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• S ECOR 0 1 <br /> Rusty stated that the RDA had plenty of time to comment,that they were involved all along, and <br /> that only after the costs were realized did they object to the work plan. The costs should not have <br /> been a surprise to the RDA as the work plan was basically the same plan that Clayton put forth <br /> for Unocal. <br /> Duncan stated that if the RDA is not planning to continue the excavation work outlined in the work <br /> plan, and only the first$1,000,000 will be completed, then he cannot agree to approving that <br /> work. <br /> Rusty and Tom provided a copy of the Settlement Agreement to Duncan to make his own copy <br /> and clarified a few items within the Settlement Agreement for Duncan. <br /> -Duncan leaves the room briefly- <br /> Robert stated that if the L&M Group starts excavation activities it will be at there own expense. <br /> Kitty stated she believes that she cannot approve the work plan until the Polanco is signed. <br /> Mary stated she feels that a Cleanup and Abatement Order will be necessary. Mary asks Robert <br /> to please provide her with a timeline for the RDAs plan to complete cleanup for the site. <br /> -Duncan returns-. <br /> Duncan asks Mary if a decision has been made. <br /> Mary states that there is no decision to make. The RWQCB approved a work plan that needs to <br /> be carried out. Mary states that the excavation cannot stop, it must be carried to completion. <br /> Approval was not for only a portion of the work. Implement the work plan and fight over cost later. <br /> Duncan stated that he agrees with Mary that if the plan is to stop after$1,000,000 then no <br /> approval to proceed. <br /> Duncan suggests that perhaps the L&M Group could pay$1,000,000 to the RDA and the RDA <br /> could carry a remediation forward. Everyone is in agreement that excavation to some extent will <br /> need to be done. <br /> Both Tom and Kitty agree to look into that. Several qualifiers would need to be in place. The L&M <br /> Group would need to have a say in the soil remediation plan and timeline for execution as it <br /> affects the September 2009 deadline in the Settlement Agreement. <br /> Duncan suggests that maybe a better plan would be for the RDA to allow the L&M Group to <br /> proceed to $1,000,000, leaving the excavation backfilled (to original state)and the RDA could <br /> develop a plan to proceed from there. This will allow the L&M Group to proceed as planned to get <br /> something accomplished this year, and most likely they will be able to do more for the$1,000,000 <br /> than the RDA possibly could.The L&M Group will be more efficient than government and have <br /> reduced rates with vendors for excavation activities. <br /> Mary states that perhaps a stepped approach is needed if the RDA does not intend to carry out <br /> the work plan as approved by the RWQCB. <br /> Tom and Kitty agree to look into these options. <br /> Duncan asks that both sides provide a plan to proceed by Tuesday, August 30, 2005. <br /> The meeting ended at 3:50 PM. <br /> 5 <br />