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JRN-05-1996 08:38 P.02i07 <br /> State eater Resources Contr*Board <br /> Division of Financial Assistance <br /> 1001 I Street•Sacmmento,Califomia 95814 <br /> Alan C.Lloyd,MD. P•0.Box 944212•Sacramento,Califomia-94244-2120 Arnold Schwarzenegger <br /> Agency Secretary (916)341-5700 FAX(916)341-5707 . www.swrcb.ca.gov/cwphomc/ustcf Governor <br /> APR 1 80-5 <br /> CERTIFIED MAIL.: 7099 3220 0000 1879 9183 00 <br /> Mr. Andrew Smith q 2005 _o <br /> Attorney At Law 0 r <br /> 115 West Walnut Street, Suite 3 �4r� <br /> Lodi, CA 95240 q� Vau� <br /> Dear Mr. Smith: <br /> UNDERGROUND STORAGE TANK(UST) CLEANUP FUND (FUND); FINAL DIVISION <br /> DECISION(FDD); CLAIM NUMBER 8531; FOR SITE ADDRESS: VENICE ISLAND <br /> FERRY,.STOCKTON, CA <br /> This is in response to your letter dated February 3, 2005, submitted on behalf of your client, <br /> Herman& Helen's Marina(claimant),requesting my review of the Fund Manager Decision <br /> (FMD) issued on December 6, 2004, which found that all of the MTBE contamination at the <br /> above site is related to one or more unauthorized releases from the aboveground storage tanks <br /> (ASTs) currently at the site. The FMD also requested the return of$257,983.00 that was <br /> overpaid to the claimant by the Fund while the Fund was awaiting the additional information <br /> requested by the Fund Manager in June 2003. <br /> Following my review of your letter and the letter dated February 2, 2005, from the claimant's <br /> consultant, Advanced GeoEnvironmental, Inc. (AGE), the FMD, and other documents in the file, <br /> I find I must support the FMD conclusion that the costs are ineligible for reimbursement and that <br /> the above sum must be returned to the Fund. I agree with all of the points raised in the FMD and <br /> incorporate it into this FDD by reference. <br /> Background <br /> According to the information provided in a letter dated July 21, 1994, from Mr. David Smith, the <br /> three former USTs on which the claim is based were initially installed in 1969 as ASTs. Over <br /> the ensuing years, the adjacent levee was built up around and partially covered these former <br /> ASTs,thereby allowing them to meet the definition of a UST. These three tanks, containing <br /> gasoline and diesel, were removed from the site in 1991. At the time of removal, soil samples <br /> collected from beneath the former USTs identified gasoline and diesel contamination. The soil <br /> samples were not analyzed for MTBE. <br /> MTBE analysis was first performed during the installation of five Geoprobe soil borings in <br /> August 1996. The highest concentration of petroleum contamination was found in soil boring <br /> GP-4, at a location adjacent to the current ASTs. In September 1997, four monitoring wells were <br /> installed at the site. Analysis of groundwater samples collected from these wells has shown very <br /> high concentrations of MTBE in the wells adjacent to and downgradient from the current ASTs. <br /> CmEfornis.Environmental Protecdon Ab encr <br /> P,rd Recydedpaper <br />