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a H-kCRARD & TAYLOR A PROFESSIONAL CORPORATION ATTOBNEYS MICHAEL A.HACKppD I435 RIVER PARK DRIVE, SUITE 300 JOHN M.TAYLOR SACRAMENTO, CALIFORNIA 95815 B. DEMAR HOOPER TELEPHONE:(916)929.5545 MICHAEL J.RAINVILLE TELEFAX:(916)929'0283 M. REED HOPPER JONATHAN C. RIESE JAMES S.WILEY KARIN E.SCHWAB THEODORE J. HOLT June 25, 1992 Ms. Kelly Sullivan Community Development Department SAN JOAQUIN COUNTY 1810 E. Hazelton Ave. Stockton, CA 95205-6232 Re: Hardesty/Proposed Commercial Fish Pond, APN 005-220-06 & 11 Dear Ms. Sullivan: Enclosed please find a completed application for Site Approval. This letter also includes additional project details. The proposed ponds will serve two purposes. First, they will enable Mr. Hardesty to store water for stock watering and irrigation purposes. The Central Valley's current drought, as well as that of the late 1970's, provides evidence of the need for such a project. Second, the ponds will serve as bass ponds where Mr. Hardesty will raise and harvest bass commercially. The depths required for both these ponds are justified by their function. A deeper pond will naturally hold a greater volume of water for use during the dry summer months. Additionally, the greater depth is essential for the bass, which requires both cooler water and shelter from bright light. Requiring the excavated soil to remain on-site, considering the size dimensions of Mr. Hardesty's land, would serve no purpose and would ultimately prove unworkable. The designated spoil area is already above the flood plain and storing more soil there would not contribute to any flood plain preservation. Furthermore, this site is already over fifteen feet above the adjacent ponds and piling more soil on top of a high point simply serves no purpose. Under these conditions, since excavation requirements bear no rational relation to any valid purpose, Mr. Hardesty requests that there be no on-site retention condition.