James Tumer/R6/USEPA/US 

01/24/2008 09:56 AM 

To "Gentry, Frederick" <fgenlry@littlerock,org> 

cc Shawn Ghose/R6/USEPA/US@EPA, rebamburg@aol.'com 

bcc 

Subject RE: Monitoring at Rogers RoadB) i . 

Mr. Gentry, thanks for your prompt response. I will make the indicated change to the proposed instrument 

and send the revised version back to Mr. Bamburg, so that he can schedule a date with you and your 

mother for execution of the document and then arrange for execution by the City and recording. If you will 

send me a reply to this message by email with your mailing address, I will provide you with a copy of the 

transmittal letter. Take care. 

James L, Turner , 

Senior Attorney 

Office of Regional Counsel (6RC-S) r 

U.S. EPA Region 6 " i 

1445 Ross Avenue, Ste. 1200 

Dallas, Texas 75202-2733 

E-Mail: Turner,James@epa.gov ' 

Ph: (214)665-3159 

Fax:(214)665-6460 

"Gentry," Frederick" <fgentry@littlerock.org> 

9050332 

Iiiii 

"Gentry, Frederick" 

<fgentry@littlerock.org> 

01/24/2008 09:11 AM 

To James Turner/R6/USEPA/US@EPA 

cc Shawn Ghose/R6/USEPA/US@EPA 

Subject RE: Monitoring at Rogers Road 

The proposed language looks fine. If we can get that changed and sent I 

think we can get this resolved very quickly. 

Thanks, 

Frederick Gentry • 

Original Message , 

From: Turner.James@epamail.epa.gov [mailto:Turner.James@epamail.epa.gov] 

Sent: Tuesday, January 15, 2008 5:11 PI^ 

To: Gentry, Frederick 

Cc: rebamburg@aol.com; Ghose.Shawn@epamail.epa.gov; 

Peycke . I^ark@epamail. epa . gov 

Subject: Fw: Monitoring at Rogers Road 

I^r. Gentry, please see-our Remedial Project Manager (RPM) Shawn Ghose's 

comments about contaminants of concern (COCs) in the ground water and 

ground water monitoring, which were taken directly from the. EPA Five 

Year Review for Rogers Road. If you have any other concerns about COCs 

or other technical matters, please contact Mr. Ghose directy at (214) 

002341
665-6782. 

/ 

Additionally, in connection with the language you found objectionable in 

subparagraph 4(f) of the draft easement instrument, I would suggest that 

it be changed as follows: 

Existing Language. 

f) Any industrial or commercial use or other development of the 

Property that would threaten or damage any Site remedial component, such 

as fencing, cap, covers, berms, monitor wells, or pumps, is prohibited. 

Proposed Language. 

f) Site remedial components within or immediately surrounding 

the fenced area of the Property shown in Exhibit C hereto (e.g., 

fencing, cap, covers, berms, and pumps), or monitor wells within any 

area of the property, shall not be moved, removed, altered, adjusted, 

damaged, or tampered with. No changes or modifications to siich 

components or monitor wells shall be made without the express prior 

written approval of the EPA. 

Please contact me via reply email when you have had a chance to review 

the information above. Thanks and take care. 

James L.. Turner 

Senior Attorney 

Office of Regional Counsel (6RC-S) 

U.S. EPA Region 6 

1445 Ross Avenue, Ste. 1200 

Dallas, Texas 75202-2733 -• ' 

E-Mail: Turner.James@epa.gov 

Ph: (214) 665-3159 

Fax: (214) 665-6460 

Forwarded by James Turner/R6/USEPA/US on 01/15/2008 04:56 PM 

Shawn 

Ghose/R6/USEPA/U 

S To 

James Turner/R6/USEPA/US@EPA 

01/14/2008 03:09 cc 

• PM • 

Subject 

Monitoring at Rogers Road 

Operations and maintenance (O&M) at the site consists of site 

inspections to confirm fence integrity, and maintenance, of the soil 

cover. Site inspections show that the fencing is effectively 

preventing access to the site and site groundwater. Groundwater 

monitoring was stopped after 1997 . Because no contaminants of 

concern defined by the Record of Decision were detected in the four 

years of annual groundwater monitoring, the Arkansas Department of 

002342
Environmental Quality recommended discontinuing groundwater 

monitoring. EPA concurred that this recommendation was appropriate 

to implement, once restrictive covenants are in place prohibiting 

groundwater.use on the property. The site was to be deleted from the 

National Priorities List (NPL). The City of Jacksonville was in the. 

process of putting the restrictive covenants in place, pending 

resolution of legal issues associated with title to the remediated 

area. However the necessary resolution of legal issues had dragged on 

until August of 2005. Now the EPA attorney and the City Attorney has 

worked out a deed of easement and declaration of restrictive 

covenants with the United States becoming a third party beneficiary. 

Thus the Deletion can commence as soon'the deed of easement and 

restrictive covenants are in place. 

002343