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Lyon Communities, Inc. inches would fulfill the thickness requirement listed in the above- referenced regulation. However, this remedy would be difficult to maintain due to rodent activity. Poisoning the rodents has not proven effective. An alternative approach suggested by Mr. Shipley would be the construction of a park, with maintained vegetation, such as the pavilion area at Weston Ranch. This would mitigate the threat of asbestos migration, be a long-term solution, benefit the community, improve aesthetics on the approach to Weston Ranch and be less expensive than the asphalt parking lot. However, it would require a commitment for maintenance of the vegetation and integrity of the cover. Application of a petroleum-based or resinous soil sealant is considered an interim solution because reapplication would be required every six months. This method was utilized in May 1988. It could be accepted as a permanent solution only in conjunction with a satisfactory and enforceable maintenance commitment. As discussed at the June 24, 1991 and another meeting held at EPA on July 11, 1991, EPA understands it is Lyon Communities' intent to implement the 24-inch cover option. To permit Lyon Communities to sample for off-site contamination and move any soil containing such contamination on-site, an extension is granted as set forth in the enclosed third amendment to Order 89-09. To assure that no asbestos exposure occurs, the area must be adequately wetted to prevent any visible dust emissions during construction activities. As required by the Order, Lyon Communities must notify EPA of each action taken in compliance with the Order, including submission to EPA of off-site sampling results and the final site maintenance plan. Development plans for the site are subject to required notifications to and approval by the City of Stockton and any state or local agency that has jurisdiction. The technical quality of the work by Thompson-Hysell to date appears to be acceptable. However, since the integrity of the interim soil cap is deteriorating, no further delay will be tolerated. EPA has previously required that action be taken to maintain the interim cap and vegetation cover to prevent any further release or migration of asbestos from the site. This concern has been documented on more than one occasion in previous correspondence. If site construction activities are not complete as set forth in the amended Order, EPA will re-evaluate its options to enforce the terms of the Order 89-09 or assume management of the project and seek cost reimbursement, including the assessment of penalties in either case. 2