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Ms. Charlene Herbst • • Mr. Sean Walsh Mr. Jay Cross August 5, 2009 Page 2 of 5 of 2400 dairy cows, and arranging for the collection, storage and disposal of animal waste, in large part via animal wastewater discharge to open lands. We advised that Lima Ranch's operations introduce nitrate into the groundwater through several mechanisms, among the most blatant are infiltration and percolation from the "waste pond," which is deep (twenty-plus feet) unlined surface impoundment into which animal waste and waste- water is collected and stored pending further disposition. Further, the contents of the waste pond are sporadically spread across the fields surrounding the Lima Ranch via flood irrigation. Whether through infiltration and percolation from the pond, or from the load of nitrate and other constituents present in the animal wastes having exceeded the retention capacity of the soil and the uptake capacity of the crops, (or both), groundwater underlying and in the vicinity of the Lima Ranch exceeds the maximum contaminant level for nitrate. Pursuant to a court order, Mr. Coldani's environmental consultants, Genesis Environmental and Redevelopment ("GER"), obtained access to the Lima Ranch during October 2008 to sample the groundwater and animal waste lagoon. The results of this sampling confirm that the groundwater beneath Lima Ranch is impacted with levels of nitrate well above applicable standards. The data further demonstrates that the primary source of this nitrate is the dairy cow manure, urine, and other wastes stored in the waste lagoons and ditches at Lima Ranch and applied to croplands at Lima Ranch. Specifically, the data confirmed that: (i) high levels of the reduced forms of nitrogen (ammonia) are present in the waste lagoons and ditches; and (ii) high levels of the oxidized form of nitrogen (nitrate) are present in the groundwater beneath the croplands at levels more than 10 times the California Maximum Contaminant Level (MCL) established by the Department of Health Services. A copy of the March 31, 2009 GER letter report detailing the above-referenced findings was sent to you on April 8, 2009. A copy of the GER letter report and receipt evidencing delivery to the RWQCB on April 9, 2009 are enclosed as Attachment"A." Further, recent sampling of the domestic and irrigation water supply wells located on Mr. Coldani's property located immediately east (hydraulically down-gradient) from the Lima Ranch revealed nitrate concentrations approximately 4 times the MCL. (See, Attachment "B.") Recent sampling at Mr. Coldani's neighbor's home (also hydraulically down- gradient from Lima Ranch) similarly revealed nitrate at between approximately twice and five times the MCL. (See, Attachment"C.") Neither my office nor my client has received so much as an acknowledgement from the RWQCB regarding either the August 5, 2008 or April 8, 2009 submittals. In light of the RWQCB's apparent complete disregard for this situation, in early July 2009 the enclosed Fact Sheet was sent to homeowners in the vicinity of the Lima Ranch to develop additional information for use in obtaining an injunction compelling Lima Ranch to investigate and