SITE INFORMATION AND CORRESPONDENCE

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7 i Mr. Robert B. Sternfels — September 2, 1992 Page 2 The Regional Board requested in their letter dated August 18, 1992 (Attachment D), that the soil borings be continued beyond the proposed depth of the five feet to define the zero line of soil contamination or until groundwater is reached, if necessary. Should field indications during drilling lead us to believe that contamination extends beyond a depth of five feet,we propose that we be allowed to drill the boreholes deeper. The maximum depth of the boreholes is anticipated to be 20 feet. We may need to drill deeper if groundwater is not encountered at this depth. We are requesting that Condition 2 of the permit be revised to reflect this change. We are unable to agree to Condition 6 as it stands and suggest that it be revised to state: Permitees shall indemnify Reclamation District # 548, its trustees, officers, engineers and attorneys ("Indemnitees") and hold them and each of them harmless from and provide a defense to each Indemnitee, for any loss, liability, claims, lawsuits (threatened or filed) or injuries, whether or not well founded to the extent resulting from or incurred as a result of the negligent acts or omissions of Permitees, their agents, employees or servants relating to the permitted work. In the event that any claim or legal action is threatened or commenced against one or more Indemnitees, Permittees shall select and pay for legal counsel.reasonably satisfactorily to Indemnitees. The Regional Board has requested that we submit a schedule for submittal of the site assessment report. Since our schedule is dependent on receipt of the modified permit from your office, please provide us with an estimated date for issuing a modified permit. We are also requesting information on engineering and attorney hourly rates since these may be billed per Condition 9 of the permit and an estimate of what these fees may be in this situation.