FYI – Brad Johnson complaints.
Jennifer Cline, P.E.
City of Molalla
Public Works Director
O: 503.759.0218
F: 503.829.3676
"From: YELTON-BRAM Tiffany [mailto:YELTON-Bram.Tiffany@deq.state.or.us]
Sent: Tuesday, August 04, 2015 10:13 AM
To: 'Jennifer Cline' <jcline@cityofmolalla.com>
Subject: RE: Response to Voicemail on 7/31
Hi Jennifer
Thank you for the message below. And thanks for the excellent documentation that you sent to David Cole regarding Coleman Ranch the irrigation of section 1 switching to river water.
There have been two complaints about the Brad Johnson site from the neighbor. I will attach them below. The complaint subject matter is perhaps Dept of Ag jurisdiction so I will be referring the most recent complaint instead of investigating it.
Complaint Intake Details
| |
Complaint Intake By
| McMorrine Edith
|
Complaint Received On
| 11/20/2014
|
Complaint Received Via
| Other
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Is Report Anonymous?
| No
|
Assigned To
|
|
Assigned To Manager
|
|
Pesticide Analytical Response Center (PARC) and DEQ PARC Representative Notified?
| |
Out of DEQ Referral
| |
Information About Complainant
| |
Keep Contact Info Confidential?
| Yes
|
Would you like a complaint responder to contact you?
| Yes
|
Complainant Name
| Dan Merrill
|
Complainant Organization
| |
Complainant Street Address
| 14551 S Macksburg Rd
|
Is This Where the Problem Was Experienced?
| Yes
|
If "No", Where is the Problem Experienced?
| |
Complainant City
| Molalla
|
Complainant State
| Oregon
|
Complainant Zip
| 97038
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Complainant Primary Phone Type
| |
Complainant Primary Phone Number
| 503-913-1914
|
Complainant Alternative Phone Type
| |
Complainant Alternative Phone Number
| |
Complainant Email
|
|
Complainant Reporting for Someone Else?
| |
Description of Incident - What Happened
| |
Date of Incident
| |
Time of Incident
| |
Alternative Date - Month
| |
Alternative Date - Year
| |
Is Incident Still Occurring?
| |
If "No", When Did it Stop?
| |
Has This Been Reported Before?
| No
|
If "Yes", Has the Situation Changed?
| Same
|
Incident Media
| Soil, Water
|
Incident Material
| Animal, Unknown, Farm/Barn wastewater
|
Quantity
| |
Incident Cause
| Intentional
|
Incident Description
| Diverting waste water from farming operation..Diverted to neighboring properties.
Please see detailed letter and map attached to complaint.
|
Location of Incident - Where Did It Happen
| |
County
| CLACKAMAS
|
Nearest City
| Molalla
|
Within City Limits?
| N/A
|
Street Address
| |
Property/Land Owner
| |
Waterway
| |
Driving Directions
| |
Potentially Responsible Party - Who Is Responsible
| |
Responsible Party Name
| Brad Johnson
|
Responsible Party Business
| |
Responsible Party Address
| 32113 Palmer Rd
|
Responsible Party City
| Molalla
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Responsible Party State
| Oregon
|
Responsible Party Zip
| 97038
|
Responsible Party Phone Number
| |
Have You Notified Others?
| |
Did You Notify Anyone Else?
| |
Contact #1 - Agency/Organization
| |
Contact #1 - Person Contacted
| |
Contact #1 - Phone Number
| |
Contact #1 - Email
| |
Contact #2 - Agency/Organization
| |
Contact #2 - Person Contacted
| |
Contact #2 - Phone Number
| |
Contact #2 - Email
| |
Contact #3 - Agency/Organization
| |
Contact #3 - Person Contacted
| |
Contact #3 - Phone Number
| |
Contact #3 - Email
| |
Complaint Response
| |
Program Priority
| |
Sub-Program
| WQ - TMDL
|
Does This Facility Have a DEQ Permit?
| No
|
DEQ Permit Type/Number
(If "Yes" to the question above)
| |
Is "Nuisance Odor Intake Form" Needed?
| No
|
Date "Nuisance Odor Intake Form" Sent
| |
Date "Nuisance Odor Intake Form" Completed
| |
Is "Nuisance Odor Evaluation Worksheet" Completed?
| |
Follow Up Action
| Same as complaint 14 - 3281. Working with Tiffany Yelton Bram and Clackamas County DTD to resolve. Called the complainant with an update on 11/20. Counting as "closed" since it's being documented through 14 - 3281.
|
Complaint File Location
| |
Complaint Inspection Report
| |
Inspection Needed?
| No
|
Report/Info Requested?
| No
|
Complainant Contacted Date
| 11/20/2014
|
Resolution/Closed Date
| 11/20/2014
|
WL/PEN Number
| |
Complaint Intake Details
| |
Complaint Intake By
| MacGregor Lisa
|
Complaint Received On
| 11/19/2014
|
Complaint Received Via
|
|
Is Report Anonymous?
| No
|
Assigned To
|
|
Assigned To Manager
|
|
Pesticide Analytical Response Center (PARC) and DEQ PARC Representative Notified?
| |
Out of DEQ Referral
| |
Information About Complainant
| |
Keep Contact Info Confidential?
| No
|
Would you like a complaint responder to contact you?
| |
Complainant Name
| Daniel Merrill
|
Complainant Organization
| |
Complainant Street Address
| 14551 S Macksburg Rd
|
Is This Where the Problem Was Experienced?
| |
If "No", Where is the Problem Experienced?
| |
Complainant City
| Molalla
|
Complainant State
| Oregon
|
Complainant Zip
| 97038
|
Complainant Primary Phone Type
| |
Complainant Primary Phone Number
| 503-913-1914
|
Complainant Alternative Phone Type
| |
Complainant Alternative Phone Number
| |
Complainant Email
| |
Complainant Reporting for Someone Else?
| |
Description of Incident - What Happened
| |
Date of Incident
| |
Time of Incident
| |
Alternative Date - Month
| November
|
Alternative Date - Year
| 2014
|
Is Incident Still Occurring?
| Yes
|
If "No", When Did it Stop?
| |
Has This Been Reported Before?
| No
|
If "Yes", Has the Situation Changed?
| Same
|
Incident Media
| Soil, Water
|
Incident Material
| waste water
|
Quantity
| |
Incident Cause
| Intentional
|
Incident Description
| My neighbor Brad Johnson whose address is 32113 S. Palmer Rd, Molalla, Or , 97038 is dewatering a farm area/swamp and discharging the water which now runs year round onto my residence. He rerouted the old ditch system running it into a culvert the county installed under Macksburg Rd. At the time the county installed the culvert there were no ditches leading to or away from the road. The culvert was installed to deal with the camber of the road during periods of high rainfall. The point is he is rerouting a ditch onto my property to deal with his waste water. The Clackamas County culvert marker is 52032. It is 1.68 miles off of highway 213 on Macksburg RD. The address of the owner, Brad Johnson,of which the complaint originates from, is 14582 S. Macksburg RD., Molalla, OR 97038. Last week he installed several hundred feet of 10 inch plastic pipe that raps around many old commercial chicken barns which ends several inches away from the counties culverts(52032) on Macksburg Rd. This waste water discharge is now making a swamp/toxic dump of my backyard. What can be done? Thank you very much.
|
Location of Incident - Where Did It Happen
| |
County
| CLACKAMAS
|
Nearest City
| Molalla
|
Within City Limits?
| N/A
|
Street Address
| 32113 S Palmer Rd
|
Property/Land Owner
| Brad Johnson
|
Waterway
| |
Driving Directions
| |
Potentially Responsible Party - Who Is Responsible
| |
Responsible Party Name
| Brad Johnson
|
Responsible Party Business
| |
Responsible Party Address
| 32113 S Palmer Rd
|
Responsible Party City
| Molalla
|
Responsible Party State
| Oregon
|
Responsible Party Zip
| 97038
|
Responsible Party Phone Number
| |
Have You Notified Others?
| |
Did You Notify Anyone Else?
| |
Contact #1 - Agency/Organization
| |
Contact #1 - Person Contacted
| |
Contact #1 - Phone Number
| |
Contact #1 - Email
| |
Contact #2 - Agency/Organization
| |
Contact #2 - Person Contacted
| |
Contact #2 - Phone Number
| |
Contact #2 - Email
| |
Contact #3 - Agency/Organization
| |
Contact #3 - Person Contacted
| |
Contact #3 - Phone Number
| |
Contact #3 - Email
| |
Complaint Response
| |
Program Priority
| |
Sub-Program
| WQ - Wastewater
|
Does This Facility Have a DEQ Permit?
| No
|
DEQ Permit Type/Number
(If "Yes" to the question above)
| |
Is "Nuisance Odor Intake Form" Needed?
| No
|
Date "Nuisance Odor Intake Form" Sent
| |
Date "Nuisance Odor Intake Form" Completed
| |
Is "Nuisance Odor Evaluation Worksheet" Completed?
| |
Follow Up Action
| Tiffany spoke with Dan Merrill and then with Brad Johnson, the owner of the property that Dan Merrill spoke about. There are neighbor tensions. Mr. Johnson said that the drainage of his property to Mr. Merrill's property is allowed under Dep’t of AG. So Tiffany called Kevin Fenn of ODA and learned that this is not statute or rule but case law. In short, case law has leaned towards allowing drainage from upland to low land across private property lines.
No further DEQ action at this time.
|
Complaint File Location
| |
Complaint Inspection Report
| |
Inspection Needed?
| No
|
Report/Info Requested?
| No
|
Complainant Contacted Date
| 11/19/2014
|
Resolution/Closed Date
| 11/19/2014
|
WL/PEN Number
| |
From: Jennifer Cline [mailto:jcline@cityofmolalla.com]
Sent: Monday, August 03, 2015 2:32 PM
To: YELTON-BRAM Tiffany
Cc: Dan Huff; 'Christine Hein'
Subject: Response to Voicemail on 7/31
Hi Tiffany,
I am responding to the voicemail you left for me last Friday on 7/31.
First, I wanted to let you know the City has completed a rough draft of the ERP and we are currently having it reviewed by outside technical staff. We are planning to have the final draft to you by the end of this week or early next week.
Second, the City is not planning to use the Brad Johnson site this year for Biosolids. If you have any documentation in regards to the complaint filed against Brad Johnson, I would appreciate if you would send the information onto myself and Dan Huff.
Regards,
Jennifer Cline, P.E.
Public Works Director
117 N Molalla Ave.
PO Box 248 *
Molalla, OR 97038
O: 503.759.0218
F: 503.829.3676
"