"Gentry. Frederick" 

<fgentry@littlerock.org> 

01/10/2008 10:13 AM 

•History: 

To James Turner/R6/USEPA/US(a)EPA 

cc 

bcc 

Subject RE: Rogers Road Landfill 

^ This message has been forwarded. . 

Mr. Tuner: 

Thanks for your response. You are correct that Jacksonville City 

Attorney, Bob Bamburg has been handling this matter and I think that we . 

are almost ready to sign the document. There has been some delay in 

getting the answers to my questions which ,is why I have contacted you^ 

directly. Before anything is signed I would like to be very clear on the 

language of the document and getting answers to the most recent 

questions that I raised would satisfy me. 

My main concern is to protect the value of the property and clearly 

understand, what its future use could be. If I can get answers regarding 

the things mentioned in the last two paragraphs of your response that 

would be most helpful. I'm ready to get this dealt with as quickly as 

possible. 

Thanks, . 

Frederick Gentry 

Original Message 

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

Sent: Wednesday, January 09, 2008 4:49 PM 

To: Gentry, Frederick 

Cc:'ghose.shawn@epa.gov; rebamburg@aol.com; Peycke.Mark@epamail.epa.gov 

Subject: Re: Rogers Road Landfill , -

Mr. Gentry, sorry for the delay in responding, but the Christmas and New 

Years holidays, along with a number.of other things going on, have 

delayed my response. I am assuming that you are not represented by 

counsel in this matter, since you wrote me directly. 'If you are 

represented, then please make any further contact directly with Mr. 

Shawn Ghose our RPM, or have your attorney contact me directly. 

> 

Let me start out by saying that based on my contacts and negotiations 

with Bob Bamburg, City Attorney for the City of Jacksonville, over an 

extended period of time, I thought we had reached agreement on this 

matter and the instrument that I sent him in July and again in August 

was ready for execution and recording. The Rogers Road Superfund Site 

is in fact still a National Priorities List (NPL) Superfund Site, so 

.designated by the EPA. The EPA was considering action to have the site 

deleted from the NPL. However, implementation of the easement and. 

restrictive covenants instrument that we have been working on is 

essential to having the Site removed from the NPL, which will not happen 

until that is done and a notice and comment proceeding is then pursued 

through the Federal Register. . 

The information in the prefatory clauses of the instrument that you 

cite, including the statement about groundwater monitoring, were 

9050333 

IIIIII 

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generally taken from the record of decision (ROD) for the site and serve 

to explain the purposes that support the instrument. Normally, 

groundwater monitoring will date from the time of completion of 

construction of the site remedy. However, Mr. Ghose reminded me that 

groundwater monitoring on this site was suspended following the first 

five year review of the remedy in 2001. 

In regard to your comment about about subpara. (f) on page 3 of the 

draft, this was not intended to, nor does it generally prevent, 

development of the main part of the property, but rather development 

that would damage or destroy remedial components like the.site cap, 

fencing, monitor wells, and so forth. I believe at least some some 

monitoring wells are outside the 1.38 acre area. However, I will take 

another look at this provision in light of your comments. 

I will also ask Shawn Ghose to see if he can respond to your technical 

questions about site contamination levels; however, I Can state that my 

understanding is the reason a cap and fencing was required over much of 

the 1.38 acre area was that dioxin (2,3,7,8-TCDD) remained in levels 

under the cap, above that which is acceptable for unrestricted access. 

•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' 

"Gentry, 

Frederick" 

<fgentry@littler To 

.ock.org> James Turner/R6/USEPA/US@EPA 

cc 

12/12/2007 03:29 Shawn Ghose/R6/USEPA/US@EPA 

PM Subject 

Rogers Road Landfill 

Dear Mr. Turner: r 

I am writing you regarding the "Environmental Protection Easement and 

Declaration of Restrictive Covenants" for the Rogers Road Landfill which 

is an approximately 20.296 acre tract of land located on Rogers Road 

near its intersection with Graham Road in Pulaski- County, Arkansas, just 

east of the corporate limits of the City of Jacksonville, Arkansas. 

After reading a draft of the document provided to me by Jacksonville 

City Attorney, Robert Bamburg, I have some questions or concerns which I 

002337
have also spoken with Mr. Ghose about. To make this easy I will list 

those concerns or questions and you can then respond to them. 

1.) On the first page of the document and the third paragraph 

after "witnesseth", it states that there will be groundwater 

monitoring for a period of thirty years. What I would like to know 

is did that thirty years begin upon the installation of the 

monitoring wells? It seems as though it would have, however I 

don't think that it is clear. 

2.) On page three line "f", it completely prohibits industrial 

or commercial development of "The. Property" which would mean the 

entire 20.296 acres. I would like to know how many acres, are not 

actually impacted by the Site remedial plan. We need to know how 

much can and can't be used for certain development. For years it 

has been my understanding that only 1.38 acres which is fenced in 

was under any Site remedial component. This agreement seems to go 

beyond that in some of its descriptions which causes me concern. 

In looking at some of the companies or organizations that have applied 

for the "Ready for Reuse" Program and were given permission to build, it 

seems as though the contamination levels may have been the same if not 

exceeded that of the Rogers Road Landfill. At this point I do not know 

what the contamination levels were in 1990 before the clean up, what 

they were in 1995 after the clean up and'what they might be today. If 

you could provide an answer to that I would greatly appreciate it. We 

may at some point soon sale the property and all of this information 

would be helpful. 

Thanks, 

Frederick Gentry , • 

Assistant to the Board of Directors 

City of Little Rock 

371-6801 

500 West Markham 

Room 2 03 . ' 

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