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be responsible for their removal. He further stated that the Church had no prior knowledge <br /> of the stand pipes and no prior knowledge of the underground storage tanks until the <br /> abatement notice issued by Letitia Briggs of the San Joaquin County Public Health Service <br /> dated March 12, 2001. <br /> • Previously in time, a contractor, Time Warner under contract with Level 3 <br /> Telecommunications, had horizontally drilled and installed several fiber-optic lines under the <br /> sidewalk running parallel to and adjacent to Hunter Street with the intent to bring the fibre- <br /> optic lines into the Pacific Telephone Building across Hunter Street from the subject location. <br /> Jim Thorpe Oil was contracted to remove the tanks. The excavation preparing for the <br /> removal of the tanks, exposed that drilling operation by Time Warner had pierced both of the <br /> tanks and subsequently they had installed several of the fiber-optic lines through the middle <br /> of both tanks. It was determined that it would have been too great a risk and possibly too <br /> expensive to remove the tanks from the fiber-optic lines. <br /> • The city was anxious for the restaurant to become relocated into the property and since the <br /> tanks were located in city property the city accepted responsibility for resolving the tank <br /> issue. Checking with your records from San Joaquin Environmental Health Department <br /> could verify that process. At that time, the church was not any longer considered to be <br /> involved in the tank removal and the church did not receive any further communication nor <br /> documentation referencing any responsibility for these two tanks. The end result, at the risk <br /> of damaging the fiber optic lines, the city and environmental health fill the tanks with a <br /> concrete slurry instead of attempting to remove them from their location. The two tanks <br /> (Tanks#1 and #2) are still under the sidewalk under the entrance way to the parking lot <br /> North of the Cancun Restaurant. <br /> • In the same area, (the Cancun Parking Lot entrance) in July of 2001 at approximately 10 to <br /> 15 feet West of Tanks#1 and #2, at the time the restaurant was developing the parking lot, <br /> Tank#3 was uncovered on the property owned by St John's Church. After properly cleaning <br /> the tank and disposing of any residual liquid in and around the tank, Jim Thorpe Oil Co., <br /> removed the tank and disposed of it on July 30, 2001. Again, this action should be shown in <br /> San Joaquin Environmental Health's records. The tank was transported to a disposal site. <br /> The hole was backfilled and compacted all under the auspices and clearance by San <br /> Joaquin Environmental Health. <br /> • The more specific location of the Tanks#1, #2 and#3 is within the entrance to the Cancun <br /> Restaurant's parking lot that is immediately north of the Restaurant building and is <br /> approximately 160 feet North of East Miner Avenue. The finding, excavation of and <br /> disposition of the three tanks was completed in the year 2001. These tanks, either Tank#1 <br /> or#2 or#3 are the tanks you refer to in your letter and as noted above, they have been dealt <br /> with properly and in compliance with Environmental Health who, we understood, had <br /> obtained approval from the State Water Resources Control Board. <br /> • The tank, to which our recent request for acceptance into the States Cleanup Fund is hereby <br /> referred to as Tank#4. Its location is at the Southeast corner of the City block that borders <br /> East Miner Avenue and North Hunter Street. Its specific location was within 10 feet north of <br /> East Miner Ave, in the Hunter Street sidewalk within 5 feet of the Cancun Restaurant <br /> Building itself. <br /> • This tank was discovered by another contractor who was under contract by Level 3 Fibre <br /> Optics Company and whose intent was to connect additional fiber optic lines to the <br /> previously installed under sidewalk lines. Their discovery was in October 2007 and they <br />