SITE INFORMATION AND CORRESPONDENCE

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Main Street Investors PTP page 2 601 E. Main Street, Stockton The soil on top of the UST was removed, placed in a pile, and sampled (identified on the laboratory chain of custody as SP1). There was free product (liquid petroleum) noted in the soil under the UST. Three to four feet of this wet soil was removed, placed in a pile, and sampled (identified on the laboratory chain of custody as hot pile). Soil samples were collected beneath the UST location at depths of 10.6 and 11 feet below grade (identified on the laboratory chain of custody as Tk-1 and Tk-2). All of the above samples were collected on July 2, 2004. The EHD inspector filed a UST unauthorized release (leak) form and a notification of hazardous waste discharge form on July 2, 2004, based on their observations of odor and discoloration of the soil. At the meeting the MS Investors representatives said they were told everything was "o.k." and the excavation was filled several days after the UST was removed. They could not recall who had told them that. The EHD informed them that the EHD inspector noted that the excavation was filled the day the UST was removed and explained that filling the excavation is the responsible party's decision and that as a safety issue, the EHD would agree with the decision. The EHD explained that a closure letter would have been provided to the responsible party if further investigation was not required. Upon further review of the file since the meeting, the EHD found that the excavation was lined with plastic and some backfill (soil) was placed on top of the plastic. In a phone conversation on July 21, 2004, Jim Thorpe Oil Inc. personnel were informed by the EHD staff that further excavation of the UST area or completion of filling the excavation should be discussed with the client. The EHD staff was informed that the excavation would be filled to grade per the contract with the client. The EHD sent a "Notice of Responsibility" and a letter explaining the notification by certified mail to the MS Investors. The EHD received verification of the July 13, 2004 delivery of the notification on July 21, 2004. The MS Investors representatives said the person who signed the receipt no longer works for them and they were not aware of the notification. The EHD received the laboratory results from the soil samples collected beneath the UST and the stockpiles on July 21, 2004. The analytical results of the soil samples collected at 10.6 and 11 feet below grade beneath the UST location showed detections of 3700 milligrams per kilogram (mg/kg) and 5800 mg/kg of total petroleum hydrocarbons as diesel. These levels of contaminants support the EHD requirement to further investigate and define the extent of the contamination in order to protect human health and the environment.