SITE INFORMATION AND CORRESPONDENCE FILE 2

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v N./ 17 August 2009 AGE-NC Project No. 96-0235 Page 3 of 3 r° The State Water Resources Control Board(SWRCB)Resol tion 2009-042 passed on 19 May 2009, required the EHD to review all cases for closure prior and further additionally new directives for corrective action are to be issued until all the sites are revie ed.The Resolution directs that the EHD determine "specific environmental benefits from any additional work be performed at the site"; therefore the installation of wells is not reducing contamination and are not an environmental benefit, against the reduction of the ground water plume. Additional assessment must have a cost reductive goal$when proposed. The installation of clean wells are not required or cost effective.A grab ground water sample should be proposed for collection prior to installation of monitoring wells to satisfy the Resolution. As you are aware, costs associated with the cleanup effort at the site were reimbursed by the SWRCB under the Underground Storage Tank (UST) Cleanup Fund. However, West Clay Properties was recently notified by the UST Cleanup Fund that future reimbursements by the State would be delayed as much as 18 months and up to two years based on its claim and class number C8542. Due to the costs of remediation activities (energy and equipment costs) and monitoring activities at the site,West Clay has accrued over$45,000 ofmonitoring expenses that have not been reimbursed by the UST Cleanup Fund.Additional costs for monitoring and remediation beyond the $45,000, have not been submitted to the SWRCB and cannot be properly reimbursed until the SWRCB finalizes the pending reimbursement. The accrued cost for the quarterly ground water monitoring has caused a great financial hardship on the West Clay property which no longer owns the site and has no continual capital from the site. Furthermore,based on the current conditions at the state,it is unlikely that West Clay will receive any type of reimbursement from the UST Cleanup Fund before late 2010 or the year 2011.West Clay property does not have the financial capabilities to continue evaluation of remediation or to installed`wells which do not directly benefit the ground water plume,when ground water monitoring activities are required at the site,until he can receive reimbursement from the UST Cleanup Fund(i.e. $45,000 or more). If you have any questions or comments,please contact our office at(209)467-1006. Advanced GeoEnvironmental,IS�oNAL GE QQOF�\p,M R No. 7473 William R. Little Senior Project Geologist s�grE California Professional Geologist cc: Ms. Tina Mayhew,West Clay Mr. Mark Owners ,USTCF Mr. James Barton, CVRWQCB Advanced GeoEnvironmental,Inc.