SITE INFORMATION AND CORRESPONDENCE

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i� I I I Defendant, through its lessee BC Golden ate ("GoldenGate") and 2 GoldenGate's contractor, accidental) damaged one (1) 3 groundwater monitoring well which had reviously been installed 4 by Arco on defendant's property in onnection with Arco's 5 remedial activities at its own property. This unintended damage 3 6 occurred during construction grading activities despite express 7 efforts by defendant, through GoldeaGa e, to protect the well by 8 marking it and)by covering it with plywood. Defendant, through 9 GoldenGate and GoldenGate's consultant, subsequently lawfully 10 destroyed the monitoring well, under the supervision of and with F 11 the prior approval of the San Joaqui County Public Health 12 Services - EAvironmental Health Division. Defendant and 13 GoldenGate are now in compliance with San Joaquin County 14 Ordinances pertaining to monitoring wells. 16 8. The use of such unlawful arid' or unfair business practices constitutes unfair 17 competition within the meaning of § 17200 of the California Business and Professions Code. 18 The unlawful anal/or unfair business practices committ d by the defendants include: i 19 a. Violation of San Joaquin County Ord inanc a Section 9-1115.3,by digging, drilling, 20 boring, driving, repairing or destroying a monitoring we I without prior approval by the Director r I 21 of the Environmental Health Division pursuant to a W61 Permit; IF 22 b. Violation of San Joaquin County Ordinance Section 9-1115.6, by constructing or 23 modifying a monitoring well facility in violation of the uniform standards for the construction, 4 24 installation alteration, and modification of well facilities adopted by the Board of Supervisors :r 25 pursuant to this section; 1 i 26 C. Violation of San Joaquin County Ordina Lice Section 9-1115.5(c), Abandonment 27 of Wells, by destroying a monitoring well in a manner not consistent with the requirements of 28 Chapter 9-1115, potentially enabling the entrance of degraded or contaminated water into usable 29 aquifers or the creation of a safety hazard.