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+V1 LVVY IG V IIYI In VLF111111111.111 VI IIlnlWrV1\Inn IVI1 IIV 0JuJ I ' John h'underburg November 17, 2004 Page 2 4-_. n*"rhe State rio�ht-of-wav imay contine to do sn with. .. ago . . J, t _1 _ u the conditions that peak flows may not he increased from the pre-construction quantity and the site runoff be treated to meet present storm water quality standards. if historical undeveloped topography shows drainage from this site did not flow into the State right- of-way, then it will not be allowed to flow into the State right-of-way at this time. Environmental Planning This project, as described within the received documentation, appears to have the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. An appropriate CEQA document must identify all the potential impacts with adequate supporting documentation, available for review, to the avoidance, minimization, or mitigation of such impacts. (Ref: California Environmental Quality Act of 1970, Sections 15378 and 15063, as amended) The adoption or amendment of general plans or elements, approval of tentative subdivisions maps, and the issuance of zoning variances and conditional use permits, arc all subject to CEQA;therefore, an appropriate environmental document must be completed prior to project approval. (Ref: California Environmental Tality Act of 1970, Section 15378, subd. (a)(1); DeVita v. County of Napa(1 195)9 Cal.4 763, 793-794 [38 Cal.Rptr.2d 699]) (Ref.: Public Resources Code, § 21080, subd.(a)) (Ref.: Pub. Resources Code, § 21080, subd.(a))also Starbird v. County of San Benito (151 Dist. 1981) 122 Ca1.App.3d 657 [176 Cal_Rptr.I49](conditional use permit for manufacturing facility)) There is no environmental document with this project to review; and therefore, it is impossible to ascertain the environmental impacts of this project to the State Transportation System. This is especially important when the project is adjacent to the right of way, contains a direct encroachment, or land dedication to the State of California. Please send us a copy of the environmental document (Initial Study for Negative Declaration (with or without mitigation measures)) or the DEIR when it is available. This project may require a scoping meeting, in accordance with Public Resources Code 21083.9, to be held within thirty days of this response. This meeting would be held in District 10 main office, Stockton. To many instances, the completed CEQA environmental document has been accepted as an alternative to this meeting. (Ref: California Environmental Quality Act of 1970, Section 2109.24, as amended) While it is understood that State Route 99 (SR-99) is not a scenic highway,historically SR-99 has been an opportunity for the traveling public to view agricultural land and uses which includes open space between communities. Please include measures that could be taken to avoid, reduce, or mitigate the visual impacts to the traveling public on the loss of agricultural and open space land to other uses. 'Calnanc Imp w,moAllrty acorn Cahfarma`