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• • May 12,2006 <br /> Lames L.L.Barton,P.G. graduallY released and <br /> petroleum contamination from the USTs on the Subject Property was <br /> dissolved into the groundwater over time. <br /> 3. The Board has made a finding that there was an unauthorized release of petroleum <br /> and that such release <br /> hydrocarbons during the time that Mr. and Mrs. Moore have owned the station at 6437 es <br /> Banner Avenue, Lodi, California,which is adjacent e the subject nt environmental consultant as <br /> migrated into the gr°mrdwater and mixed with he Board or environmental <br /> on from the Subject <br /> Property. However, there has been no finding by supposed to have occurred at <br /> articular, Mr. and Mrs. Moore object toath 5 on page 31that a <br /> to when, where or how such an alleged unauthorized release was supstatement <br /> 6437 West Banner Avenue. In p <br /> ground water plume has been modeled as originating at least 300 feet to the north y <br /> November 29, 2005 Flag City Chevron Fact Sheet where it states in paragraph <br /> third MTBE grposition that there is no evidence of any <br /> is not a conclusive <br /> New West Stations, Inc. It is Mr. and Mrs Moorethat therefo <br /> ,s pre the out the time that New West <br /> actual release at the New West station, and speculation- <br /> pecu at on- Through modeling <br /> detelmination of a release, but instead merely sp which has been in continuous <br /> 'Stations, Inc. has operated the station at-6437 West Banner Street, the UST were monitored y <br /> the Veeder Root monitoring system installed to the property, <br /> Inc. has operated the 6437 West Banner <br /> operation throughout the time that New West Stations, <br /> time that would indicate <br /> from the <br /> Shat there had beenre release at thWere no alarms <br /> Naw West station. <br /> monitoring system at any <br /> Therefore, Mr. and Mrs. Moore and New West Stations, Inc. 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 /> ng to address its <br /> New <br /> ons, Inc. reue <br /> concerns as <br /> Mr. d Mrs. Moore an <br /> in this letter,d as well astsuch lother forms and remedies thatnthe Board would <br /> consider appropriate. <br /> Very truly yours, <br /> Y <br /> SPEN R T.MALYSIAK1 <br /> STM/alz <br /> cc: Gil Moore <br /> 5-12-06 Barton 1tr 2 <br />