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L <br /> NEUMILLER & BEARDSLEE <br /> A PROFESSIONAL CORPORATION•ATTORNEYS&COUNSELORS t r VICE - � ESTABLISHED 1903 <br /> SEP 8 P11 <br /> ' 14654-22177 <br /> BROOKE K. BIRKIE <br /> STOCKTON OFFICE: <br /> 509 W.WEBER AVE. <br /> STOCKTON,CA September 15, 1995 <br /> 95203-3166 <br /> (209)948-8200 <br /> (209)948-4910 FAX <br /> MAILING ADDRESS: VIA FACSIMILE <br /> P.O.Box 20 <br /> STOCKTON, Ms. Margaret La orio Lead Senior REHS <br /> 9s2o1-3020 g g <br /> Public Health Services, San Joaquin County <br /> MODESTO Environmental Health Division <br /> (209)577-8200 445 North San Joaquin Street <br /> (209)577-4910FAX post Office Box 388 <br /> Stockton, California 95201-0388 <br /> Re: 729 S. Commerce Street, Stockton <br /> Dear Ms. Lagorio: <br /> As you know, Clearwater Group became involved in this <br /> project in the middle of it. Specifically, they were <br /> retained on an exigency basis to address the soil sampling <br /> plan for soil that had been taken offsite by another <br /> consultant. As you also know, that sampling and its <br /> corresponding report were completed. We were informed at <br /> that time that the Scope of Services was not reimbursable <br /> through the Fund. <br /> Our office and Clearwater had not been involved in the <br /> project until that time. Because we are trying to get the <br /> reimburseability of this project back on track, we <br /> requested the SWRCB to pre-approve preparation of the <br /> workplan so that we could streamline this project by and <br /> avoiding the delay associated with obtaining three bids in <br /> order to comply with your deadlines. As you can see by <br /> the attached letter, pre-approval has been denied. I am <br /> somewhat dismayed by this response since a certain amount <br /> of preparatory work is necessary for the consultant to get <br /> up to speed on the project. Moreover, our intent has been <br /> to bid the workplan after it had been approved by your <br /> agency. <br /> I am forwarding this letter and enclosure to the attorney <br /> handling the probate of the estate, John Patridge. I <br /> would appreciate any efforts on your part to get this <br /> project back to a status of reimburseability. Meanwhile, <br /> I will confer with the administrator of the estate and Mr. <br /> Patridge as to how they desire to proceed and to evaluate <br /> whether the probate court must authorize the next step. <br /> 42724-1 <br />