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Juanita Huerta <br /> May 23,2017 <br /> Page 2 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, 2017,1 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 />