HomeMy WebLinkAboutCorrespondence PLANNER 10/6/2009
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lIMBIRD Andrew
From:
Sent:
To:
Cc:
Subject:
Attachments:
MI LLER Liz
Tuesday, October 06,20091:16 PM
'Aaron.J .KETCH@olot.state.orus'
L1MBIRD Andrew
FW: 9485 (16) Approval of Appch w-Mitigation {2009-10-06} [28017].doc
9485 (16) Approval of Appch w-Mitigation {2009-10-06} [28017].doc
Hello Aaron,
I'm forwarding your e-mail and attachment to Andy Limbird, who is the City of Springfield Planner working on this
project.
Sincerely,
Liz Miller
From: KETCH Aaron J [mailto:AaronJ.KETCH@odot.state.or.us]
Sent: Tuesday, October 06, 2009 12:07 PM
To: LANGE Jeffrey R; KNITOWSKI David; SANTOS Dennis N
Cc: ZELTMANN Ann; MILLER Liz
Subject: 9485 (16) Approval of Appch w-Mitigation {2009-1O-06} [28017].doc
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Date Receive : !J I~ -
Planner: AL
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tpa~ment of Tra~sportatio~
, " . : qDOT DistriCtS
644 'A' Street.
Springfield, ok 97477
. (541 )744'8080
Fax: (541) 726-2509 -
L yn~.Detering@odot.state.or.us
. The?dor~ R: K.ulo~goskil 9overnor
October 06, 2009.
VIA CERTIFIED MAil'
File Code: PMT 4-16 .
Wade Stevens " . ..'..
WA Stevens Gciristruction, Inc
PO Box 1078 ," .'
Creswell,OK 97~26
Subject: . '.
Mitigation. Required for Issuance of Permit to Construct a State.
ffighway Approach '
Highway Numbe~ 015, (McKenzie), .
. at Mile Point 2.85 '. "
Application Number 9485
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Dear Wade Stevens:
I am pleased to inform you ,that the Oregon Department of Transportation (ODOT) has
approved the location and a development concept for your requested State Highway
Approach. However, the Department's approval requires mitigation. measures that are
described below. Several administrative steps remain before ODOT can issue the
Permit to Operate, Maintain and Use a State Highway Approach, which is the final step
in the permitting process.
Before you begin any work in the highway right of way, the Department must issue a
construction permit. This letter provides instructions for your appeal rights regarding the
mitigation measures. \
The following mitigation measures will become terms and conditions of your
construction permit:
-All unpermitted accesses to the State highway shall be removed in their entirety and
gutter, curb and sidewalk constructed by applicant.
-Applicant shall provide ODOT with proof of City land Use Approvals prior to issuance
of a final "Permit to Operate, Maintain and Use an Approach".
-Applicant shall comply with all State and local Agency requirements prior to issuance
of a final ODOT "Permit to Operate, Maintain and Use Approach".
Date) f'{e.ceived:~L1--
Planner: AL
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. The City of Springfield is the permitting authority for curb & sidewalk 'construction
within right-of-way in this section of highway. The applicant is required to obtain all
necessary permits from the City of Springfield prior to any construction within ODOT
right-of-way. . :', ...... . . ..... .... .'
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You may not beqin anyv.:orkin the hiqhway riqht of way until you receive a Permit to .
ConstruCt siqned by the Deoartment. . '.' . .
Options to Appeal Mitigation Measures.
If the mitigation measures are not acceptable to you, then you may appeal the~ by . .
submitting a request in writinq for either a Region Review or a Contested Case Hearing.
A Region Re~iew is conducted under OAR 734c051'-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 bOOT staff who were not involved in a'pproving 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 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,
Oat" Received:-Lolt!drl9
Planner: AL / I
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Approval of Application 'with Mltion for State Highway Approach
Highway Number 015. (McKen~ie).at Mile Point 2.85
Application Number 9485.
.Tuesday. October 06.2009
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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 Bldg fiB
Salem, OR 97301
ODOT's Appeals C~ordiriator will ~ontact you after the request is r~ceived: ..
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If you would like to discuss the required mitigation measures further without requesting.
a Cqntested Case Hearing or a Region REwiew, or even after making a request, please
feel freeto contact Aaron Ketch, Permit Specialist at (541) 744-8080.
Sincerely,
Mike Spaeth, District Manager
ODOT District 5, Maintenance Office
c: David Knitowski, Regional Access Management Engineer
Aaron Ketch, Permit Specialist
Ann Zeltmann, Access Management Appeals Coordinator
Liz Miller, Local Government Official
Date! Received: /~/Jrn1
Planner: AL