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sufficient information for the utility inspector to evaluate the merits of such a request. The <br />exception may be approved, approved with conditions, or denied. If approved, the utility <br />' inspector will provide verbal approval, followed immediately by written approval, and will <br />include any conditions imposed. No changes were made to the rule or Manual as a result of <br />this comment. <br />Comment 12. Protection of Trees, Section 3.H of the Manual. There are several <br />issues that do not lend to either an efficient construction operation or the timely completion <br />of jobs. First, in paragraph one you note that "alternatively, hand-digging around roots or <br />using other non-destructive methods of excavation, such as an air spade, are acceptable <br />methods of preventing damage." Hand digging is not always a guaranteed method to prevent <br />damage to roots and certainly does not solve the problem. It often places our construction <br />personnel in a difficult position of applying reasonable construction practices that are both <br />economical and efficient while cooperating with City codes. The City of Eugene has taken <br />the street tree innue to a level that is not realistic or acceptable to any utility company that <br />has the obligation to provide service to the residents of the City. In addition, we have been <br />told that the placement of construction materials within the critical root zone is acceptable <br />for a period 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 public way is performed in compliance with applicable laws and rules, and in a manner <br />that prevents 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 />public agencies, and property owners. Street trees are often unwittingly damaged or <br />destroyed by construction in the right-of--way, and requirements to minimize damage to this <br />public infrastructure have been adopted. Hand digging around roots and the use of an air <br />spade are suggested as acceptable methods of preventing damage. Tree protection <br />requirements 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, 19'71, and other rules. It may be <br />possible to arrange special working conditions with Urban Forestry staff in concert with the <br />Inspector, depending on the particular job site, work planned and the tree involved. No <br />changes 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 />Manual. N W Natural has for a long time been proud of our sensitivity to environmental <br />issues and has been a leader in our industry. However, the requirements being placed on our <br />local operation 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 item, such as, "Failure to implement measures that meet those outcomes shall subject the <br />person to the .following: stop-work order; citation for violation, administrative compliance <br />order, and civil penalties". Who is the person? Has the City assumed the position of <br />enforcer? We are very concerned about the Public Works Department connecting Public <br />Works Policy to citations and civil penalties. <br />Administrative Order- 7 T:~aam~nora~~u~es~ooroWr~aao.Wpa~o9n3ioo> <br />