HomeMy WebLinkAboutCorrespondence ODOT 9/28/2009
.
Theodore R. Kulongoski. Governor
Department of Transportation
ODOT District 5
644 'A' Street
Springfield, OR 97477
(54]) 744-8080
Fax: (541) 726-2509
AaronJ .Ketch@odot.state.or.us
File Code: PMT 4-12
VIA Certified Mail
RECEI,VED
September 25, 2009
, SEP 28 2009
By: out? ( k_GOrre~p~~
,..' l o-f- 3C?~
Phillip and Deanna Copeland
CopelansJ 0 Investments LLC 2
37124 Hills Creek Road
Springfield, OR 97478
Subject:
Notice of Denial of Application for State Highway Appr;oach and
Appeal Options
Highway Number 015, (McKenzie),
at Mile Point 4.27
Application Number 9781
Dear Phillip and Deanna Copeland:
The Oregon pepartment of Transportation (the Department) has" reviewed your
Application for State Highway Approach pursuant to the applicable administrative rules
set forth in Oregon Administrative Rule (OAR) 734 Division 51.1 The Department is
unable to approve your request, and therefore the aj:tached Application for State
Highway Approach is denied,
The State of Oregon is required to manage its highways "in the best interest of the
public for the protection of the highway or road and the travelling public," and the
Department is charged with providing a safe and efficient transportation system.2
Accordingly, the Departmenthas determined that your request falls within the purview of
Division 51 and has made its decision based upon the criteria in the attached findings.
The following are requirements of this denial:
. The.existing approach to the McKenzie Highway at engineering station 164+76 is
denied and required to be removed. Removal shall consist of approach removal
with gutter, curb and sidewalk construction in its place.
1 If you would like a complete copy of the Chapter 734 Division 51 Rules, you may obtain them by either
visiting our website at: htto:/Iwww.oreoon.oov/ODOT/HWY/ACCESSMGT/ or by contaCting ODOT's Rules
Coordinator at (503) 986-3171. "
2 ORS374.305. A copy of the Oregon Revised Statutes, Chapter 374 may be obtained 'at:
htto:/Iwww.leo.state.or.us/ors/374 hlml.
:'
.
Notice of Denial of Application for State"Highway Approach and
" And Appeal Option
Highway Number 015, (McKenzie), at Mile Point 4.27
Application Number 9781.
Friday, September 25,2009
Page 2
· The tree encroaching into the sidewalk at the east corner of the existing
approach leaves less than three feet of usable pedestrian walkway. This tree
shall be removed and sidewalk reconstructed in its place.
· Due to the special circumstances of the highway median negatively impacting the
safety of the proposed approach; ODOT has secured special funding for removal
of the approach and tree. ODOT will fully fund and administer a contract for the
completion of the above required mitigation with no cost to the applicant.
Appeal Options
You may appeal this decision by submitting a request in writinc for either a Region
Review or a Contested Case Hearing.
A Region Review is conducted pursuant to OAR 734-051-0345. It is an informal
process that allows you to explain your objections and to present additional information
in writing or in person to a panel of ODOT staff who were not involved in the decision
regarding your Application for State Highway Approach. The provisions of OAR 734.
051-0345 require that you include in your request for a Region Review the
documentation that you will rely upon during the Region Review. The Region Review
panel will consider all of the information presented and may recommend either
upholding the original decision or considering alternative decisions to resolve the
disagreement. The Region Manager reviews the panel's recommendations and makes
the final decision to approve, modify, or reverse the original decision. !:
A Contested Case Hearing is a formal hearing conducted by a Hearing Officer of the
Office of Administrative Hearings pursuant to OAR 137-003-0501 through 137-003-
0700. The Office of Administrative Hearings is not a part of the Department of
Transportation. The Hearing Officer will consider all information presented and decide
whether the Department's original decisions are consistent with the: requirements of
OAR 734-051. The Hearing Officer usually decides in favor of, or against, the
Department's original decision and does not offer alternative solutions to resolve any
disagreements.
If you requesta Region Review and are not satisfied with the outcome, you may request
a Contested Case Hearing at that time. You may also choose to skip the Region
Review altogether and proceed directly to a Contested Case Hearing.
The Department must receive your request for either a Region Review or a Contested "
Case Hearing within twenty-one (21) calendar days of the date of this letter. If your'
request is not received within this time period, your right to a Region Review or a
Contested Case Hearing is considered waived,
Notice of Denial of Application for 5tate:Highway Approach and
, And Appeal Option
Highway Number 015, (McKenzie), at Mile Point 4.27
Application Number 9781.
Friday, September 25, 2009
Page 3
.
If you withdraw a request for a hearing, if you notify the Hearing Officer that you will not
appear, or if you fail to appear at a scheduled hearing, then ODOT's Executive Deputy
. Director may issue a final order by default. In that case, ODOT designates its files on
this matter as the record.
If you wish to request either a Contested Case Hearing or a Region Review, please
send your request to: '
Jane S. LEE
ODOT Region 2 Manager
455 Airport Rd Sldg #S
Salem, OR 97301
ODOT's Appeals Coordinator will contact you after the request is recei'{ed by ODOT.
II
If you would like to .discuss this decision further or your appeal options, ,please contact
Jeffrey Lange, Access Coordinator at (541) 744-8080.
Mike aeth, District Manager
ODOT District 5, Maintenance Office
Attachments
c: David Knitowski, Regional Access Management Engineer
Aaron Ketch, Permit Specialist
Ann Zeltmann, Access Management Appeals Coordinator
Office of Administrative Hearings, Transportation Hearings Divisiion