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Giuseppe Sanfilippo San Joaquin County Planning Commission Re. Proposed Mitigated Negative Declaration for Use Permit No.PA-1800316 of Ahmed Hussein(c/o Shack&Company) February 21,2020 Page 5 outside of spring and summer months,also leaves unanswered the question of how manure will be disposed,and water quality impacts avoided,in the fall and winter months. Manure application immediately preceding a significant rain event is a high pollution risk and should be avoided. Finally,Mr.Chesney states: It is imperative that equal distribution of manure prior to cropland planting be observed. Animal pens that are installed in the cropland must also be rotated when manure accumulates and the crop has mostly been completed. (Id.) These essential operating conditions are plainly mitigation measures and must be included in the IS/MND and MMRP. It is possible that permits required by other regulatory agencies would ensure that groundwater and surface water quality are protected,and substantial degradation and significant impacts from manure spreading are avoided. However,the TS/MND fails to clearly address the permitting requirements,or include enforceable mitigation measures with performance standards that would ensure that significant impacts are avoided. In its January 17,2019 comment letter(Staff Report,Attachment B,pp.25-29),the RWQCB identifies a number of applicable regulatory requirements,including waste discharge requirements and compliance with the Irrigated Lands Regulatory Program;a mitigation measure should be included to require compliance with this program and all permits identified by the RWQCB. The San Joaquin County Environmental Health Department Confined Animal Facility Manure/Solid Waste Management Plan Guidance Document is included with the Manure Management Plan documentation(Staff Report,Attachment D,p.44);however, the 1S/MND does not explain whether the Project complies with these guidelines. Further,the proposed Conditions of Approval state"Owner shall check with the SWRCB to determine if an Industrial Storm Water Permit will be required." (Staff Report,Attachment F,p.6, Condition 2,h.) This condition does not ensure that the owner will obtain any permit or comply with the conditions to a storm water permit. The County,as the CEQA lead agency,has the obligation to ensure that impacts are clearly avoided and to adopt adequate enforceable mitigation measures. The IS/MND must be revised to include a mitigation measure requiring that the owner consult with the SWRCB and,if necessary,obtain an Industrial Storm Water Permit,and comply with all conditions of any such permit. Finally,the IS/IvIND also should include mitigation measures ensuring compliance with the operating conditions outlined in Mr.Chesney's Manure Management Plan analysis,as discussed above. Planning Commission Staff Report, PA-1800316(UP) 89 Response Letters