From: HUFFMAN Anita
Sent: Mon Oct 17 10:32:24 2016
To: Amy Lindgren
Cc: Dan Zinder; Gerald Fisher; Dan Huff
Subject: RE: Unpermitted clearing/grading with possible wetlands violations - Molalla
Importance: Normal
Thanks for the info Amy. Unfortunately, the delineated areas are not within the spot where the concrete chunks and rock are piled up, which is at the south end of the property. But this is a good start for me to check our records to see if anything has been done at the southern end.
I’ll let you know what I find out.
Anita Huffman
Metro Region Aquatic Resource Coordinator
Clackamas and Washington Counties
Department of State Lands
Office 503-986-5250
Cell 503-480-5985
Fax 503-378-4844
PLEASE NOTE: My primary telephone number is now 503-986-5250. Please use this number unless otherwise noted.
From: Amy Lindgren [mailto:alindgren@molallapolice.com]
Sent: Monday, October 17, 2016 10:16 AM
To: HUFFMAN Anita
Cc: Dan Zinder; Gerald Fisher; Dan Huff
Subject: Re: Unpermitted clearing/grading with possible wetlands violations - Molalla
Anita -
Dan Zinder and I have been reviewing the original documents associated with Molalla Redi-Mix. I found the two attached letters in the pile. I thought they might be helpful in your determination of whether the Molalla Redi-Mix property is jurisdictional.
Amy
From: "HUFFMAN Anita" <anita.huffman@state.or.us>
To: "Amy Lindgren" <alindgren@molallapolice.com>
Cc: "Dan Zinder" <dzinder@cityofmolalla.com>, "Gerald Fisher" <gfisher@cityofmolalla.com>, "Dan Huff" <dhuff@cityofmolalla.com>
Sent: Friday, October 14, 2016 2:49:32 PM
Subject: RE: Unpermitted clearing/grading with possible wetlands violations - Molalla
In order to be jurisdictional, it would have to be a wetland. To be a wetland it would need to meet 3 criteria-have hydric soils, hydrology and vegetation suitable for hydrophilic conditions.
The soil is not really hydric, but does have some hydric features, so it’d need to be strong on the other issues to be wetland. I saw mainly blackberries and I’m not sure what types of vegetation were there prior to clearing; blackberries are not necessarily an indicator of wetland or not-had there been say cat tails, then that would tell me there is a lot of hydrology.
The Miller site was listed on the Cities’ Local Wetland Inventory, so that means it’s jurisdictional in our books-I’m going to see if I can get the landowner to do a forensic wetland delineation to determine the actual foot print of the wetland features that existed prior to impact. Because the concrete plant was not listed on the LWI, and there’s the issue of the soils, it may be hard to prove it was jurisdictional. I will try to confer with our wetland specialist to get his thoughts before I contact the batch plant.
Hope this helps.
Anita Huffman
Metro Region Aquatic Resource Coordinator
Clackamas and Washington Counties
Department of State Lands
Office 503-986-5250
Cell 503-480-5985
Fax 503-378-4844
PLEASE NOTE: My primary telephone number is now 503-986-5250. Please use this number unless otherwise noted.
From: Amy Lindgren [mailto:alindgren@molallapolice.com]
Sent: Friday, October 14, 2016 2:17 PM
To: HUFFMAN Anita
Cc: Dan Zinder; Gerald Fisher; Dan Huff
Subject: Re: Unpermitted clearing/grading with possible wetlands violations - Molalla
Thanks for the update Anita.
What would make it jurisdictional?
Sent from my iPhone
On Oct 14, 2016, at 2:16 PM, HUFFMAN Anita <anita.huffman@state.or.us> wrote:
Hi Dan,
I drove by yesterday but didn’t make an ‘official’ visit. I did get a phone call from the landowner (Steve Miller) this morning and he’d like a site visit, so I’ll be setting one up soon. As to the property to the SW, the one where there is huge piles of concrete-I don’t think that it is jurisdictional-but I may see once we get moving on the Miller site.
I’ll let you know what I find out.
Thanks,
Anita Huffman
Metro Region Aquatic Resource Coordinator
Clackamas and Washington Counties
Department of State Lands
Office 503-986-5250
Cell 503-480-5985
Fax 503-378-4844
PLEASE NOTE: My primary telephone number is now 503-986-5250. Please use this number unless otherwise noted.
From: Dan Zinder [mailto:dzinder@cityofmolalla.com]
Sent: Friday, October 14, 2016 2:11 PM
To: HUFFMAN Anita
Cc: Gerald Fisher; Dan Huff; Amy Lindgren
Subject: RE: Unpermitted clearing/grading with possible wetlands violations - Molalla
Hi Anita,
Has DSL been out to these properties for a site visit yet and if so, what was the determination?
Dan Zinder
503.759.0226
503.586.8094 (c)
From: Dan Zinder [mailto:dzinder@cityofmolalla.com]
Sent: Thursday, September 29, 2016 5:02 PM
To: HUFFMAN Anita <anita.huffman@state.or.us>
Cc: Gerald Fisher <gfisher@cityofmolalla.com>; Dan Huff <dhuff@cityofmolalla.com>; Amy Lindgren <alindgren@molallapolice.com>
Subject: RE: Unpermitted clearing/grading with possible wetlands violations - Molalla
Hi Anita,
I’ve attached property reports for both properties that has the ownership information. They are owned separately. We’ve been more focused on 102 but are also taking (a smaller) code enforcement action against the SW property for their removal of a tree.
Best,
Dan Zinder
503.759.0226
503.586.8094 (c)
From: HUFFMAN Anita [mailto:anita.huffman@state.or.us]
Sent: Thursday, September 29, 2016 4:39 PM
To: Dan Zinder <dzinder@cityofmolalla.com>
Cc: 'Gerald Fisher' <gfisher@cityofmolalla.com>; Dan Huff <dhuff@cityofmolalla.com>
Subject: RE: Unpermitted clearing/grading with possible wetlands violations - Molalla
Hi Dan,
The tax lot 102 is mapped on the LWI as Forested Wetlands. Based on past aerial photos, it’s pretty clear it is still within that classification. The land just to the south-west that was cleared also is probably wetland also, but I’d need to go out and check. That other parcel is not on the LWI, but based on the topography and landscape I’d wager it’s got features. So, now, does DSL have any jurisdiction? It’s kind of hard to say because I can see that they’ve definitely removed vegetation and likely graded, they also put down gravel-and it’s very possible they’ve exceed the 50CY limit give the size of the work.
I’m going to open a complaint file and send them a letter saying I need a site visit, and to stop any additional work until I’ve gotten out there and assessed the situation.
Do you have ownership information on the two parcels? I’d assume they’re under the same ownership. If not, I can get it, but the more info you can provide me the better.
Thanks Dan,
Anita Huffman
Metro Region Aquatic Resource Coordinator
Clackamas and Washington Counties
Department of State Lands
Office 503-986-5250
Cell 503-480-5985
Fax 503-378-4844
PLEASE NOTE: My primary telephone number is now 503-986-5250. Please use this number unless otherwise noted.
From: Dan Zinder [mailto:dzinder@cityofmolalla.com]
Sent: Thursday, September 29, 2016 3:59 PM
To: HUFFMAN Anita
Cc: 'Gerald Fisher'; Dan Huff
Subject: Unpermitted clearing/grading with possible wetlands violations - Molalla
Hi Anita,
This is in regards to the (unaddressed) property that we spoke of in Molalla where the owner cleared and graded without a permit. OR Map Number is: 0305.00S02.00E07D0—0000. It may have some wetlands violations as there is known wetland on the northern portion of the property and the southern portion was not assessed in our inventory.
The Google aerials that I’ve provided show a view of the southern portion of the property from 4/15/2015 (uncleared) and 7/23/2016 (cleared).
Let me know if we can provide you with anything else.
Best,
- - - - - - - - -
Dan Zinder
GIS Analyst
City of Molalla
503.759.0226
503.586.8094 (c)