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Ate,....* - <br />UNITED STATES <br />ENVIRONMENTAL PROTECTION AGENCY <br />REGION IX <br />In the matter of <br />Manthey Road Property <br />4599 Manthey Road <br />) <br />) <br />) <br />) <br />French Camp, California ) Second <br />) Amendment to <br />Lyon Communities, Inc., <br />Respondent <br />) <br />) <br />Order 89-09 <br />) <br />Proceeding under Section 106 of the ) <br />Comprehensive Environmental Response, <br />Compensation and Liability Act of 1980, <br />as Amended <br />) <br />) <br />) <br />) <br />Order No. 89-90, as amended on July 19, 1989, is hereby <br />amended as follows: <br />Section V.E shall read as follows in its entirety: <br />Respondent shall promptly seek the City of Stockton's <br />concurrence with the Final Cap Design. If such concurrence has not <br />been obtained within thirty (30) days of Respondent's receipt of <br />this Second Amendment, Respondent shall, on or before the business <br />day following the end of such 30-day period, inform EPA in writing <br />of such lack of concurrence and the reasons therefor. <br />Within one hundred and twenty (120) days of Respondent's <br />receipt of this Second Amendment, Respondent shall: (a) complete <br />construction of the final cap, (b) file an executed deed <br />restriction with respect to the site in accordance with California <br />Health and Safety Code §25230(a)(1), and (c) prepare a written <br />instrument as described in California Health and Safety Code <br />S25230(a)(2). Such written instrument shall accompany all <br />purchase, lease or rental agreements relating to the site. The <br />deed restriction and written instrument shall be submitted to EPA <br />for review before their filing or use.