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Page 2 of 5 <br /> complete a Master File Record ("MFR "),'which becomes a permanent part of the file maintained <br /> by the Department. An applicant signing the MFR also authorizes the release to the Department <br /> of any and all results and environmental assessment information as soon and at the same time <br /> this information is provided to the applicant or its representative. This requirement is clearly set <br /> forth at the bottom of the MFR,just above the signature line. <br /> 3. An MFR concerning drilling and sampling work to be performed at 800 W. Church Street in . <br /> early September, 2008 was completed and signed by Gary Lieberman of MACTEC on August 28, <br /> 2008. <br /> 4. In checking the file, I noted Mr. Lieberman forwarded a letter to Mr. J. Wong on August 22, <br /> 2008. Mr. Wong is an employee of the Department who was, at the time, responsible for <br /> (description of duties). In his correspondence, Mr. Lieberman advised that MACTEC would <br /> forward a written report summarizing the field observations, sampling procedures and the results <br /> of the chemical analysis. Mr. Lieberman further stated MACTEC's,conclusions and <br /> recommendations for additional work would be included. These statements are consistent with <br /> the obligations set forth in the MFR. <br /> 5. To date we have not received any report concerning the drilling and sampling activities <br /> conducted by MACTEC during August-September 2008 at 800 W. Church Street. <br /> 6. 1 declare under the penalty of perjury that the foregoing is true and correct. Executed this- <br /> day of September, 2009 in Stockton, California. , <br /> Signature <br /> Carolyn Kneiblher, C.HG. <br /> Geosyntec Consultants <br /> Oakland,CA <br /> From: Mike Infurna [EH] [maiIto:MInfurna@sjcehd.com] <br /> Sent: Thursday, June 04, 2009 2:05.PM <br /> To: Carolyn Kneiblher <br /> Subject: RE: Request.for MFR,Form' <br /> can't say for sure if we will sign it without seeing your 'declaration' first. <br /> go ahead and send me/the EHD what you have and I have the higher ups <br /> check it out. I'll let you know if it is something we can sign or not. <br /> From: CKneiblher@Geosyntec.com [mailto:CKneiblher@Geosyntec.com] <br /> Sent: Thursday, June 04, 2009 1:46 PM: <br /> To: Mike Infurna [EH] <br /> Subject: RE: Request for,MFR Form <br /> Mike,. <br /> I do see the requirement to produce the data; but thus far, nearly a year later,.they have not <br /> produced the data. We are not sure they ever will produce the-data. If a declaration from EHD was <br /> needed to produce in court in order to compel production of the data, would your office sign a <br /> declaration? <br /> Carolyn Kneiblher,.C.HG. <br /> 9/4/2009 <br />