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u 114W Mr. Rick Griffin February 20, 2007 Page 2 §301(a) of the Clean Water Act, 33 U.S.C. §1311(a). 2. Presently and historically strewn about and beneath the proposed project area are/have been: (a) one or more discarded automobile(s); (b) what appear to be discarded fuel storage tanks; (c) discarded farm equipment likely containing lead paint and other environmental contaminants; (d) discarded telephone poles (likely containing PCBs and creosote); (e) discarded building materials exposed to the elements and potentially leaching harmful constituents into the soil and groundwater; (f) discarded vehicle batteries; (g) discarded paint containers; (h) discarded asphalt; (i) remnants from non- agricultural burning activities; and (h) discarded vehicle batteries. Anecdotal information also exists of materials being discarded in areas of Gill Creek outside of public view, behind Permittees' home. In addition to constituting a violation of California Health and Safety Code§25189.5 (proscribing the unlawful disposal of hazardous waste), the current and past presence of these materials may pose an imminent and substantial endangerment to health or the environment, and is therefore actionable under §7002(a)(1)(B) of the Solid Waste Disposal Act a/k/a the Resource Conservation and Recovery Act, 42 U.S.C. §6972(a)(1)(B). The public record respecting this permit does not reflect any consideration given to how the conditions that may pose an imminent and substantial endangerment to health or the environment will be eliminated and/or how these conditions could be exacerbated by construction activities authorized by the subject permit. To the extent contaminants related to the discarded materials referenced above enter Gill Creek, the presence of these materials also constitutes a violation of§301(a) of the Clean Water Act. A photo log depicting many of the conditions described above is included as attachment B hereto. The record of this matter should also reflect that Permittees returned from an extended vacation approximately two weeks ago, and presumably learned of the issues raised in this letter given that a draft was circulated to surrounding property owners. In recent days, efforts have been undertaken to remove some of the discarded materials listed above, which raises the question of whether Permittees have committed violations respecting the transportation and disposal of hazardous waste pursuant to California Health and Safety Code §25163 and §25189.5, respectively. In light of the adverse environmental conditions described above, an extension of the subject permit, and/or the adoption of a Negative Declaration respecting the environmental impact of the subject permit would constitute an arbitrary and capricious act in violation of the California Environmental Quality Act, §§21000 et seg. of the California Public Resource Code, the Clean Water Act, 33 U.S.C. §§1251-1387 and the Resource Conservation and Recovery Act, 42 U.S.C. §§6901 — 6992k. As such, any actions taken by the County of San Joaquin and/or the property owners without appropriately addressing these environmental conditions are subject to a prohibitory injunction by the United States District Comet for the Eastern District of California