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I damage. Solid manure was stored on an impervious surface." The Inspectio 2 Report does not contain any follow-up items. 3 f. Lima Ranch's 2007 Annual Report has been turned in and the review of the 4 Annual Report is complete. RWQCB did not note any follow up items afte 5 the review of Lima Ranch's 2007 Annual Report. 6 g. Lima Ranch's 2008 Annual Report was turned in on June 23, 2009. Th 7 deadline for the 2008 Annual Report was July 10, 2009. RWQCB has not ye 8 completed its review of the 2008 Annual Report. 9 51. The statements that "the primary source of this nitrate is the dairy cow manure 10 urine, and other wastes stored in the waste lagoons and ditches at Lima Ranch and applied t 1 I croplands at Lima Ranch" and that "groundwater analysis shows that the primary sources of tha 12 nitrate contamination are the Lima Ranch's manure water holding ponds and lagoons, the ditches 13 through which manure water is moved, and the application of manure water to Lima Ranch' 14 croplands" are defamatory on their face in that they indicate that there is daa proving that the 15 source of nitrates in and around the Lima Ranch property is caused by Lima Ranch's dair 16 operation. Lima Ranch is unaware of any data that conclusively shows that Lima Ranch is the 17 primary source of such.contamination. 18 52. The Fact Sheet falsely implies that the RWQCB is investigating Lima Ranch b 19 requesting Lima Ranch's neighbors "To assist the Water Board ... to act quickly in response t 20 the contamination" byproviding information to Ms. Herbst, Unit Chief, and Ms. Creedon 21 Executive Officer, of the RWQCB and providing contact information for both Ms. Herbst an 22 Ms. Creedon. The RWQCB is not investigating Lima Ranch. 23 53. Finally, the Fact Sheet misleadingly accuses Lima Ranch of creating a sever 24 health hazard by stating that data shows that the levels of nitrogen in the groundwater are a 25 "levels more that 10 times the California Maximum Contaminant Level (MCL) established 26 by the Department of Health Services" and that "[t]he MCL is the amount of nitrate that, i 27 exceeded may cause adverse health affects [sic]." (Emphasis in Original.) The MCL established 28 by the California Department of Health Services only establishes a level that is safe for drinking FIERUM\CRABTREE 10 COMPLAINT FOR TEMPORARY RESTRAINING ORDER,PRELIMINARY AND PERMANENT INJUNCTION,LIBEL PER SE,AND LIBEL PER QUOD