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U ? <br /> Stantec Project#:211401082(77CP.01481) <br /> Page 2 <br /> 2/19/09 <br /> Presented below is-the history of COP's multiple attempts to obtain an access agreement <br /> to the off-site property (copies of correspondence and License Agreement are attached as <br />! Attachment 1): <br /> 1. At the request of Ms. Rishwain, COP sent first email request including a proposed <br /> License Agreement to Atlas Property Management, on September 5, 2008. <br /> 2. The first negative response was received via email from Ms. Rishwain on <br /> September 5, 2008. <br /> 3. COP sent a second request letter accompanied by another proposed License <br /> Agreement to Ms. Rishwain via UPS on September 15, 2008. <br /> 4. No response was received from Ms. Rishwain to COP's second request. <br /> 5. COP sent a third request to Ms. Rishwain via UPS on December 9, 2008. <br /> 6. COP received a second negative response from Ms. Rishwain on December 15, <br /> 2008. <br /> Since there is no positive response from Atlas Property Management for Transamerica, <br /> COP will prepare a new License Agreement in which COP will specify that instead of <br /> installing monitoring wells: MW-11 D, MWA 11and MWA 1 S; COP will drill up to three soil <br /> borings: SBT-1, SBT-2, SBT-3 and collect grab groundwater samples (Figure 2A). <br /> Additionally, COP will specify that, if-requested by Transamerica, the drilling activities <br /> and/or batch extraction activities be ,performed on weekends (on existing wells: MW-9D, <br /> MW-91 and MW-9S). <br /> COP and Stantec reviewed the SJCEHD recommendation to ;perform batch extraction <br /> activities on wells-MW-9D, MW-91 and MW-9S, from 'West March Lane (eastbound) on <br /> regular business days and/or on weekends, and we strongly disagree with this suggestion. <br /> Wells MW-9D, MW-91 and MW-9S are located on the sidewalk of West March Lane and <br /> approximately 100 to 200 meters west from the on-ramp and off-ramp to Highway 5. That <br /> section of West March Lane is heavily congested with traffic most of the time, including <br /> weekends. At this time, due to the potential safety risks and over-all liability issues <br /> associated with traffic control and lane closures, COP and Stantec cannot justify placing <br /> our work crew at risk in order to implement SJCEHD's recommendation. In order to <br /> perform the batch extraction, we require access.to the side street near wells MW-9 <br /> As recommended 'by SJCEHD, Stantec will prepare fate and transport modeling for the <br /> MTBE off-site migration and time required to reach Central Valley Regional Water Quality <br /> Control Board water quality goals. <br /> Stantec had proposed installation of well booms as an interim remediation measure. As <br /> requested by the SJCEHD, we will not use well booms. <br /> I:\ConocoPhillips\Retail Sites\5866\Reports\5886'Fina1 Letter SJCEHD Feb-09.doc - <br />