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questions with regard to developing the property for business. The site status was discussed during the meeting. The trench raised several concerns. One being that that the trench was excavated with out an approved workplan and by a contractor that may not have been qualified or trained to conduct the excavation in a safe manner. Another concern was that the excavation was excavated through a pile of burned tires and tire ash. The burned tires and tire ash can be considered hazardous waste. Other concerns were that the open excavation created a safety hazard and exposed burn ash that may have contained metal concentrations above hazardous waste levels. Robert McClellon of the EHD informed Ms. Kirk that the trench would have to be backfilled and that a workplan would need to be submitted prior to conducting the work. It was suggested that Delta Funding hire a consultant to determine the extent of the buried waste and that any site work would require a plan prior to conducting the work. The plan would require EHD review and approval. 03/21/01 —Robert McClellon received a phone call from Jack Merenda of Prudential California Realty. Mr. Merenda was concerned over a letter that he received regarding the property. The letter was from Sherri Kirk of the Kirk Law Firm. Mr. Merenda indicated that his client was a potential buyer and that the buyer did not want any involvement by the EHD after he purchased the property. He wanted to develop the property and have no regulatory oversight. Robert McClellon of the EHD stated that the proposed buyer should be cautioned. Robert McClellon informed him that the site is regulated by the CIWMB and the EHD and subject to annual inspections. Mr. McClellon informed him that any changes in use or any cleanup effort would require the EHD's involvement. Jack Merenda requested a written response concerning what would be required to develop the parcel. Robert McClellon stated that any written response would have to be approved by the Program Manager and the District Attorney. Robert McClellon requested a copy of the letter that Sherri Kirk sent him. Mr. Merenda stated that he would fax it over. 03/22/01 —The EHD received a fax copy of the Sherri Kirk letter dated 3/14/01. The letter stated that the property was pending sale to All Valley Packing and the property would be sold in its present condition. The letter also stated that Delta Funding would arrange with All Valley Packing Company to address any future site cleanup required at the property. 05/01/01 —Joint inspection of the property with CIWMB Staff. The inspection was to begin the site assessment process under the State AB 2136 cleanup grant program. Mac Macanas of the CIWMB was present and a cursory survey was conducted. Page 5 of 5