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• u ISOLA & RM, LLP <br /> ATTORNEYS AT LAW <br /> 701 SOUTH HAM LANE (� <br /> LODI,CALIFORNIA 95242 <br /> TELEPHONE(209) <br /> FACSIlvILE(209)367-7056 Lr <br /> v ��D <br /> February 20, 2007 FEB 2 12007 <br /> ENVIRONME('iT HEALTH <br /> Via Hand Delivery PEWIT!SERVICES <br /> Mr. Rick Griffin <br /> SAN JOAQUIN COUNTY COMMUNITY <br /> DEVELOPMENT DEPARTMENT <br /> Development Services Division <br /> 1810 East Hazelton Avenue <br /> Stockton, California 95205 <br /> Re: Application No.: PA-0500306 (SA) <br /> Vernon and Jenise Vierra("Permittees") <br /> Dear Mr. Griffin: <br /> This letter is submitted in response to your letter dated January 18, 2007, regarding an <br /> extension of the above-referenced permit, and is submitted on behalf of the individuals <br /> identified on Attachment A hereto, who are property owners in the vicinity of the <br /> proposed project. <br /> We were frankly surprised to learn that the permit had been granted in that there is no <br /> apparent record that notice was provided of a public hearing for the issuance of the <br /> permit--despite the fact that timely letters of protest were submitted to the Community <br /> Development Department in July 2005. Notwithstanding the lack of notice of a public <br /> hearing regarding the initial issuance of a permit for this project, ample grounds presently <br /> exist to revoke the permit for health, safety, and environmental reasons, including but not <br /> limited to the following: <br /> 1. The location of the proposed vineyard and associated wine-making facility is <br /> located immediately adjacent to and up-slope of Gill Creek, a tributary of the Mokelumne <br /> River, which is a navigable water of the United States pursuant to §502(7) [33 U.S.C. <br /> §1362(7)] of the Clean Water Act, 33 U.S.C. §§1251-1387. The record respecting this <br /> permit is void of adequate plans to prevent discharges into Gill Creek from: (a) <br /> construction-related activities; (b) vineyard installation-related activities; (c) wine- <br /> making activities; or (d) winery parking and other winery operational activities. The <br /> absence of measures to prevent federal and state regulated run-off from entering Gill <br /> Creek, or, alternatively, a requirement that a permit be obtained pursuant to the National <br /> Pollution Discharge Elimination System allowing such run-off, constitutes a violation of <br />