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Ms. Charlene Herbst • • <br /> Mr. Sean Walsh <br /> Mr. Jay Cross <br /> August 5, 2009 <br /> Page 3 of 5 <br /> abate adverse impacts to groundwater caused or contributed to by its operations. (See, <br /> Attachment "D.") <br /> In response to the Fact Sheet, we have received: <br /> 1. Responses from local homeowners advising their belief that their wells have <br /> been impacted by nitrates and inquiring regarding the ramifications (as you <br /> should know all local homeowners are on domestic wells); and, <br /> 2. The enclosed defamation lawsuit from the Lima Ranch against my client and <br /> GER. (See, Attachment"E.") <br /> The lawsuit brought by the Lima Ranch, at paragraph No. 31, states: <br /> 31. The file that the RWQCB maintains with regard to Lima Ranch shows <br /> that: <br /> a. RWQCB is not investigating Lima Ranch at this time. <br /> b. Lima Ranch is not under any enforcement orders at this time. <br /> c. RWQCB has no outstanding issues with Lima Ranch at this <br /> time. <br /> d. Lima Ranch has turned in all paper work required to be <br /> provided by dairies under WDR 2007-0035. <br /> e. RWQCB conducted an inspection on February 3, 2009. <br /> RWQCB inspector Sean Walsh prepared an inspection report ("Inspection <br /> Report"). The Inspection Report stated that "No violations were <br /> observed." The Inspection Report further stated that "Silage seepage was <br /> contained and/or diverted to the wastewater settling basin or lagoon. The <br /> wastewater lagoon had approximately 3-5 feet of freeboard and was free <br /> of any significant rodent damage. Solid manure was stored on an <br /> impervious surface." The Inspection Report does not contain any follow- <br /> up items. <br /> f. Lima Ranch's 2007 Annual Report has been turned in and the <br /> review of the Annual Report is complete. RWQCB did not note any <br /> follow up items after the review of Lima Ranch's 2007 Annual Report. <br />