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co.0.0 27.47:6. <br />"LUNITED STATES ENVIRONMENTALPROTECTIONAGENCY <br />REGION IX 6 <br />75 Hawthorne Street <br />2 1991 0 San Francisco, CA 94105 ENVIR(); MENTAL HEALTH <br />PLRMIT/SERVICES <br />CERTIFIED MAIL: P 678 973 267 <br />RETURN RECEIPT REQUESTED <br />Dick Randall <br />President <br />Lyon Communities Inc. <br />1631 North First St., Suite 100 <br />San Jose, CA 95112 <br />Re: EPA Order No. 89-09, as amended, regarding the Asbestos <br />abatement at 4599 Manthey Road, French Camp, California <br />Dear Mr. Randall: <br />This letter serves as written confirmation of certain <br />discussions between representatives of the U.S. Environmental <br />Protection Agency (EPA) and Lyon Communities Inc. and its <br />contractor, Thompson-Hysell Inc. <br />On May 29, 1991, EPA On-Scene Coordinator Brad Shipley was <br />informed by Tom Owens of Thompson-Hysell Inc. that another delay in <br />the final encapsulation of the asbestos at the above-referenced <br />site was expected due to problems with subcontractor negotiations. <br />On May 31, 1991, at Lyon Communities' request, Mr. Shipley attended <br />a pre-bid meeting with Thompson-Hysell and two subcontractor <br />representatives to assist with clarification of issues pertaining <br />to the placement of the asphalt "park & ride" cover. <br />As discussed at the May 31 meeting, all movements of asbestos <br />material within and onto the site must comply with applicable law <br />and regulations. The contractor selected to construct the cover <br />must have the expertise required for safely and legally <br />implementing the chosen remedy. <br />On June 20, 1991, Tom Owens again requested to meet with <br />Mr. Shipley to discuss additional problems with subcontractor <br />negotiations. The meeting was conducted on June 21, 1991. At the <br />meeting, solutions that might, if implemented properly, comply with <br />the EPA Order cited above (the "Order") were discussed. <br />Mr. Shipley stated at the meeting that the interim six-inch <br />compacted nonasbestos-containing cover that was constructed in July <br />1989 does not comply with 40 C.F.R. §61.153(a) because the <br />vegetation portion of the cover was not maintained in the sense <br />intended by the regulations. Mr. Shipley also indicated that <br />increasing the thickness of the interim cover to a minimum of 24 <br />1