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HomeMy WebLinkAboutCorrespondence PLANNER 10/6/2009 . . 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 1 . d ''0 'l./;m!.'f Date Receive : !J I~ - Planner: AL .. . 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 .. . 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 . (.. ':.' . 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. . :', ...... . . ..... .... .' ,'. 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 " . 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 . ,. . ." Pag~ 3 I, . . .. 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: .. ."' . . . . . , 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