SITE INFORMATION AND CORRESPONDENCE_1988-1991

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DDRW-WB PAGE 3 15 Nov 91 Ms. Antonia K. J. Vorster 7) We have also been busy defining our authority to order Mr. Lewes to discontinue his pumping operations. While CERLA/SARA enables us to ga n access to the property for purposes of obtaining samples, it does not app ar to give us administrative authority to order the discontinuation of pumpi g operations. Any such action would have to be coordinated through the Corps of Engineers and through the U.S. Attorney. Ultimately, an injunction would have to be sought in federal court. It is our opinion that the State is in the best position to discontinue the pumping. This is especially true because it is unlikely that Mr. Lewis will receive compensation that meet his demands. His compensable damages are likely to be less than his "identified" damages. 8) We have been informed by our headquarters that DERA monies wil be available for compensating Mr. Lewis and/or the property owners for "property" damages attendant to the response action. While our local cou sel does not agree with this determination, we are operating under the headquarter' s guidance in this matter. We have also determined that providing Mr. Lewis an alternate agricultural water supply is not economically feasible, especially given the nature of his interest in the property in question, if any. Mr. Lewis agrees with this determination because he believes that the replacement of his water supply would not be operationally feasible. 9) Finally, we believe it would be beneficial if all the project managers meet with our Corps of Engineers' representatives, legal counsel , and representatives from the County to determine if a short term resoluti n to this matter can be gained. It is our estimation that any short term " fix" must come from the regulatory community. 10) Mr. Lewis said he would not be using the agricultural well until the Spring of 1992. 11) Preparation and submission of plan and time schedule to discontinue the use of the agricultural well cannot be accomplished until some type of agreement can be negotiated between Sharpe, Mr. Lewis, and the property owners. Request that you or your legal counsel . contact Sharpe' s Counsel , Mr. Dave S. Riley, telephone (209) 982-2021, to discuss legal issues on this matter.