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James L.L.Barton, P.G. • • May 12,2006 <br /> petroleum contamination from the USTs on the Subject Property was gradually released and <br /> dissolved into the groundwater over time. <br /> 3. The Board has made a finding that there was an unauthorized release of petroleum <br /> hydrocarbons during the time that Mr. and Mrs. Moore have owned the station at 6437 West <br /> Banner Avenue, Lodi, California, which is adjacent to the subject property, and that such release <br /> migrated into the groundwater and mixed with the existing contamination from the Subject <br /> Property. However, there has been no finding by the Board or any environmental consultant as <br /> to when, where or how such an alleged unauthorized release was supposed to have occurred at <br /> 6437 West Banner Avenue. In particular, Mr. and Mrs. Moore object to the statement in the <br /> November 29, 2005 Flag City Chevron Fact Sheet where it states in paragraph 5 on page 3 that a <br /> third MTBE ground water plume has been modeled as originating at least 300 feet to the north at <br /> New West Stations, Inc. It is Mr. and Mrs. Moore's position that there is no evidence of any <br /> actual release at the New West station, and that therefore the modeling is not a conclusive <br /> determination of a release, but instead merely speculation. Throughout the time that New West <br /> `Stations, Inc. has operated the station ar6437 West Banner Street, the UST were monitored by <br /> the Veeder Root monitoring system installed at the property, which has been in continuous <br /> operation throughout the time that New West Stations, Inc. has operated the 6437 West Banner <br /> Street station. There were no alarms from the monitoring system at any time that would indicate <br /> that there had been a release at the New West station. <br /> Therefore, Mr. and Mrs. Moore and New West Stations, hie. opposes any closure of this <br /> file so long as there is any determination that there was an unauthorized release emanating from <br /> the New West station unless and until evidence can be presented of the actual release itself, or <br /> such a finding is deleted. <br /> Mr. and Mrs. Moore and New West Stations, Inc. request a further hearing to address its <br /> concerns as stated in this letter, as well as such other forms and remedies that the Board would <br /> consider appropriate. <br /> Very truly yours, <br /> Sk.T. MALYSIAK\ <br /> STM/alz <br /> cc: Gil Moore <br /> 5-12-06 Barton 1tr 2 <br />