President San Joaquin Raptor/Wildlife Rescue Center
P.O. Box 778
Merced CA 95341
(209) 723-9283, phone & fax
Protect Our Water
3105 Yorkshire Lane
Modesto CA 95350
(209) 523-1391 phone & fax
Planada Association, Planada Community Development Corporation
2683 S. Plainsburg Road
Merced CA 95340-9550
Merced County Board of Supervisors
Chief Administrative Officer email@example.com
Director of Planning and Economic Development firstname.lastname@example.org
c/o Merced Co. Board of Supervisors email@example.com etc.
2222 M St.
Merced CA 95340
Re: The Ranchwood pipeline from the Livingston Wastewater Treatment Plant into land under Merced County jurisdiction
Sent via email
Date: Feb. 21, 2006
Dear Sirs and Mesdames:
At 5:30 p.m., Feb. 21, Ranchwood was still working on the pipeline from the Livingston Wastewater Treatment Plant that goes south from Vinewood Road beyond Magnolia Road, apparently without any county permits or environmental review. Both the County and Livingston were notified of complaints on Feb. 6. There is no evidence of any code enforcement.
Is the County unable to enforce the numerous ordinances, policies and laws that this illegal project violates, or it is unwilling? We sincerely hope that this project is not what it looks, walks and quacks like: collusion between the County, Livingston, developers and landowners to circumvent environmental regulatory compliance.
We request a meeting with County Chief Administrative Officer Dee Tatum and department heads on this project. We understand all too well that this is the way Ranchwood does business.
We request that the County inspect the project, stop the project and/or fine the developer for proceeding with illegal construction. This is not a mere 42-inch “dry, private” pipeline trench. As you can see by the attached photos (sent under separate cover) we took Feb. 20, the trench for this pipe, which Mr. Lewis was 42 inches, the impacts are broad, to both the environment and to the public. This project crosses several paved county roads; one unpaved county road and an MID canal. There is inadequate posting for public safety as our pictures show; there is wear and tear on the county roads from heavy equipment; and the developers are storing building materials and spoils on the shoulders of county roads.
We estimate that the mounds of dirt on either side of this trench are between 10-15 feet high. Having found numerous paint balls at the foot of these mounds, it’s clear that the public is using these mounds for recreation. Given the instability of this loose, sandy dirt, this is an attractive nuisance of public health and safety concern. Who is liable in case of injury arising from this attractive nuisance? In the attached photos you will see, an ATV driven by teenager, carrying an adult with a young child in his arms.
We realize that Ranchwood is working at breakneck speed to finish. This illegal project must have the County in a desperate situation. To stop now would compromise the County and the City of Livingston. However, there are legal consequences for not stopping it. At this point, indemnification would be entirely inappropriate.
The most obvious effect from the project from a field inspection, is the cumulative impacts from residential development tying into this main sewer line from Joseph Gallo land adjoining the WWTP to Magnolia Road. This requires full review under the California Environmental Quality Act before – not after – construction of the sewer main.
There is an uncalculated amount of agricultural land being -- and to be -- converted to real estate development, enabled by this sewer line. This requires full CEQA review and review under the Agricultural Preserve policy of the county.
At least six wells and four 1-million gallon water tanks are proposed to provide drinking water for residential development. The impact of these new wells on the groundwater level and farmers’ wells has not even been mentioned, let alone considered. Assurances of surface water from Merced Irrigation District are – as everyone knows – useless during a drought.
Ranchwood bought an almond orchard on Robin Road facing Consolidated Farms (see photos). Ranchwood is removing orchards to create a super shoulder on Magnolia for the movement of heavy equipment and construction-material storage. It is now storing sewer pipe on this ranch, called “Hostetler Ranch, Almond Orchard, L3.” The orchard appears to have been called “Merced-Lincoln” before Ranchwood bought it.
The public would also like to know by what arrangement Ranchwood is storing heavy equipment in the Livingston Corporation Yard on Vinewood Road beside the city wastewater treatment plant.
As the County approaches its general plan-update, we urge it, incorporated cities and unincorporated towns with community plans to coordinate the planning process. The update period provides an opportunity for this sensible approach to long-term county planning and it should not be missed. Until the new county General Plan and coordinated general plans of smaller jurisdictions are completed and integrated into a coherent land-use planning policy, we call for a moratorium on any new permits for residential development.
We made a Public Records Request under state Government Code 6250 et seq. in our Feb.6, 2006 letter for all documents associated with this alleged “private pipeline” project that have been generated up to the time that the agencies should comply with the request. They have not yet complied. We would like to review these records at a time and place to be arranged, prior to any copying taking place. As provided by the Public Records Act, you have ten days to determine whether you have records subject to the Act. We look forward to hearing from you regarding this arrangement. If you have any questions or concerns, please contact us. Thank you for your time and courtesy.
We are attaching (under separate cover) the first set of photos of the project, bounded by Vinewood, Magnolia, and Robin and Washington roads, taken on Feb. 20, 2006. Two more sets of photos will follow. For reference, we are also attaching our letter of Feb. 6, 2006 (under separate cover).
Brandon Friesen, Mayor/Municipal Officer, City of Livingston Bfriesen@livingstoncity.com
John LeVan, Merced Co. LAFCO firstname.lastname@example.org