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i <br /> <br /> . <br /> suffi Tent information for the utility inspector to evaluate the merits of such a request. The <br /> exce tion may be approved, approved with conditions, or denied. If approved, the utility <br /> inspe for will provide verbal approval, followed immediately by written approval, and will <br /> inclu e any conditions imposed. No changes were made to the rule or Manual as a result of <br /> this mment. <br /> Comment 12. Protection of Trees, Section 3.H of the Manual. There are several <br /> issue that do not lend to either an efficient construction operation or the timely completion <br /> of jo s. First, in paragraph one you note that "alternatively, hand-digging around roots or <br /> usin other non-destructive methods of excavation, such as an air spade, are acceptable <br /> meth ds of preventing damage." Hand digging is not always a guaranteed method to prevent <br /> dam ge to roots and certainly does not solve the problem. It often places our construction <br /> perso el in a difficult position of applying reasonable construction practices that are both <br /> econ mical and efficient while cooperating with City codes. The City of Eugene has taken <br /> the s reet tree innue to a level that is not realistic or acceptable to any utility company that <br /> has t e obligation to provide service to the residents of the City. In addition, we have been <br /> told t at the placement of construction materials within the critical root zone is acceptable <br /> fora eriod of up to 2 hours. Now we are being told no? <br /> Findin .The Inspector is required to see that construction work performed within <br /> the p blic way is performed in compliance with applicable laws and rules, and in a manner <br /> that revents personal injury, property damage and inconvenience to the public resulting <br /> from improper construction practices and right-of--way uses by contractors, public utilities, <br /> publi agencies, and property owners. Street trees are often unwittingly damaged or <br /> destr yed by construction in the right-of--way, and requirements to minimize damage to this <br /> publi infrastructure have been adopted. Hand digging around roots and the use of an air <br /> spad are suggested as acceptable methods of preventing damage. Tree protection <br /> requi ements are part of the city's outcome-based approach to regulating work in the public <br /> way, and are required by provisions of the Eugene Code, 1971, and other rules. It may be <br /> possi le to arrange special working conditions with Urban Forestry staff in concert with the <br /> Insp ctor, depending on the particular job site, work planned and the tree involved. No <br /> Chan es were made to the rule or Manual as a result of this comment. <br /> Comment 13. Erosion Prevention, Site Restoration and Cleanup, Section 3.I of the <br /> Man al. N W Natural has for a long time been proud of our sensitivity to environmental <br /> issue and has been a leader in our industry. However, the requirements being placed on our <br /> local peration have reached a point where the language in this area of the draft has created <br /> some concerns about what exactly the City is attempting to achieve. Language contained in <br /> the it m, such as, "Failure to implement measures that meet those outcomes shall subject the <br /> perso to the following: stop-work order; citation for violation, administrative compliance <br /> orde and civil penalties". Who is the person? Has the City assumed the position of <br /> enfor er? We are very concerned about the Public Works Department connecting Public <br /> Wor s Policy to citations and civil penalties. <br /> Administrati e Order - 7 r:\adminord\rules\OOrowrl2ao.wpd(09/13/00) <br /> i <br /> <br />