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Page 2 of 3 <br /> during March 2010, the EHD will issue a directive letter to sample the wells in April <br /> 2010. <br /> TOC was verbally advised that failure to comply with directives issued by the EHD <br /> may result in formal actions. Additionally, the EHD will be notify the CUF that TOC <br /> is not in compliance. This typically results in a letter from the CUF to the claimant <br /> advising of a limited time to return to compliance or be disqualified from the CUF. <br /> Please advise when you have gained access to the site and when COP becomes <br /> the claimant for this site. <br /> mike. <br /> From: Lathrop, Shelby S (Shaw Environmental, Inc.) <br /> [mailto:Shelby.S.Lathrop@contractor.conocophillips.com] <br /> Sent: Tuesday, March 02, 2010 9:36 AM <br /> To: Mike Infurna [EH] <br /> Cc: Eric Holm; Barclay, Diane <br /> Subject: RE: Best Gas/TOC #172 <br /> Hi Mike, I'll confirm with our counsel as to if this is correct, but as far as we understand the Agreement <br /> ready to sign today is for a site in Santa Clara. <br /> We will prepare and send to you a chronology of negotiations on TOC #172, however, in the meantime, <br /> Agreement negotiations have related to unclear UST Cleanup Fund (CUF) status: GeoTracker shows two <br /> CUF claims on the same site, which as we understand is not allowed by the CUF, especially if they are <br /> different categories. <br /> The claims numbers are 13547 and 2156. Category C and D respectively. Currently the D-level claim is <br /> shown as Active by the CUF, although it's not on any of the lists for pending payment. The C-level claim <br /> isn't on any of the lists I can search, including the Suspended list. <br /> We've asked Thrifty I believe several times to document that their claim status with the CUF is clear, but to <br /> date we've not received it; Diane stated you'd had some recent conversations with the CUF on this issue <br /> and there was an impression it's resolved. Could you tell us the case worker you spoke with? <br /> I've ccd Eric Holm of Delta on this correspondence as he's our CUF specialist. I've relayed your earlier <br /> correspondence that we need to resolve this issue ASAP to our legal folks and to management so we're all <br /> on the same page. <br /> Shelby S. Lathrop <br /> Shaw Environmental, Inc. <br /> Approved service provider of ConocoPhillips - Risk Management & Remediation <br /> Client Contact Information: <br /> 76 Broadway <br /> Sacramento, CA 95818 <br /> (916) 558-7609 <br /> fax (916) 558-7639 <br /> 3/3/2010 <br />