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UNITED STATES STATES <br />ENVIRONMENTAL PROTECTION AGENCY <br />REGION IX <br />In the matter of ) <br />) <br />Manthey Road Property ) <br />4599 Manthey Road ) <br />French Camp, California ) Third <br />) Amendment to <br />Lyon Communities, Inc., ) Order 89-09 <br />Respondent ) <br />) <br />Proceeding under Section 106 of the ) <br />Comprehensive Environmental Response, ) <br />Compensation and Liability Act of 1980, ) <br />as Amended ) <br /> ) <br />Order No. 89-90, as amended on July 19, 1989 and March 14, <br />1991, is hereby further amended as follows: <br />Section V.E.2 shall read as follows in its entirety: <br />Within one hundred and twenty (120) days of Respondent's <br />receipt of this Second Amendment, Respondent shall: (a) file an <br />executed deed restriction with respect to the site in accordance <br />with California Health and Safety Code §25230(a)(1), and (b) <br />prepare a written instrument as described in California Health and <br />Safety Code §25230(a)(2). Such written instrument shall accompany <br />all 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." <br />A new Section V.E.3 shall be added to the Order and shall read <br />as follows in its entirety: <br />On or before September 18, 1991, Respondent shall <br />commence construction of the final cap. On or before October 18, <br />1991, Respondent shall: (a) determine whether any off-site asbestos <br />contamination exists, (b) transport all such off-site contamination <br />to the Site or to a permissible off-site location, and (c) complete <br />construction of the final cap, which shall cover any off-site <br />contamination moved on to the site."