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NIM4DnierLifetile* 3511 North Riverside Avei- tel: 949-981-3319 Changing the way people think about twos. Rialto,CA 92377 fax: 949-585-8964 June 8,2007 2007 JUV Via Certified NW/Return Receipt Requested T,SA rr Mr. Ross D.Atkinson Regional Water Quality Control Board-Central Valley Region 11020 Sun Center Drive#200 Rancho Cordova,CA 95670-6114 Subject: Cleanup and Abatement Order No.5-01-722 for MonierLifetile LLC's French Camp and Lathrop Facilities San Joaquin County(Case No.4503) Request for Extension on removal of Lathrop Reject Material Pile Dear Mr.Atkinson: Thank you again for taking the time to meet with us. As we discussed,MonierLifetile LLC would like to request an additional year's extension for removal of the reject tile pile at the Lathrop facility (Removal date of September 2008). Upon removal of the pile, the subsurface investigation field work would immediately be initiated. We are aware that a second extension is not routinely granted but MLT believes that we have continued to show good faith in meeting the order-, current groundwater and soil investigation data indicates no significant impact from the piles; stormwater impacts have been prevented by water containment, treatment, and re-use; and market conditions allowing re-use of the material remains at un unprecedented low. As the extension will include an additional rainy season, additional measures to further minimize potential impacts will be implemented when the extension is approved. MLT is requesting the same extension from the San Joaquin County District Attorney and our attorney has indicted that the DA is considering it favorably but will make the final determination based on the WQCB determination. f MLT does not believe the extension will cause any adverse environmental impact based on the following. ➢ The Stockton facility pile was removed in 2006 and the subsurface investigation completed. With the soil investigation report for the Stockton facility indicating no contamination above screening levels and DIWET concentrations below Maximum Contaminant Levels (MCLS), there is no indication that the extension will cause or contribute to water quality issues. Groundwater continues to indicate no significant impacts. > MLT will continue to remove material and dispose in a Class 11 landfill to minimize the pile size during the next rainy season. Based on the lower reuse volumes due to the downturn in the housing market, new calculations of total re-use volume in the plants (the Lathrop material is now being re-used in both the Stockton and Lathrop plants) by September 2008 were prepared. MLT has already initiated offsite disposal of the excess material. > Stormwater at the facility continues to be contained onsite. The pile is currently bermed with stormwater contained in the berm and at the working face. The berm, and open area asphalt at the working face, is routinely inspected and repaired as needed. Stormwater captured is removed and reused within 7 days of a storm event. To further protect against any potential storm water impacts, the following additional steps will be taken with the WQCB approval: o The remaining pile will be covered for the next rainy season (October through May) with overlapping tarp material to prevent contact with the material that is remaining in the berm. To do this, the remaining material will be reshaped to minimize tarp damage before placement. The tarp will be inspected routinely while in place and repaired/replaced as necessary.