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III. ULTIMATE FACTS AND CONCLUSIONS OF LAW <br /> 1. Greenhill Creek is "waters of the state" within the meaning of ORS 196.800(14) <br /> and therefore subject to the requirements of the Removal-Fill Law. <br /> 2. More than 50 cubic yards of material were filled or removed without a permit <br /> <br /> from the Division, in violation of the Removal-Fill Law. <br /> 3. The fill or removal has resulted in damage to the bed and banks of the <br /> creek and a loss of riparian habitat area. <br /> 4. The City of Eugene is subject to an order to restore waters of the State of <br /> Oregon. <br /> IV. ORDER FOR RESTORATION <br /> 1. The City of Eugene is required to restore the bed and banks of the tributary of <br /> Greehill Creek adjacent to Colton Way to the satisfaction of the Division of State Lands <br /> through payment of funds to the Division of State Lands Wetland Mitigation Bank <br /> Ci of Eu ene is re wired to: <br /> Revolvin Fund. The <br /> q <br /> 9 tY 9 <br /> a. Remit a payment in the amount of $2,800.00 payable to the Division of <br /> State Lands Mitigation Bank Revolving Fund by December 15, 2002.. <br /> Please reference the check with DSL enforcement file #5288. <br /> b. Remit a civil penalty in the amount of $750.00 payable to the Division of <br /> State Lands Common School Fund by December 15, 2002. Please <br /> reference the check with DSL enforcement file #5288. <br /> V. FAILURE TO COMPLY <br /> In the event that restoration work is not completed by the designated time. onto the <br /> satisfaction of the Division, the Division shall .have the right to issue an enforcement <br /> order, obtain a court order. requiring compliance and/or issue a civil penalty in the <br /> amount of at least $6,750.00, as appropriate. <br /> r Job No. <br /> .CV ~~~Z£3Z~ I ContrNo. <br /> SATE ~ ~ ~ Assessment? YES or NO <br /> '~`~IAL i app~rovefor p~ . ' <br /> 2 -CONSENT ORDER <br /> _ <br /> <br />