Petitioners filed their First Amended Verified Petition for Writ of Mandate on December 23, 2011. This was almost a year after the creek bed had been closed to off-highway vehicular traffic and at least nine months since any water had flowed through the creek. At this time it has been over a year since there was any water in the creek bed. How they can call it a navigable body of water is beyond me. It seems that being a navigable body of water subjects it to the dictates of the National Pollutant Discharge Elimination System as authorized by the Clean Water Act.
I have included some of the allegations in Petitioners First Amended Writ and am offering slides taken from the valley floor in July of 2012. Contrast these slides taken of Carnegie and its neighbor, site 300 (a Superfund Site) across the street, with the language in Petitioners Writ. A culvert runs from site 300 under the road to Carnegie SVRA. Note the bare, eroded hills in Site 300 compared to the vegetation on the hillsides in Carnegie (the dark patches are areas of brush).
- The Carnegie State Vehicular Recreation Area, situated between Tracy and Livermore California, alongside the meandering Corral Hollow Creek, stands in stark contrast to the pristine hillsides within which is nestled. Observation of the facility reveals raw, denuded hillsides marked by deep gullies and eroded trails. The scarring of these hillsides adjacent to the creek have been ripped up and left exposed from years of heavy off highway vehicle use.
- Off-highway vehicle usage disturbs loose soils and sediment throughout Carnegie SVRA – heavily used areas are bereft of vegetation – which ultimately finds its way through numerous channels into Corral Hollow Creek. During rain events the damaged hillsides bleed sediment from large gullies and eroded areas. Respondent DPR’s reckless disregard of water quality of Corral Hollow Creek is apparent as it stands idly by while vehicles purposely plunge in and out of the creek for sport disturbing sediment along its banks and directly within its streambed. No obvious signs or barriers prevent riders from driving in the creek, and at best, there appears to be minimal protections in place at the SVRA to reduce sediment and pollutant loading to the creek.
The pristine hillsides of our neighbor, Site 300