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Juanita Huerta <br />May 23, 2017 <br />Page 2 <br />Application PA -1700072. The landlord selling the property to Phelan Development, <br />made the contemplated operation of our business, and the site approval application <br />commercially impossible. This was confirmed by an email we received on <br />April 11, 2017 from Alisa Goulart and Moe Hatef from the SJ Planning/Development <br />Department that states "we will not be able to accept an application for a project that <br />is in the same location..." Email attached for your reference. <br />2. The letter also states, "this department received a report of a violation of the SJ <br />County Development Title," and ..."an investigation by this department found that <br />the following violations exist..." <br />Since GER did not receive a copy of the report of the violation that you mention, I <br />can only speculate that you are referring to the material on site because other <br />inspectors have made the error in believing that the material on site is the same as <br />operating a business. So, I will address the material as follows; <br />Greeen Earth Recovery has held a CalRecycle permit that allows me to manage the <br />material on site, prior to operation. I have attached the CalRecycle permit for your <br />reference. All material on site is permitted and CalRecycle conducts a quarterly <br />inspection and we have complied with EHD/CalRecycle up to this point. <br />In addition to a request for appeal, I would like your department to note that I am no longer a <br />responsible party at 20500 Holly Dr. <br />As of May 23, 2017, I was forced to surrender procession of the property due to the continued <br />breach of lease by landlord. Accordingly, on these grounds alone, we ask that the notice of <br />violation be released, but without in any way admitting that Green Earth Recovery was required <br />to abate as there was not violation for the reasons we have stated. <br />In the alternative, if the County does not summarily release the note of violation, under Section <br />9-1905.12 SJ County Ordinance Code, let this letter serve as written request for an office <br />hearing; for an appeal and an attempt to resolve this matter. <br />Sincerely, <br />Bert Valdez <br />President <br />Green Earth Recovery <br />