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Home My WebLink AboutCorrespondence ODOT 8/29/2007 Department of Transportation ODOT District 5 644 'A' Street Spnngfield, OR 97477 (541) 744-8080 Fax (541) 726-2509 Michael J Wtlbur@odot state or us Theodore R Kulongoslo, Governor CERTIFIED MAIL -----1 -I-~ ~~P1~'\ August 29, 2007 Amigo's 111, LLC c/o Ronald E. Thienes P O. Box 25 Walterville, Oregon 97489 Ftle Code: PMT 4-33 Notice of Removal of Unpermitted Approach Highway Number 015, (McKenzie), at Mile POint 6.48 Application Number 6915 It has come to the attention of Oregon Department of Transportation (ODOT) that you have an approach at the above location providing access to your property Our records indicate that you do not have a valid permit. This letter shall serve as your ~O ~ notice to remove the unpermitted approach from the state highway right-of-way. You may submit an application for the approach or provide proof that the approach was In existence prior to 1949 Subject: Be aware that an application does not necessarily mean a permit can be issued. There are a number of issues that you will need to resolve, including adequate and safe sight distance, approach spacing standards, appropriate drainage pipe installation and required paving. Please contact ODOT as soon as possible to adVise us of how you choose to xoceed in this matter because your unpermitted approach at mrg]W'~y rrqrn~1j,~::~!i{.<<~BJjI{~~~ will be closed as of September 2th 2007. -- "" The Oregon Department of Transportation (ODOT) has the responsibility of providing the traveling public a safe and effiCient transportation facility, free from hazards or impediments. ORS 374.310(2)' charges the state to manage Its highways "in the best Interest of the public for the protection of the highway or road and the traveling public." ORS 374.005 states that the regulation of the highways is "necessary for the preservation of public safety, the improvement and development of transportation facilibes in the state, the protection of highway traffic from the hazards of unrestricted and unregulated entry from adjacent property, the elimination of hazards due to hlghway grade intersections and in general the promotion of public welfare." An approach must meet the requirements in Oregon Administrative Rules, Chapter 734, Oivision 51. ORS 374.305 states that: 1 . If you would hke a complete copy of the Oregon ReVised S~atut-es, Chapter 374, you may obtam them by eIther \I'el-tln" +hc UI.ohe.to 0+ h++n u",^",^U Ion et~+o nr Ile/"re/~7A ~ Removal of Illegal Approach Highway r ler 015, (McKenzie), at Mile POint 6 48 Application Number 6915 Wed".."Jc.Y, August 29, 2007 Page 2 (1) No person, firm or corporat~on, may place, bUild or construct on any State highway right-of-way, any approach road, structure, pipeline, ditch, cable or Wire, or any other facWty, thing or appurtenance without first obtaimng written permiSSIon from ODOT. (2) After wntten notice of not less than 10 days to the permittee and an opportunity for a hearing, the department with respect to crossings over a state highway and the county court or board of county cbmmissioners with respect to crossings over a county road may abolish any crossing at grade by a private road or may alter or change any private road crossing when the public safety, public convenience and the ~eneral welfare require the alterat~on or change. ORS 374.307 states that: (1) If any person, firm or corporation builds or constructs on the right of way of any state hIghway or county road any approach road or any other facility, thmg or appurtenance WIthout first obtaining the written permission required by ORS 374.305, the Department of Transportation or the county governing body shall, after the expiration of 30 days following the transmittal of a written notice to such person, f~rm or corporat~on, at the expense of such person, ftrm or corporatIon, remove aU such installations from the right of way or reconstruct, repair or maintain any such Installation in accordance with or as required by the rules and regulations. This expense may be recovered from such person, firm or corporatIon by the state or county in any court of competent judsdiction. (2) Notwithstanding subsection (1) of this section, if the Department of Transportation, county governing body or designated agent of the department or governing body, whichever is applicable, determines that a traffic or pedestrian hazard is created by the construction which causes imminent danger of personal injury, it may: (a) Order the construction removed, repaired or maintained to eliminate the hazard, Within 24 hours after delivery of written notice to the person, firm or corporation which caused the construction, and to the owner of the property on which the construction occurred. (b) If the hazard IS not removed WIthin the time set under paragraph (a) of thiS subsection, remove the hazard and recover the expenses of any removal, repair or maintenance from any such person, firm or corporation in any court of competent JUrisdiction If you have further questions or wish to pursue obtaimng an "Application for an Approach to a State Highway", please feel free to contact Michael Wilbur, Permit Specialist at (541) 744-8080 Thank you for your prompt attention to this matter. Sincerely, ~_ /,7, /? ,- -~~~,/-'-~~/ ~c /~/; / ...../'- - ~ Ike eth, District Manager o T DIstrict 5, Maintenance Office cc. DaVId Warren, Regional Access Management Engineer Michael Wilbur, Permit Specialist