HomeMy WebLinkAboutCorrespondence Miscellaneous 7/2/2004
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LAND PLANNING CONSULTANTS
]07] HARLOW ROAD
SPRINGFIELD OR 97477
Phone 54] -726-8523
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July 2, 2004
TO
Jim Donovan
FROM:
Mike Evans \J...\. ~
RE:
MountainGate Quarry Reclamation
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Notice of the upcoming blasting activities at the MountainGate quarry have been mailed.
Approximately 242 addresses provided1by,the City data base system were noticed as well
as SUB, Goodneighbors Care, the Cityattbrney and you.
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As the notice indicates, we plan to begin site work and test drilling on July 6th. Our test
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blast is scheduled for Monday July ]2 '. !
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I have attached all documents that I believ~ are required under the conditions of approval
for the Discretionary Use to allow the operation to proceed. They include the following
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1. CA 2 - Licenses, certificates, etc.
a. Specialty contractor license- BJ Equipment Co.
b. Certificates of possession of eXplosives for Shaun D. Rimington and Kristofer
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Jeremiah. I
c. Explosives License - BJ Equipment Co.
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2. CA 3 - Insurance Certificate with City bf Springfield as additionally insured
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3. CA 4 - Other agency permits I
a. LRAP A Permit No. 200563 for portable rock crusher.
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b. DEQ ]200C Permit No. 1]2610 - all of Phase 3 and 4.
c. USACOE No. 19980]24] (W6tland mitigation site)
d. DSL No 25970-RF (Wetland iliitigation site)
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4. CA 16 - Hazardous Spill ManagementlPlan
Please let me know as soon as possible if Jhere is additional information you need.
Thanks
kLUtundTtM\ II JWrRECElVED
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STATE OF ORE't~Q<N.~coC9~S1iRiUCTI,ONGONTRACTORSBOARD I
" ' ' " , :"'1""~L1CENSE!CERTlFlCATE', '." " " , ' ,
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U limited Liability (ompat:\Y "~I: ' 'Number: ''']30808
~ .', " License
. , Expires:, 07/0(/2008
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~ ' BJ' EQUIPM(iN":r';'co~tt{t2 {;:~'i \ ":,'
PO"BOX 543c,~,:.:' c",1'~ I
C~:~~~E GROVE OR 97424~~02~
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RECEIVED
JUL 0 04
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CERTIFICATE OF POSSESSION OF EXPLOSIVES
SHAUN 0 RIMINGTON
is authorized to possess explosives in the State of Oregon
pursuant to ORS 480.200 - 480.280
No. 10445
Valid: 6/1/2004
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Department of Oregon State POliC~\ \
OffjCeofStateFireMarsh~_. "~.\ VI _ \,
4760 Pcr1land Road NE -----......')
Salem OR 97305-1750 ,,- . q~'
(Signa:'..!re of Ce~ie Helder)
Expires:
6/1/2007
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RECH:IVED
JUL 0 004
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JUL 0 2004
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AlP F 5400.14/5400:15, Part 1 (8189)
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RECfl:IVED
JUL 0 2 4
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ACORD. CERTIF.TE OF L1ABI4ITY INSU.NCE OP 10 L~ DATE (MMlDDIYYYY)
BJE001C 07/01/04
PRODUCER , THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
I ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
KPD Insurance, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
PO Box 784 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Springfield OR 97477
Phone: 541-741-0550 Fax:541-741-1674 I INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: Travelers Indemnity Co
I INSURER B:
BJ Equi~ment Company LLC INSURER c:
,
PO Box 43 INSURER 0:
Cottage Grove OR 97424 INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT W~TH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR rNsR, POLICY NUMBER DATEiM~~~~E r.i.'!AT~~N LIMITS
TYPE OF INSURANCE DATE'IMMlDDIYY
GENERAL LIABILITY EACH OCCURRENCE .1,000,000
-
A X X COMMERCIAL GENERAL LIABILITY 457N9402 I 02/16/04 02/16/05 PREMISES (Ea occurence) 5300,000
I CLAIMS MADE [!] OCCUR I MED EXP (Anyone person) .10,000
X Contractual Liab I PERSONAL & ADV INJURY '1,000,000
I GENERAL AGGREGATE '2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG .2,000,000
h,IXlPRO. n, I
POLICY X JECT lOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
C- . 1,000,000
A X r!- ANY AUTO 457N9402 , 02/16/04 02/16/05 (Eaaccident)
r!- ALL OWNED AUTOS I BODILY INJURY
.
r!- SCHEDULED AUTOS I (Per person)
,
r!- HIRED AUTOS BODILY INJURY
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r!- NON-OWNED AUTOS {Per accident)
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c- I PROPERTY DAMAGE
(Per accident) .
GARAGE LIABILITY i AUTO ONLY. EA ACCIDENT .
R ANY AUTO OTHER THAN EA ACC .
AUTO ONLY: AGG .
~~SS/UMBRELLALIABILITY EACH OCCURRENCE '4,000,000
A X X OCCUR D CLAIMS MADE 457N9402 I 02/16/04 02/16/05 AGGREGATE .4,000,000
, .
q DEDUCTIBLE , .
RETENTION . , .
WORKERS COMPENSATION AND I ITOR'?LI"'T' I IUJ~-
EMPLOYERS' LIABILITY i
ANY PROPRIETORlP..o,RTNERlE::XECUTIVE E.L. EACH ACCIDENT .
,
O~~ICERlMEMBER EXCLUDED? , E.l. DISEASE - EA EMPLOYEE $
~~~tI1ls~~'Ov~s1o~s below : E.L. DISEASE - POLICY LIMIT .
OTHER
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DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
RE: -,.,. ~,. 'nn~/"<' "0'_"= '<,"0'. O<>y 0' ",,,,.m~R",C~TVF'
Wiley Mt., Inc. , and Leelynn Inc. as additional insured per form att~ched" , 1-1. ~D
CGD246 (10/02) . JUL 0 2 c 004
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CERTIFICATE HOLDER I CANCELLATION y-/ -'-"- c/. ~
, SHOULD ANY OF THE ABOVE DESCRI~...~~ BE CANCELLED BEFORE THE EXPIRATION
LANSP03
Land Planning Consultants DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAtL ~ DAYS WRITTEN
Attn: Mike Evans NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
1071 Harlow Rd IMPOSE NO OBLIGATION OR LIABILITY OF ANY KINO UPON THE INSURER, ITS AGENTS OR
Springfield OR 97477 REPRESENTATIVES.
AUT'/:j~D R.EPRE~ENTA~ 4,/
ACORD 25 (2001/08) ~ @ACORD CORPORATION "1988
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COMMERCIAL GENERAL LIABILITY
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
BLANKET ADD'TIONAL INSURED
(CONTRACTORS)
This endorsement modifies Insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
COMMERCIAL GENERAL LIABILITY - CONTRACTORS COVERAGE PART
1. WHO IS AN INSURED - (Section 11) is amended
to include any person or organization you are re!
quired to include as an additional Insured on this
policy by a written contract or written agreement
in effect during this policy period and signed and
executed by you prior to the loss for which cover-
age is sought. The person or organization doe~
not qualify as an additional insured with respect to
the Independent acts or omissions of such peisori
or organization. The person or organization is
only an add~ional insured with respect to liability
caused by "your work" for that additional insured. :
I
2. The insurance provided to the add~Ional Insured
is limited as follows:
a) In the event that the limits of liability stated in
the policy exceed the limits of liability required
by a written contract or written agreement in
effect during this policy period and signed..and
executed by you prior to the loss for whicn
coverage is sought, the insurance provided
by this endorsement shall be limited to the
limits of liability required by such contract or
agreement. This endorsement shall not inC
crease the IIm~s stated.in Section iii - LIMITS
OF INSURANCE.
b) The insurance provided to the additional in-
sured does not apply to "bodily InjUlY", "prod-
erty damage", "personal injury" or "advertising
injury" arising out of an architect's, enginee~s
or surveyo~s rendering of or failure to rend~r
any professional services including: .
. '
I. The preparing, approving or failing to
prepare or approve maps, shop drawings,
opinions, reports, surveys, field orders,'
change orders, or drawings and specifi-
cations; and
II. Supervisory or inspection activities per.
fonmed as part of any related architectur~1
or engineering activ~ies. I
CG D2 46 10 02
c) This insurance does not apply to "bodily in-
jury" or "property damage" caused by "your
work" included in the "products-completed
operations hazard" unless you are required to
provide such coverage for the additional in-
sured by a written contract 'or written agree-
ment in effect during this policy period and
signed and executed by you prior to the loss
for which coverage is sought and then only
for the period of time required by such con-
tract or agreement and in no event beyond
the expiration date of the policy.
3. Subpart (1){a) of the Pollution exclusion under
Paragraph 2., Exclusions of Bodily Injury and
Property Damage Liability Coverage (Section I -
Coverages) does not apply to you if .the "bodily
injury" or "property damage" arises out of "your
work" perfonmed on premises which are owned or
rented by the additional insured at the time "your
work" is perfonmed.
4. Any coverage provided by this endorsement to an
additional insured shall be excess over any other
valid and collectible insurance available to the
additional insured whether primary, excess, con-
. tingent or on any other basis unless a written
contract or written agreement In effect during this
policy period and signed and executed by you
prior to the loss for which coverage is sought
specifically requires that this Insurance apply on a
primary or non-contributory basis. When this in-
surance is primary and there is other insurance
available to the additional insured from any
source, we will share with that other insurance by
the method described in the policy.
5. As a condition of coverage, each add~ional
insured must:
a.) Give us prompt written notice of any "occur-
rence" or offense which may resull in a claim
and prompt written notice of "suit",
RECRIVED
JU~~c-
Copyright, The Travelers Indemnity Company, 200
002363
.
COMMERCIAL GENERAL LIABILITY
b.) Immediately forward all legal papers to us',
cooperate in the investigation or settlement of
the claim or defense against the "suit," and
otherwise comply with policy conditions.
c.) Tender .the defense and indemnity of any
claim or "suit" to any other insurer which also
insures against a loss we cover under this
endorsement. This includes, but is not limited
to, any insurer which has issued a policy of
insurance in which the additional insured
qualifies as an insured. For purposes of this
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Page 2 of 2
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requirement, the temn"insures against" refers
to any self-insurance and to any insurer which
issued a policy of insurance that may provide
coverage for the ioss, regardless of 'whether
the additional insured has actually requested
that the insurer provide the additional insured
with a defense and/or indemnity under that
policy of insurance.
d.) .Agree to make available any other insurance
that the additional insured has for a loss we
cover under this endorsement.
Copyright, The Trarers Indemnity Company, 2002
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CG 02 46 10 02
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MINIMAL AIR CONTAMINANT DISCHARGE PERMIT
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Issued by:
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Lane Regional Air Pollution Authority
10 10 Main Street
Eugene, Oregon 97477
Telephone: 541-736-1056; Toll Free: 877-285-7272
Fax: 54!1-726-1205
Web Page: Iwww.lrapa.org
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ISSUED FOR A SOURCE IN THE FOllOWING CATEGORY:
Portable/Stationary Rock Crushing Plant
Item 42(c) on Part II of Table A Title 34
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(<1300,000 tons/year throughput)
PERMIT NUMBER: 200563
EXPIRATION DATE: August 11,2004
ISSUED TO:
BJ Equipment Company LLC
Pleasant Hill Ranch
Cottage Grove, Oregon 97424
MAILING ADDRESS:
P.O. Box 543
Cottage Grove, Oregon 97424
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July 7, 2000
Brian L. Je i on, Ph.D., Director
Issuance Date
RE(;F;JVF:D
JUL 0 2 20
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Department of Environmental Quality
Westeril Region Eugene Office
1102 Lincoln Street, Suite 210
Eugene, OR 9740 I
(54') 686.7838
PAX (541)686-7551
TTY (541) 687.5603
June 18, 2004
. Wiley Mt.; Inc.
AlIn: Mike Evans
1071 Harlow Rd
Springfield, OR 97477
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RE:
WQ~Erosion Contl"Ol Plan Approval
NPDES 1200-C SIOITIl Water Discharge Permit
File No. 112610 .
Project: Mountaingate Subdivision Phase's 3&4
Site Location: Main St./63rd St., Springfield
.
Lane County 1
Dear Mr. Evans:
:. The Department of Enviromnental Quality (DepaI1ment) has reviewed Erosion Control Plan
)submilled for completion of Mountaingate Subdivision Phases 3&4. Your plan is approved
.... PfOVi.ded th..e actions desCl'ibed below. are taken..> Erosion Control Plans for future phases must
;>l?~ .Ilpprpv~cJ by the Department prior to beginning construction. .
',. .f,stablisf] adequate vegetation on the exposed surfaces before the onset of the rainy season
, ;..tq prevent erosion, or provide matling or m.u1ching of any exposed areas during the rainy
, ...: season, as needed, to protect exposed sqils from erosion and prevent sedimentation
. problems.
.. . The implementation of any additional erosion control measures required by local, State, or
Federal authorities.
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,Streams, wetlands, and other waterhodies shmlld be protected from sedimentation with silt
';.' ',., ,:,:fencing, bio-bags, or equivalent measures. I
"'!.'.~:i,;,};,..-i,;L\:::,.
""AU stockpile areas, if any, should have silt fencing or equivalent protection around them and
. :: should be covered with some kind of protective cover during storm events to prevent slope
.;:;failures and to prevent sediment from getting intb the water bodies. .
.~;lf you find the plan to be inadequate once it i1 implemented, you are required to make the
. ". necessary improvements to prevent sediment frob] leaving the site.
. please notify the Department when your constnLion project is complete, and the pennit is no
'f longer needed. . If notilication is not receiv~d, yon will he billed Annual Compliance
;petermination (ACD) fee for each yeal' the pti1it remains in effect. . .'
If you have any questions about tbis approval, please contact me at (541) 686-7838, extension
236....
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Wiley Mountain, Inc.
6/18/2004
Page 2
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William 1. Perry
Environmental Speciulist, Water Quality
Western Region-Eugene
For: I
Timothy C. McFetridge, P.E.
Senior Environmental Engineer
Wesiem Region-Salem Office
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cc: James Donovan, City of Springfield
Tim McFetridge i
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DEPART~ENT OF TH"RMY
CORPS OF ENGINEERS. PORTLAND DISTRICT
EUqENE FIELD OFFICE
1600 EXECUTIVE PARI<WAY. SUITE 210
EUGENE. OREGON 97401-2156
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REPLY TO
ATlENTfQN' or;
September 19,2003
Operations Division
Regulatory Branch
Corps No. 199801241
Mr. Todd Alberts
Alberts Development Company
875 Fairway View Drive
Eugene, Oregon 97401
Mr. Nonnan McDongal
Frontier Land Company, LLC
37064 Wallace Creek Road
Springfield, Oregon 97478
(Also DBA: Wiley MI., Leelynn, Inc.)
Dear Mr. Alberts and Mr. McDougal:
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Enclosed are two unsigned copies or your requested pennit.
o
In order to make this permit valid, 1~lease read the conditions o[the permit carefully,
complete hoth copies including signature, I~rinted name and title, and retuOl hoJ.h copies to the
Regulatory Branch, Permits Section, at the letterhead address. In addition, please include a check
in the amount of $100:00, payable to l'inance and Accounting Officer, USA ED, Portland. Your
copy orthe fully executed permit will then be returned to you.
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You are cautioned, however, not to begin work under the tenns ofthis pennit until you
receive the fully executed document, as such action would be in violation of Federal law.
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Recent changes in the U.S. Anny Cc\rps of Engineers regulations have established a
process through which you may object to c~rtain terms and conditions ofthe enclosed penni!,
and ask that the penJJit be modified accordiilgly. Please see the enclosed Noli ficRlion of
Adtninisl.raliYe..App.ealDpuau. and Proc"..' Rnd R"qll".1 for ApI'''''' for further infonnation
about that process. :
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If yo II have any qllestiolls rcgardillg our evaluation process, please contact Ms. Michele E.
Hanson at the letterhead address, by telephohe (5410465-6878, or email at
micbcI.c..eJJallso n@l.lwpOLusacc.aul1}'.mil.
: Sincerely,
.---
VV\~-P
I
!:~'-,
, I
,0lLawrence C. Evans
I Chief, Regulatory Branch
RECRTVED
JUL 0 ' 2004
Enclosures
;/ ---. -------
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:\'
I PERMIT NUMBER DATE
199801241 I Sept. 24, 2003 .
I
A permit to discharge fillmalerial into 0.9 acre of wetlands and small drainages
for construction of road accesses,slormwater infrastructure,& signage.
I '
at SW 1/4 Section 34, Township 17 South, Range 2 East; and in Springfield, Lane
County, Oregon
has been issued to Mr. Todd Alber~s on
Mr. Norman Me Dougal Sept. 24, 2003
Permittee Address: ' Mr.Alberls: 875: Fair View Drive, Eu~ene, OR 97401 '
Mr.McDougal:370G4 Wallace Creek I oad,Springfield,OR
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ENG FORM 4336, Jul 61 133 cm 320 3301 EDITION OF JUL 70 MAYBE USED (proponent: CECW-Ol
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Altached is: See SeeUort below
xx INITIAL PROFFERED PERMIT (Standard I'ermil or Leller of permission) A
PROFFERED PERMIT (Standard I'ermit or Leller of permission) B
PERMIT DENIAL I C
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
A hcant Mr Todd Alberts
FlleN
980
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A: INITIAL PROFFERED PERMIT: Yon may accept or object to the permit.
. ACCEPT: If you received n Slal1<'ard Pellnil, yonmny sign the permit dOCllment nnd relnrn II to Ihe district engineer for fiilal
nuthorizntion. If you received n Leller of I'ellni""ion (LO~), youmny neeepllhe LOP all<l your work Is authorized. YOllr
signnlure on the Slandan! Permil or acceptance of the LOP,m..n. tlml yon nceept Ihe pellnit In lis entirety, ond waive all rlghls
to appeal the permit, inclnding its term" ali<I condition", and approved juri"dictionnl detenninatlons assoclaled wllh the petmll.
. OOJECT: If you ohject to the permit (Sta",,"rd or LOP) because of certain terms and eondilions therein, you may request that
the permil be modified nccordingly. Youmu"1 complete S~ctionll of this form and relurnlhe form to Ihe dlslrlct engineer..
.. ,\',?!lr obj~e!i.,?n" m),r~!.be received by ~hedi"lri~I.cngineer ,vithin 60 dnys offhe dale of Ihls nofic~, or you will forfell your tight
. I to appeal the pernii!inlhe n:lu,e:Upor('feceiji(of'YouHcller, Ihe dislrlcl-engiri,~~r:\yllleynh.l~r~"yo.ur tibjee~ons\and!~yt'(~)'I"'H' ,
modify Ihe permit 10 address all ofyonr concerns, (b) modify Ihe permit 10 address some of your objections, or (c) not modify"
Ihe permit having delermined that the permit should be isslied as previously wrilien: Aner evalitating YOllr objections, the
dislrict engineer will send YOII a ptoffcred pcrmit for your reconsideralion, ns imlicated In Section D below. '
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B: PROFFERED PERMIT: You may accept or appeal the pennil
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ACCEPT: If you received a Slnndard Permil, you may sign the petmil document nnd return II to the district engIneer fat final
aulhorlzation. If you teceived a Leller of Permission (LOP), you may accept the LOP and your work is aulhorlzed. Your.
signa lure on the Standard Pennit or acceptance of the LOP ;means that you nccepl the pennit in its enlirely, and waive all tights
10 appeal the perm ii, including its lerms and condillons, and approved jurisdictional delermlnatlons associated wilh the petmlt.
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APPEAL: Ifyoll choo"e to decline the proffered permit tSlandard or LOP) becallse of ceria In terms and condlllons therein, yoll
may Appeallhe declined permit under the COIpS of Engineers Adminislrative Appeal Process by completing Section II ofthl.
form and sending Ihe form 10 the division engineer. TII;S fdrrnl11l1s1 be received by Ihe division engineer within 60 day. of the
date offhis nolice.
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C: PERMIT DENIAL: Vonmay apl'ea'lhe deniAl ofn p~nl1it lInder Ihe Corps of Enghreers AdministrAtive AppeAl Ptocess
by eompletiog Section" of Ihis fmm and sel1!ting the fOlln to Ihe division engineet. This form mllsl be received by the division
engineer wilhin60 days of the dale of this nolice. I
D: APPROVED JURISDICTIONAL VETERMINAiI'lON: YOllmay nccept or appeal the approved 1D ot
provide new informnlion. I
. ACCEPT: YOll do nolneed 10 notify the Co'l's 10 accepl a~ approved JD. Failure to nolify the Corps within 60 days of tile
date of Ihis notice, I11CAnS IhAt yon accept Ihe approved JI) in its entirety, And WAive all righls to appeAl the approved JO.
. APPEAL: Ifyoll (Ii"agree with Ihe app,oved JIJ, YOll"'AY Jppea' the approved jD lInder the Corps of Engineers AdmlnlstrnUve
Appeal Process by cOl11pleting Section" of this fmm and s~nding Ihe form 10 Ihe division engineer. lhis form mllst be received
by the division engioeer within 60 days of Ihe dAte of this nbtice. Also, see SectlonlL . '.',' ,
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E: PRELIMINARY JURISDICTIONAL DETERMINATION: YOll do not need to respond 10 the Corps
regarding the preliminnry .JD. The rreliminnry JD is bot appealable. If yon wish, you may requesl art
approved .JD (which may be nppealed), by contacting!the COIpS dislrict for furl her instruction, Also you tnay
provide new inforl11alion for furlher consideration by the Corps to reevaluate the JD,
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REASONS FOR APPE R OBJECTIONS: (Qescribe your reAS for Appealing the decision ot yout obJecUolIS Id an
-initial proffered pernlit in cleAr concise stAtements. Yon may attAch AdditlonA' InformAtion to this fonn to clarify ",here yoltt teasonil
or objections are addressed In the AdntinistrAtive recOld. If yon believe yon hAve additional Information pertinentIa an al'l'ltlved
jurisdictional determinotion (see PArt 01 wilh which yon disagree, t'IR' new Information should first be senllo the Portland blsltlcl
for reconsideration. Following the Dislrict's reconsideration', the approved jnrisdictlonal determination can stili be appealed 1I9 holed
~~m .
ADDITIONAL INFORMATION: The appeAl is limited 10 a r~view of the administrative record, the Corps memorandum fot the
rccord of the appeAl conference or IIIeetillg, A,,,t nllY snpplelllerltnllnfonllnliontlIRtthe review omcer hAS determined Is needed 10
clArify (he administrative recoHl. Ncilher the nppellnnt 1I0t IhelCmps mny Add new Infotlnnllon or AnAlyses to the record. Uowevet.
ou ma rovlde additional informalionto c1atif the location of informationthnt is alread In the adliunlstratlve record.
If yon decide to appeal an action under Parts B, C or D above,
send a copy of each pAge to:
U.S. Army Corps of Engineers
Portland Distriet Omee
CENWp-Op-Gp (ATTN: Jim GoudzwAard)
Post Omce Box 2946
Portland, Oregon 97208-2946
U.s. Army Corps of Englnee..
NOfthwe~te'n Division
Atln: Mores Bergman, Appeal Review Omcer
12565 West Cenler Road
Omaha, Nebraska 68144-3869
Telephone (402) 697-2533
RIGHT OF ENTRY: Yom signalnre below grants the tight of ~nlry to Corps of Engineers personnel, and any government
eonsnttallts, to condue! investigations of the projee! site dnrillg Ihe eomse of the appeal process. You will be provided a 15 da)'
notiee of any site investigation, and will have the opportunity to.patticipate in all site investigations.
Date: Telephone number:
Signature of a
.,
Issuing Office: U.S. ~my Corps of Engineers, Portland District, Eugene Field Branch .
NOTE: The lenn "y. and its derivatives, as used in lhis anit, means the pennillee or allY fulutd
'transferee. The {enn "{his office" refers 10 Ihe appropriate 'Jrstrict or division office of the ColpS of
Engineers having jurisdiction over the pelmitted activity or the apJJropriate official of that office acting
under the authority oflhe commanding officer. ~
You are authorized to perform work in accordance with the terms and conditions specified below.
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Project Descriptioll: To discharge fill material into 0.9 acre of wetlands and small drainages for the
construction of road accesses, stonnwater infrastructure, and signage for Mountaingate residential
subdivision. '
1'lIIJlose: To constlllcla residential subdivision in the Eugene-Springfield vicinity.
l'/'Oject Locafio,,: The projecl is located in RW' Y. Section 34. Township 17 South, Range 2 East; Md In
the city of Springfield, Lane County, Oregon. I .
Dmwillg: Eight (8) drawings are attached,
General Conditions:
l. The lime limit rOl' cOlIlJlletlng the' nork nrilllOdzed ends 011 September 30, 2006. If you find that
you need more time to complete the aulhorizedlaclivity, submit your request for a time extension to this
office for consideration at least one monlh before the above date is reached.
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2. You must maintain the aclivity authorized by this pennit in good condition and in confonnance with
the tenns and conditions of this permit. You ,are not relieved of this requirement if you abandott the
pennilled activity, allhough you may make a good faith transfer to a third party in compliance with
General Conditioli No, 4 below. Should you wish to cease to mainlain the anlhorized activity or ilhould
yon desire to ahamlon it withoul a good [;,ith trahsfer, you must obtain a modification of this penn/t from
this office, which may rcqliirc restoration ofthe area;
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3. If you discover any I"eviously uuknown historic or archeological remains while accomplishing the
activity authorized by this permit, yon musl inujlediately noti~y this office of what you have found. We
will initiate the federal and state coordinAtion required 10 de/ermine if fhe remains warrant a recovery
effort or iflhe site is eligible for listing in the Naiional Register of I1istorie PlAces.
.
. 4: If you sell t1~e prop~ associated with this p,ennit, ~u must obtain the sign~tute ofthe new ownet 1/1
thl? space provIded a_forward a copy of the penmt to t1.,mce to vahdate the transfer of thltl
" authorization. !.
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5. If a conditioned water quality certification has been issued for your project, you must comply with the
condilions specified in the certification as special conditions to this penni!. For your convenience, B copy
ofthe certification is aUached if it conlains such conditions.
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6. You must allow represenlatives from this office to inspect the authorized activity lit wlY time deemed
necessary to ensure that il is being or has been accomplished in accordance with the tenns and cotldillons
of your permit.
Special Conditions:
I. An eligible historic sile, 35LAG57, is located wilhinthe permit area but is outside oflhe boundarietl
of Phase I and 2. Prior to iniliating work Phases I and 2, a licensed archaeologist shall clearly flag the
boundaries of 35LAG57 io prevent adverse impacts to this sile during construction.
2. No work, ineluding road and infrastructure development, shall be authorized in subsequent Phases
of Mountaingate until the following has been completed and you have received written confirmallon
from the Corps that you can proceed:
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a. A damage assessment of 35LA657 !shall be completed by a licensed archaeologist and a
report submitted to the Corps and the State Historic Preservation Office (SHPO) for review and
approval;
b. Permittee shall submil a revised master plan thaI places the entire 35LA657 site In open,
undeveloped space 10 Ihe Corps for review and approval; and
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c. A suhsurface invesligation of Locus 2is conducted to define site limits and to assess
eligibilily for the National Register of Historic Places (NRHP). A copy of the survey report shall be
provided to the Corps and the SHPO for review and approval. If Locus 2 is considered eligible, the site
shall be completely avoided, the boundaries clearly Dagged and the entire area placed Inlo open,
undeveloped space. !
3. Petlnittee shall fully implement (he enclosed: CompensatOlJ' Mitigation Plan for tire MOlllltalngate
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Subdivision, Phases J and 2, Springfield. Lane COllnty, Oregon, developed by Terra Science, Inc., prior
(0 or concurrently with (he firs( discharge of dredged or fill material in!o a water of the United States. .
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Fnrther IlIfol'lllalloll:
I. CnngmssionaLAuJboriHes:
pursuant to:
( )
(X)
( )
You have been authorized to undertake the activily described above
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Section 10 offhe Rivcrs al1(l Harbors Act of 1899 (33 V.S.C. 403).
Section 404 of the Clean Waler Act' (33 V.S.c. 1344).
Section 103 oflhe Mmine I'lOlectibn, Research and Sanctuaries Act of 1972 (33 U.S.C.
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1413).
! 2
2, I.imil~ offhi~ Anl.nfion.
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a. This pennit does not obviate the n~ed to obtain other Federal, state, or local authorizations
required by law. . I
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b. This permit does not gmnt any properly rights or exclusive privileges.
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c. This permit does not authorize any i1~ury to the property or rights of others.
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d. This penllit does not aulhorize interference with any existing or proposed Federal project.
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3. I.imif~ nLEedernl l.inhililJi: In issuing Ihis permit, the Federal Govemment does Iiot assun1e lI.lly
liability for the following:
a. Damages to the permitted project or 'uses thereof ns a result of other pennilled or unpennlUed
activities or Ilomnatural causes. I
b. Damages to the pelmilled project or uses thereof as a result of current or future activIties
undertaken by or on behalf of the United States in the public interest.
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c. Damages to persons, property, or to other penllilled or unpennilled activities or structures
caused by the activity nuthorized by this permit. :
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d. Design or constlllction delicicncies misociated with the permilled work.
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e. Damage claims associaled with any fulure modi lication, suspension, or revocation of Ws
permit.
4. Relinncft ou---Applical1l'RJ1ata: The determipation of this office that issuance of this penni! Is not
contrary to the public interest was made in reliance on the infonnation you provided.
5. Rellv.alllal.imLnU}cn1liLlJcci~ion. This orTice'may reevahmle its decision onlhis penllit at any time tlte
circumstances warrant. eirctnnslances that coukl require a rcevaluatlon include, but are not Iltniled 10,
the following: I
,
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a. You fail to comply with the terms andlcondilions ofthi8 pemlit.
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b. The infomlation provided by you ill !support of your penni! application proves 10 have been
false, incomplete, or inaccumte (see 4 above). .
c. Signilicanlncw infollnation surfaccs 'i"hich this orTiee did not con~ider in rcachlng the origInal
public inlercst dccision.
Such a reevaluation may result in a delermination thaI it is appropriate to use the suspenslOl1,
modilication, :1I1d revocation proccdmcs containbl in 33 erR 325.7 or enfol.cement procedures such IIll
those contained in 33 erR 326.4 and 326.5. ihe referenced enforcement procedures provide fot till!
issuance of an administrative order requiring yo~ 10 comply with the tenns and conditions of your pennll
3
. ~nd for the initiation .liil;.legal action where appropdate. You will be required to pay for ally corrective
l11.easures ordered by. office, and if you fail to comply wi.lch directive, this office moy In certain
situations (such as those specified in 33 CFR 209,170) accomplish the corrective measures by colllrad or
otherwise and bill you for the cost.
6. ExlensIDlls. General Condition No. I esthblishcs a time Pmit for It Ie cOl11pletion of th~ activity
authorized by this permit. Unless there are circumstances requiring eilher 0 plompt completion of the
authorized activity or a reevaluation of the public interest decision, the Corps will nonnolly give fovorable
consideration to a requestliJr an extension oHhis lime limit.
Your signature below, as permiltce, indicates that you accept oml agree to comply with the tenus Ilnd
conditions of this permit.
a~SI~lrJ{'/~
S-lA-o~
(DA TE)
N 0Ct-I\~ 1-I\.e.. t:;>o,_X'l A~
(l'R1N>J7J ?(
(PERMlnEE SIGNA TV l)
Ov-J~ '=..~
(l1TLE)
Ct-V\-O~
(irAtE)
..tObC> AL\3.E'_~L, S.
(PRINJED NAI1fIl)
tl-I?PL\LI'./-l..
(l1TLE)
This permil becomes effective when the Federal ofticial, designated 10 nel for Ihe Secretary oCthe AnIlY,
has signed below.
--r-~ W)~C
(DlSTRC/T ENGINEER)
q .:J4 ." 5
(fJAJE)
FOR: Richard W. Hobernicht
Colonel, Corps of Engineer
District Enginccr
4
v.:hen the structures o.ork authoriz.ed by this' perinit are sti.1 existence at the time the properly Is
transferred, the temls and conditions of this pe'nnit will continue to be binding on the new owner(s) oCthe
property, To validate the transfer of this permit and the associated liabilities associated with compliance
with its terms and conditions, have the transferee sign mId date below,
,
(TRANSFEREE)
'5
(VA 1'E)
'tll. . .. -Ur~gon
, '~llt~ Th<odor. Jl. Kulonso,H, Covemor
Del'arlment of Ertvitonmentlll QUality
. 811 SW Sixth A1ier1tlt!
Portland, OR 97204-1390
50H29-S696
TIY 5[Jj.229-6993
September 12, 2003
Ms, Michele E. Hanson
U.S, Army Corps of Engineers
ATTN: CENWP-OP-GE
1600 Executive Parkway, Suite 210
Eugene, OR 97401
Dear Ms, Hanson;
The Department of EnvIronmental Quality (DEQ) has revIewed the U.S. Army Corps of
Engineers (USACE) Nallonwlde Permil (NWP) appllcallon #1998-01241. The applicant,
Mr. Todd Alberts, proposes to fill approximately 0.9 C1Cfe!l of wetland Bnd small drainages
for the construc!ion of Phase I and Phase II of a residential subdivision. The proJect,'
known as Mounlaingale, Is located south of McKenzie River Highway on tha east end of
Aster Slreetln Springfield, lana County; Oregon (Section 34, T17S/R2E).
The project will permanently Impact 0.9 acre of wetland and small drainages for the
. construction of road accesses, stormwater Infrastructure, and sfgnage for tllB subdivision.
1:he applicant will compensate for the wetland Impacts by restoring 0.35 am of wetland ""!'Y',
and creating 1.04 acres of wetland In tile southwest portion of IIle site. '
The USACE has determined that the Mountalngate resldenllal subdlvfslon Is authorized
under the tenns and limitations of NWP Number 39. Section 401 Weter Quality
Certification has not been issued for NWP Number 39.
Based on Information provIded by the eppllcant, DEQ does not anticipate any violations of
Slate Water Qualify Standards. including Oregon AdmlnlslraUve Rule (OAR) 340-041-
0026 (1)(a), Antidegradation PoliCY fat Surface Waters. provided the condlllons which
follow are Incorporated Into tile permi\. i
1) FIsh protectlon/ODFW liming; 1)\11 in-water worl< Shall occur withIn the Oregon
Deparlmenl of,Flsh And Wild lire's (ODFW) preferred time window es specified In
Oregon GUidelines for Timing of In-Water WOII< to Protect FIsh and Wildlife
Resources, June 20UO. Exceptions 10 Ihe liming window must be reviewed end
approved by the Division of Slatellar!ds (DSl) and ODFW.
2) Aquatic life movements: No adl'('1y may sub!':taniially disrupt Ihe movement of
those species of aquatic life Indigenous 10 the waler body, Including those species
thaI normally migrate through the area. Unobstructed I1sh passage must be
provided at all times during any restoration activity.
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3) Tlltbldlty/erosloll controls: The authorized work shall not cause turbidity of
affected waters 10 exceed 10%. over natural background lurbldlty 100 feet
downstream of the fill point For prolli'd9 proposed In areas wlth no dIscernible ,
gradient break (gradient of 2% or less). monitoring shall lake place al4 hour
Intervals and Ihe turbidity standard may be exceeded for a maximl1m of one
REC'P::1VED
JUL 2 2004
b!o-I ",
T
_.~
^
.
-, Michele Hanson
Page 2
.
monitorIng Interval per 24 hour work perIod provided all practicable control
measures have been Implemented. This turbidity standard exceedance Interval
applies only to coastal lowlands, floodplains, and valley bottoms.
For projects 111 all other areas, the turbidity sf::mdard can be exceeded for a
maxImum of 2 hours (limited duration) provided all practicable erosion control
measures have been implemented.
TurbidIty shell be monitored during adive In-weter work pedods. Monitoring poInts
shall be an undisturbed site (representative background) 100 feet upstream from
turbIdity causing activity (I.e., fill or dIscharge point), 100 feet downstream from the
fill point, and at the point of fill. A turbIdimeter Is recommended, however, visual
. galJglng Is acceptable. Turbidity that Is visible over tlackground Is considered 8n
exceedance of the standard.
Pradicable erosIon control measures which shall be Implemented. as appropriate,
Include but are not limited to the following:
Place fill in the water lIslng methods that avoId disturbance to Ihe
maxfmum pradlcaiJle extent (e.g. placing fill with a machine rather than
end-dumpIng from B tr:uck); .
Prevent all construction materials and debris frum entering waterway:
Use filter bags, sediment fenceS, sediment traps or rntch basIns, slit
curtains; leave strips or berms, Jersey barriers, or other m€!asures . .
sufficient to prevent movement of soli;
Use Impervlolls materials to cover stockpiles when unattended or during
rain event;
Erosion control measures shall be Inspected and maintaIned dally, to
ensure their continued effectiveness;'
Use a gravel staging ereaand construction access;
Fence off planted Br",a's to protect from disturbance and/or erosIon; and
Flag or fence off wetlands adjacent 10 the construction arell.
'. .
a)
b)
. '.c).
d)
e)
f)
g)
11)
TUlbldily shall be measured (or visually assessed) and recorded at the designated
monitoring Interval prescribed above during periods of active construction. The
designated person attending the monitoring equipment shall be responsible for
nolffyfng the project foreman of any exceedance of the turbidity standerd. If a 10%
exceedance of the backgroUnd lel(sl occurs af 100 feet below the project site,
modify the activity causing the proplem and conlfnue to monllor at the proper
Interval. If exceedances occur will' two consecutive measurements stop the aclfvHy
causing tile turbidity until the problem is resolved. .
.
-, Michele Hanson
Page 3
10)
.
4) DeleterIous waste materIals:
a) Pelmleurn products. chemicals. fresh cement. riprap grout; or other
deleterious waste imalenals shall not be allowed to enter waters of
the state; .
b) Use only cleanflll:free of waste and polluted substances hmalnlaln
water quality;
c) . Best Management Practices (BMPs) shall ba employed In order to
prevent d'scharge~ of spnls 10 swfaca or ground waters.
d) The applicant must remove all for~lgn meterlals. refuse, and wasle
from the ar~a. '
,
5) Phmtlng/re-vegetallon; i
a) Plant new vegetation or replace any exlstlng vegetation In areas that
may be disturbed as a result of this project. In order to restore the
function and s!!3bll'ty of the landscape and habitat.
b) Plant disturbed'areas wfth nallve plants and b:ees In all cases except
where the use of nOR-native plant materials may be essential for
erosIon conhol; and
c) Tlle standard for sticc~ss is '00% cover for neUve plant species:
Temporary fencing, off of planted areas may be required to Insure
success. "
6)
DEQ recommend9 that all storm drains be equipped with oil and grease' Iraps~ and
, be regularly maintaIned. 1" , .
"
III.
7) During construction actIvftfes, storm water runoff or wash water from dIsturbed !;Oils, ':
pennanenl impervious road sunaees, access lanes, and parking lots shall be nrst
treated by a facilily specifically desIgned to remove storm waler contamInant!! before
enterIng state waterways or wetlands. Including mlllgaUon wetlands, so 9S to
minimize contamInants enlering Ihose water bodies.
Provide a buffer zone. where practicable (mlnlinurTl widUI of 50 feet recommended)
In order 10 protect exisllng riparian areas, and exfsllng and fniligallon wetlends.
8)
9)
Authorized culverts shall nol restridthe movement of aquallc organIsms. Culverls
shall bEi OVEirslzed. countersunk Inithe substrate. and should simulate tile netural
slr~am gradient, and sImulate other stream attributes where feasible InclUding wIdth,
dep'h, and drag. Culvert gradhmlsshould not alter the hydrology of Ihe stream or
weiland, and countersunk culverts:should not exceed 0.5%. Quesllons Involving
culvert speclncetlons should be addressed to Oregon Department of FIsh end
Wildlife (ODFW) [AI Mlrall: (503) 072-5255)].
I ·
Projects of 1 acre or fT1or~ reqlllr~ fln NPDES 1200C Stann Water DIscharge
Permit COI1!act the approprlale DEQ regional omce for more Informallon. Projects
employing sump!': or dry wells for g:roundwaler dIscharge must confonn to OAR 340-
0-1-1-050. Contact Barbara PrIest. DEQ, at 503-229-5945 for more Infonnatlon.
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Michele Hanson
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11)
DEQ reserves the opUon to modify, amend or revoke this WQC, as necessary, In
the event new Information Indicates that the project activities Bre having s signifiCant
adverse Impact on Stafa water quality or crlllcal fish resources,
A copy of this Water Qualify Certification (WaC) leller shall be kept on the Job site
and readily available for refe~en6e by the Corps of Engineers, DI=:Q personnel. the
contractor, and other appropriate state and local government Inspedors.
This wac Is invalid If the proJect Is operated in a manner hot consistent wllh the
project description contained In the permit application.
12)
13)
14)
DEQ is to have site access upon reasonable request.
15) 'fyou are dissatisfied with the conditions contained II11hl9 certification, you.may
request a hearing before tile El1vlronmenlal Quallly Commission. Such request
must be made In writing to the Director of DEQ within 20 days of the mailing of this
certificatlol1. You may also reque'st writlen information eboul alternative dispute
resolution services under Oregon Revised statute 183.502, Including mediation or " .
any other collaborallve problefTlrsol\tlng pr,ocess, . .
The DEQ hereby certifies that this project compliss with the Clean Water Act and sl1'lts
water quality standards, If the above corldltlons are made a' part of the Federal permll.,
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Tile applicant shall noUfy fhe DEa of any chang.e In ownership, scope, or construdlon , ' .'...
methods of the project subsequent to certlncalion, If yOll have any'questlons, please: ','..I . . . "
contact Tom Melville at ~503122,9~,5B45~ . . .' " I' .,
Sincerely,
aiD,,",..
Water Quality Division
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T:TMC_Certhans.9B-124 .,
cc: Applicant
Dan Cary, DSL
77$:Summer Street NE, Sii.e 100
Salem, OR 97301-1279 .
. .If. 503-378-3805
Pennit Type:
Wat.y: .
County:
Expiration Date:
Corps No.:
WIL'EY MT. INC
IS AUTHORIZED IN ACCORDANCE WITH ORS 196.800 TO 196.990 TO PERFORM tHE
OPERATIONS DESCRIBED IN TIlE ATTACHED COpy OF THE APPLICATION, SUBJECT to
THE SPECIAL CONDITIONS LISTED ON ATTACHMENT A AND TO THE FOLLOWING
GENERAL CONDITIONS:
Removal/Fill" .
Wetland!Unrtllme~ .Qt. .
Lane ','.':'
September 24, 2004
1998-01241
1. This permit does not authorize trespass on the lands of others, The permit holder shall obtain all necessary
. access permits or rights-of-way before entering lands owned by another,
2, This pennit does not authorize any work that is not in compliance with local zoning or other locall state, or
federal regulation pertaining to the operations at.thorized by this permit. The permit holder is responsible for
obtaining the necessary approvals and pennits before proceeding under this permit.
3, All work done under this pennit must comply with Oregon Administrative Rules, Chapter 340; Standards of
Quality for Public Waters of Oregon, specific water quality provisions for this project are set forth on
Attachment A I
4. Violafionsof the tenns and conditions of this pennit are subject to administrative and/or legalllction which
may result in revocation of the permit or damages, The pennit holder is responsible for the activities of all
contractors or other operators involved in work done at the site or under this permit. .
5. A copy of the permit shall be available at the work site whenever operations authorized by the permit are
being conducted, I .
6. Employees of the Division of State Lands and all duly authorized representatives of the Director shall be
pennitted access to the project area at all reasonable times for the purpose of inspecting work performed
under this pennit.
7. Any permit holder who objects to the conditions of this permit may request a hearing from the lJirector, In
writing, within 10 days oftlte date this pennit Was Issued.
8. In issuing this permit, the Division of State Lands makes no representation regarding the quality or adequacy
of the permitted project design, materials, cohstruction, or maintenance, except to approve the project's
design and materials, as set forth in the permit application, as satisfying the resource protection, scenic,
safety, recreation, and public access requirements ofORS Chapters 196,390 and related administrative niles.
9. Permittee shall defend and hold hannless the State of Oregon, and its officers, agents, and employees from.
any claim, suit, or action for property damage or personal irijury or death arising out of the desigtt, material,
construction, or maintenance of the permitted improvements.
i
NOTICE: If removal is from state-owned submerged and submersible land, the applicant must comply with
leasing and royally provisions of ORS 274.530. I['the project involves creation of new lands by filling on state-
owned submerged or submersible lands, youl11ust:col11ply with ORS 274.905 - 274.940. This permit does not
relieve the permittee of an obligation to secure appropriate leases from the Division of State Lands, to conduct
activities on state-owned submerged or submersible lands. Failure to comply with these requirements may result
in civil or criminal liability. For more infonnation about these requirements, please contact the Division of State
Lands, 378-3805. 1
Lori Wamer, Manager
Western Region Field Operations
Oregon Division of State Lands
g~'W~
Autltol-ized Slgnllture
September 24, 2003
Date Issued
S3'emI\FO\Forms\^lIthOf;t~'ion\remlil J'nce,doe
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ATTACHMENT A
Permittee: Wiley Mt. Inc.
Special Conditions for RemovallFIII Permit No. 25970-RF.
PLEASE READ AND BECOME FAMILIAR WITH CONDITIONS OF YOUR
PERMIT. This project may be site Inspected by the Division of State Lands
as part of our monitoring program. The Division has the right to stop or
modify the project at any time If you are not In compliance with these
conditions. A copy of this permit shall be available at the work site
whenever authorized operations are being conducted.
1. This permit authorizes the placement of up to 3500 cubic yards of gravel and
silt and removal of up to 1500 cubic yards of sill and clay for the construction
Phases 1 and 2 of Mountaingate, a residential subdivision in T 17S, R 2W,
sw Y. Section 34, Tax Lots 303, 602, 1100, 1101, and 1102 In unnamed
tributaries and wetlands, Springfield, Lane County, as outlined In the
attached permit application, map and drawings, received July 26, 2002.
2. This permit also authorizes removal and fill activities necessary to complete
the required compensatory mitigation.
3. Prior to any site grading, the surveyed boundaries of the avoided wetlands
shall be surrounded by bright orange construction fencing at all limes during
construction of the project. There shall be no heavy equipment In this area.
4. No removal of vegetallon or heavy equipment operallng or traversing within
wetlands or waters of the state shall occur outside the designated
construction footprint of Phase 1 and 2 (Figures 2 and 4).
5. If any archaeological resources.and/or artifacts are uncovered during
excavation, all construction activity shall immediately cease. The State
Historic Preservation Office shall be contacted (phone: 503-378-4168).
6. During trenching or excavation, the top layer of sollshall be separated from
the rest of the excavated material and put back on top when the trench or pit
is back-filled. If the native underlying soils are not used as bedding material,
and a coarser, non-native soil or other material is used, preventative
measures such as clay or concrete plugs shall be used so that underground
hydraulic piping does not occur and dewater the site and adjacent wetlands.
7. All temporarily disturbed areas shall be returned to original ground contours
at project completion.
8. TURBIDITY/EROSION CONTROLS. The authorized work shall not caUse
turbidity of affected waters to exceed 10% over natural background turbidity
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Attachment A..
Wiley Mt. Inc.
25970-RF
Page 2 of 6
.
100 feet downstream of the fill point. For projects proposed In areas with no
discernible gradient break (gradient of 2% or less), monitoring shall take
place at 4 hour intervals and the turbidity standard may be exceeded for a
maximum of one monitoring Intervals per 24 hour work period provided all
practicable control measures have been. implemented. This turbidity
standard exceedance intervals applies only to coastal lowlands and
floodplains, valley bottoms and other low-lying and/or relatively flat land.
For projects in all other areas, the turbidity standard can be exceeded for a
maximum of 2 hours (limited duration) provided all practicable erosion
control measures have been implemented. These projects may also be
subject to additional reporting requirements.
Turbidity shall be monitored during active in-water work periods. Monitoring
points shall be at an undisturbed site (representative background) 100 feet
upstream from the turbidity causing activity (I.e.. fill or discharge point), 100
feet downstream from the fill point, and at th~ point of fill. A turbidimeter Is
recommended, however, visual gauging is acceptable. Turbidity that Is
visible over background is considered an exceedance of the standard.
Practicable erosion control measures which shall be Implemented, as
appropriate, include but are not limited to the following:
a) All exposed soils shall be stabilized during and after construction In
order to prevent erosion and sedimentation.
b) Waste materials and spoils shall be placed In an upland location and
shall be suitably stabilized to prevent erosion.
c) Place fill in the water using methods that avoid disturbance to the
maximum practicable extent (e.g. placing fill with a machine rather
than end-dumping from a truck).
d) Prevent all construction materials and debris from entering waterway;
e) Use filter bags, sediment fences, sediment traps or catch basins, slit
curtains, leave strips or berms, Jersey barriers, sand bags, or other '
measures sufficient to prevent movement of soli;
f) Use Impervious materials to cover stockpiles when unattended or
during rain event;
g) Erosion control measures shall be inspected and maintained daily to
ensure their continued effectiveness;
h) Use a gravel staging area and constructton access;
i) Fence off planted areas to protect from disturbance and/or erosion;
and
j) Flag or fence off wetlands adjacent to the construction area.
....- .., .-. "~'''-~''''''-,. p .-
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Attachment A ..
Wiley Mt. Inc.
25970-RF
Page 3 of 6
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Erosion control measures shall be maintained as necessary to ensure their
continued effectiveness, until soils become stabilized. All erosion control
structures shall be removed when project Is complete arid solis are stabilized
and vegetated.
9. HAZARDOUS, TOXIC AND WASTE MATERIALS. Petroleum products,
chemicals, fresh cement, sandblasted material, and chipped paint or other
deleterious waste materials shall not be allowed to enter waters of the state.
No wood treated with leach able preservatives shall be placed In the
waterway. Machinery refueling is to occur off-site or In a confined
designated area to prevent spillage into waters of the state. Project-related
spills into water of the state or onto land with a potential to enter waters of
the state shall be reported to the Oregon Emergency Response System
(OERS) at 1-800-452-0311.
10. The stream in the mitigation area shall not be diverted from the natural bed.
11. Issuance of this permit is contingent upon acquisition of the required permits
and approvals from the City of Springfield.
12. When listed species are present, the authorization holder must comply with
the Federal Endangered Species Act. If previously unknown listed species
are encountered during the project, the authorization holder shall contact the
appropriate agency as soon as possible.
13. The permit holder shall notify the Division in writing of any operating
conditions imposed by other required permits that would be Inconsistent with
the approved plan of operation. The Division will review these requirements
and, if appropriate to ensure compliance with state regulations, require
modification of the approved work plan and/or revise the conditions of this
permit.
14. The permillee is responsible for carrying-out the terms and conditions of this
permit unless the permit is transferred to another party as approved by the
Division.
15. The Division of State Lands retain~ the authority to temporarily halt or modify
the project In case of unforeseen damage to natural resources.
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Attachment A .
Wiley Mt. Inc.
25970-RF
Page 4 of 6 .
.
MITIGATION
16. On-site compensatory mitigation for the unavoidable loss of 0.90 acres of
palustrine emergent wetland (Depressional Outflow), shall consist of a total
of 1.39 acres of palustrine wetland mitigation consisting of 0.35 acre of
restoration (scrub shrub, Slope) and 1.04 acres of creation (emergent and
scrub shrub, Depressional Outflow).
17. Due to conditions at the mitigation site, the mitigation shall be completed two
years after the completion of the wetland fill project. As compensation for
the temporal loss of the delayed construction, the ratios of required
mitigation proposed above reflect a 10% increase in the mitigation
requirement.
18. The mitigation site shall be constructed In accordance with the mitigation
plan included with the permit application (July 26, 2003).
19. An as-built survey shall be provided to the Division of State lands within 60
days of mitigation site grading.
MONITORING
20. The permittee shall monitor the mitigation site to determine success for a
minimum period of 5 years following mitigation construction. The annual
monitoring report is due by December 31 of each year and shall Include the
following Information:
. Permit number
. Permittee's name
. Project name
. Impact and mitigation site location map(s)
. A brief narrative that descrt'ibes maintenance activities and
recommendations to meet success criteria.
. Documentation that thesu1ccess criteria listed in condition(s) Is being
met. I
. Photos from fixed photo points. .
. Other information necessdry or required to document compliance with
mitigation plan. I .
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Attachment fa
Wiley Mt. IncW
. 25970-RF
Page 5 of 6
.
21. The monitoring period will start when the permittee has demonstrated that
hydrology has been established and initial plantings have been
accomplished. Failure to submit a monitoring report at the above date may
result in an extension of the monitoring period. and/or enforcement action.
'~
22. Hydrology will be monitored during the early growing season then annually
for the first two years, and determined adequate for the proposed mitigation
plant community. If hydrology is determined to be inadequate. adjustments
in grading will be done to improve hydrology. This may Involve adjustments
in the overflow outlet or shallow excavations.
J
SUCCESS CRITERIA
To be deemed successful. the mitigation areas IncludIng buffers shall meet
the following success criteria (modified from the MItigation Plan tecelved
June 6, 2002).
23. No less than 1.39 acres of restored and created wetlands shall meet the
hydrology criteria specified in the 1987 U.S. Army Corps of Engineers
Wetland Delineation Manual within the first two years of monitoring.
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24. The mitigation wetland areas will have a native hydrophytlc herbaceous layer
with at least 50 percent coiter by the end of year 3 and 75 percent by year 5
as documented by annual monitoring.
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25. Cover of planted and native recruits of trees and shrubs shall be 15% after
the first year of planting, 30% after the 3'd year, and 60% after five years, as
measured by aerial cover in rarldom plots within the restored and created
wetlands.
26. The percent of non-native, undesirable Invasive species within the mitigation
wetland (including reed canarygrass [Phalaris arundinacea]. Himalayan
blackberry [Rubus discolor],Scol's broom [Cyiisus scopa/ius]. Canada thistle
[Cirsium vulgare]) shall be less than 20 percent by the end of year 3. and
less than 15 percent by the end of year 5.
27. The Division retains the authority to extend the mitigation-monItoring period
and require correelive aelion in the event the success criteria are not
accomplished for two consecutive years within the monitoring period.
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Attachment.
Wiley Mt. Inc.
25970-RF
Page 6 of 6
.
28. Within 60 days of grading ofthe mitigation sile, il shall be protected In
perpetuity by recording deed restrictions approved by the Division, After
being recorded with Lane County, a copy must be sent to the Division.
Activity in the mitigation area (rock mining) prior to construction of the
mitigation area will be conducted in a way as to not preclude the mitigation
area from being built.
29. A performance bond in the amount of $60,000 has been provided to the
Division to ensure completion of compensatory mitigation In accordance with
the conditions of this permit. Failure to keep the bond continuously In effect
through the date of full performance of all of permittee's obligations
hereunder shall constitute a violation and default of this permit by permittee.
At any time from and after receipt of a notice to cancel the bond, the
Division, in Its sole discretion, may declare permittee to be In breach of,
default of its performance obligations under this permit and thereupon claim
the full unreleased portion of the penal sum of the bond, which the surely
under the bond shall pay over to Division within twenty (20) days after
delivery of written notice to the surety of such breach or default by permittee.
30. The permittee shall file a request with the agency for release of phases of
this bond under the rules stated in OAR 141-085-0176 and portions of thIs
bond will be released based on the following phase schedule:
25% release upon approval of the second year monitoring report, which
demonstrates successful establishment of site hydrology through
hydrology monitoring in March - April following two years of completion of
grading.
25% release for successful establishment of all re-vegetation as shown
and approved In the third year monitoring report.
50% release upon approval of final monitoring report and demonstrated
success of mitigation project based on success criteria.
Issued: September 24,2003
J:\Alll'lchmenlAw!!sllAS\RF Removal Fill Permlts\25970-RF.doc
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B.J Equipment Company u.c
P.O. Box 543
Cottage Grove, OR 97424
Phone 541-747-6261
Fax 541-988-4320
SPILL PREVENTION, CONTROL AND
COUNTERMEASURE PLAN
Pumose
B J Equipment Company LLC, 'Company,' is committed to responsible management of hazardous
materials used in our operations induding petroleum fuels, oils and chemicals. In the event of a
spill as defined below, all resources considered to be reasonably feasible, both technologically and
economically, will be made available by us to contain and control the material.
This plan is for reporting, deaning up spills and for the proper disposal of such. The plan summarizes
containment of spills, spill response procedures and sets forth a communication system in the event a
spill may occur.
A copy of this plan shall be maintained on site at each operation.
Responsibilities
In the event of a MAJOR spill, personnel at that site shall immediately notify 'Company's'
representative of the division where the operation is taking place, who will then contact all
other necessary personnel and other deanup contractors, if needed. If the first "Company"
representative is not available, personnel shall contact an altemate on the list in the attached
Appendix 1.
For the purposes of this plan, a MAJORspill is defined as thirty (30) gallons or more of a
hazardous material, or a material that is potentially hazardous to human health, the
environment or the community. Anything less than thirty (30) gallons and not a hazard to
human health, the environment or the community will be considered a minor spill.
Detailed information regarding the hazardous and/or potentially hazardous materials stored
or used at an operation is detailed on the list in the attached Appendix 2.
RRc~rVRD
JUL 0 2 2
Revised 7/1/2004 BJ Equipment Company LLC
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Prevention
Training: All personnel assigned to fueling equipment shall be familiar with all aspects
pertaining to proper operation of fueling equipment Prior to and following each use of the
fueling equipment an inspection shall be performed to insure the fuel delivery system is
mechanically sound and in proper working condition. All tanks, hatches, valves, pumps and
hoses shall be inspected for leaks, proper security, protection and operation. If any problem
is detected, immediate repairs shall be performed prior to conducting fueling operations.
All personnel shall be familiar with the /oc:ation and use of the "On-Site Containment Kif' as
detailed under readiness.
Vehicle Parking and Securitv: Care shall be taken in selecting parking areas so that if a spill
occurs, fuel will not reach a stream or other water course. All valves, hatches, hoses, tanks
and fuel delivery equipment shall be secured when trucks and/or equipment are not in use.
Housekeeping: All containers that contain hazardous materials shall be properly labeled. All
personnel shall properly dispose of contaminated items including but not limited to filters and
grease cartridges. No hazardous materials or items contaminated with any hazardous
material shall be discarded or discharged onto the site.
Readiness: All personnel shall make every reasonable effort to immediately and
appropriately contain and/or prevent a spill of any amount of hazardous material from
entering the waters of the State.
ON-SITE CONTAINMENT KIT
The following containment materials shall be maintained on the site of each operation in a weather-
proof container:
A. Minimum of three (3), 8 foot long by 5 inches diameter, absorbent booms designed to absorb
the hazardous materials stored or used on the site.
B. Minimum of 300 square feet of absorbent pads designed to absorb the hazardous materials
stored or used on the site.
C. Two heavy-duty, long handled shovels shall be on the site to aid in damming a hazardous
material spill. .
The procedures of this Spill Prevention, Cont~1 and Countermeasure Plan shall be reviewed annually
with all current employees, new hires, subcontractors and vendors to ensure understanding of their
responsibilities pertaining to spills of hazardous 'materials.
Revised 7/1/2004 BJ Equipment Company LLC
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Appendix 1
SPILL NOTIFICATION AND COMMUNICATION
SPILLS THAT ARE REPORTABLE
Hazardous Materials:
Any quantity of hazardous materials that enters State waters (ground water or surface
water, induding roadside d~ches) is to be reported.
Any qua~ of petroleum products equal to or greater than forty-two (42) gallons that is
spilled on the ground is to be reported to the Agencies listed on the attached Appendix 3
~hin 24 hours of the spill.
Reporting Procedures
1. Evaluate the s~uation. If you determine you are qualified to deal ~h the emergency,
engage the nearest equipment and personnel to accomplish containment and/or
spreading ofthe spill.
2. Contact or have someone else contact the .Company" representative.
Company representatives:
Cellular Office Home
Sandy Jeremiah 541-954-3467 541-747-6261 541-942-5100
Kris Jeremiah 541-954-9423 541-747-6261 541-736-9534
Harvey Epperson 541-747-6261
3. The 'Company' representative will contact all other necessary personnel, agencies and
outside contractors, if needed. If 'Company's' representative cannot be contacted ~hin
two hours of a spill, the personnel on s~e shall contact the Reporting Agencies and
Emergency Response Contractors as listed in the attached Appendix 3.
Revised 7/112004 BJ Equipment Company LLC
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Appendix 2
LIST OF ALL HAZARDOUS and POTEN11ALL Y HAZARDOUS MATERIALS STORED and/or
. USED ON SITE
Type of StoraaelUse Hazardous Material Storaae Caoacitv
5000 G-D Dlill Diesel 100 gallons
Hydraulic Oil 100 gallons
300 G-D Dlill Diesel 100 gallons
Hydraulic Oil 100 gallons
360 IR Dlill Diesel 100 gallons
Hydraulic Oil 50 gallons
Generator 3408 Diesel 100 gallons
Pickup Diesel 80 gallons
Loader Diesel 88 gallons
Hydraulic Oil 33 gallons
VSI Diesel 300 gallons
Revised 7/112004 BJ Equipment Company LLC
4
EMERGENCY RESPONSE CONTRACTORS
1.Spencer Environment Services, Inc.
Covers State of Oregon & Timberlands
1-2 Hour Response Time
Offices - Eugene & Portland
2. Staton Construction, Inc.
Covers Sate of Oregon
3-6 Hour Response Time/1-2 Hours in Lane County
Offices - Eugene
3. Cascade Earth Sciences, Inc.
Covers State of Oregon & Timberlands
Guaranteed 8 Hour Response TimelUsually 1-2 Hour Response Time
Offices - Albany & Portland .
4. Cascade Environmental Consulting,llnc.
Covers Southwest Washington
5. Foss Environmental
Covers Oregon & Southwest Washington
6, Cowlitz Clean Sweep
Offices - Longview, WA
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OreQon
1. A.
B.
C.
2.
Washirurton
1.
A.
B.
C.
2.
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Appendix 3
FOR SPillS GREATER THAN 42 GALlONS! OR TO STATE WATERS
REPORTING AGENCIES
Within 24'hours of a spill
Oregon State Emergency Management Division (EMD) 800-452-0311
Oregon Department of Environmental Qualtty (DEQ) 503-37841240
National Response Center if spill could reach navigable waters 80042441802
A written spill report and/or written follow up report if requested by these agencies.
Within 24 hours of a spill
Washington State Emergency Management Division (EMD) 800-25806990
Washington Department of Ecology (DOE) 360407 -S300
National Response Center if spill could reach navigable waters 80042441802
A written spill report and/or written follow up report if requested by these agencies.
800-733-0896
541461-0543
8000603-0933
360425-S163
800-337-7455
360423-S316
3600677 -S399
888423-S316
Revised 7/1/2004 BJ Equipment Company U!C
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