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D. L. & JoAnn Von Aspern POB 243 Murphys, CA 95247 Cell 916-591-2679 dvajet@aol.com VIA EMAIL — 2ND OF TWO December 28, 2020 Giuseppe Sanfilippo San Joaquin County Community Development Dept RE: PA -2000007 (PP) & PA -2000094 (DA) Site Address 12470 Locke Road. I am writing to express that the determination of a Mitigated Negative Declaration for the subject project is deficient, based on the findings presented below. CEQA statute indicates that the California "Cortese" database shall be reviewed for known or potential hazardous materials release sites. The Cal -EPA website lists several agency databases that currently "provide information regarding the facilities or sites identified as meeting the `Cortese list' requirements" (see screen shot attached). Your Mitigated Negative Declaration (MND) dated November 23, 2020 reviewed only one of the five databases that are equivalent to the Cortese database. The subject property IS listed under two different categories on the SWRCB GeoTracker database. This lack of statutorily -required Cortese agency database review is a significant deficiency in the MND. The subject property is listed as case -closed in one GeoTracker entry, but the lack of appropriate agency database review is inexcusable. And one of the two GeoTracker listings does not list any information regarding the nature of historic inflows to the "Industrial Wastewater Ponds" that the property historically contained. Thus, it cannot be determined whether that area of the property has become contaminated based on historical discharges to land. Based on the deficiencies listed above, the Applicant should be required to provide to the County and submit into the Public Record its Phase I Environmental Site Assessment (ESA). This ESA is highly likely to have been prepared by a recent or previous site purchaser, and is typically mandated as part of a lender's review of accepting the property as collateral, for example. Furthermore, given the presence of an apparent catalytic "cracking tower" on the property, it is highly likely that at some point in its history the property was used as something other than a "winery." Review of a properly performed ESA by licensed professional(s) would shed light on historical land uses; and, would present an opinion regarding known or suspected instances of hazardous materials contamination of soils and/or groundwater. Thank you for this opportunity to comment and we look forward to the County's defensible responses. David Von Aspern Authorized Agent for JoAnn Von Aspern Landowner @ 17832 N. Tretheway Road