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ISOLA LAW GROUP, LL• RECEIVED� ATTORNEYS AT LAW 405 WEST PINE STREET 11 LODI,CALIFORNIA 95240 AUG 2 8 2009 TELEPHONE(209)367-7055 FACSIMILE(209)367-7056 ENVIRONMENTAL HEALTH DEPARTMENT August 27, 2009 Via Overnight Delivery Jennifer A. Scott, Esq. HERUM CRABTREE 2291 W. March Lane, Suite B100 Stockton, CA 95207 Re: Raymond Coldani vs. Jack Hamm, et al. United States District Court—Eastern District of California Case No. 2:07-CV-00660-DFL-EFB Dear Ms. Scott: Please allow the following to represent my client's proposal to resolve the above- captioned lawsuit. As you know, my client is seeking relief for groundwater contamination resulting from Lima Ranch's improper and unlawful dairy operations. Through discovery we were able to access your client's property for purposes of conducting groundwater sampling, which revealed that the groundwater beneath Lima Ranch is impacted with levels of nitrate well above drinking water standards. The data demonstrate 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.' The data also confirm 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 established by the Department of Health Services. In the months following the sampling conducted at the Lima Ranch, we have confirmed the presence of nitrate in domestic water supply wells at residences down gradient from your client's operations at up to 5 times the California Maximum ' Your client incessantly recites the dogma that the City of Lodi's sewage treatment plant is the source of the contamination, yet, other than your odd motion brought pursuant to FRCP Rule 21, (which was summarily rejected by the Court), you have taken no action to establish any contribution by the City's operations, and the report recently prepared by your client's designated expert does not even comment on the City's operations.