"file:///C:From: Jennifer Cline
Sent: Wed Mar 09 16:10:14 2016
To: Gerald Fisher
Cc: Nicolas Lennartz
Subject: RE: Stone Place Phase 3
Importance: Normal
I will get on sending this out tomorrow.
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: Gerald Fisher [mailto:geraldf@pdgnw.com]
Sent: Wednesday, March 09, 2016 4:05 PM
To: Nicolas Lennartz <nlennartz@cityofmolalla.com>
Cc: Jennifer Cline <jcline@cityofmolalla.com>
Subject: RE: Stone Place Phase 3
The plan review is done and they only have minor edits. Once they get the comments, the ball will be in their court. That’s all we can do for them. Have a good evening.
Regards,
Gerald Fisher, PE | Senior Project Manager
PROJECT DELIVERY GROUP, LLC | 3150 22nd Street SE; Salem, OR 97302
www.PDGNW.com | 503-364-4004 (O) | 503-679-9237 (C)
** CONFIDENTIALITY NOTICE: The information contained in this email message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient and have received this communication in error, please contact the sender by reply email and destroy all copies of the original message. Thank you.
From: Nicolas Lennartz [mailto:nlennartz@cityofmolalla.com]
Sent: Wednesday, March 09, 2016 4:02 PM
To: Gerald Fisher <geraldf@pdgnw.com>
Cc: Jennifer Cline <jcline@cityofmolalla.com>
Subject: RE: Stone Place Phase 3
Hi Gerald,
Thanks for the info. As you could see from the emails I’m not issuing any permit despite his requests. I am fully aware of the mistake made in issuing the grading permit, and don’t intend on repeating it again. I await the signing of the development agreement and final sign off from the engineers (you) regarding the compliance with all ancillary permits through DSL or otherwise, as well as SDC payments.
They think they’re a lot closer than they actually are, I don’t know how else we can keep telling them.
Nicolas Lennartz | Community Planner | City of Molalla
O: 503∙759∙0219 | C: 503∙998∙7048
communityplanner at cityofmolalla.com
117 N. Molalla Ave. | Molalla, OR 97038
From: Gerald Fisher [mailto:geraldf@pdgnw.com]
Sent: Wednesday, March 09, 2016 1:20 PM
To: Nicolas Lennartz <nlennartz@cityofmolalla.com>
Cc: Jennifer Cline <jcline@cityofmolalla.com>
Subject: RE: Stone Place Phase 3
Importance: High
Hi Nicolas,
Do not issue any permits. I am reviewing the plans with a note about the Oregon Removal-Fill Law. In short it says the following:
Oregon’s Removal-Fill Law (ORS 196.795-990) requires any person who plans to “remove or fill” material in “waters of the state” to obtain a permit from DSL. In determining whether a permit is required for a proposed activity, the Department must determine all of the following:
· The activity is proposed in a water of the state (i.e., a jurisdictional waterway or wetland)
· The activity meets the definition of removal or fill
· The activity is not exempt
Also from DSL’s website:
Waters of the State – Types of Jurisdictional Waters and Their Boundaries – Wetlands
Wetlands are areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands are jurisdictional within the wetland boundary. A wetland boundary is delineated and mapped according to the wetland delineation manual developed by the Corps. Wetland delineation reports are prepared by wetland consultants and submitted to DSL for review and approval (jurisdictional determination). Jurisdictional determinations for wetlands are valid for a period of five years, unless new information necessitates a revision.
Identifying Regulated Waters on the Project Site
DSL recommends that identification of wetlands or waters on the project site and getting confirmation of the jurisdictional boundaries (a jurisdictional determination) be done as early as possible in the project planning process so that applicants can:
· Determine the need for a permit
· Avoid and minimize impacts where possible
· Assess the mitigation obligation
· Eliminate surprises or revisions that could result in increased time and money for the project
The wetland identification process should begin at least six months in advance of project design to allow time to:
· Secure consulting services
· Conduct field work (some wetlands require a spring hydrology check)
· Prepare a wetland delineation report
· Obtain DSL approval (120 days or longer)
How to Identify Regulated Waters
Wetlands, rivers, perennial and intermittent streams, lakes, many ponds, the Pacific Ocean and estuary bays are subject to state removal-fill permit requirements. A complete listing and description of jurisdictional waters of the state can be found in Chapter 2: When is a Permit Required? Some of these waters are easy to identify and determine the jurisdictional status, but others may be more difficult.
For example, some wetlands may never have surface water or may dry out in the summer and don’t really “look like wetlands.” An informal evaluation of the property using the tools described in the “How to Identify Wetlands” fact sheet may be helpful in the identification of wetland presence. In some instances, the Department may conduct an off-site wetland determination upon request. If wetlands are suspected, a wetland consultant should be retained to conduct a formal wetland determination or delineation for confirmation.
Jurisdictional Confirmation from DSL
The presence, or absence, of regulated wetlands and waters, as well as their jurisdictional boundaries, are not official until DSL makes a jurisdictional determination.
Generally the jurisdictional determination of non-wetland waters, including the elevation of OHW or HMT is confirmed by the Resource Coordinator at the time of the removal fill permit application. Earlier confirmation may be obtained during a pre-application meeting.
For wetlands, jurisdictional determinations are made upon review of a wetland determination or delineation report. Wetland determination and delineation reports are reviewed separately from permit applications and should be submitted in advance of project design. If non-wetland waters are also present on the project site, the Department will include them in the jurisdictional determination at the time of the wetland report review.
In most cases, if a project involves removal or fill in wetlands, a wetland delineation report that meets the requirements of OAR 141-090 must be reviewed and approved by DSL prior to permit issuance.
Though the City has asked on multiple occasions for documentation that the process was follow, to date no documentation has been produced by the applicant demonstrating that they have completed all of the requirements set out by DSL and as noted above. Based on my conversation with a DSL representative, there is a likelihood that this will be an enforcement action by DSL. The applicant will need to work with DSL to submit necessary documentation to resolve the grading activities in the easterly portion of the site. As I understand it, they need to submit a wetland delineation with a forensic finding to DSL for their review and approval. This review process can take up to 120 days to complete.
Regards,
Gerald Fisher, PE | Senior Project Manager
PROJECT DELIVERY GROUP, LLC | 3150 22nd Street SE; Salem, OR 97302
www.PDGNW.com | 503-364-4004 (O) | 503-679-9237 (C)
** CONFIDENTIALITY NOTICE: The information contained in this email message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient and have received this communication in error, please contact the sender by reply email and destroy all copies of the original message. Thank you.
From: Jennifer Cline [mailto:jcline@cityofmolalla.com]
Sent: Wednesday, March 09, 2016 10:39 AM
To: Nicolas Lennartz <nlennartz@cityofmolalla.com>
Cc: Gerald Fisher <geraldf@pdgnw.com>
Subject: FW: Stone Place Phase 3
Jeff needs approval from the City, Gerald had a few comments to follow up on.
Thanks,
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: Jeff Bolton [mailto:JBolton@mtengineering.net]
Sent: Wednesday, March 09, 2016 9:42 AM
To: 'Nicolas Lennartz' <nlennartz@cityofmolalla.com>
Cc: 'Jennifer Cline' <jcline@cityofmolalla.com>
Subject: Stone Place Phase 3
Good morning Nicolas,
Just wanted to give you an update on the private civil plans being reviewed by Clackamas County.
The private sanitary sewer and domestic water plans are approved. The storm drainage will be approved in a couple of days. We had some roof drain updates to be done and I should have these plans submitted back to the county this afternoon.
So in theory we could be pulling permits and starting up the private storm drainage later next week. Is there any reason from the city of Molalla’s viewpoint on why we could not start up this work???
I gave Jennifer a heads up yesterday, that we are going to start getting building plan approvals as well by the 1st of next week, although I do understand that I need to have the public sanitary and public fire line plan approval prior to having you (Nicolas) send me an approved site plan for the release of the building permits through the County.
Thanks,
Jeff Bolton
Multi/Tech Engineering