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Ms. Donna Heran, Director San Joaquin County Public Health Services Environmental Health Division May 8, 1997 Page 2 In addition to the absence of contamination at the Property, all the parcels surrounding the Property, including those parcels closer to Chevron's pipeline with higher detections of hazardous waste, have been granted no further action letters from your office. For example, the Dividend Property, which abuts the pipeline from the south is 1000 feet closer to the pipeline than the Property, has been deemed to require no further action. Additionally, the neighboring McCormack and Nicholaw properties have been found to require no further action by your office (See letters enclosed herewith). Finally, Chevron's letter to Mr. Infurna confirms Mr. Souza's position that no further work needs to be performed at the Property (See, Chevron's August 22, 1996 letter enclosed herewith). Mr. Souza is currently in the process of entering into an agreement for the sale of the Property. As such, Mr. Souza has sought to resolve any outstanding issues in regard to the environmental conditions at the Property with the pertinent regulatory agencies. In furtherance of such resolution this office, on behalf of Mr. Souza, has attempted to contact Mr. Infurna and Ms. Lagorio of your office in a letter dated March 24, 1997 (enclosed herewith). As of the date of this letter, this office has not received a response. As discussed above, this office also contacted Ms. Wendy Cohen at the CVRWQCB to determine whether that office required any further environmental investigation. Ms. Cohen explained via telephone that due to the absence of actual, or a threat of contamination to the groundwater at the Property, her office has no regulatory jurisdiction over the property to require any further environmental investigation. As a result of the absence of a significant threat or actual contamination to groundwater or soil at the Property, this office requests that your office issue a no further action letter for the Property so that Mr. Souza can go forward with the sale of the Property. The continued uncertainty and seemingly arbitrary and capricious delay in closing this Property has caused and continues to cause Mr. Souza severe financial detriment in that it has effected, and may bar the Property's saleability. within ten 10 days since the sale of Mr. Souza's roe is Please respond to this letter ( ) y property rty pending. Failure to respond will require Mr. Souza to pursue his available legal remedies against the County of San Joaquin to relieve his Property from, and/or compensate him for the above described action.