James Turner/R6/USEPA/US 

01/15/2008 05:11 PM 

To fgentry@littlerock.org ' 

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

bcc 

Mark Peycke 

UtP '-

Subject Fw: Monitoring at Rogers Road 

Mr. 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) 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. 

1) 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 such 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/US 

01/14/2008 03:09 PM ^ ° James Turner/R6/USEPA/US@EPA 

cc 

Subject Monitoring at Rogers Road 

Operations and maintenance (O&M) at the site consists of site inspections to confirm fence 

/ ~~" 

I 9050355 

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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 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.

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