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Sierra Lumber Manufacturers -3- Claim No. 008478 Discussion of Why You Do Not Meet Requirements You do not meet the Priority "B" Classification requirements because: • Your total gross revenues for 1991, 1992 and 1993 are unknown. The Fund received the tax returns for Sierra Lumber Manufacturers. However, you have not provided the tax returns for its affiliates and majority shareholders, as requested in the Fund's September 9, 2009 letter. Although you have not provided all the information requested, a financial review of the tax documentation submitted was performed and your income, as reported on the 1991, 1992, and 1993 federal tax returns, exceed the amount allowed. For the purposes of assignment to a Priority Class "B" you, together with affiliates, cannot exceed $12 million average annual gross receipts over the last three years prior to the date of your claim application. • Your total employee count for 1993 is unknown. The Fund's September 9, 2009, letter notified you that the letter from your legal counsel, Mr. Jonathan W. Shirley, is not sufficient justification to verify your employee count and requested that you provide a copy of your Employment Development Department (Form DE-6) payroll reports or internal employment records. To date, you have not provided this information. For the purposes of assignment to a Priority Class "B" you cannot exceed 100 employees, including all affiliates. • You have not submitted a complete "Worksheet for Priority Class B Claimants" form. The Fund's September 9, 2009, letter requested that you complete Item 3 of this form, but as of this date you have not submitted a complete worksheet. Appeal Process This represents an FMD in this matter. In accordance with section 2814.1 of the Fund Regulations, if you are not in agreement with this FMD, you may request a Final Division Decision (FDD). The appeal must be received by the Deputy Director of the Division of Financial Assistance within 60 days of the date of this letter. If you do not request an FDD within those 60 days, this decision will become final and conclusive. The request should be sent to: Mr. James Maughan, Acting Deputy Director USTCF Claim No. 008478 Division of Financial Assistance State Water Resources Control Board P.O. Box 944212 Sacramento, CA 94244-2120 The request for an FDD must include, at a minimum: (1) a statement describing how the claimant is damaged by this FMD; (2) a description of the remedy or outcome desired; and (3) an explanation and supporting documentation of why the claimant believes the action or this FMD is erroneous, inappropriate, or improper. California Environmental ProtechFon Agency A �.a RecyGed Paper