY,
ACTING CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
APPROVED APR 1 1291g
j£JQ KA N GOH
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By:
RICHARD IGER
Deputy City Attorney
Exhibits: A Zone Change Map
B Mitigation Measures
By: SE S:\Zone Change\01 Active\201 ]\17-M72 (Norm School)\CC\1st Reading\03_Res\ZC CC 17-0042
Resolufion.docx
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EXHIBIT B
Mitigation Measures for Mitigated Negative Declaration
Zone Change No. 17-0072
Agricultural Resources Mitigation Measures:
1. The NSD shall complete Annexation No. 676 and Zone Change No.] 7-0072 for APN 492-090-
62 before the start of construction. This requires the following: payment for the zone change
processing fee, a legal description, a copy of the Environmental document prepared for the
school site, water availability or "Will Serve" letter, and a signed mitigation agreement.
Air Quality Mitigation Measures:
2. The Norris School District (NSD) will complete the Construction Clean Fleet within 30 -days of
the end of construction. Construction Clean Fleet consists of record keeping for the total
hours of operation for all construction equipment, greater than 50 horsepower, operated on
site. The NSD will also submit to the San Joaquin Valley Air Pollution Control District
SJVACPD), a summary report of the total hours of operation, by equipment type, equipment
model year and horsepower.
3. The NSD will submit a summary report of the construction start, and end date, and the date
of issuance of the first certificate of occupancy to the SJVACPD. All records shall be
maintained on site during construction and for a period of ten years following either the end
of construction or the issuance of the first certificate of occupancy, whichever is later.
Records shall be made available for inspection to the SJVACPD upon request.
4. The NSD shall provide a commitment letter at least 10 days before the start of operation that
identifies the percent of families participating: they must maintain annual records
demonstrating participation. All records shall be retained for ten years and shall be made
available for SJVACPD inspection upon request.
Biological Resources Impact Mitigation Measures:
5. The Metropolitan Bakersfield Urban Development Incidental Take Permit (ITP) Compliance
requirements will be followed by the District. This includes the following: A Biological
Clearance Survey is required no more than 30 days prior to grading activities by a CDFW-
approved Qualified Biologist. The developer must perform daily entrapment inspections and
notify the City immediately if a trapped Covered Species is discovered. If any survey results
find Covered Species on the Project Site, a written Notice of Grading Start is required at least
5 business days prior to any ground disturbance activities. The Notice of Grading Start shall
only be submitted after all required minimization measures are implemented.
Cultural Resources Impact Mitigation Measures:
6. In accordance with guidelines section 15064.5, the School District will ensure that the
following language is included in all construction contracts and permits: "If archaeological
resources or human remains are accidentally discovered during construction, work will be
halted within 50 feet of the find until it can be evaluated by a qualified professional
archaeologist. If the find is determined to be significant, appropriate mitigation measures will
be formulated and implemented."
7. All construction personnel involved in site clearing, subsequent grading, and trenching will gPIKF
be informed of the potential for subsurface cultural resource unearthing. Indicators of of ;9
archaeological site deposits include, but are not limited to the following: Soil that is darker> R,
than the surrounding soils, evidence of fire (ash, fire altered rock and earth, carbon flecks, o
concentrations of stone, bone and shellfish, artifacts of these materials and animal or human lanjoINA4
burials.
zc v-0072
Exhibit A Mitigation Measures
Page 2
8. If cultural resources are encountered during Site grading, or construction activities, all work
shall be halted within 50 feet of the discovery and NSD shall engage a qualified
archaeologist to asses and protect the discovery as appropriate. No further soil disturbance
shall occur within the 50 -foot buffer until the preceding assessment has been completed and
the resource has been recovered.
Due to the possibility that significant buried paleontological resources may be found during
construction activities, the Norris School District will ensure that the following language is
included in all construction contracts and permits: "If paleontological resources are
encountered during subsurface construction activities, all work within 50 feet of the discovery
will be redirected until a qualified paleontologist can evaluate the finds and make
recommendations. If the paleontological resources are found to be significant, they will be
avoided by project construction activities and recovered by a qualified paleontologist.
Upon completion of the recovery, a paleontological assessment will be conducted by a
qualified paleontologist to determine if further monitoring for paleontological resources is
required. The assessment will include: 1) The results of any geotechnical investigation
prepared for the project site; 2) Specific details of the construction plans for the project site;
3) Background research; and 4) Limited subsurface investigation within the project site. If a
high potential to encounter paleontological resources is confirmed, a monitoring plan of
further project subsurface construction will be prepared in conjunction with this assessment.
After project subsurface construction has ended, a report documenting monitoring,
methods, findings, and further recommendations regarding paleontological resources will be
prepared."
10. Because site disturbance may adversely impact undocumented human remains or
unintentionally discover significant historic or archaeological materials, the following policies
and procedures for treatment and disposition of inadvertently discovered human or
archaeological materials will apply. If human remains are discovered, it is probable they are
the remains of Native Americans.
a. If human remains are encountered, they will be treated with dignity and respect as
due to them. Discovery of Native American remains is a very sensitive issue and
senous concern. Information about such a discovery will be held in confidence by all
project personnel on a need to know basis. The rights of Native Americans to
practice ceremonial observances on sites, in labs and around artifacts will be upheld.
• Remains should not be held by human hands. Surgical gloves should be worn if
remains need to be handled.
• Surgical mask should also be worn to prevent exposure to pathogens that may be
associated with the remains.
b. In the event that known or suspected Native American remains are encountered or
significant historic or archaeological materials are discovered, ground -disturbing
activities will be immediately stopped. Examples of significant historic or
archaeological materials include, but are not limited to, concentrations of historic
artifacts (e.g., bottles, ceramics) or prehistoric artifacts (chipped chert or obsidian,
arrow points, ground stone mortars and pestles), culturally altered ash -stained
midden soils associated with pre -contact Native American habitation sites,
concentrations of fire -altered rock and/or burned or charred organic materials, and
historic structure remains such as stone -lined building foundations, wells or privy pits.
Ground -disturbing project activities may continue in other areas that are outside the
discovery locale.
C. An "exclusion zone" where unauthorized equipment and personnel are not permitted
will be established (e.g., taped off) around the discovery area plus a reasonable
buffer zone by the Contractor Foreman or authorized representative, or party who
made the discovery and initiated these protocols, or if on-site at the time or
discovery, by the Monitoring Archaeologist (typically 25-50ft for single burial or
archaeological find).
OkeAHF9J'
d. The discovery location will be secured (e.g., 24 hour surveillance) as directed by the
m
School District if considered prudent to avoid further disturbances.
_
,� o
AAIpIItIAI.,
ZC 17-0072
Exhibit A Mitigation Measures
Page 2
e. The Contractor, Foreman, authorized representative, or party who made the
discovery and initiated these protocols will be responsible for immediately contacting
by telephone the parties listed below to report the find and initiate the consultation
process for treatment and disposition:
• The Norris School District Administrator of District Support Services (661) 387-7020
• The Contractor's Poiri of Contact
• The Coroner of the County of Kern (if human remains found)(661) 868-0100
• The Native American Heritage Commission (NAHC) in Sacramento (916( 373-3710
f. The Coroner has two working days to examine the remains after being notified of the
discovery. If the remains are Native American the Coroner hos 24 hours to notify the
NAHC.
g. The NAHC is responsible for identifying and immediately notifying the Most Likely
Descendant (MLD). (Note: NAHC policy holds that the Native American Monitor will
not be designated the MLD.)
h. Within 24 hours of their notification by the NAHC, the MLD will be granted permission
to inspect the discovery site if they so choose.
i. Within 24 hours of their notification by the NAHC, the MLD may recommend to the
Administrator of District Support Services the recommended means for treating or
disposing, with appropriate dignity, the human remains and any associated grave
goods. The recommendation may include the scientific removal and nondestructive
or destructive analysis of human remains and items associated with Native American
burials.
j. If the MLD recommendation is rejected by the School Dishict the parties will attempt
to mediate the disagreement with the NAHC. If mediation fails then the remains and
all associated grave offerings will be reburied with appropriate dignity on the
property in a location not subject to further subsurface disturbance.
Land Use and Planning Impact Mitigation Measures:
11. If survey results show the presence of species covered under the HCP within the project site,
a written Notice of Grading Start will be required at least business days prior to any grading
disturbance activities. The Grading Start shall only be submitted after all requires HCP
minimization measures are implemented.
If the Biological Clearance survey results show the presence of species covered under the
HCP, the developer must perform daily entrapment inspections and notify the City
immediately upon any trapped species. Species listed under the HCP are: the Blunt -nosed
leopard lizard, Burrowing owl, Least Bell's Vireo, Buena Vista lake shrew, Nelson's antelope
squirrel, Tipton kangaroo rat, San Joaquin kit fox, Alkali mariposa lily, Rose -flowered larkspur,
recurved larkspur, Shevock's golden -aster, San Joaquin wooly threads, and Bakersfield
cactus.
Noise Mitigation Measures:
12. The contractor shall employ appropriate noise suppression attachments (e.g., mufflers, etc.(
on all equipment. Equipment idling shall be kept to a minimum and equipment turned off
when not in use.
Transportation/Traffic Impact Mitigation Measures:
13. The District will assist in road improvements by participating in the Metropolitan Bakersfield
Regional Transportation Impact Fee Program (RTIF). Payment of the associated fees shall be
made prior to any ground disturbing activities at the Site. Results from the Traffic Impact
Study indicated that improvements to intersections would be required regardless of theFgAKFq
proposed Project. Therefore, the District is not responsible for any additional improvements
O m,
beyond those covered under the RTIF.
S:\Zone Change\Ol Acfive\2017\I7-0072 (Noris Schoop\CC\Ist Reading\03_Res\exhibit a Mitigation Meosares.docx
C
ORIOINAL
RESOLUTION NO.
RESOLUTION OF THE BAKERSFIELD CITY COUNCIL IMPOSING
MITIGATION MEASURES OF A PREVIOUSLY ADOPTED
MITIGATED NEGATIVE DECLARATION FOR CHANGE IN ZONE
DISTRICT LOCATED GENERALLY NORTH OF SNOW ROAD
ALONG THE EASTSIDE OF VERDUGO LANE (ZC NO. 17-0042).
WHEREAS, Norris School District (NSD), the property owner, filed an application
with the City of Bakersfield Community Development Department requesting to
change the zone district from County A (Exclusive Agriculture) to City E (Estate) on 8.98
acres of a greater 16.28 -acre site located generally north of Snow Road along the
eastside of Verdugo Lane, as shown in attached Exhibit "A" (the Project"); and
WHEREAS, the NSD, as Lead Agency, prepared and adopted a Mitigated
Negative Declaration (MND) for the development of a school on the entire 16.28 -acre
site and Staff concurs with NSD that, with mitigation included in the MND, the Project
would not have a significant impact on the environment; and
WHEREAS, the Planning Commission held a public hearing on February March 1,
2018, and approved Resolution No. 21-18, which recommended that the City Council
approve the Project, including subjecting the Project to mitigation measures found in
the adopted MND and contained in Exhibit "B;" and
WHEREAS, the City Council considered all facts, testimony, and evidence
concerning the Project, including the staff report and the Planning Commission's
deliberation and action.
NOW, THEREFORE, BE IT RESOLVED by the Bakersfield City Council as follows:
1. The above recitals, incorporated herein, are true and correct.
2. The Planning Commission's findings as contained in its Resolution No. 21-18
are hereby adopted.
3. The Project is subject to mitigation measures found in the adopted MND
and contained in Exhibit B for the Project located on the map as shown in
Exhibit A, both of which are incorporated herein.
--------000---------
I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the
Council of the City of Bakersfield at a regular meeting held on ,
by the following vote:
Page 1 of 2 0"epKe9T
s
� RI
3
v 6
pn101NAl-
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER: RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER
COUNCILMEMBER:
COUNCILMEMBER:
COUNCILMEMSER:
CHRISTOPHER GERRY,
ACTING CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
APPROVED
KAREN GOH
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By:
RICHARD IGER
Deputy City Attorney
Exhibits: A Zone Change Map
B Mitigation Measures
By: SE S:\Zone Change\0I Active\201 ]\ V-0072 )Nom, School)\CC\Ist Reading\03_Res\ZC CC 17-0042
Res.Lfion.docx
Page 2 of 2
0AKF9�
� m
� O
onIQIINAI
OFIOINAL
EXHIBIT B
Mitigation Measures for Mitigated Negative Declaration
Zone Change No. 17-0072
Agricultural Resources Mitigation Measures:
1. The NSD shall complete Annexation No. 676 and Zone Change No.] 7-0072 for APN 492-090-
62 before the start of construction. This requires the following: payment for the zone change
processing fee, a legal description, a copy of the Environmental document prepared for the
school site, water availability or "Will Serve" letter, and a signed mitigation agreement.
Air Quality Mitigation Measures:
2. The Norris School District (NSD) will complete the Construction Clean Fleet within 30 -days of
the end of construction. Construction Clean Fleet consists of record keeping for the total
hours of operation for all construction equipment, greater than 50 horsepower, operated on
site. The NSD will also submit to the San Joaquin Valley Air Pollution Control District
(SJVACPD(, a summary report of the total hours of operation, by equipment type, equipment
model year and horsepower.
3. The NSD will submit a summary report of the construction start, and end date, and the date
of issuance of the first certificate of occupancy to the SJVACPD. All records shall be
maintained on site during construction and for a period of ten years following either the end
of construction or the issuance of the first certificate of occupancy, whichever is later.
Records shall be made available for inspection to the SJVACPD upon request.
4. The NSD shall provide a commitment letter at least 10 days before the start of operation that
identifies the percent of families participating: they must maintain annual records
demonstrating participation. All records shall be retained for ten years and shall be made
available for SJVACPD inspection upon request.
Biological Resources Impact Mitigation Measures:
5. The Metropolitan Bakersfield Urban Development Incidental Take Permit (ITP) Compliance
requirements will be followed by the District. This includes the following: A Biological
Clearance Survey is required no more than 30 days prior to grading activities by a CDFW-
approved Qualified Biologist. The developer must perform daily entrapment inspections and
notify the City immediately if a trapped Covered Species is discovered. If any survey results
find Covered Species on the Project Site, a written Notice of Grading Start is required at least
5 business days prior to any ground disturbance activities. The Notice of Grading Start shall
only be submitted after all required minimization measures are implemented.
Cultural Resources Impact Mitigation Measures:
6. In accordance with guidelines section 15064.5, the School District will ensure that the
following language is included in all construction contracts and permits: "If archaeological
resources or human remains are accidentally discovered during construction, work will be
halted within 50 feet of the find until it can be evaluated by a qualified professional
archaeologist. If the find is determined to be significant, appropriate mitigation measures will
be formulated and implemented"
7. All construction personnel involved in site clearing, subsequent grading, and trenching will
be informed of the potential for subsurface cultural resource unearthing. Indicators of
archaeological site deposits include, but are not limited to the following: Soil that is darker
F0AKF9s
than the surrounding soils, evidence of fire (ash, fire altered rock and earth, carbon flecks,
concentrations of stone, bone and shellfish, artifacts of these materials and animal or human
l-
Z5m
burials.
gHIg11yAl-
zc v-0072
Exhibit A Mitigation Measures
Page 2
8. If cultural resources are encountered during Site grading, or construction activities, all work
shall be halted within 50 feet of the discovery and NO shall engage a qualified
archaeologist to asses and protect the discovery as appropriate. No further soil disturbance
shall occur within the 50 -foot buffer until the preceding assessment has been completed and
the resource has been recovered.
9. Due to the possibility that significant buried paleontological resources may be found during
construction activities, the Noris School District will ensure that the following language is
included in all construction contracts and permits: "If paleontological resources are
encountered during subsurface construction activities, all work within 50 feet of the discovery
will be redirected until a qualified paleontologist can evaluate the finds and make
recommendations. If the paleontological resources are found to be significant, they will be
avoided by project construction activities and recovered by a qualified paleontologist.
Upon completion of the recovery, a paleontological assessment will be conducted by a
qualified paleontologist to determine if further monitoring for paleontological resources is
required. The assessment will include: 1) The results of any geotechnical investigation
prepared for the project site; 2) Specific details of the construction plans for the project site;
3) Background research; and 4) Limited subsurface investigation within the project site. If a
high potential to encounter paleontological resources is confirmed, a monitoring plan of
further project subsurface construction will be prepared in conjunction with this assessment.
After project subsurface construction has ended, a report documenting monitoring,
methods, findings, and further recommendations regarding paleontological resources will be
prepared."
10. Because site disturbance may adversely impact undocumented human remains or
unintentionally discover significant historic or archaeological materials, the following policies
and procedures for treatment and disposition of inadvertently discovered human or
archaeological materials will apply. If human remains are discovered, it is probable they are
the remains of Native Americans.
a. If human remains are encountered, they will be treated with dignity and respect as
due to them. Discovery of Native American remains is a very sensitive issue and
serious concern. Information about such a discovery will be held in confidence by all
project personnel on a need to know basis. The rights of Native Americans to
practice ceremonial observances on sites, in labs and around artifacts will be upheld.
• Remains should not be held by human hands. Surgical gloves should be worn if
remains need to be handled.
• Surgical mask should also be worn to prevent exposure to pathogens that may be
associated with the remains.
b. In the event that known or suspected Native American remains are encountered or
significant historic or archaeological materials are discovered, ground -disturbing
activities will be immediately stopped. Examples of significant historic or
archaeological materials include, but are not limited to, concentrations of historic
artifacts e.g., bottles, ceramics) or prehistoric artifacts (chipped chert or obsidian,
prow points, ground stone mortars and pestles), culturally altered ash -stained
midden soils associated with pre -contact Native American habitation sites,
concentrations of fire -altered rock and/or burned or charred organic materials, and
historic structure remains such as stone -lined building foundations, wells or privy pits.
Ground -disturbing project activities may continue in other areas that are outside the
discovery locale.
c. An "exclusion zone" where unauthorized equipment and personnel are not permitted
will be established (e.g., taped off) around the discovery area plus a reasonable
buffer zone by the Contractor Foreman or authorized representative, or party who
made the discovery and initiated these protocols, or if on-site at the time or
discovery, by the Monitoring Archaeologist (typically 25-50ft for single burial or
archaeological find).
R P KF
9NT
d. The discovery location will be secured (e.g., 24 hour surveillance) as directed by the
o�
School District if considered prudent to avoid further disturbances.
U O
ORIGINAL
ZC 17-0072
Exhibit A Mitigation Measures
Page 2
e. The Contractor, Foreman, authorized representative, or party who made the
discovery and initiated these protocols will be responsible for immediately contacting
by telephone the parties listed below to report the find and initiate the consultation
process for treatment and disposition:
• The Norris School District Administrator of District Support Services (661) 387-7020
• The Contractor's Point(s) of Contact
• The Coroner of the County of Kern (if human remains found)(661) 868-0100
• The Native American Heritage Commission (NAHC) in Sacramento (916) 373-3710
f. The Coroner has two working days to examine the remains after being notified of the
discovery. If the remains are Native American the Coroner has 24 hours to notify the
NAHC.
g. The NAHC is responsible for identifying and immediately notifying the Most Likely
Descendant (MLD). Note: NAHC policy holds that the Native American Monitor will
not be designated the MLD.)
h. Within 24 hours of their notification by the NAHC, the MLD will be granted permission
to inspect the discovery site if they so choose.
i. Within 24 hours of their notification by the NAHC, the MLD may recommend to the
Administrator of District Support Services the recommended means for treating or
disposing, with appropriate dignity, the human remains and any associated grave
goods. The recommendation may include the scientific removal and nondestructive
or destructive analysis of human remains and items associated with Native American
burials.
I. If the MLD recommendation is rejected by the School Disfnct the parties will attempt
to mediate the disagreement with the NAHC. If mediation fails then the remains and
all associated grave offerings will be reburied with appropriate dignity on the
property in a location not subject to further subsurface disturbance.
Land Use and Planning Impact Mitigation Measures:
11. If survey results show the presence of species covered under the HCP within the project site,
a written Notice of Grading Start will be required at least 5 business days prior to any grading
disturbance activities. The Grading Start shall only be submitted after all requires HCP
minimization measures are implemented.
If the Biological Clearance survey results show the presence of species covered under the
HCP, the developer must perform daily entrapment inspections and notify the City
immediately upon any trapped species. Species listed under the HCP are: the Blunt-nosed
leopard lizard, Burrowing owl, Least Bell's Vireo, Buena Vista lake shrew, Nelson's antelope
squirrel, Tipton kangaroo rat, San Joaquin kit fox, Alkali mariposa lily, Rose-flowered larkspur,
recurved larkspur, Shevock's golden-aster, San Joaquin wooly threads, and Bakersfield
cactus.
Noise Mitigation Measures:
12. The contractor shall employ appropriate noise suppression attachments e.g., mufflers, etc.)
on all equipment. Equipment idling shall be kept to a minimum and equipment turned off
when not in use.
Transportation/Traffic Impact Mitigation Measures:
13. The District will assist in road improvements by participating in the Metropolitan Bakersfield
Regional Transportation Impact Fee Program (RTIF). Payment of the associated fees shall be
made prior to any ground disturbing activities at the Site. Results from the Traffic Impact
Study indicated that improvements to intersections would be required regardless of the
proposed Project. Therefore, the District is not responsible for any additional improvements 0AK6'
beyond those covered under the RTIF. ck 9s.,,
S:\Zone Change\01 Active\2017\1700721Nonis SchooQ\CC\let Reading\03_Res\Exhibit B_Mifigation Measurea,docx m
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