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i • <br /> I a. RWQCB is not investigating Lima Ranch at this time. <br /> 2 b. Lima Ranch is not under any enforcement orders at this time. <br /> 3 c. RWQCB has no outstanding issues with Lima Ranch at this time. <br /> 4 d. Lima Ranch has turned in all paper work required to be provided by dairies <br /> 5 under WDR 2007-0035. <br /> 6 e. RWQCB conducted an inspection on February 3, 2009. RWQCB inspector <br /> 7 Sean Walsh prepared an inspection report ("Inspection Report"). Th <br /> 8 Inspection Report stated that "No violations were observed." The Inspectio <br /> 9 Report further stated that "Silage seepage was contained and/or diverted to the <br /> 10 wastewater settling basin or lagoon. The wastewater lagoon had <br /> 11 approximately 3-5 feet of freeboard and was free of any significant roden <br /> 12 damage. Solid manure was stored on an impervious surface." The Inspection <br /> 13 Report does not contain any follow-up items. <br /> 14 f. Lima Ranch's 2007 Annual Report has been turned in and the review of the <br /> 15 Annual Report is complete. RWQCB did not note any follow up items after <br /> 16 the review of Lima Ranch's 2007 Annual Report. <br /> 17 g. Lima Ranch's 2008 Annual Report was turned in on June 23, 2009. Th <br /> 18 deadline for the 2008 Annual Report was July 10, 2009., RWQCB has not ye <br /> 19 completed its review of the 2008 Annual Report. <br /> 20 71. The statements that "the primary source of this nitrate is the dairy cow manure <br /> 21 urine, and other wastes stored in the waste lagoons and ditches at Lima Ranch and applied t <br /> 22 croplands at Lima Ranch" and that "groundwater analysis shows that the primary sources of that <br /> 23 nitrate contamination are the Lima Ranch's manure water holding ponds and lagoons, the ditches <br /> 24 through which manure water is moved, and the application of manure water to Lima Ranch' <br /> 25 croplands" are both defamatory on their face and by implication in that they suggest that there i <br /> 26 data proving that the source of nitrates in and around the Lima Ranch property is caused by Lim <br /> 27 Ranch's dairy operation. Lima Ranch is unaware of any data that conclusively shows that Lim <br /> 28 Ranch is the primary source of such contamination. <br /> I-ILRUM�.CRAUREE <br /> 13 <br /> COMPLAINT FOR TEMPORARY RESTRAINING ORDER,PRELIMINARY AND PERMANENT <br /> INJUNCTION,LIBEL PER SE,AND LIBEL PER QUOD <br />