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of O <br /> Q, • ~ ~ O ~ Division of State Lands <br /> ~ r <br /> <br /> " ~ ' z 775 Summer Street NE, Suite 100 <br /> Salem, OR 97301-1279 <br /> •'ty 5e.- John A. Kitzhaber, M.D., Governor <br /> (503) 378-3805 <br /> FAX (503) 378-4844. <br /> Certified Mail http://statelands.dsl.state.or.us <br /> State Land Board <br /> October 30, 2002 John A. Kitzhaber <br /> Governor <br /> City of Eugene Public Works sill Bradbury <br /> Attn: Mark Schoening PE Secretary of State <br /> 858 Pearl Street <br /> .Eugene OR 97401 Randall Edwards <br /> State Treasurer <br /> RE: Consent Order, DSL Enforcement File 5288 <br /> Dear Mr. Schoening: <br /> Under the Oregon Removal-Fill Law (ORS 196.800 - 196.990), removal, filling, or <br /> alteration of 50 cubic yards or more of material within the bed or banks of the <br /> waters of this state or any amount of material within Essential Habitat streams or <br /> State Scenic Waterways requires a permit from the Division of State Lands. <br /> Waters of the state include the Pacific Ocean, rivers, lakes, most ponds and <br /> wetlands, and other natural water bodies. <br /> This letter and enclosed Consent Order proposal is a follow-up to our phone <br /> discussion October 28, 2002 regarding the property (T17S, R4W, Sect. 20) at the <br /> end of Colton Way in west Eugene. Thank you for your time to discuss this and the <br /> City's willingness to resolve this matter. This Consent Order includes payment of a <br /> reduced civil penalty and Payment-to-Provide Wetland Compensatory Mitigation <br /> that would compensate for the un-permitted loss of 0.03 acres wetland and would <br /> result in the resolution of this outstanding Removal-Fill violation. <br /> Please read the enclosed Consent Order carefully. If you agree to the course of <br /> action, please sign the Consent Order and return the Order to the Division by <br /> November 22, 2002. Make a copy for your records. If there is anything in this <br /> Consent Order that you do not understand or cannot agree to, please contact me <br /> by November 15, 2002 to discuss it. The objective of the Consent Order is to <br /> create a legally binding agreement that is cooperative in nature. <br /> If this proposal .is not agreeable to you, or we do not receive your written response <br /> by November 22, 2002 we will proceed with a Proposed Order to Restore and <br /> Intent to Assess Civil Penalties possibly requiring removal of all fill material within <br /> the jurisdictional wetland or payment to the Division of State Lands Mitigation Bank <br /> Revolving Fund and assessment of a full civil penalty. The Restoration Order has <br /> associated with it the right to appeal under administrative hearings (Oregon <br /> Revised Statutes Chapter 183), the Oregon Removal-Fill Law (ORS 196.800- <br /> . ~ <br /> <br />