HomeMy WebLinkAboutord1982-0621
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DATE: August 19, 1982 INTRODUCED BY :. Hansey
PROPOSED BY: Planning Department
ORDINANCE NO. 82 -62
AN ORDINANCE AMENDING THE WHATCOM COUNTY SHORELINE
MANAGEMENT PROGRAM SECTION 6.6 AND 6.13, WHATCOM
COUNTY CODE TITLE 18,AFFECTING STREAM CONTROL
WORKS AND TO EXPLICITLY PROVIDE FOR SMALL SCALE
HYDRO- ELECTRICAL PROJECTS
WHEREAS, it is in the best interests of Whatcom County and
the State.of Washington to provide for the regulated development of
small scale hydro -power projects on streams and rivers under the
(jurisdiction of the Whatcom County Shoreline Mangement Program;
and,
WHEREAS, Whatcom County has received notice for 17 proposed
hydro -power .projects located on the streams that fall under the
jurisdiction of the County Shoreline Management Program; and,
WHEREAS, the current County Shoreline Management Program
does not contemplate or address the development of small scale
hydro -power projects, their associated diversion structures, or
other types of stream control works for purposes other than flood
control; and,
WHEREAS, the Whatcom County Planning Commission has recom-
mended approval of certain amendments to the County Shoreline
Program which are attached hereto as Attachment "A" and exhibits
attached thereto.
NOW, THEREFORE, BE IT ORDAINED that the Whatcom County
Shoreline Management Program be and hereby is amended in accordance
with and annexed hereto as Attachment "A" and the exhibits annexed
thereto.
APPROVED this 2nd day of Sentemh-r , 1982.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
ATT
er ^o T oun i
Vr a . ,
Council Chairman
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(j APPROVED ( ) VETOED
JOH)r L UWS,
Co my Executive
September 7, 1982
DATE
Published August 31, 1982 and September 13, 1982
This Ordinance becomes effective on September 17, 1982
ORDZN&NCE - 2.
EXHIBIT 4
Plead Stream Control )rks
6.6 F1699H STREAM CONTROL WORKS
1. F1696H STREAM CONTROL WORKS- GENERAL POLICIES
A. Optimum Use
Finding Streamways and flood plains are high risk locations for most forms of ur-
ban or intensive development. Such shorelines are limited, irreplaceable natural resource
complexes which generally yield highest returns to the region in a non - intensively developed
or natural condition through multiple use for agriculture, outdoor recreation, forestry, flood
plain management, and fish and wildlife management.
Policy: ' Streamways and flood plains should be reserved for uses which are compat-
ible with long term sustained yield use of streamway waters and shoreline. More intense
development endangered by or not requiring such locations, or which would require flood
stream control works to prevent flood damage, should be directed to more suitable locations.
B. Coordination:
Finding Flood stage flows and erosion in streamways are natural occurrences which
cannot be prevented, but whose negative effects can be controlled through works and /or
flood plain management. Short term, inadequately designed, or uncoordinated efforts by pub-
lic and private entities to control flood effects will not likely lead to protection for all af-
fected persons, and may result in increased damages for some while others are protected.
Policy: Flood control programs should be long term and coordinated among persons
and agencies. In cooperation with other concerned agencies and persons, the County should
develop a long term, comprehensive plan for management of local streamways, and especially
for the Nooksack River. Such a plan should aim toward preventing needless flood damages,
maintaining the natural hydraulic, capacity of floodways, and conserving valuable, limited re-
sources such as fish, water, soil and recreation and scenic areas.
C. Use Conflicts, Multiple Use:
Finding Some flood Stream control works have potential for adverse impact upon
some appropriate uses of streamway resources such as recreation and fish and wildlife
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Heed Stream Control -'-)rks
management. Single purpose development of such works will likely lead to substantial reduc-
tion in a streamway's high value as a multi- faceted resource complex.
Policy: Such works should be made compatible with appropriate uses of streamway
resources over the long run. The need for continued multiple use of streamways must be
given consideration, especially shorelines of state -wide significance.
D. Geo- hydraulics:
Findirig Streamways large and small are dynamic, balance- seeking natural resource
systems in which geo- hydraulic processes of accretion, transport and erosion have interde-
pendent, equally vital roles. Flood Stream control works are either designed to, or may inci-
dentally but substantially, interfere with such shore processes with potentially adverse im-
pact on valuable shore features through higher flood levels or accelerated erosion. These
basic dynamic processes have established streamway and flood plain environments to which
biologic communities and man must either adapt to or alter at great cost and possibly with
loss of resources.
Policy: Heed Stream control works should be located, designed, constructed and
maintained so their resultant effects on shore processes will not cause significant damage to
other properties or valuable resources, and so that the physical integrity of the shore process
corridor is maintained.
E. Necessity and Purpose:
Finding There is a need for flood control works in limited instances to protect
valuable public works, agricultural operations, and other structures in flood hazard areas
whose preservation is in the public interest. However, some development has unnecessarily
been placed in stream bank or flood plain locations without consideration for the inevitable
risk from such location.
Policy Flood Stream control works for the purpose of flood control should be per-
mitted only when the primary use being protected is consistent with this program, and the
works can be developed in a manner compatible with multiple use of streamway and associ-
ated resources for the long term.
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Flood Stream Control Works
Finding: In addition to stream control works to control flooding, other works are
sometimes necessary in order to utilize water resources; such uses include, but are not
limited to, irrigation, hydroelectric power generation, fish and wildlife habitat enhancement,
and potable water.
Policy: Stream control works for primary purposes other than Flood Control should
be permitted only when the primary development will be consistent with the policies and re-
gulations of this program and the stream control works can be developed in a manner compa-
tible with multiple use of the streamway and associated resources, such as wildlife habitat,
water duality: aesthetics and recreational resources.
F. Water Quantity:
Finding Controlling erosion, streamflow rates or flood waters is usually a primary
purpose of €feed stream control works. Planned effects of such works are often beneficial,
even essential, to community or regional well- being, as well as sometimes being detrimental
to the public interest if negative side effects outweigh the positive primary effects.
Policy: Such works should be located, designed, constructed, and maintained so that
net impacts related to water quantity are beneficial. Storm runoff peaks, seasonal shortages
or fluctuations in natural water levels which are adverse to other appropriate shore uses and
valuable resources should be lessened or prevented rather than increased. Hydraulic storage
capacity of floodways and natural wetlands should be maintained.
G. Water Quality:
Finding Flood Stream control works have potential for both adverse and beneficial
effects on water quality and water quality levels which are extremely important to continued
multiple use of streams.
Policy: Maintaining water quality where presently high, or helping to restore water
quality where presently low, should be a priority objective of all #seed stream control works.
Ift
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Flood Stream Control _ "orks
H. Fish and Wildlife:
Finding Heed Stream control development has potential for both adverse or bene-
ficial impact on fish, wildlife and other biologic resources of value to the region. Adverse
impacts can be widespread or long term as well as localized or brief.
Policy: Such proposals should be carefully assessed for their probable impact on fish
and wildlife resources and the aquatic food chain. Conservation of such resources should be a
priority consideration in approving such works.
I. Esthetic Values:
Finding; Certain flood stream control measures have adverse impact upon generally
high esthetic values of local shorelines.
Policy Such works should be located and designed to minimize negative impact on
shoreline scenery and natural diversity or shore features whenever possible.
J. Related Development:
Policy Policies and regulations in other sections of this program may be applicable
to development related to flood stream control works including but not limited to Mining,
Dredging, Landfill, Agriculture, Roads and Railways and Shore Defense Works.
2. F1600D STREAM CONTROL WORKS - DEVELOPMENT POLICIES
A. Geo- hydraulic Considerations:
The life span of bank revetments or bank dikes is largely a function of channel
gradient, current velocity, and composition of native bank material. Erosion or Heed stream
control works must be located and designed to fit the physical character and hydraulic energy
potential of a specific streamway reach, which may differ substantially from adjacent
reaches upstream or down. Different results from similar flood stream control works can
characteristically be expected in each of the four geo- hydraulic streamway zones: Cobble -
Boulder, Gravel, Pastoral, and Estuarine. (See illustrations in Appendix E).
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,Feed Stream Control 'orks
(1) The Cobble - boulder Zone is the most active in terms of velocity, ero-
sion, and white water display; flooding is not normally a problem here. As
an alternative to structural revetments on erosion prone banks, indirect
means of more natural character such as engineered addition of or shifting
of boulders in the channel will improve channel stability and natural energy
dissipation capacity. Because Cobble - boulder zone streamways experience
a higher net rate of erosion, and their valley are often narrow and sharply
limited in area, flood stream control works are often more justifiable there
than in the Gravel (often braided) zone.
(2). The Gravel Zone has a much more evenly balanced ratio between ero-
sion and accretion, and its braided streamway and associated flood plains
are .much wider than the upstream Cobble - boulder Zone. Stream currents
continually reshuffle sand and gravel from eroding banks to accreting point
or channel bars, and meander bends progress downstream more rapidly or
change positions more frequently than in any other zone. Because rapid
channel changes during high flood stage are characteristic, isolated bank
revetments or bank levees are necessarily short term solutions having even-
tually (singly or in combination) hard -to- predict effects on natural channel
shifts.
01,
Such works may deflect eroding currents to other unprotected banks, thus
�. leading to demand for more structural works. Long term development of
isolated bank revetments and/or levees may eventually lead to channeliza-
tion of entire reaches of the streamway, with resultant long term damage
to economic, biologic, and recreation resources. Thus, revetments, levees
or dikes should not be developed on the low, innermost channel banks in the
streamway of the Gravel Zone except to protect public works, railways,
and existing commercial farmsteads.
(3) Bank erosion in the lower gradient Pastoral Zone occurs at consider-
ably lower rates than in the steeper Cobble - boulder and Gravel zones;
banks are often high and composed of silty sand; normal current turbulency
is lower. The floodway is often little wider than the streamway proper;
meander bends are larger and have a slower progression rate than in the
Gravel Zone. Thus, bank revetments and low bank levees are much more
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F4eed Stream Control )rks
appropriate here in terms of long term utility as well as conservation and
multiple use of resources. Alternative control measures include groins on
bends and current deflectors to entrap silt during flood stage when turbu-
lent waters are loaded with suspended particles. However, even in this
lower velocity zone, car body, solid waste dumping and other forms of un-
coordinated, trial -and error control works will normally hasten and /or in-
crease localized erosion, and should not be permitted.
(4) Estuarine Zone - In this lowest gradient zone, channels are relatively
stable and erosion free, especially in the low surge plain reach. Dense root
mattings hold water - saturated, adhesive clay -silt soils in place, and cur-
rents are periodically reversing due to tidal currents. For the above rea-
sons, because the highest and best use of local estuaries is multiple use for
seafood nurseries, fish and wildlife habitat, nature observation and open
space, and because such shorelines are unsuitable for or less productive for
other uses, Reed stream control works should not be permitted on estuarine
shorelines.
B. Dike. and Levee Design:
(1) In order to prevent higher than necessary flood damages, and to better
utilize the unique complex of natural resources associated with streams, al-
ternatives to traditional bank levees, dikes and /or floodwater storage be-
hind dams must be sought and given consideration. An acceptable public
flood control program must prevent and reduce flood damages, while retur-
ning costs to the public through long term, multi- purpose benefits. "Tan-
gent" (setback) or "chord" diking where appropriate will result in lower
flood peaks and velocities, and lower dike costs because of less height and
length, and far more effective conservation of streamway resources than
with high bank levees.
(2) Where works are necessary in the low gradient Pastoral zone, "chord"
diking is strongly preferred to continuous bank levees. Works should be set-
back at convex (inside) bends to allow streams to maintain point bars and
associated aquatic habitat through normal accretion. Where bank dikes
have already cut off point bars from the streamway, consideration should
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Feed Stream Contro orks
be given to their relocation in order to lower flood stages and current
velocities.
(3) Where dikes are necessary in the intermediate gradient gravel zone to
protect floodway fringe areas, tangent diking is preferred over bank le-
vees. Works should be located near the tangent to outside meander bends
so that the stream can maintain normal meander progression and utilize
most of its natural flood water storage capacity. This zone has a much
higher value as fish and wildlife habitat and recreation area than the other
geo- hydraulic zones.
C. Channelization:
Channelization projects which would result in significant damage to fish and wildlife
resources, recreation and esthetic resources, or higher flood stages and velocities should not
be permitted when alternatives are available, particularly on Gravel Zone streamways.
D. Preferred Design:
(1) Types of control works which are more natural in appearance, more
compatible with on -going shore processes, and more flexible for long term
streamway management are preferred, such as protective berms, or vege-
tative stabilization including brush matting and buffer strips; existing
trees, bushes and grasses should be left on stream banks whenever possible.
(2) Natural streamway features such as snags, uprooted trees, or stumps
should be left in place unless actually causing bank erosion or higher flood
stages.
(3) Fleed Stream control works should allow for normal ground water
movement and surface runoff flow into the streamway.
(4) All Feed Stream control works should be sited and designed to pro-
vide:
Flood Stream Control -- 'corks
(a) Protection of water quality and natural ground water move-
ment,
(b) Protection of valuable fish and other life forms and their habi-
tat vital to the aquatic food chain,
(c) Preservation of valuable recreation resources and esthetic
values such as point and channel bars, islands, and braided stream-
way banks,
(d) Location of bank revetments only on outer, concave bends, and
(e) Selection of materials in conformance with applicable engi-
neering standards. Aggregate should not be mined from stream
beds for such purposes unless specifically authorized under appli-
cable regulations.
E. Professional Design:
Recognizing the large number of physical variables to be considered in properly loca-
ting and designing flood stream control works, especially dams and weirs, and the high proba-
bility that poorly located and inadequately designed works will fail and /or cause adverse im-
pact on other properties and shore features, then such works should be sited and designed
consistent with appropriate engineering principles, including guidelines of the U.S. Soil Con-
servation Service and Corps of Engineers.
In addition, consideration of environmental principles should be incorporated into the
siting and design of all stream control works. Agencies able to offer professional environ-
mental expertise to project proponents include the State Department of Ecology, the State
Department of Fisheries, the State Department of Game, the U.S. Fish and Wildlife Service
and the U.S. Natinal Marine Fisheries Service.
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Heed Stream Control W -irks
F. Multiple Use, Public Access:
(1) Provision for continued long term multiple use of streamway resources
and space by all appropriate user groups should be made in the design of
flood stream control works.
(2) Design of public works should provide access to public shorelines when-
ever possible, and should not result in a decrease of access or public use po-
tential of such shorelines. In design of publicly financed or subsidized con-
trol works, consideration should be given to providing public pedestrian ac-
cess_ to shorelines for low- intensity outdoor recreation whenever possible.
G. Sensitive Areas:
Flood Stream control works of rigid artificial character should not be developed on
certain streamway shores where valuable natural geo- hydraulic or biologic processes are cri-
tical to optimum multiple use or conservation of shore resources, including, but not limited
to, point bars, islands in braided channels, eddies, or natural wetlands.
3. FLOOD STREAM CONTROL WORKS - REGULATIONS
A. Shoreline Area Regulations:
(1) Urban: Flood Stream control works are permitted subject to poli-
cies and regulations.
(2) Urban Resort: Flood Stream control works are permitted subject
to policies and regulations.
(3) Rural: Flood Stream control works are permitted subject to poli-
cies and regulations PROVIDED, that channelization or dams may be per-
mitted as a conditional use.
(4) Conservancy: Flood Stream control works are permitted subject
to policies and regulations; PROVIDED that channelization or dams for
flood control are prohibited, dams for hydroelectric power generation are
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Flood Stream Control ,rks
permitted as a conditional use; PROVIDED FURTHER that natural charac-
ter erosion control means or current deflectors are to be utilized instead of
bank revetments whenever possible.
(5) Natural: Feed Stream control works are not permitted.
(6) Aquatic: Flood Stream control works are prohibited except dams
are permitted subject to policies and regulations; PROVIDED that dams are
prohibited adjacent to a Conservancy or Natural Shoreline Area. Aquatic
shoreline areas include streams that are designated shorelines of state -wide
significance pursuant to Chapter 4 of this program.
B. General Regulations:
(1) Water Quality: All forms of flood stream control works shall be
constructed and maintained in a manner which does not degrade the quality
of affected. waters. The County may require reasonable conditions to
achieve this objective such as setbacks, buffers, or storage basins.
(2) Professional Design: The County may require professional design
of any proposed flood stream control work if it is determined that suffi-
cient uncertainties exist. Grounds for such determination shall be inade-
quate information on local physical conditions, or on potential negative ef-
fects of the proposal upon the public safety, nearby properties and valuable
shore features.
The design of all dams under Shorelines Program jurisdiction and the suit-
ability of the proposed site for dam construction shall be certified by a pro-
fessional engineer licensed in the State of Washington. The professional
design shall include a maintenance schedule.
(3) Assurance of Consistency:
(a) In order to assure that €feed stream control works are consis-
tent with this program as required by the act (RCW 90.58.140(1)),
no flood stream control works may commence or be removed or
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Heed Stream Contro' Forks
materially altered on shorelines without the developer having ob-
tained either a shoreline permit or a statement of exemption from
Whatcom County. PROVIDED, that no Statement of Exemption is
required for emergency deed stream control works which need to
be constructed immediately to protect property damage by the ele-
ments.
(b) Normal maintenance and repair of existing flood stream con-
trol works, and emergency construction necessary to protect pro-
perty from damage by the elements are exempt from the shoreline
permit requirements.
(4) . Necessity and Purpose: Flood Stream control works shall be per-
mitted for the following purposes only; PROVIDED, that such works will
not adversely affect other real property or valuable natural resources:
(a) Protection of public works, including roads and bridges, rail-
ways, and utility systems.
(b) Protection of established commercial agricultural develop-
ment, and
(c) Protection of other valuable properties or natural features.
(d) Utilization of water resources for power generation.
(e) Enhancement of instream values and aquatic resources, inclu-
ding fisheries management.
(5) Streamway Integrity:
(a) Bank revetments where permitted shall be placed at the ex-
treme edge or bank of the streamway.
(b) Dikes shall not be placed in the streamway, except for current
deflectors necessary for protection of bridges and roads.
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F4eed Stream Contrc 'orks
(c) Levees shall be limited in size to that height required to pro-
tect adjacent lands from the predictable annual flood.
(d) Dikes designed to protect adjacent lands from floods greater
than the annual flood shall be setback to (1) the outer limit of the
100 -year floodway on the Nooksack River and its forks, or (2) the
outer limit of the 20 -year floodway on all streams other than the
Nooksack River.
(6) Sensitive Areas:
Fleed Stream control works are neither permitted on estuarine shores nor
in natural wetlands, nor on point and channel bars, nor in salmon and trout
spawning areas. -, except for the purpose of fish or wildlife habitat enhance-
ment.
(7) Bank Vegetation Maintenance:
(a) Existing stream bank vegetation shall be preserved to the
maximum feasible extent during flood control development.
(b) Cut -and -fill slopes and backfilled areas shall be revegetated
with grasses, shrubs, or trees visually compatible with natural
stream bank vegetation.
(8) Junk Revetments:
No junk motor vehicles, appliances nor parts thereof, nor structure demoli-
tion debris, nor any other solid waste shall be used for deed stream control
works; PROVIDED, that with approval by the County Engineer; (1) clean,
broken -up concrete may be so used if metal re- inforcing material does not
protrude therefrom after placement, and (2) certain other solid waste items
such as rubber tires may be so used.
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Flood Stream Control ..orks
(9) State Permit Approval:
No € ood stream control works may commence in a streamway without the
developer having obtained a Hydraulics Approval or exemption thereof
from the State Department of Fisheries and Game pursuant to RCW
75.20.100.
No flood stream control works may commence in the flood plain or stream -
way of the Nooksack River as contained within State Flood Control Zone
No. 8 without the developer having obtained a Flood Control Zone Permit
or exemption thereof from the State Department of Ecology pursuant to
RCW 86.16.
No stream control works for the purpose of impounding and /or diverting
water may commence without the developer having obtained a Water Right
permit and %or a Reservoir permit from the State Department of Ecology
pursuant to RCW 90.03.
(10) Dam Safety:
This section shall only apply to dams and impoundments that are not regu-
lated by either the Federal Energy Regulatory Commission under the licen-
sing procedure, or the State Department of Ecology under the Reservoir
permit requirement.
(a) For all dams, a construction bond for 150% of the cost of structure
shall be filed with the Director of the Public Works Department
prior to construction.
(b) Prior to the construction of all dams, a maintenance agreement
shall be submitted to and approved by the Director of the Public
Works Department. This agreement shall specify who is respon-
sible for maintenance, shall incorporate the maintenance schedule
specified by the design engineer, shall require annual inspections by
a Civil Engineer licensed in the State of Washington and shall sti-
pulate abandonment procedures which shall include, where appro-
priate, provisions for site restoration.
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Flood Stream Control Works
Appendix C Definitions
52. Flood Control Works means all struetures and work en rivers and streams designed to
retard bank eresien, to reduee deeding of adjseent lands; to eentre} er divert Stream
flew; or to ereate a reservoir; ineiuding but net limited !e revetments; dikes; levees,
ehannelieatien; darns, vegetative stabilization; weirs, flood and tidat gates: Exeiuded
are water pump apparatus: See definition No. 146, Stream Control Works; all refer-
ences to Flood Control Works herein are to be read as Stream Control Works.
146. Stream Control Works means all development on rivers and streams designed to retard
bank erosion, to reduce flooding of adjacent lands, to control or divert stream flow, or
to create a reservoir, including but not limited to revetments, dikes, levees,
channelization, dams, vegetative stabilization, weirs, flood and tidal gates. Excluded
are water pump apparatus.
72. Industrial Development means privately operated facilities for processing, manufac-
turing, and storage of finished or semi - finished goods, including but no limited to oil,
metal or mineral product refining, power generating facilities, including hydropower,
ship building and major repair, storage and repair of large trucks and other large vehi-
cles or heavy equipment, related storage of fuels, commercial storage and repair of
fishing gear, warehousing and log storage on land or water, together with necessary
accessory uses such as parking, loading, and waste storage and treatment. Excluded
from this definition are mining including on -site processing of raw materials, and off -
site utility, solid waste, road or railway development.
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Heed Stream Control Works
6.13 PORT AND INDUSTRIAL
2. General Policies
J. Related Development
Policy: Policies and regulations in other sections of this program will apply to uses
and works ancillary to port or industrial development including but not limited to:
Dredging, Landfill, Roads and Railroads, Utilities and Solid Waste, Piers, Shore
Defense Works, Flood Stream Control Works, and Signs.
5. Regulations
C. Tabular Regulations
(1) Shore Setback and Buffer:
Table P -1 establishes a minimum setback from OHWM for all port or indus-
trial development which does not require a water's edge or water surface
location; PROVIDED that on erosional or otherwise geologically unstable
bluffs or banks, or marsh shorelines, such setbacks shall be from the near-
est respective bluff crest or natural wetland edge rather than OHWM up to
the 200 foot limit of the act's jurisdiction; PROVIDED FURTHER that the
shore setback shall not apply to hydro - electric generating facilities that
are adequately flood proofed, and buffered from adjacent uses and the
streamway, to the maximum extent possible. Such facilities shall include
but not be limited to powerhouses, penstocks, on -site roads and transmis-
sion lines and limited parking for maintenance of facility.
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