From: Jennifer Cline

Sent: Tue Jul 28 15:13:54 2015

To: Christine Hein

Subject: RE: North Coleman Property

Importance: Normal

 

Header line is separate from the Hand Lines. The hand Lines detach and can be moved. The header line is the leaky culprit her.

Sorry for the confusion, I hope that’s a clearer picture. I can check with Jon Patrick on Friday on possible why water was in the culvert at that time. It’s hard to say? There could have been recent rains?? It doesn’t take much for that area to saturate and fill up with water.

Jennifer Cline, P.E.

City of Molalla

Public Works Director

O: 503.759.0218

F: 503.829.3676

image "file:///C:

From: Christine Hein [mailto:CHein@ringbenderlaw.com]

Sent: Tuesday, July 28, 2015 3:09 PM

To: Jennifer Cline <jcline@cityofmolalla.com>

Cc: Fasth, Bill <bfasth@BrwnCald.com>

Subject: RE: North Coleman Property

Jennifer- If it wasn’t from the handlines, I don’t know where else that water could have come from. That’s why I have asked for Bill’s help. We need to get to the bottom of this so that we can reply to DEQ.

Bill, any thoughts on potential other sources of that water?

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 3:01 PM

To: Christine Hein

Cc: Fasth, Bill

Subject: RE: North Coleman Property

Hi Tina,

The likelihood that run off into the culvert was from the hand lines spray is very small. The runoff was discovered by DEQ on Tuesday morning and irrigation ran less than 8 hours the previous day on Monday. With the current soil moisture, the hand lines are calculated to run for 12 hours. The City also didn’t irrigate from Saturday morning to Monday morning.

The issue with Coleman’s hands turning the hand lines on after hours was resolved the week before by pulling the handle that turns that section of irrigation on/off.

Jennifer Cline, P.E.

City of Molalla

Public Works Director

O: 503.759.0218

F: 503.829.3676

image "file:///C:

From: Christine Hein [mailto:CHein@ringbenderlaw.com]

Sent: Tuesday, July 28, 2015 2:28 PM

To: Fasth, Bill <bfasth@BrwnCald.com>

Cc: 'Jennifer Cline' <jcline@cityofmolalla.com>; Wilson, Steve <SWilson@BrwnCald.com>

Subject: RE: North Coleman Property

Thanks for the update, Bill. Jennifer can confirm this, but I am almost positive that it was the interns that inspected and found the broken header. City staff then informed Coleman that no irrigation could occur there until it gets fixed. When that occurs, we will want photographic proof for our files. As far as I know, they also have told Coleman that he and his staff are no longer allowed to irrigate. City staff will be doing all the irrigating so that they can make sure every requirement in the RWUP is followed.

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: Tuesday, July 28, 2015 2:24 PM

To: Christine Hein

Cc: 'Jennifer Cline'; Wilson, Steve

Subject: RE: North Coleman Property

Tina,

See my responses in red below. Perhaps Jennifer can fill-in (or correct) some of my responses.

Bill

From: Christine Hein [mailto:CHein@ringbenderlaw.com]

Sent: Tuesday, July 28, 2015 1:35 PM

To: Fasth, Bill

Cc: Jennifer Cline (jcline@cityofmolalla.com)

Subject: FW: North Coleman Property

Hi Bill-

Are you going to be able to talk with the interns today about this Creamery drainage issue?

Jennifer and/or Jake were going to speak with them yesterday. Maybe Jennifer can update.

I got your message that the water there when DEQ visited was probably caused by the header break, but that doesn’t explain why there is water in the July 2013 picture…unless they also had broken equipment back then.

Regarding the broken header, we need to know where that information came from. If the interns did not see it, who told the City about the header break? Was it Coleman staff?

Regarding the picture, given that it was from 2013, it’s possible that irrigation rates were not as controlled back then as they are now. That field (irrigation section 1) does have a lot of Dayton soil in it and if set times for the hand lines were not limited in 2013 (quite possible), then some runoff into the Creek could have been occurring, even in July. It’s also possible that there were no setbacks from Creamery Creek being practiced at that time. Today, of course, there is fencing around Creamery Creek.

In any event, we need to take steps to make sure that no irrigation water is going into that drainage moving forward.

If I recall my conversation with Jennifer correctly from last Friday, she said that Coleman staff irrigated section 1 in early July without the City knowing it. If that is true, there needs to be an adjustment made so that the City is always aware of which sections are being irrigated on any given day, even if Coleman staff are the ones doing the irrigating. It is also my understanding that section 1 is the only section at the ranch that uses above-ground pipes to convey the water (as opposed to below ground pipes with risers that pop-up from the ground). Given that, inspections of the pipe should be made each day that irrigation is done in section 1. Additionally, the culvert/drainage at Mathias Rd should be checked daily to ensure there is no water in Creamery Creek. I will update the checklist for N. Coleman to reflect these things.

In addition to adding equipment inspection to the daily irrigation checklists, is there anything else you would recommend? Such as bigger setbacks in that area?

A 50’ setback is currently required for Creamery Creek and I think that is sufficient because it is a seasonal drainage (there was no water in it last Friday). But the steps listed above should be implemented to hopefully prevent any future runoff into it. If there is a line break in the future, hopefully the City/Coleman would notice it quickly and prevent any runoff into the creek. If there is some runoff into the creek, at least the City could be the ones to report it to DEQ, rather than the other way around.

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: Christine Hein

Sent: Wednesday, July 22, 2015 3:40 PM

To: Fasth, Bill (bfasth@BrwnCald.com)

Cc: J.W. Ring; Phil Bender; Mark Strandberg

Subject: North Coleman Property

Dear Bill-

I am hoping you can help us figure out an issue relating to the North Coleman property. DEQ staff (Dave Cole, Pat Heins and Derek Gills) conducted a site visit to observe irrigation activities back on July 8. Their report is attached. While they were there, they observed water flowing from the site into a little culvert that they say is the Creamery Creek drainage channel. They informed the City’s summer interns, who in turn informed Jake and Jason. They also turned off water to the hand lines in that area and went to inspect what was going on. They found a broken header. Once the water was turned off, they said that they did not see any water flowing from the site into the culvert. In a photo they took at the time (attached- 3440) it is clear that there is water sitting in the little culvert, though. No irrigation has occurred in that area since July 8. Jennifer went out to see the area yesterday and says that the culvert is dry, but the soils appear wet. Her photos from yesterday are attached (3461 &3462).

Jennifer also did a google earth search and found an image from last year (also attached-snip image) that shows water was in that culvert last July as well, at a time when she says irrigation was not occurring.

DEQ asked that we follow up with them to let them know what we found out about this issue. In order to do that, I think we need to know the source of the water in the culvert. I want to be able to tell DEQ that the water is not coming from the irrigation activities out there. If it is related to irrigation, then we need to talk. I thought you might have some insight since you put together detailed information about the irrigation sites when we were working on the RWUP last year. Are you familiar with the culvert at issue? Is that an area where there are supposed to be setbacks? Do you know what could be going on?

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 21, 2015 4:52 PM

To: Christine Hein

Subject: RE: Sent from Snipping Tool

Hi Tina,

All the photos have been taken at the inlet of the culvert (facing upstream). I agree the water appears to be ponding in the photo James sent.

I’ve also attached two photos I snapped this afternoon that show the ditch to be dry. However, in observance the soils appear to be damp and we have not watered that location since 7/7/2015. The definitely is other influences of ground water at this location.

I will continue to monitor this location and take photos every few days to the best of my ability.

Jennifer Cline, P.E.

City of Molalla

Public Works Director

O: 503.759.0218

F: 503.829.3676

image "file:///C:

From: Christine Hein [mailto:CHein@ringbenderlaw.com]

Sent: Tuesday, July 21, 2015 4:14 PM

To: Jennifer Cline <jcline@cityofmolalla.com>

Subject: RE: Sent from Snipping Tool

Thanks, Jen- If you can tell which way the water flows in that little culvert please let me know. Although it appears mostly to just be standing water, the angle of the land makes it appear that any water would be running out of the pipe and into the field, not vice versa.

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 21, 2015 3:46 PM

To: Christine Hein

Subject: Sent from Snipping Tool