SITE INFORMATION AND CORRESPONDENCE

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A Mr. Michael Infurna May 22, 1996 Page 4 hydrocarbon levels are not serious, and will degrade over time through passive bioremediation: In addition, she stated that the groundwater is also contaminated with: solvents associated with a large, regional solvent plume in the Lodi area which is not related to the former gas station operations at this property.3 The solvent levels aro clearly far more environmentally serious than the hydrocarbon levels. Also,the solvent plume is being addressed through a larger,regional effort. Consequently, Ms. Hinson concluded that=there was no point in targeting the relatively minor hydrocarbon levels for active remediation: Second, lis.Hins-O 1 concluded that the existing subsurface soil contamination does not pose any threat:to hurYian health or the:environment given the current use of the property and the fact'that there is approximately twenty feet of clean sail above the zone of contamination.. She did express concern,however,in the event that significant excavation ever occurs on site (e g:,in connection with a large construction project). Givers these conclusions,Ms. Hinson presented us with two options for achieving closure: First, she stated that the County would grant"unconditional closure"if soil vapor extraction or other means were used to significantly reduce the subsurface soil ,. contamination in three areas of the site. Second, she stated that the County would grant,- "conditional closure"now, without any further soil remediation being performed. Such } "conditional closure"would require that the existing groundwater and soil vapor extraction wells be destroyed, and that future,hypothetical construction projects at the property(e.g., significant excavations, construction of residential units, etc.)trigger notifications to the owner and all appropriate land use planning agencies regarding the residual contamination. IV. DATIVE SETTLEMENT OF THE LITIGATION Based on the information learned from Ms. Hinson, and the closure options she presented, the parties focused their efforts on settling the litigation:. They met with U.S. Magistrate Judge Hollows in early April, and reached a tentative settlement which is memorialized in the Order from Judge Hallows which is attached. Itis also-the contention of Texaco and other former operators at the 3QS-S. Hutchins property thiat hydrocarbons in thegroundwater originated from the gas:station across the street,which is hydrogeologically upgradient from the 305 S. Hutchins:site:.