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BEFORE THE DIRECTOR OF THE DIVISION OF STATE LANDS <br /> OF THE STATE OF OREGON <br /> <br /> i <br /> In the Matter of Violations ) <br /> of ORS 196.810(1) by ) <br /> The City of Eugene ) CONSENT ORDER <br /> ) <br /> i <br /> I. BACKGROUND <br /> This matter is before the Director of the Division of State Lands pursuant to the <br /> State Removal-Fill Law, ORS 196.800 et sea., (hereinafter "Removal-Fill Law"). <br /> The Removal-Fill Law requires a permit from the Division bsfore.removal, filling, <br /> or alteration of 50 cubic yards or more of material within waters of this state. When <br /> such removal or fillin occurs without a ermit or in m <br /> a after contra to the conditions <br /> 9 P ry <br /> of a permit, the Director may issue an Order to restore and protect the resources of the <br /> State of Oregon. <br /> The City of Eugene has agreed to the entry of this Consent Order to resolve the <br /> violations arisin from un- ermitted culvertin and fill of a tributa of Greenhill Creek. <br /> 9 p <br /> 9 rY <br /> Based upon the following stipulated facts and the existing file of the Division in <br /> the above entitled matter, the Director makes the following findings of fact, conclusions <br /> of law, and Final Consent Order. <br /> IL STIPULATED FACTS <br /> 1, The City of Eugene owns Colton Way located in Lane County (Section 20-42, <br /> Township 17S., Range 4W). <br /> 2. The property contains a tributary to Greenhill Creek,.a jurisdictional water of the <br /> state. <br /> 3: The City of Eugene authorized a contractor.to place an-excessof.50 cubicyards <br /> of material. to construcf a road crossing of Greenhill Creek, a tributary of Amazon Creek. <br /> 4. The contractor performed the work.without a removal/fill permit from the division.: . <br /> • of State Lands. - <br /> - ~ 5. The City of Eugene has: <br /> a. Stipulated to.the facts recited in this. Order; <br /> b. Agreed to the imposition of the requirements set forth in this Order; and <br /> c. Waived his/her nigh#s to appeal or contest this Order. <br /> r. <br /> 1 -CONSENT ORDER <br /> <br />