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TUE 1558 SEC 0 1 192 P 03 1;'N JOAQUIN COU=NTY F'UlidC HEALTH SVVICLS EN,hiV4MENTAL HEALTH DIVISION F UNFORTUNATELY, THE RAILWAY HIRED A CONTRACTOR WHO WAS NOT QUALIFIED TO DEAL WITH THE PROBLEM. THE CONTRACT WAS TO HAVE BEEN PERFORMED WITHIN 45 DAYS WITHOUT FURTHER DAMAGING THE RESOURCE AND WITH PROPER DISPOSAL OF THE WASTE MATERIALS. ON OCTOBER STH, THE 45TH DAY, FISH AND GAME ALONG WITH MEMBERS OF OUR ENVIRONMENTAL PROSECUTIONS UNIT VISITED THE SITE TO CHECK ON COMPLETION. THE CONTRACTOR WAS JUST BEGINNING THE PROCESS OF REMOVAL AND WAS FURTHER DAMAGING THE WETLANDS BY USING INAPPROPRIATE METHODS SUCH AS DRAGGING THE TIMBERS . THE CONTRACTOR'S WORK WAS HALTED BY FISH AND GAME AND THE DISTRICT ATTORNEY'S OFFICE NOTIFIED THE RAILWAY THAT A CRIMINAL COMPLAINT WOULD BE FILED. IT WAS AT THIS JUNCTURE THAT THE WEST COAST EMPLOYEES FINALLY CONTACTED THE CORPORATE HEADQUARTERS IN ILLINOIS. SENIOR OFFICIALS AT SANTA FE RAILROAD THEN AGREED TO IMMEDIATELY HIRE A QUALIFIED CONTRACTOR TO PROPERLY REMOVE THE TIMBERS WITHOUT FURTHER DAMAGE TO THE WETLANDS. SINCE THAT DATE, THE CORPORATION HAS DONE EVERYTHING IN ITS POWER TO COMPLY WITH REQUESTS OF THIS OFFICE AND THE AGENCIES WITH OVERSIGHT RESPONSIBILITY. IN THE LAST 5 WEEKS THE RAILWAY HAS SPENT OVER $400, 000 . 00 CLEANING THE AREA OF THE DEBRIS AND DISPOSING OF IT PROPERLY. THIS EFFORT INVOLVED DOZENS OF SANTA FE EMPLOYEES AS WELL AS NUMEROUS OUTSIDE CONTRACTORS AND AT TIMES AS MANY AS 4 CRANES AND 2 BARGES. AN INSPECTION EARLIER TODAY REVEALED THAT ALL WASTE MATERIALS HAVE BEEN REMOVED AND THE CREOSOTE SHEENS HAVE BEEN REMOVED FROM THE WATERS' SURFACE. SANTA FE HAS CONTRACTS WITH BOTH THE DEPARTMENT OF FISH AND GAME AND THE COUNTY HEALTH DEPARTMENT TO MONITOR THE AREA THIS WINTER AND IN THE YEARS TO COME. NEXT SUMMER THE RAILWAY WILL ACCOMPLISH PHASE TWO OF THE AGREEMENT AND REMOVE ALL BALLAST MATERIALS (ROADBASE) PREVIOUSLY THROWN INTO THE WETLAND. LATER NEXT SUMMER, THE RAILWAY WILL COMMENCE PHASE THREE OF THE AGREEMENT AND BEGIN TO REPLANT AND RESTORE THE DAMAGED WETLANDS. WHEN THE PROJECT IS COMPLETED IT IS ANTICIPATED THAT WITH FINES, GRANTS, CLEAN UP COSTS AND ASSOCIATED RESTORATION SANTA FE WILL HAVE SPENT BETWEEN $1 . 5 AND $2 . 0 MILLION. IT SHOULD BE NOTED FOR THE RECORD THAT NO REPORTED LOSS OF WILDLIFE HAS BEEN ALLEGED OR DOCUMENTED OTHER THAN LOSS DUE TO PHYSICAL DAMAGE TO THE MARSH. IF YOU HAVE FURTHER QUESTIONS OR WOULD LIKE TO VIEW PHOTOGRAPHS OF THE PROBLEMS AND ASSOCIATED CLEAN UP, PLEASE CONTACT DEPUTY DISTRICT ATTORNEY DAVID IREY AT 468-2470. 2 .