HomeMy WebLinkAboutCorrespondence ODOT 9/3/2008
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Department of TransportatIOn
ODOT District 5
644 'A' Street
Springfield, ~R 97477
(541) 744-8080
Fax: (541) 726-2509
Michael.!, Wilbur@odot.state.or.us
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August 28, 2008
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VIA CERTIFIED MAIL
File Code: PMT 4-16
Jim Polston
City of Springfield
225 5th Street
Springfield:OR 97477
Subject:
Approval of Application for State Highway Approach with Mitigation
Highway Number 228, (Springfield),
at Mile Point 1.25
Application Number 8056
Dear Jim Polston:
I am pleased to inform you that the Oregon Department of Transportation (ODOT) has
approved your Application for State Highway Approach. The Department's approval
includes mitigation measures described below,
Before you begin any work in the highway right of way, the Department must approve
your construction drawings and plans and issue you a Permit to Construct. This letter
provides instructions for appeal rights regarding the mitigation measures.
The following mitigation measures will become terms and conditions of your Permit to
Construct:
1, This approach is approved as a restricted, access approach. The approach shall
be gated and restricted to entrance and exit of official police vehicles only.
2. Applicant shall design the approach so entering or exiting vehicles do not queue
onto the highway.
3, Applicant shall comply with all State and Local Agency requirements prior to
issuance of a "permit to Operate, Maintain and Use Approach".
Options to Appeal Mitigation Measures
If the mitigation measures are not acceptable to you, then you may appeal them by
submitting a request in writinq for either a Region Review or a Contested Case Hearing.
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Date. Received:
Planner: AL
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Approval of Application with .tion for State Highway Approach
Highway Number 228, (Springfield), at Mile Point 1.25
Application Number 8056.
Thursday, August 28, 2008
Page 2
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A Region Review is conducted under 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 notinvolved in approving your Application
for State.. Highway Approach. The provisions of OAR 734-051-0345' require that you
include ir:l 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 under 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 request a 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. 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 a Contested Case Hearing, send your request to.:
Hearing Officer Panel
Transportation Section
1905 Lana Avenue
Salem, OR 97314
The Hearing Officer will notify you of the time and location of the hearing. Prior to the
hearing, the Hearing Officer will provide you with information concerning administrative
hearing procedures, your right to representation, and other rights relating to the conduct
of the Contested Case Hearing.
If you wish to request a Region Review, send your request to:
Date Received:~"Of' ____
Planner: AL
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Approval of Application with M.tiOn for ~tate Highway Approa~h
Highway Number 228, (Spri~gfield), at Mile Point 1.25
Application Number 8056.
Thursday, August 28, 2008
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ODOT's Appeals Coordinator will contact you to establish a time and place for the
meeting, I
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Jane S. LEE
ODOT Region 2 Manager
455 Airport Rd Bldg #8
Salem, OR 97310
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If you would like to discuss the required mitigation measures further wittlOut requesting
a hearing, or even after requesting a hearing, please feel free to conta~t Michael
Wilbur, Permit Specialist at (541) 744-8080.
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Jamie Hollenbeak, Regional Access Management Engineer
Michael Wilbur, Permit Specialist
Ann Zeltmann, Access Management Appeals Coordinator
Hearing Officer Panel, Transportation Section
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Date ReceiV~d:~~f'_..
Planner: AL'