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From: Herrick, John @aol.comSent: Tuesday, February 02, 2016 11:59 AMTo: Doduc, Tam@Waterboards; CWFhearing; [email protected];
[email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; Wilcox, Carl@Wildlife; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; Mizell, James@DWR; [email protected]; Herrick, John @aol.com; Minton, Jonas; [email protected]; [email protected]; Rubin, [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; Van Zandt, [email protected]; [email protected]; Meserve, [email protected]; Pogledich, Philip@yolocounty; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; Shapiro, Scott @downeybrand.com; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; Femlen, [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; Guy, [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; McManus, John @goldengatesalmon.org; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected];
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To: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]
Subject: DWR/USBR Petition for Change in Point of Diversion (California WaterFix)Attachments: SDWA Comments to Pet. for Change POD 2-2-16 with list.pdf
Dear Ms. Doduc: Attached is a letter from South Delta Water Agency regarding DWR/USBR Petition for Change in Point of Diversion (California WaterFix) which is being sent to you and everyone on the latest Service List (1/26/2016). Dayle Daniels, Secretary to JOHN HERRICK, Esq. 4255 Pacific Avenue, Ste. 2 Stockton, CA 95207 (209) 956-0150 ph (209) 956-0154 fax ________________________________________ CONFIDENTIALITY NOTICE: This electronic message is intended to be viewed only by the individual or entity to whom it is addressed. It may contain information that is privileged, confidential and exempt from disclosure under applicable law. Any dissemination, distribution or copying of this communication is strictly prohibited without our prior permission. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, or if you have received this communication in error, please notify us immediately by return e-mail and delete the original message and any copies of it from your computer system.
SOUTHDELTA WATERAGENCY 4255 PACIFIC AVENUE, SUITE 2 STOCKTON, CALIFORNIA 95207
TELEPHONE (209) 956-0150
Directors: Jerry Robinson, Chairman Robert K. Ferguson, Vice-Chairman Natalino Bacchetti Jack Alvarez Mary Hildebrand
Via e-mail
Ms. Tam Doduc, Chair and Waterfix Service List
FAX (209) 956-0154 E-MAIL [email protected]
February 2, 20 16
Re: DWRIUSBR Petition for Change in Point of Diversion
Dear Hearing Officer Doduc:
Counsel & Manager: John Herrick
Many relevant issues were raised at the recent pre-Hearing conference for the above referenced matter. Two must be raised again as they appear to be pre-conditional to the process moving forward. The first and perhaps most important of these was raised by both Contra Costa County and South Delta Water Agency et. al. That issue dealt with whether or not the draft environmental documents supporting the California WaterFix included modeling runs for 4A, the preferred alternative fo the WaterFix. As you will note, the Petitioners made no attempt to clarify this issue.
Various comments to the BDCP DEIR/S noted that there were serious problems with modeling assumptions in CALSIM II and DSM2. The comments resulted in significant changes to those models in an effort to correct the problems in order to make the outputs more accurately reflect actual conditions and effects. However, those changes were not used for any new model runs for the WaterFix DEIR/S, and specifically were not used to produce new results for Alternative 4A.
This issue was discovered/confirmed when Contra Costa County requested the specific modeling data for model runs 4A, 2D, and SA. In response, DWR noted that the WaterFix process had done "sensitivity analyses" but "not full model runs" for the WaterFix analysis. However, the DEIR/S supporting the WaterFix provides tables and columns of data clearly labeled as Alternative 4A and purporting to be model run data. When similar data was presented in the BDCP documents, it was indeed modeling results for each of the many alternatives. When set forth in the WaterFix documents it purports to be modeling data though DWR has confirmed it is not.
Ms. Tam Doduc, Chair February 2, 2016 Page- 2-
Although there are a myriad of deficiencies in the Petition, the failure of DWR and USBR to provide the public with modeling results of their preferred alternative means that neither the SWRCB or the public has any real data on which to judge the impacts to third parties or the environment. It appears that the necessary modeling runs were completed and submitted to the biological assessment process for which there is a January 15, 2016 draft document. However, these runs have not been released to the public and were certainly not made available when the Petition was filed with the SWRCB.
It is clear that absent the modeling runs examining the WaterFix preferred Alternative 4A the Petition is simply incomplete and should be dismissed. If and when the projects release the necessary information required by statute and regulations a petition can then be processed. Prior to that time it is unproductive to contemplate any further action on the proposed change of point of diversion much less have parties produce written testimony. There is literally nothing for the parties to evaluate or about which to testify.
The second issue was raised by the representative of NRDC, et. al. It deals with a statement in the draft biological assessment referenced above, and is apparently in response to recent drought year problems. As the SWRCB is well aware, DWR and USBR planning and operations make little if any allowance for multi-year droughts. Thus over the past four years, the projects have requested approximately 20 changes to their permits wherein they sought (and received) temporary changes allowing them to not meet existing water quality objectives. In addition, the SWRCB has agreed in writing to not enforce other permit conditions and has ignored (but not temporarily changed) other permit conditions dealing with water quality objective violations. These objectives have been violated over those four years; some for months on end. During this same time, millions of acre feet of water has been exported.
With this short background, the draft biological assessment notes that after one dry or critical year and a forecast of a second a second dry or critical year, the projects will seek relief from ESNCESA and will petition the SWRCB as needed using a TUCP (see pages3-214-215, Section 3.7.2, January 2016 Biological Assessment for the California WaterFix; prepared by ICF International). Thus, the planning and analysis of the WaterFix proposes to change project operations after one year of drought. The modeling and other analyses of the proposed project (twin tunnels) looks at multi-year hydrological conditions and estimates impacts and effects from operations of the preferred alternative over those years. We now find in the biological assessment that DWR and USBR will seek to change their operations to some set of unknowns if one dry year occurs. Thus all the modeling and analysis is for naught; the projects have modeled something they do not intend on doing. They present the public with modeling analyses of operations over various year types and combination of year types, but will not operate as they modeled they would. One year of drought will result in new, undisclosed operations which for some reason cannot be predicted and apparently not modeled.
Ms. Tam Doduc, Chair February 2, 2016 Page- 3-
This circumstance defies explanation but indicates the complete inability of the projects to plan ahead. It appears they believe they will only meet water quality objectives assigned to them during the first year of dry conditions, but that if it looks like there may be a second dry year, all bets are off; operations cannot be pre-determined and the public just can't know what will be done. The projects are in fact refusing to plan ahead and telling the world they will export each year without any real consideration for future water quality needs. It is not as if two consecutive dry years are something rare and unforeseeable. Obviously, if a Petitioner submits an analysis of the impacts resulting from a change petition but at the same time states publically that it will not operate as analyzed, the Petition is useless and discussions and evaluations thereon are meaningless.
In light of the above, the Petition cannot move forward and must be dismissed. Unless and until DWR and USBR submit a petition which contains complete modeling of their projected operations, including multi-year dry periods the SWRCB and the public have nothing to evaluate. The current process is a waste of valuable time, money and effort.
Very truly yours,
cc: Service List (attached)
LIST OF PARTICIPANTS California WaterFix Petition Hearing
(Scheduled to Commence on April7, 2016)
REVISED SERVICE LIST (corrected) (Dated January 26, 2016)
Be sure to copy all documents and correspondence addressed to the State Water Resources Control Board Members or staff regarding this hearing to [email protected].
Table 1- Service List of Parties to Exchange Information (Parties Participating in Direct Testimony, Cross-Examination or Rebuttal)
Parties Participating in Part I (May also be Parties in Part II)
THE FOLLOWING PARTIES MUST BE SERVED WITH WRITTEN TESTIMONY, EXHIBITS AND OTHER DOCUMENTS. (Note: The parties listed below agreed to accept electronic service, pursuant to the rules specified in the hearing notice.)
Authorized Authorized Email Address of Authorized
Party Representative/ Representative's Representative/ Attorney
Attorney Affiliation California Department of
James (Tripp) Mizell [email protected] Water Resources U.S. Department of the Amy L. Aufdemberge,
amy [email protected] Interior, The Esq. Sacramento County
Aaron Ferguson Somach Simmons &
[email protected] Water Agency Dunn Carmichael Water
Aaron Ferguson Somach Simmons &
[email protected] District, The Dunn
City of Roseville. The Alan Lilly & Ryan Bartkiewicz, Kronick & [email protected]; Bezerra Shanahan [email protected]
Sacramento Suburban Alan Lilly & Ryan Bartkiewicz, Kronick & [email protected]; Water District Bezerra Shanahan [email protected]
San Juan Water District Alan Lilly & Ryan Bartklewicz, Kronick & [email protected]; Bezerra Shanahan [email protected]
City of Folsom, The Alan Lilly & Ryan Bartkiewicz, Kronick & [email protected]; Bezerra Shanahan [email protected]
Yuba County Water Alan Lilly & Ryan Bartkiewicz, Kronick & [email protected]; Agency Bezerra Shanahan, P.C. [email protected] South Valley Water
Alex M Peltzer Peltzer & Richardson,
[email protected] Association. et al. LC Biggs-West Gridley
Somach Simmons & Water District Andrew M. Hitchings
Dunn, PC [email protected]
tBWGWD)
Glenn-Colusa Irrigation Andrew M. Hitchings Somach Simmons & [email protected]
District (GCID) Dunn
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Barbara [email protected];
Restore the Delta Parilla & Tim Restore the Delta Stroshane
Barbara Daly Barbara Daly [email protected] SoiAgra Corporation/
Barry Sgarrella SoiAgra Corporation [email protected] IDE Technologies California Delta Chambers & Visitor's Bill Wells [email protected] Bureau
Steamboat Resort Brad & Emily [email protected]; Pappalardo [email protected]
Brett G. Baker Brett G. Baker [email protected] The Environmental Justice Coalition for Colin Bailey, J.D. [email protected] Water Placer County Water
Daniel Kelly Somach Simmons &
[email protected] Agency, The Dunn
City of Brentwood, The David Aladjem Downey Brand LLP [email protected]
Reclamation District No. David Aladjem Downey Brand LLP [email protected]
800 (Byron Tract) Friant North Authority David Orth [email protected] Deirdre Des Jardins Deirdre Des Jardins [email protected]
Nevada Irrigation Minasian, Meith,
Dustin C. Cooper Soares, Sexton & [email protected] District (NID)
CooperLLP
Butte Water District Minasian, Meith,
(BWD) Dustin C. Cooper Soares, Sexton & [email protected]
Cooper, LLP
Richvale Irrigation Minasian, Meith,
Dustin C. Cooper Soares, Sexton & [email protected] District (RID)
Cooper, LLP
Anderson - Cottonwood Minasian, Meith,
Irrigation District Dustin C. Cooper Soares, Sexton & [email protected]
Cooper, LLP
Plumas Mutual Water Minasian, Meith,
Company (PMWC) Dustin C. Cooper Soares, Sexton & [email protected]
Cooper, LLP
Reclamation District Minasian, Meith,
1004 Dustin C. Cooper Soares, Sexton & [email protected]
Cooper, LLP
South Feather Water Minasian, Meith,
and Power Agency Dustin C. Cooper Soares, Sexton & [email protected]
Cooper, LLP
Western Canal Water Minasian, Meith,
District (WCWD) Dustin C. Cooper Soares, Sexton & [email protected]
Cooper, LLP
Paradise Irrigation Minasian, Meith,
Dustin C. Cooper Soares, Sexton & [email protected] District
Cooper, LLP
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[email protected]; [email protected];
[email protected]; [email protected];
Fennemore Craig, kelweg1 @aol.com; Friant Water Authority & Lauren Caster, [email protected]; Friant Water Authority Gregory Adams, [email protected]; Members Jennifer Buckman, [email protected];
and 13 others [email protected]; fmorrissey@orangecoveid .org;
[email protected]; [email protected];
jph@tulareid .org
East Bay Municipal Fred Etheridge & [email protected]; Utility District Jonathan Salmon [email protected] North San Joaquin Water Conservation Jennifer Spaletta Spaletta Law [email protected] District
Joe Robinson I Martha Office of the City
[email protected]; City of Sacramento, The
Lenni han Attorney I Lennihan
Central Delta Water Agency, South Delta Water Agency (Delta Agencies), Lafayette John Herrick, Esq.
[email protected]; [email protected] Ranch, Heritage Lands and Dean Ruiz, Esq. Inc., Mark Bachetti Farms and Rudy Mussi Investments L.P.
City of Stockton, The John Luebberke & john.luebberke@stocktonca .gov; Tara Mazzanti tara [email protected]
San Luis & Delta-Mendota Water Jon Rubin [email protected] Authority Stockton East Water
Karna E. Harrigfeld [email protected] District North Delta Water Agency & Member Kevin O'Brien Downey Brand LLP kobrien@downeybrand .com Districts
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Brannan-Andrus Levee Maintenance District; Reclamation District 407; Reclamation District 2067; Reclamation District
Kevin O'Brien & David [email protected]; 317; Reclamation Downey Brand LLP District 551 ;
Aladjem [email protected]
Reclamation District 563; Reclamation District 150; Reclamation District 2098 Sacramento Valley Kevin O'Brien & David
Downey Brand LLP [email protected];
Group, The Aladjem [email protected] Sacramento Municipal Kevin O'Brien & David
Downey Brand LLP [email protected];
Utility District (SMUD) Aladiem [email protected]
County of San Joaquin, San Joaquin County Flood Control and Water Conservation Kurtis C. Keller Neumiller & Beardslee [email protected] District. and Mokelumne River Water and Power Authority
County of Colusa, The Marcos Kropf & [email protected]; Matthew C. BenUy mbently@countyofcolusa .org
Save the California Delta Alliance; Janet & Michael McCleary;
Michael Brodsky Law Offices of Michael
[email protected] Frank Morgan; and A. Brodsky Captain Morgan's Delta Adventures, LLC
Islands, Inc Michael J. VanZandt Hanson Bridgett, LLP [email protected] California Sportfishing
Michael Jackson, [email protected]; Protection Alliance (CSPA), California
Bill Jennings, Law Offices of Michael
Water Impact Network Chris Shutes,
Jackson [email protected];
Barbara Vlamis, and barbarav@aqualliance. net; (C-WIN), and
Carolee Krieger [email protected]; AquAIIiance Snug Harbor Resorts,
Nicole S. Suard, Esq. [email protected] LLC Local Agencies of the
Osha Meserve [email protected] North Delta Bogle Vineyards/Delta Watershed Landowner Osha Meserve [email protected] Coalition Diablo Vineyards and Brad Lange/Delta
Osha Meserve [email protected] Watershed Landowner Coalition
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Stillwater Orchards/Delta
Osha Meserve [email protected] Watershed Landowner Coalition
Patrick Porgans Patrick Porgans Patrick Porgans &
[email protected] Associates
San Joaquin River Minasian, Meith, Exchange Contractors Paul R. Minasian Soares, Sexton & [email protected] Water Authority Cooper, LLP
Coalition for a Paul S. Weiland [email protected] Sustainable Delta, The
Sacramento Regional Somach Simmons &
County Sanitation Paul S. Simmons Dunn, PC
[email protected] District Westlands Water Philip A Williams [email protected] District County of Yolo, The Philip J. Pogledich philip.pogledich@yolocounty .org City of Antioch Ron Bernal [email protected] Contra Costa County ryan.hernandez@dcd .cccounty. us; and Contra Costa Ryan Hernandez
[email protected]. us County Water Agency Contra Costa Water Scott Shapiro and
Downey Brand LLP [email protected];
District Kevin O'Brien [email protected] Daniel Wilson Daniel Wilson [email protected]
State Water Contractors Stefanie Morris [email protected]
Pacific Coast Federation of Fishermen's Associations and Stephan C. Volker Volker Law [email protected] Institute for Fisheries Resources
Tehama-Colusa Canal Steven Saxton, [email protected]
Authority & water service contractors in its
Meredith Nikkel & J. Downey Brand [email protected]
sevice area Mark Atlas [email protected]
San Joaquin Tributaries Authority, The (SJTA), Merced Irrigation District, Modesto Irrigation District, Oakdale Irrigation Tim 0' Laughlin & O'Laughlin & Paris, [email protected]; District, South San Valerie C. Kincaid LLP [email protected] Joaquin Irrigation District, Turlock Irrigation District, and City and County of San Francisco
Water Forum, The Tom Gehring [email protected]
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Earth justice Trent W. Orr [email protected] County of Solano William Emlen wfemlen@solanocounty .com
THE FOLLOWING PARTY MUST BE SERVED WITH WRITTEN TESTIMONY, EXHIBITS AND OTHER DOCUMENTS. (Note: The party listed below must be served a hard copy, pursuant to the rules specified in the hearing notice.)
Authorized Mailing Address of Authorized Representative/
Party Representative/ Attorney
Attorney
Clifton Court, L.P. Suzanne Womack & 3619 Land Park Drive Sheldon Moore Sacramento, CA 95818
Parties Participating in Part II Only (Must also be Served in Part I)
THE FOLLOWING PARTIES MUST BE SERVED WITH WRITTEN TESTIMONY, EXHIBITS AND OTHER DOCUMENTS. (Note: The parties listed below agreed to accept electronic service, pursuant to the rules specified in the hearing notice.)
Authorized Authorized Email Address of Authorized
Party Representative/ Representative's Representative/ Attorney
Attorney Affiliation
County of Sacramento, Aaron Ferguson
Somach Simmons & [email protected]
The Dunn Friends of the River E. Robert Wright [email protected]
Environmental Council Brenda Rose [email protected]
of Sacramento (ECOS)
Trout Unlimited Brian Johnson [email protected] California Department of
Carl Wilcox [email protected] Fish and Wildlife Environmental Water Conner Everts [email protected] Caucus
Sierra Club California E. Robert Wright & [email protected]; Kyle Jones [email protected]
Planning & Jonas Minton [email protected]
Conservation League
Natural Resources [email protected]; [email protected]; Defense Council, The
Kate Poole Natural Resources bobker@bay .org;
Bay Institute, and Defense Council [email protected]; Defenders of Wildlife [email protected]
SAVE OUR SANDHILL Mike Savino [email protected]
CRANES Friends of the San
Mitch Avalon [email protected] Francisco Estuary
Friends of Stone Lakes Osha Meserve
[email protected]; National Wildlife Refuge rmburness@comcast. net
American Rivers, Inc. Steve Rothert [email protected]
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Table 2 - Interested Persons (Persons Intending to Make Policy Statements Only)
PARTIES IN TABLE 1 ARE NOT REQUIRED TO SERVE THE FOLLOWING INTERESTED PERSONS WITH WRITTEN TESTIMONY, EXHIBITS, AND OTHER DOCUMENTS
Interested Persons Participating in Part I (May also be Interested Persons in Part II)
Authorized Authorized Email Address of Authorized
Interested Person Representative/ Representative's Representative/ Attorney
Attorney Affiliation Castaic Lake Water
Matthew Stone [email protected] Agency Central Valley Clean
Debbie Webster eofficer@cvcwa .org Water Association Coachella Valley Water
Robert C Cheng [email protected] District Desert Water Agency Mark Krause [email protected] Kern County Water
Curtis Creel [email protected],
Agency [email protected] Metropolitan Water District of Southern Rebecca Sheehan [email protected] California Mojave Water Agency Kirby Brill [email protected]
North Delta C.A.R.E.S. Anna Swenson [email protected]
North State Water David J. Guy
Northern California [email protected]
Alliance Water Association Partnership for Sound Science in Craig S.J. Johns [email protected] Environmental Policy
San Bernardino Valley Douglas Headrick [email protected]
Municipal Water District
Butte County Department of Water
Paul Gosselin [email protected] and Resource Conservation San Gorgonio Pass
Jeff Davis [email protected] Water Agency Santa Clara Valley
Erick Soderlund [email protected] Water District Terri Crain Terri Crain [email protected]
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Tulare Lake Basin Mark Gilkey [email protected]
Water Storage District
U.S. EPA Region 9 Tomas Torres torres. [email protected] Zone 7 Water Agency J. Duerig jduerig@zone 7water.com City of Chico, The Erik Gustafson [email protected] Rural County Representatives of Kathy Mannion [email protected] California
SEMILLAS (Stockton Educational Movement
Motecuzoma Sanchez [email protected] in Language Literacy and Scholarship)
Interested Persons Participating in Part II Only
Authorized Authorized Email Address of Authorized
Interested Person Representative/ Representative's Representative/ Attorney
Attorney Affiliation
African American Brandie Owusu-
African American Chamber of Commerce
Spencer Chamber of Commerce [email protected]
of San Joaquin County of San Joaquin County
Asian Pacific Self-Development and
Hengsothea Ung [email protected] Residential Association (APSARA)
Assemblymember Susan Eggman (and Gustavo Medina [email protected] staff) Braceros del Delta Luis Magana [email protected] Cafe Coop Esperanza Vielma [email protected] California Striped Bass
Jim Cox [email protected] Association
California Student Ryan Camero [email protected]
Sustainability Coalition
Catholic Charities, Katelyn Roedner kroedner@ccstockton .org
Diocese of Stockton Sutter Central Valley Asian
Cynthia Lau [email protected] Chamber Earth Law Center Linda Sheehan lsheehan@earthlaw .org Frank L Ruhstaller Frank L Ruhstaller [email protected] Golden Gate Salmon
John McManus [email protected] Assoc
Greater Stockton Douglas W. Wilhoit, [email protected]
Chamber of Commerce Jr.
Joan Buchanan Joan Buchanan [email protected]
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lao Family Community GerVang [email protected]
Empowerment, Inc.
lower Sherman Island Duck Hunters Roger Mammon [email protected] Association Michael Frost Michael Frost [email protected] National Marine
Ryan Wulff ryan. [email protected] Fisheries Service Rogene Reynolds Rogene L. Reynolds reynolds6568@gmail .com Ronald A. Forbes, Delta
Ronald A. Forbes [email protected] Fly Fishers San Francisco
George Torgun [email protected] Baykeeper
Senator Cathleen [email protected];
Senator Cathleen Galgiani and Staff Galglani Trent Hager & Marian
Trent. Hager@sen .ca.gov;
Norris [email protected]
Social Media Moms Martha Vielma [email protected] Stockton Downtown
Karl E Nate Knodt [email protected] Comeback Club Stockton Vegan &
Jennifer Patterson [email protected] Vegetarians Visit Stockton Wes Rhea [email protected]
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