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Nelson Ready Mix Concrete And Rock Company, Inc. -2- JUN 2 8 2012 <br /> Claim No. 019076 <br /> commitment to reimburse eligible costs claimed. Such commitment <br /> will be deemed to occur only when a letter of commitment is issued <br /> that specifically commits funds to a claim. <br /> (b) Claims on the priority list will generally be processed and paid <br /> according to priority class and the ranking of claims within each priority <br /> class. To the extent practicable, all claims within a higher priority class <br /> will be processed and paid before any claims in a lower priority class. <br /> Your claim application was received on October 4, 2007, and was accepted to the <br /> Priority List on January 19, 2010. The ranking of claims is determined by priority of <br /> claim and by the application receipt date. Thus, your claim was ranked based on the <br /> October 4, 2007, receipt date. Claims are issued a LOC and funded in rank order, <br /> dependent on available funding. <br /> Although we appreciate your diligence with cleanup efforts, the Fund, unfortunately, <br /> does not have adequate funding available for all new claims at this time; therefore, we <br /> must rely on the Priority List ranking to determine the order in which claims will be <br /> funded once funding is available. We expect that we will be issuing Priority "B" claims in <br /> fiscal year 2012/2013. <br /> Lastly, you assert that the eligibility determination took a long period of time and you <br /> should have a LOC by now. As stated above, the ranking of claims is established by <br /> the receipt date, not the date that the eligibility evaluation is completed. Therefore, the <br /> delay between the receipt date of your claim and the eligibility determination did not <br /> have any effect on your claim ranking, or your place in line to receive an LOC. <br /> Pending approval of your claim budget and a satisfactory compliance review, the next <br /> step is to issue a Letter of Commitment (LOC) obligating funds to the project when <br /> funding is available. The issuance of LDCs is dependent on available funds and the <br /> closure of existing claims. You may view the claims on the annual Priority List on the <br /> Fund's website at <br /> http://www.waterboards.ca.gov/water issues/programs/ustcf/prioritylist.shtml. <br /> Allocation of Funds: Prior to issuing an LOC, Fund Technical Staff will conduct a review <br /> of your claim and information in GeoTracker. Based on this review, your claim will be <br /> categorized according to the cleanup phase being conducted at the site. A funding cap <br /> will be established for your claim, and you will be requested to submit a claim budget. <br /> Claim Budget: All Priority A, B and C claims are required to have an approved scope of <br /> work and budget prior to receiving an LOC. These budgets must be updated and <br /> approved annually, and will enable the Fund to develop cash flow projections and <br /> improve payment processing times. Detailed instructions and necessary forms will be <br /> sent to you when the Fund determines funding is available for your claim. Information <br />