James Turner/R6/USEPA/US 

11/16/2006 05:45 PM 

To Rebamburg@aol.com 

cc Shawn Ghose/R6/USEPA/US@EPA 

bcc 

Subject Fw: Rogers Road Site Property Description 

PRIVILEGED AND CONFIDENTIAL 

Bob, just following up with you on this easement/restnctive covenants matter. I tried to call you this ^ 

afternoon but you were on the phone with someone else. We need the materials noted below, the 

additional survey and the description of present uses of the site, so that we can move forward, I believe 

that we will want to use both of the site property descriptions with a grant that is pretty restrictive as to the 

1.63 acre site, but is much less restricted as to the larger parcel, mainly dealing with ground water use. I 

will be out of the office for two weeks, so if you would forward these materials to Ghose.Shawn@epa.gov, 

who is the site remedial project manager, (copy to me: Turner.James@epa.gov) that would be fine. Then 

we can discuss upon my return to the office. Thanks and take cape. 

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 

Forwardedby James Turner/R6/USEPA/US on 11/16/2006 05:35 PM— -

James Turner/R6/USEPA/US 

10/31/2006 05:10 PM . To Rebamburg@aol.com 

cc Shawn Ghose/R6/USEPA/US@EPA 

Subject Fw: Rogers Road Site Property Description 

PRIVILEGED AND CONFIDENTIAL 

Bob, I would also like the legal description on the 1.63 acre fenced landfill area. 

Thanks. 

See memo below. 

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 

Fonwarded by James Turner/R6/USEPA/US on 10/31/2006 05:05 PM —-

James Turner/R6/USEPA/US 

10/30/2006 03:43 PM '^°. Rebamburg@aol.com 

9050341 

II 

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10/30/2006 03:43 PM cc Shawn Ghose/R6/USEPA/US@EPA 

Subject Fw: Rogers Road Site Property Description 

PRIVILEGED AND CONFIDENTIAL 

Bob, I have been reviewing our communications from late last year and from this past spring on the 

Rogers Road site, and I would tike to go ahead and get the easement and restrictive covenants document 

finished, executed, and recorded. First, there are some loose ends that we need to clean up, and then 1 

believe we could get this matter rapidly accomplished. 

My last communication to you is attached below as is yours to which it responds. If the new legal 

description that you mention below is for the approx. 1.63 acre fenced part of the Gentry property that was 

the former Rogers Road Landfill, and the property description of the larger 20+ acre encompassing tract is 

accurate as we also believe it is, then I think that we may be able to use both property descriptions in the 

instrument to lessen the burden of the restrictions on the larger tract. 

I don't believe that I need the plat that I mentioned below, unless you have already prepared or located 

one in which case please fax a copy to me at 214.665.6460. If you do not have such a plat, I want to fax 

you a site map drawing that was Figure 5 in the EPA 1990 Record of Decision document and have 

someone from Bond Engineering or your public works or other city department familiar with the property 

draw or superimpose the roughly 20,296 acre Gentry rectangular tract onto the EPA Figure 5 map lo show 

its relationship to the 1.63 acre Rogers Road Landfill fenced area that I have shaded-in on the EPA map. 

It doesn't have to be a precision drawing; we want to have a picture of the coverage of the 20+ acre trad 

via-a-vis the smaller fenced tract 

Also, I would appreciate it if you could email or fax me a copy of the description of current uses of the 

Property that was to be attached as Exhibit B to the instrument, which Mr, Gentry was working on last fall 

and winter. 

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: Tumer.James@epa.gov 

Ph: (214)665-3159 

Fax: (214) 665-6460 

Forwarded by James Turner/R6/USEPA/US on 10/30/2006 02:41 PM 

IgnrtggTurner/R6/USEPA/US 

04/12/2006 03:47 PM 

To Rebamburg@aol.com 

cc Shawn Ghose/R6/USEPA/US@EPA 

Subject Re: Rogers Road Site Property DescriptionQ 

PRIVILEGED AND CONFIDENTIAL 

Do you have a plat, diagram, or map that shows the fenced area of the site in relation to the full Gentry 

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property? If so, would you please send me a copy? If it is 8 1/2 X 11, you could fax it. See address and 

fax number below. Thanks. 

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 

Rebamburg@aol.com 

Rebamburg@aol.com 

04/10/2006 08:20 AM To. James Turner/R6/USEPA/US@EPA 

cc 

Subject Re: Rogers Road Site Property Description 

Jim: 

Sorry, but I didn't get your message or email until this morning, I did get the new legal, and it should 

simplify things. It covers only the portion of the property that is fenced off and was contaminated, for the 

previous description covered the entire property owned by the Gentrys, 

As well. Bond Engineering stated that the "failure to close" of the description that covers the entire parcel 

(over 20 acres) covers only a few inches, which is "within acceptable industry standards" according to one 

of their engineers. Guess it makes no difference given the new legal of the fenced portion will be the 

applicable description for the restrictions. It was my understanding that the property outside of the fence 

was not contaminated, so the only restriction applicable to it would be the groundwater issue, right? 

I'll get the documents revised and forward them to you this week. If any other questions, please let me 

know. 

Sincerely, 

Bob 

City of Jacksonville, Arkansas 

By: Robert E. Bamburg 

City Attorney 

P.O. Box 5913 

Jacksonville, AR 72078 

501-982-6303 (Phone) 

501-982-2280 (Fax) 

rebamburq@aol.com 

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