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V <br /> Mr. Dick Mathews <br /> CONOCO PHILLIPS <br /> March 10, 2005 <br /> Page Two <br /> 3. You indicate that BP Oil, predecessor-in-Interest to COP, is monitoring <br /> the various wells on or about the property including approximately <br /> seven (7) located on site; four (4) off site and one (1) in a sidewalk <br /> area. Quarterly reports of groundwater monitoring are prepared by its <br /> authorized agent, currently Mr. Kyle Christie of Atlantic Richfield _ <br /> Company (URS) submitted to SCEHD for review by SCEHD staff, most <br /> particularly, Mr. Harlin Knoll of that agency in conjunction with Ms. <br /> Margaret Lagorio, as and when required. <br /> 4. You indicate that BP Oil and COP share responsibility for remediation <br /> as defined by separate agreement between these entities and that <br /> funds are, and have been, available for remediation efforts required by <br /> SCEHD or any other agency having jurisdiction. You further explain <br /> that BP Oil, as successor-in-interest to Mobil, assumed all preexisting <br /> groundwater contamination conditions at this location at the time it <br /> acquired Mobil's assets and other liabilities in 1989. <br /> 5. Mr. Knoll indicated that additional lateral and vertical testing is required <br /> and intends to send a directive letter to Mr. Kyle Christie requiring a <br /> "work line" response. You agree to facilitate better communication <br /> between Mr. Christie and other staff of SCEHD, most particularly Mr. <br /> Knoll since Mr. Knoll indicates that calls to Mr. Christie, of recent date, <br /> are not being returned. He also indicates that a review of a City of <br /> Tracy "ball park well" located with the 1,000 foot distance requirement, <br /> and although up-gradient, should be evaluated, and Ms. Sewell of your <br /> office, agrees to investigate this matter further and respond accordingly <br /> to Mr. Knoll. We similarly will appreciate knowing the status of her <br /> findings. <br /> The importance of the additional testing required by SCEHD is <br /> obvious, for it will, among other things, provide all parties a better idea <br /> of quantity levels of groundwater contamination and degree of <br /> additional remediation efforts that may be required. As <br /> explained, the owner of this shopping center desires to quantify, to the <br /> highest extent possible, these two items as a part of its <br /> discussions with you regarding your written requests about the Lease. <br /> 6. Although it would be most desirable to obtain a "No Further Action" <br /> Letter from SCEHD, if an when this is made possible, such letter will <br /> also provide the caveat "at this time", according to Ms. Lagorio of <br />