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t California Regional Water Quality Control Board w <br /> Central Valley Region <br /> Karl E. Longley,SCD, P.E.,Chair >-` <br /> Linda S.Adams 11020 Sun Center Drive 4200,Rancho Cordova,California 95670-6114 Arnold <br /> Secretaryfor Phone(916)464-3291.FAX(916)464-4645 Schwarzeneggi <br /> Environmental hUp://www.waterboards.ca.gov/centralval ley Governor <br /> Prosection IN ES 0 <br /> 20 January 2010 <br /> AN252010 <br /> ENVIRONMENT HEALTH <br /> Ms. Anne Ogrey PERMIT/SERVICES <br /> Spreckels Sugar Company <br /> P.O. BOX 60 <br /> Tracy, CA 95378 <br /> DEED RESTRICTION, FORMER HOLLY SUGAR FACILITY, TRACY, SAN JOAQUIN <br /> COUNTY <br /> California Regional Water Quality Control Board, Central Valley Region (Central Valley <br /> Water Board) staff reviewed the 11 December 2009 Deed Restriction (Letter) submitted <br /> by John Minney on behalf of Spreckels Sugar Company (Spreckels) for the former Holly <br /> Sugar facility on Holly Drive in Tracy (Site). <br /> The Site is the location of a former sugar beet processing facility. In November 1990, <br /> about 500 to 800 gallons of No. 6 fuel oil spilled from a 420,000-gallon aboveground <br /> storage tank (AGT) in the northeast corner of the facility. Spreckels emptied the tank in <br /> 1997, and it is no longer in operation. <br /> The Letter states that Spreckels would like to pursue the option to close the Site with a <br /> land use covenant (deed restriction) to limit the installation of new wells at the Site. The <br /> 28 September 2009 Central Valley Water Board staff letter included a draft deed <br /> restriction, and the Letter includes Spreckels' comments on it. <br /> The letter clarifies that the deed restriction is placed only on the area of the AGT and <br /> include a legal property description. Spreckels requested that Board staff modify <br /> Section 3.02b of the deed restriction to limit only the installation of wells for domestic or <br /> potable uses. Board staff did not accept this change. The deed restriction limits the <br /> installation and pumping of groundwater in the area described in the deed restriction <br /> not only to protect people who may use the water but also to prevent pumping from <br /> causing plume migration. In addition, Spreckels requested Board staff change the word <br /> "hazardous" to "regulated" in Section 3.04 of the deed restriction. Board staff does not <br /> agree with this change, since these two terms have different meanings. <br /> Attached is the final deed restriction with the changes discussed in this letter. By <br /> 26 February 2010, Spreckels needs to sign the attached deed restriction and have it <br /> notarized. Once Board staff receives the notarized signed deed restriction, we will <br /> provide it to the Central Valley Water Board Executive Officer (EO) for signature. Once <br /> signed by the EO, staff will return the signed deed restriction to Spreckels to record with <br /> San Joaquin County, after which we can proceed with the No Further Action process. <br /> California Environmental Protection Agency <br /> r j Recycled Paper <br />