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. GEpt <br /> GENESIS ENGINEERING&REDEVELOPMENT <br /> Howard F. Hold, P.G. <br /> May 29, 2009 <br /> Page 3 <br /> While it is correct that the flooding resulting from a possibly levee breach is a violation of the <br /> California Water Code and should be stopped immediately, the responsibility for any remedial <br /> actions lies with the owner of the northern parcel, and not with the owner of the Site. <br /> Furthermore,there is an elevated berm separating the northern and southern parcels, which has <br /> prevented the breach from flooding the Site. There is no evidence (such as aerial images, <br /> wetland vegetation, saturated soils, etc.) of recent flooding on the Site. In addition, there is no <br /> evidence to indicate that the breach will have anv impact on the closure strategy for the Site. <br /> Should you have any questions or require additional information, please do not hesitate to <br /> contact me at(209) 599-2004. <br /> Respectfully submitted, <br /> Genesis Engineering& Redevelopment,LLC <br /> Christine W. Brown <br /> Senior Project Manager <br /> cc: Steve Rosenbaum, RWQCB <br /> Jerry Lile, DTSC <br /> Margaret Lagorio, San Joaquin County Environmental Health Department <br /> Mark Bradford, ERM West <br /> Ron Barber <br /> David Isola, Isola Law Group <br />