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N 2) The recommendation that a dike on Indian Creek be built was a suggested mitigation step in an EIR submitted for a landfill application. Construction of the dike is in accordance with the EIR recommendation for the landfill. A grading permit which you may be considering, the construction of the dike, the disposal of construction/demolition debris, the disposal of cannery waste, would describe a landfill. 3) The applicant references the "approval" of an EIR in the late 70's. The EIR was required for a landfill application which was withdrawn due to strong local opposition. A landfill was never"approved", however the landfill of construction/demolition waste was an activity listed on the landfill application. The Calaveras County files document a twenty year history of complaints of dumping and burial of waste including concrete, pipes, cans, trash. The area has been used as a landfill without a solid waste permit. 4) The materials reported on the complaint of illegal dumping were buried between your phone contact on July 7 and your inspector's visit on July 12. At the point when the "recyclables" and other trash went under dirt, solid waste disposal occurred. The site has been used for unregulated disposal of solid waste for twenty years (see attached short chronology). It is a watershed area for the Calaveras River and subsequently the Stockton municipal water supply. Material from this site is documented as entering the Calaveras River in the past-there is no reason not to assume that leachate, debris, and unknown substances will enter the Calaveras River in the future. Please revoke the exemption and initiate appropriate enforcement action. Very truly yours, Terri Mercer cc: Mary Pitto, Calaveras County Planning Department Terri Bailey, Calaveras County Board of Supervisors Victor Izzo, Central Region Water Quality Control Board Mike Kelffer, Integrated Waste Management Board Lt. Dennis Deandra, California Department of Fish and Game