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Mr. Randy Kinny <br /> Page Two <br /> You are asked to sign the enclosed Letter of Intent to Proceed and return it to <br /> me by January 18, 1988. If you do sign the letter and remain in compliance with <br /> its terms: <br /> - your willingness to proceed will be documented. <br /> - the MPCA will not issue a formal order to you to undertake the required <br /> investigation. <br /> - the MPCA will not take the required investigation itself, and will not <br /> seek to recover its investigative costs from you by legal action. <br /> - the MPCA will review your plans and reports and will comment on your <br /> recommended investigations. We may suggest or require changes to <br /> ensure adequate investigation and corrective action. <br /> If you do not sign the enclosed Letter of Intent to Proceed: <br /> - the Commissioner of the MPCA may formally order you to take the <br /> required actions. Failure to comply with a formal order is a violation <br /> of Federal and State law. <br /> - the MPCA may take the required actions itself and recover the costs <br /> from you through legal action commenced by the Attorney General . <br /> - the MPCA may request the Attorney General to commence a legal action <br /> to compel you to take the required actions. <br /> As you review the Letter of Intent to Proceed with your attorney and consultant <br /> you may wish to propose minor modifications to the MPCA. Any such modifications <br /> shall not be effective until accepted by the MPCA Project Leader. <br /> Nothing prohibits you from taking investigative or corrective actions more <br /> quickly than is required by the Letter of Intent to Proceed as long as you are <br /> in compliance with the notification requirements of paragraph VIII of the <br /> Letter. In addition, nothing prohibits you from exceeding the requirements for <br /> investigations and corrective actions described by the enclosed. <br /> The MPCA may require additional investigation, corrections or information <br /> regarding the site, if the information generated by the Remedial Investigation <br /> or new information from another source indicates that additional work is needed. <br /> If, during the course of your investigation, you determine that the release in <br /> question is not from your tank(s) and that your tanks are not leaking, the MPCA <br /> may authorize you to stop the investigation. <br /> I am the assigned project leader for this site. Please feel free to contact <br /> me at 612/296-7322 if you need to discuss this case. Please address all <br />