"file:///C:From: Jennifer Cline
Sent: Mon Aug 31 15:06:07 2015
To: Dan Huff
Subject: FW: Daily checklist (draft)
Importance: Normal
FYI – let me know when you read emails below.
Jennifer Cline, P.E. | Public Works Director
Licensed in OR, WA
117 N Molalla Ave. | PO Box 248 * |Molalla, OR 97038
O: 503.759.0218 | F: 503.829.3676
From: Christine Hein [mailto:CHein@ringbenderlaw.com]
Sent: Monday, August 31, 2015 2:59 PM
To: Jennifer Cline <jcline@cityofmolalla.com>; Fasth, Bill <bfasth@BrwnCald.com>
Cc: Phillip Bender <PBender@ringbenderlaw.com>; J.W. Ring <JWRing@ringbenderlaw.com>; Mark Strandberg <MStrandberg@ringbenderlaw.com>
Subject: RE: Daily checklist (draft)
Thanks, Jennifer- It seems to me that we have a few things going on here.
First, as you point out, the RWUP itself only requires a weekly system inspection (page 10).
Second, using the Coleman section as an example, the RWUP requires daily inspection of the sites to confirm there is no ponding or run-off (see page 11). You are also required to make sure that required set-backs are maintained before irrigation starts.
Third, there are certain values that need to be recorded each day “before irrigating” in the daily log (water monitoring, soil moisture readings and piezometer readings). (Pages 11-12). You also need to record the irrigation amount and gross application rate each day. These requirements I am citing are specific to Coleman. Some of the other sites are more lax, but since you aren’t using the other sites as much and Colman is the one that has had issues, I think we need to focus on this one first. Completing and maintaining the daily logs is critical to your compliance, which is why I would be nervous about letting Coleman and his staff be responsible for that- especially this year.
Given all this, I would recommend that you use the checklists as Bill has them set up (daily) for the rest of this irrigation season. I know it is a staffing burden, but it will protect you from non-compliance and the very costly consequences that would lead to.
Bill, can you let us know your thoughts on this?
Thanks,
Tina
Christine L. Hein
Ring Bender LLLP
Direct: 503.964.6726
Cell: 503.314.0958
P Please consider the environment before printing this e-mail.
From: Jennifer Cline [mailto:jcline@cityofmolalla.com]
Sent: Monday, August 31, 2015 2:37 PM
To: Christine Hein; Fasth, Bill
Cc: Phillip Bender
Subject: RE: Daily checklist (draft)
Hi Tina,
This is what I found in the RWUP, page 10. I’m ok with a checklist for weekly system inspections. We are always out there several times a day and visual check the hand lines and big guns.
Maintenance activities for the irrigation system are based on visual observations and weekly system
inspections. A checklist for irrigation system inspections is presented in Appendix L. The City and Steve
Coleman also review all requirements for the site in order to ensure compliance.
Jennifer Cline, P.E. | Public Works Director
Licensed in OR, WA
117 N Molalla Ave. | PO Box 248 * |Molalla, OR 97038
O: 503.759.0218 | F: 503.829.3676
From: Christine Hein [mailto:CHein@ringbenderlaw.com]
Sent: Monday, August 31, 2015 2:31 PM
To: Fasth, Bill (bfasth@BrwnCald.com) <bfasth@BrwnCald.com>
Cc: Jennifer Cline (jcline@cityofmolalla.com) <jcline@cityofmolalla.com>; Phillip Bender <PBender@ringbenderlaw.com>
Subject: FW: Daily checklist (draft)
In talking with Jennifer, a question has come up about whether the RWUP requires that the steps outlined in the checklists need to be followed every single day, or just when lines or guns are moved and the irrigation is re-started at a new location? This is an important distinction, obviously, and we need to make sure we are absolutely complying with the Permit and RWUP requirements, as well as those in the consent Decree.
Can you please let us know what your understanding of this is?
Thanks,
Tina
Christine L. Hein
Ring Bender LLLP
Direct: 503.964.6726
Cell: 503.314.0958
P Please consider the environment before printing this e-mail.
From: Fasth, Bill [mailto:bfasth@BrwnCald.com]
Sent: Wednesday, July 29, 2015 11:33 AM
To: Christine Hein; Jennifer Cline
Cc: Jake Ehredt
Subject: RE: Daily checklist (draft)
Tina,
Attached are the final checklists. Page 2 of the N. Coleman checklist has been updated with some specific inspection requirements for irrigation section 1.
Let me know if you have any questions.
Bill
From: Christine Hein [mailto:CHein@ringbenderlaw.com]
Sent: Tuesday, July 28, 2015 2:23 PM
To: Jennifer Cline; Fasth, Bill
Cc: Jake Ehredt
Subject: RE: Daily checklist (draft)
Great- thanks.
Bill, it sounds like these are good to be finalized. We just want to add the part about inspecting the Creamery drainage area to the North Coleman one. Can you please send me final versions when you have them? We need to provide copies of those to the plaintiffs in the lawsuit as part of the consent decree terms.
Thanks,
Tina
Christine L. Hein
Ring Bender LLLP
Direct: 503.964.6726
Cell: 503.314.0958
P Please consider the environment before printing this e-mail.
From: Jennifer Cline [mailto:jcline@cityofmolalla.com]
Sent: Tuesday, July 28, 2015 2:15 PM
To: Christine Hein
Cc: Jake Ehredt
Subject: RE: Daily checklist (draft)
I spoke with Jake and he and Bill Faths have been in conversation regarding the check lists. Jake confirmed that they look good to him.
Jennifer Cline, P.E.
City of Molalla
Public Works Director
O: 503.759.0218
F: 503.829.3676
From: Christine Hein [mailto:CHein@ringbenderlaw.com]
Sent: Tuesday, July 28, 2015 1:49 PM
To: Jennifer Cline <jcline@cityofmolalla.com>
Cc: Phillip Bender <PBender@ringbenderlaw.com>
Subject: RE: Daily checklist (draft)
Jennifer- Did you get a chance to check in with Jason about the irrigation site checklists?
Christine L. Hein
Ring Bender LLLP
Direct: 503.964.6726
Cell: 503.314.0958
P Please consider the environment before printing this e-mail.
From: Christine Hein
Sent: Thursday, July 23, 2015 1:36 PM
To: 'Jennifer Cline'
Cc: Phillip Bender
Subject: RE: Daily checklist (draft)
Thanks.
Christine L. Hein
Ring Bender LLLP
Direct: 503.964.6726
Cell: 503.314.0958
P Please consider the environment before printing this e-mail.
From: Jennifer Cline [mailto:jcline@cityofmolalla.com]
Sent: Thursday, July 23, 2015 1:31 PM
To: Christine Hein
Cc: Phillip Bender
Subject: Re: Daily checklist (draft)
Jake said he thought they looked good, but I will confirm.
Sent from my iPhone
On Jul 23, 2015, at 1:27 PM, Christine Hein <CHein@ringbenderlaw.com> wrote:
Hi Jennifer-
Have you heard anything back from Jason or Jake about these checklists? We should circle back around and get these finished and implemented. Bill is planning to add a line about observing the Creamery Creek drainage to the North Coleman list.
Thanks,
Tina
Christine L. Hein
Ring Bender LLLP
Direct: 503.964.6726
Cell: 503.314.0958
P Please consider the environment before printing this e-mail.
From: Jennifer Cline [mailto:jcline@cityofmolalla.com]
Sent: Tuesday, July 07, 2015 5:17 PM
To: Jake Ehredt; Jason Clifford
Cc: Christine Hein
Subject: FW: Daily checklist (draft)
Hi Jake, Jason,
Here are the Irrigation checklists with Exhibits. Please let us know if you have any comments.
Jennifer Cline, P.E.
City of Molalla
Public Works Director
O: 503.759.0218
F: 503.829.3676
From: Fasth, Bill [mailto:bfasth@BrwnCald.com]
Sent: Tuesday, July 07, 2015 3:43 PM
To: Phillip Bender; 'Jennifer Cline'
Cc: J.W. Ring; Mark Strandberg; Christine Hein
Subject: RE: Daily checklist (draft)
Phil,
All of the checklists are attached again. Cemetery and Jorgensen are the same as before. The other four sites have been updated, per the comments in red below.
Bill
From: Phillip Bender [mailto:PBender@ringbenderlaw.com]
Sent: Tuesday, July 07, 2015 2:10 PM
To: Fasth, Bill; 'Jennifer Cline'
Cc: J.W. Ring; Mark Strandberg; Christine Hein; Phillip Bender
Subject: Re: Daily checklist (draft)
Bill,
Thanks, we have reviewed as follows:
That’s a good question and we need to check with Jason and Jake about that. I don’t think it’s a good idea to irrigate around the AB because there is a ditch and culvert that drain to Bear Creek located near the west edge of the AB. I updated the site plan to show a 50’ setback around this seasonal drainage. We should check to see if it is, in fact, a year-round drainage. I first noticed it on the site tour on May 13 after the AB overflow. There was some water in the ditch at that time, but not much. It could be that it dries-up in July/August.
But even with a 50” setback around the ditch/culvert, there is not much area left to irrigate. To the north of the AB, there needs to be a 10” property line setback (along the fence).
If you can make those corrections, we will then send the finals to Jason and Jake to review quickly.
Jennifer,
Once we get the finals from Bill, can you make sure Jason and Jake take a final look through each of the checklists and maps to confirm that the finals match Jason's and Jake's understanding?
Thanks.
Phil
Phillip M. Bender
Ring Bender McKown & Castillo LLLP
925 Liberty Ave., 8th Floor
Pittsburgh, PA 15222
(412) 770-7721
From: <Fasth>, Bill <bfasth@BrwnCald.com>
Date: Tuesday, July 7, 2015 12:01 PM
To: pbender <pbender@ringbenderlaw.com>
Cc: 'Jennifer Cline' <jcline@cityofmolalla.com>, "J.W. Ring" <JWRing@ringbenderlaw.com>, Mark Strandberg <MStrandberg@ringbenderlaw.com>, Christine Hein <CHein@ringbenderlaw.com>
Subject: RE: Daily checklist (draft)
Phil,
Revisions are attached.
Bill
From: Phillip Bender [mailto:PBender@ringbenderlaw.com]
Sent: Monday, July 06, 2015 3:14 PM
To: Fasth, Bill
Cc: 'Jennifer Cline'; J.W. Ring; Mark Strandberg; Christine Hein; Phillip Bender
Subject: Re: Daily checklist (draft)
Bill,
Tina and I took your N. Coleman checklist and revised to add some information to irrigators at the start and to put it into a simple checklist format that can be used for each checklist for Coleman and others. Can you please apply the same format to the other checklists so that they are consistent, send back to Tina and me and then we will do a final review. If you want to discuss this afternoon, let me know. We can also talk in the morning tomorrow. Thanks.
Phil
Phillip M. Bender
Ring Bender McKown & Castillo LLLP
925 Liberty Ave., 8th Floor
Pittsburgh, PA 15222
(412) 770-7721
From: <Fasth>, Bill <bfasth@BrwnCald.com>
Date: Sunday, July 5, 2015 3:47 PM
To: Christine Hein <CHein@ringbenderlaw.com>
Cc: 'Jennifer Cline' <jcline@cityofmolalla.com>, "J.W. Ring" <JWRing@ringbenderlaw.com>, pbender <pbender@ringbenderlaw.com>, Mark Strandberg <MStrandberg@ringbenderlaw.com>, "jehredt@cityofmolalla.com" <jehredt@cityofmolalla.com>, Jason Clifford <jclifford@cityofmolalla.com>
Subject: Daily checklist (draft)
All,
Attached is one more draft checklist for review and comment. It is a daily checklist meant to cover items that should be monitored and recorded daily, regardless of which site is being irrigated.
Bill Fasth
6500 SW Macadam Avenue, Suite 200
Portland, Oregon 97239
Cell 541.602.9110