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MAY -14-99 12:55 AM <br />Martini, the owners decided to conduct an environmental Phase I <br />discovery and disclosure. The owners contracted for the services of <br />Advanced GeoEnvironmental, Inc. With their assistance, the <br />Phase I was done in mid June, 1998. It was only then did the <br />three owners of the property learn of the existence of such a tank. <br />Upon the discovery of the tank the owners felt that the only right <br />and fair thing to do was to remove the tank. This was completed <br />in late September, 1998. In accordance with recommendations by <br />Advance GeoEnvironmental, an estimated 40-45 yards of <br />additionally contaminated soil surrounding the tank will be <br />removed and back filled with clean soil. This will be accomplished <br />by the end of this month. <br />It is the belief of the owners that they are being penalized for <br />a tank which they did not even know existed and which, it has <br />been since learned, has not been in use for years. <br />The owners believe that they are being penalized for taking <br />the initiative in doing the "right and fair' thing. The owners are <br />seeking to solve the problem, not to avoid it. They have responded <br />immediately to the problem (June—October... four months). They <br />are being proactive and believe that the invoice sent them <br />September 21, 1998 is arbitrary, unilateral and unfair. <br />The owners request that you consider their appeal <br />and waive the fees and penalties given the above <br />information. <br />We look forward to hearing from you <br />Sincerely, <br />Robert Eustis, <br />Representing Mary Jo, Virginia Byford and Eileen Rue <br />P.03 <br />