the parker shaddock neighbors case was decided november 2013. a near identical situation of development that involved underground storage tanks. they had a closure letter from the berkeley department of health. they had a closure letter from the water resources control board, the exact closure letter the department is referring to. the department affirms clearly without any doubt that you may not use a categorical exemption for a cor taizy site. on page 6 of the decision, it states, we agree that the ledge slaichier intended projects on these sites should not be categorically exempt from sequa because they may involve significant effects on the environment. the first go round in the berkeley case they had given a categorical exemption. when it came back the city realized its error and took away the categorical exemption. in this case the city hasn't realized its error. there is a over weming mount ochb statutory authority case law, administrative body decisions all which state clearly and aform the plain language of the stute which says you may