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Johnson <br />ATTOR1W E:Y -'S it LA W <br />Raymond W. Johnson, Esq., AICP 26785 Camino Seen, Temecula, CA 92590 E -mail. Ray(al)SoCa10EQA.com <br />Carl T. Sedlack, Esq., Retired <br />Abigail A. Smith, Esq. AbbyCy?SoCalCEQA.com <br />Kimberly Foy, Esq. Kim @SoCa10EQA.com <br />Kendall Holbrook, Esq. Kendall@SoCa10EQA.com <br />Telephone: (951) 506 -9925 <br />Facsimile: (951) 506 -9725 <br />August 23, 2016 <br />Mr. Anthony Beaumon <br />Deputy City Attorney <br />Office of the City Attorney <br />City of Riverside <br />abeaumon @riversideca.gov <br />cc: Mr. John A. Russo, City Manager, jrusso @riversideca.gov <br />Ms. Colleen Nicol, city—clerk@riversideca.gov <br />VIA E -MAIL <br />Re: August 22, 2016 Response to CCAEJLetter Regarding City of Riverside Lifting Stop <br />Work Order on Riverside Agricultural Park Site, Riverside File No. 16 -1277 <br />Dear Mr. Beaumon: <br />We are in receipt of your August 22, 2016 letter responding to the letter we sent on behalf of <br />CCAEJ regarding the Agricultural Park ( "Ag Park ") site and disagreeing that review under the <br />California Environmental Quality Act was needed prior to any City decision to lift the Stop <br />Work Order. We respectfully disagree. <br />First, you allege DTSC is the lead agency for the current cleanup activities. While undoubtedly <br />DTSC has "lead regulatory oversight" for removal of contaminated soil, such oversight <br />responsibility does not render DTSC a "lead agency" under CEQA. To the contrary, "the public <br />agency that shoulders primary responsibility for a creating and implementing a project..., even <br />though other public agencies have a role in approving or realizing it." (Planning & Conserv. <br />League v. Castaic Lake Water Agency (2009) 180 Cal.AppAth 210, 239.) <br />The City was the lead agency for approval of the "Ag Park" development, TM 28987, when it <br />approved and adopted a MND for the Project in 2003. More recently, with respect to <br />development of the "Ag Park" site, the City issued Rough Grading Permit No. PW 13 -0369, and <br />subsequently issued the Stop Work Order halted grading on the site pursuant to a City- issued <br />grading permit. The City must still issue a precise Grading Permit (PW14 -0569 [approved but <br />not issued]), building permits and occupancy permits to implement the Project. Given these <br />historical and ongoing roles in implementing the Project, the City has the "primary <br />responsibility" for the Project, even though it is clear DTSC has a responsible agency role in <br />