Hi All,
In the first attachments are photos of Section 8 only, however this represents how all the sections are set-up to provide sufficient if not additional setbacks as documented in the current City’s RWUP.
In addition, here are some photo’s I snapped today of Fryer Park Rd. and Adams Cemetery Rd. This photos are consistent with what you see along the corridor. There are 2 – 12 foot travel lanes with varying paved shoulders of 0.5 to 1.0 foot and gravel shoulders sloping into to the drainage ditch. There is the exception of private driveways or field accesses. The current roadway design does not allow for safe on the shoulder parking.
Jennifer Cline, P.E.
City of Molalla
Public Works Director
O: 503.759.0218
F: 503.829.3676
"From: Dan Huff [mailto:dhuff@cityofmolalla.com]
Sent: Thursday, June 18, 2015 11:26 AM
To: Phillip Bender; Jennifer Cline
Cc: J.W. Ring
Subject: RE: Irrigation monitoring
Just so you all have the info:
· We have pink markers on-site at Coleman Ranch. So, I don’t know what she is missing.
· Our permit requires us to be no closer than 15’ from the Road when irrigating
· Coleman’s fence is variably 10’ to 15’ from the road
· The Big Gun shoots 200’ maximum but more like 180’ to 190’. We use 200’ as a rule
· We use 320’ as a setback for the Big Gun near Bear Creek. That is a 120’ buffer when our permit requires 100’
· We are 250’ feet from the road which is a 65’ buffer
1. Coleman will not allow Susan Hansen or any of her minions on his property. So, the site visit is out of the question.
2. Our Operator observed Susan Hansen driving around the area for 4 hours taking pictures while he was working irrigation.
3. There is no possibility to be on Freyer Park Road in a vehicle and parking or stopping out of traffic lanes.
4. I think what she is doing borders on harassment.
From: Phillip Bender [mailto:PBender@ringbenderlaw.com]
Sent: Thursday, June 18, 2015 9:16 AM
To: Jennifer Cline
Cc: Dan Huff; J.W. Ring
Subject: Re: Irrigation monitoring
Jeff and I will talk with Dan as that is the only time we have available today.
Also, I am working on the response to the DEQ PEN and will have that to you and Dan for review a little later.
From: Jennifer Cline <jcline@cityofmolalla.com>
Date: Thursday, June 18, 2015 12:05 PM
To: "Phillip M. Bender" <pbender@ringbenderlaw.com>
Cc: Dan Huff <dhuff@cityofmolalla.com>, "J.W. Ring" <JWRing@ringbenderlaw.com>
Subject: RE: Irrigation monitoring
We were irrigating hundreds of feet from Bear Creek (with no visible signs of run off and ponding) and irrigated in the opposite direction of the creek. I was physically on site to witness this. Once again, she’s lying.
I encourage DEQ to visit just to prove she is lying.
I will be on a tour with Portland Engineering today at 2pm
Jennifer Cline, P.E.
City of Molalla
Public Works Director
O: 503.759.0218
F: 503.829.3676
From: Phillip Bender [mailto:PBender@ringbenderlaw.com]
Sent: Thursday, June 18, 2015 8:52 AM
To: Dan Huff; Jennifer Cline
Cc: J.W. Ring; Mark Strandberg; Christine Hein; Sarah Goodling; Phillip Bender
Subject: FW: Irrigation monitoring
Dan and Jennifer,
Yesterday, I spoke with Hansen's lawyer about her stalking of City employees and explained that this was a problem. Below is the response I got. Jeff and I suggest that we have a call today at 2:00 pm. to discuss. Would that work for you?
Phil
Phillip M. Bender - Partner
925 Liberty Ave., 8th Floor
Pittsburgh, PA 15222
(412) 770-7721
Ring Bender McKown & Castillo LLLP
This transmission is intended for the sole use of the individual or entity to whom it is addressed, and may contain information that is privileged, confidential and exempt from disclosure under applicable law. You are hereby notified that any dissemination, distribution or duplication of this transmission by someone other than the intended addressee or its designated agent is strictly prohibited. If your receipt of this transmission is in error, please notify this firm immediately by telephone at (503) 964-6730, or reply to this transmission. Thank you.
From: Maura Fahey <maura@crag.org>
Date: Wednesday, June 17, 2015 3:50 PM
To: "Phillip M. Bender" <pbender@ringbenderlaw.com>
Subject: Irrigation monitoring
Phil,
I discussed the City’s concerns with Ms. Hansen regarding her monitoring of irrigation activities. As expected, she was not happy with my asking her to avoid the area while City employees are present. She expressed that she does not feel she is doing anything illegal and that she has every right to observe public employees doing public work from a public space. Ms. Hansen also disputes the fact that she was blocking any right-of-way or access road and suggests that the City employees document any future interference they feel Ms. Hansen is causing so that we can all be clear on what is happening.
I have requested that Ms. Hansen do what she can to avoid being present when City staff are in the fields and to avoid photographing City employees. Of course, I have no actual control over what Ms. Hansen does and she is correct, that she has every right to observe the City’s work and note that Ms. Hansen’s observations of the City’s irrigation activities is what spurred this litigation in the first place.
I will reiterate what I said on the phone, that implementing paragraph 26 of the consent decree by placing visual markers of regulatory setbacks in the irrigation fields would allow Ms. Hansen, and others, to more easily observe whether the City’s irrigation is in compliance and thereby alleviate the need for Ms. Hansen to monitor and photograph the City’s activities. Ms. Hansen has already indicated to me, and provided photos, that she believes irrigation on Coleman Ranch this week has exceeded the setbacks around Bear Creek. Without a better indicator of where those setbacks are, Ms. Hansen will continue to report any perceived violations to DEQ. As an alternative to paragraph 26, perhaps a site-visit of the Coleman Ranch fields with City staff would help my clients better understand where irrigation activities should and should not be taking place.
I hope that this issue does not disrupt the negotiations and that we are able to reach an final agreement on the consent decree.
Regards,
Maura
--
Maura Fahey
Associate Attorney
917 SW Oak, Suite 417
Portland, OR 97205
Office: 503.525.2722
Fax: 503.296.5454
Email: maura@crag.org
Protecting and sustaining the Pacific Northwest's natural legacy.