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BARRY J . SHOTTS <br /> ATTORNEY AT LAW <br /> 1224 EDWARDS .STREET <br /> .SAINT HELENA, CALIFORNIA 94574 <br /> TEL: 415-595-2821 <br /> October 31,2012 <br /> VIA EMAIL(mhatefa sj ov.or <br /> Mo Hatef <br /> Senior Planner/San Joaquin County <br /> 1810 East Hazelton Avenue <br /> Stockton,CA 95202 <br /> Re: Staff Report and Conditions of Approval- Use Permit Application No. PA-0900184 <br /> of Union Pacific Railroad <br /> Dear Ms Hatef: <br /> I am writing in regard to the Staff Report and Conditions of Approval for Use Permit <br /> Application No.PA-0900184,which pertains to the Union Pacific Expansion and <br /> Modernization Project(the "Project"). <br /> The Staff Report states at page 7 that it is Union Pacific's position that it is exempt from <br /> local land use law as a public utility regulated by the California Public Utilities <br /> Commission. It is also Union Pacific's position that local land use law is preempted by <br /> Section 10501(b)of the Interstate Commerce Commission Termination Act of 1995 <br /> ("ICCTA'). <br /> The Staff Report states at pages 8 through 9 that air quality thresholds and diesel <br /> particular matter("DPM")thresholds related to health risks would likely be exceeded as <br /> a result of the project. I would like to note that these thresholds would be exceeded only <br /> without mitigation and/or implementation of the Drayage Truck Rule("DTR")by the <br /> California Air Resources Board("CARB"). As the Final Environmental Impact Report <br /> ("FEIR") for the Project concludes, air quality thresholds and DPM thresholds related to <br /> health risks would not be exceeded with implementation of the DTR and mitigation <br /> measures required by the FEIR. <br /> The Staff Report states at page 13 that evaporation ponds must be double-lined with <br /> impermeable material and fitted with an automatic leak detection system between the two <br /> layers of impermeable material. I would like to note that only the evaporation ponds <br /> receiving treated industrial wastewater from the crane maintenance pad,the maintenance <br /> shop, the diesel fuel storage area, and the fueling and fuel pump areas must be lined and <br /> Land Use I Real Estate I Environmental <br /> Email: barrv(alshottslaw.com <br /> Web: w .shottslaw.com <br />