Fourth Five-Year Review Report for

Arkansas City Dump Site Arkansas City, Kansas

USE?/ June 2012

Prepared By: United States Environmental Protection Agency

Region 7 Superfund Division Kansas City, Kansas

Approved by:

Cecilia Tapia, Director Date Superfund Division U.S. EPA Region 7

Table of Contents

List of Abbreviations iii Executive Summary iv Five-Year Summary Form v

I. Introduction 1

II. Site Chronology 2

III. Background 3 Physical Characteristics 3 Land and Resource Use 3 History of Contamination 3 Initial Response 4 Basis for Taking Action 4

IV. Remedial Actions 4 Remedy Selection 4 Remedy Implementation 5 System Operation/Operation and Maintenance 5

V. Progress Since Last Five-year Review 5

VI. Five-year Review Process 6 Administrative Component 6 Document Review 6 Data Review 7 Interviews 7 Site Inspection 7 Community Involvement '. 9

VII. Technical Assessment 9 Technical Evaluation Question A: Is the remedy functioning as intended by the

decision documents? 11 Question B: Are the exposure assumptions, toxicity data, ->

cleanup levels, and remedial action objectives (RAOs) used at the time of the remedy still valid? 12

Question C: Has any other information come to light that could call into question the protectiveness of the remedy? 12

Technical Assessment Summary 12

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VIII. Issues 12 IX. Recommendations and Follow-up Actions 12 X. Protectiveness Statement 12 XI. Next Review 13 XII Photographs 14

Appendices:

Appendix 1 - Site location maps Appendix 2 - Deed Notice ICs Appendix 3 - Cowley County property records Appendix 4 - Site Inspection Checklist Appendix 5 - RA AsBuilts FluorDaniel Appendix 6 - Public Notice

List of Abbreviations:

CERCLA Comprehensive Environmental Response, Compensation and Liability Act EPA U.S. Environmental Protection Agency ESD Explanation of Significant Difference FY Fiscal Year KDHE/BER Kansas Department of Health and Environment/Bureau of Environmental

Remediation NCP National Oil and Hazardous Substances Pollution Contingency Plan NPL National Priority List OU Operable Unit pH Power of hydrogen (negative log base 10 of the hydronium ion concentration) RA Remedial Action RAOs Remedial Action Objectives RCRA Resource Conservation and Recovery Act ROD Record of Decision SARA Superfund Amendment Reauthorization Act SSC State Superfund Contract

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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 7

11201 Renner Boulevard Lenexa, Kansas 66219

JUL 1 2 2013

MEMORANDUM

FROM:

SUBJECT: Arkansas City Dump'Foikth Five-year Review Clarification

Craig W. Smith/p.E./_4 / V Senior Enginee,

TO: Arkansas City Dump Site File

This memorandum is to clarify the Arkansas City Dump Fourth Five-year Review dated June 29, 2012. Subsequent to the completion of the June 2012 document, I met with and requested review and comment on the ACD FYR from the EPA Region 7 Environmental Services Division and Regional Counsel.

Written comments were received from ENSV on December 26, 2012. Of those comments, the human health and ecological risk reviewers had no substantive comments. The hydrogeological reviewer suggested additional groundwater samples be collected every two years. The hydrogeologist comment was discussed with Bill Pedicino on January 28, 2013. Considering that: (1) the 2007 sample results were nondetect for all nonpetroleum related analytes and pH was normal for ambient groundwater, (2) the Kansas Department of Health and Environment has recommended no further action including no additional groundwater monitoring, and (3) the site inspection and detailed technical review yielded no physical changes to the site which would affect groundwater, it was agreed that no additional groundwater monitoring is needed for a protectiveness determination at present. Also, since the waste at this site was the result of the operation of the former Milliken Oil Refinery, almost all of the waste left on-site is subject to the CERCLA petroleum exclusion. Nonetheless, the primary purpose of the ACD Superfund remedial action that was implemented in the 1990s was to neutralize the residual acidic petroleum sludge left on-site after the refinery stopped operation and abandoned the waste. Excess lime was provided to ensure complete neutralization and buffering, therefore, the only nonpetroleum residual constituent was placed by the EPA, and it is monitored by analyzing the pH. The lime would not be considered a hazardous substance unless it failed RCRA characteristic of corrosivity (that is pH greater than 12.5, only in its original, technical-grade product form). Cement kiln dust was also added by the EPA to stiffen the waste, but it is not a hazardous constituent. Based on the 2007 and previous sampling, the groundwater pH is normal, representative of unaffected ambient groundwater.

Since the 2012 site inspection determined that the cover is intact and well maintained and no other engineering or hydrogeological changes have occurred, it was agreed that there is no technical need to or basis for conducting additional groundwater sampling to make a protectiveness determination. However, as a precaution, Superfund will ask the state to consider voluntarily collecting limited groundwater sampling data coincident with future FYRs using available state authority and resources. Mr. Pedicino agreed that there were no significant hydrogeological or other environmental issues at this site, agreed

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II 111 III Superfund

with this evaluation, and agreed to a suggestion to the state to consider voluntary state or local five-year sampling depending on site conditions and other factors. By copy of this memorandum, the agency is asking KDHE to consider that sampling.

A follow-up discussion was conducted with CNSL attorney Bob Richards on January 29, 2013. He confirmed the recommendation in the June 2012 FYR that the state upgrade the institutional control and found no know other legal issues with the site;that need any, action.

One of the other internal EPA reviewers had a question about the Operable Unit designations for this site. The acidic sludge stabilization work—which constituted the final remedy for the site—was conducted as OU2. In the original 1988 OU1 Record of Decision, a different treatment technology was selected for the Remedial Action. When that technology was found to be ineffective, an alternative treatment technology was adopted in the May 25,1990, ROD's Explanation of Significant Differences and implemented as OU2. That OU2 work addressed all the human health and environmental concerns at the site; additional work was not needed and OU2 became the final site-wide ROD. The June 2012 FYR incorrectly stated that the OU1 action was the final site-wide remedy and it should have stated OU2 was the final remedy, consistent with the CERCLIS database entries.

No public comments were received from the public availability of the FYR in the Arkansas City area. Superfund will work with the Office of Public Affairs to publish a notice of availability that the final FYR has been completed.

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Executive Summary

The remedy for the Arkansas City Dump site in Arkansas City, Kansas, called for neutralization and stabilization of acid waste, covering the treated waste with a vegetative cap, and using institutional controls to prevent future disturbance of the waste. The site achieved construction completion on September 8, 1992. The first Five-year Review (5YR) report was signed by the then EPA Superfund Division Director, Michael J. Sanderson, on August 22, 1997. The second 5YR was initiated for completion within five years of the first 5YR and signed by the EPA Superfund Division Director on September 24,2002. The third 5YR was prepared by the Kansas Department of Health and Environment's Bureau of Environmental Remediation, and was approved by Cecilia Tapia, Director, Superfund Division, on July 20, 2007.

The assessment of this fourth 5YR reached similar conclusions as the previous Five-year Reviews. That assessment is that the remedy was constructed in accordance with the requirements of the Record of Decision (ROD). A second ROD was issued to express the determination that the remedy expressed in the ROD for Operable Unit 1 (OU1) was sufficient to provide protectiveness for the entire site and no additional actions were required. Threats relative to CERCLA appear to have been remediated, although refinery-related hazardous waste has been left in place at the site. The site was removed from the National Priorities List (NPL). This document recommends that a fifth 5YR be completed in 2017.

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Five-Year Review Summary Form

SITE IDENTIFICATION

Site Name: Arkansas City Dump

EPA ID: KSD980500789

Region: 7 State: KS

NPL Status: Deleted

City/County: Arkansas City/Cowley

Multiple OUs? Yes

Has the site achieved construction completion? Yes

Lead agency: EPA If "Other Federal Agency" was selected above, enter Agency name: n/a

Author name (Federal or State Project Manager): Craig W. Smith, P.E.CIick here to enter text.

Author affiliation: USEPA Region 7 Superfund Division

Review period: 5/07 5/12 Click here to enter end date.

Date of site inspection: 6/13/12

Type of review: Statutory

Review number: 4

Triggering action date: 9/8/92

Due date (five years after triggering action date): 9/8/12 [4th 5YR]

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Five-Year Review Summary Form (continued)

The table below is for the purpose of the summary form and associated data entry and does not replace the two tables required in Section VIII and IX by the FYR guidance. Instead, data entry in this section should match information in Section VII and IX of the FYR report.

Issues/Recommendations

OU(s) without issues/Recommendations Identified in the Five-Year Review:

OU2 no action ROD

Issues and Recommendations Identified in the Five-Year Review:

OU(s): OU1 Issue Category: Institutional Controls OU(s): OU1

Issue: need upgrade of Deed Notice to EUCCIick here to enter text.

OU(s): OU1

Recommendation: implement State Environmental Use Control

Affect Current Protectiveness

Affect Future Protectiveness

Implementing Party

Oversight Party

Milestone Date

No No EPA/State EPA/State 3/30/13

To add additional issues/recommendations here, copy and paste the above table as many times as necessary to document all issues/recommendations identified in the FYR report.

Protectiveness Statement(s)

Include each individual OU protectiveness determination and statement. If you need to add more protectiveness determinations and statements for additional OUs, copy and paste the table below as many times as necessary to complete for each OU evaluated in the FYR report.

Operable Unit: Protectiveness Determination: Addendum Due Date OU1 Protective (if applicable):

TBD

Protectiveness Statement: Protective

Sitewide Protectiveness Statement (if applicable)

For sites that have achieved construction completion, enter a sitewide protectiveness determination and statement.

Protectiveness Determination: Addendum Due Date (if applicable): Protective TBD

Protectiveness Statement: Protective

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Recommendations and Follow-up Actions:

Hazards related to CERCLA at this site have been remediated within approximately 8 to 10 feet of the surface. There are still remaining hazardous waste issues with the material buried at depths in the northerly area of the site. Any future use of the site should be compatible with the final remedy.

Given the hazardous untreated sludge remaining in place, the EPA recommends ongoing Five-year Reviews. The EPA also recommends that a current title search be performed and that the existing Deed Notice be upgraded to a State Environmental Use Control to satisfy current institutional controls (ICs) criteria.

Protectiveness Statement(s):

QUI protective

The remedy at OU1 is protective of human health and the environment. Al l exposure pathways that could result in unacceptable risks are being controlled.

Sitewide protective

The remedies at the Arkansas City Dump are protective of human health and the environment. All exposure pathways that could result in unacceptable risks are being controlled.

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Arkansas City Dump Superfund Site Arkansas City, Kansas

Fourth Five-year Review Report

I. INTRODUCTION

The purpose of 5 YRs is to determine whether the remedy at a site is protective of human health and the environment. The methods, findings and conclusions of reviews are documented in 5YR reports. In addition, 5YR reports identify issues found during the review, if any, and identify recommendations to address them.

This 5YR report is prepared pursuant to CERCLA § 121 and the National Contingency Plan (NCP). CERCLA § 121 states:

If the President selects a remedial action that results in any hazardous substances, pollutants, or contaminants remaining at the site, the President shall review such remedial action no less often than each five years after the initiation of such remedial action to assure that human health and the environment are being protected by the remedial action being implemented. In addition, if upon such review it is the judgment of the President that action is appropriate at such site in accordance with section [104] or [106], the President shall take or require such action. The President shall report to the Congress a list of facilities for which such review is required, the results of all such reviews.

The EPA interpreted this requirement further in the NCP; 40 CFR § 300.430(f)(4)(ii) states:

If a remedial action is selected that results in hazardous substances, pollutants, or contaminants remaining at the site above levels that allow for unlimited use and unrestricted exposure, the lead agency shall review such action no less often than every five years after the initiation of the selected remedial action.

In coordination with KDHE/BER, the EPA conducted the fourth 5YR of the remedy implemented at the site. This review was conducted by the agency's Superfund Senior Engineer for the site. This report documents the results of the review.

This is the fourth 5YR of the Arkansas City Dump site.

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II. SITE CHRONOLOGY

A chronology of site events is presented below.

Event Date

Milliken Company operated Oil Refinery on site 1916-1925

Fire destroyed much of the refinery 1925

Others continued using the refinery and cracking plant 1925-1931

Unregulated disposal of domestic and solid waste intermittently 1931-1981

Site proposed for NPL 12/30/1982

Final listing on NPL 09/08/1983

First Remedial Investigation completed 04/01/1983

Second Remedial Investigation completed 08/30/1986

Record of Decision OU 1 09/29/1988

Proposed Plan document prepared for OU2 ROD 08/04/1989

Record of Decision OU2 Final Decision 09/21/1989

Remedial Design complete 09/10/1991

Remedial Action commences 09/10/1991

Award of Contract - Start of Remedial Action - Five-year Review trigger 09/10/1991

RA physical construction completed 08/12/1992

Pre-Final Inspection 08/19/1992

Close Out Report signed (Construction Completion Achieved) 09/08/1992

Site Deleted from NPL 03/01/1996

First Five-year Review Completed 08/22/1997

Second Five-year Review Completed 09/24/2002

Third Five-year Review Completed 07/20/07

III. BACKGROUND

Physical Characteristics

The Arkansas City Dump site consists of approximately 200 acres. Only an area of approximately 3 acres required treatment. The site is in the western portion of Arkansas City, Kansas, adjacent to the Arkansas River and Highway 166 (also known as Madison Street). Figures 1 and 2 (Appendix 1, Site location maps) present the location of the site. Arkansas City is a city of about 12,500 residents located in Cowley County. Most of the site and all of the portion where remediation was required is located south of Madison Avenue. A small deposit of sludge that was not acidic and did not require treatment was found immediately north of Madison Street, also adjacent to the river. The parcels that contain the treated sludge are owned by the city of Arkansas City, Mr. and Mrs. Sybrant and Arkansas City Industries. Current legal ownership of critical parcels needs to be clarified.

Land and Resource Use

From 1916 to 1931, the primary use of the site was as an oil refinery and cracking plant. From 1931 to 1981, the site was generally abandoned and the major activity was unregulated dumping of domestic and solid waste. Figure 3 (Appendix 1, Site location maps) presents the general historic features of the site. Some small businesses and light industry have occupied portions of the site, but the remediated waste cells are located in areas of the site that have not been used/disturbed since the Remedial Action completion. Superfund regulated waste was treated during the Remedial Action. Figure 4 (Appendix 1, Site location maps) roughly shows the areas of treated waste. Petroleum products including surface sludge remain at the site, but these are excluded from the regulatory authority of CERCLA. The cells where the acid waste was neutralized, that is, where the remedial action took place, are covered with a vegetative cap and posted with signs.

The acid waste subject to CERCLA authorities has been remediated to a depth of 8 to 10 feet. Untreated acid waste remains at depth in the former north waste pit area. Groundwater was not a CERCLA issue at this site. Petroleum products in soil and groundwater within the site area are present and may be addressed by other authorities.

History of Contamination

The oil refinery operations at the Arkansas City Dump site resulted in two principal waste types. Only one of these waste types was subject to CERCLA regulations; the other relates to petroleum products which are specifically excluded from CERCLA authority. The refining operations generated acidic sludge wastes, which were buried on the site or abandoned at the ground surface. Some of the wastes were acidic enough to be classified as hazardous wastes under the Resource Conservation and Recovery Act (RCRA) because of their low pH exhibiting the characteristic of corrosivity. The Superfund remedial action addressed these types of releases.

Initial Response

Only one response action was undertaken at this site. The original plan was to initiate action to stabilize the acidic sludge under OU1 and develop a final remedy to address all issues at the site under OU2. Once the initial action (OU1) was completed, it was determined that no action would be required for OU2; therefore OU2 was a "no action" ROD.

Basis for Taking Action

The sole basis for taking action at this site under CERCLA authority was that the wastes on site were acidic ' enough to be classified as hazardous wastes under RCRA because of low pH. Direct contact exposure to

soil from the site was associated with risk due to the low pH of the acidic waste at the site. Other risks at the site were attributable to substances which fall under the petroleum exclusion of CERCLA/SARA.

IV. Remedial Actions

Remedy Selection

The remedy for the site was selected in the ROD signed on September 29,1988, by the then EPA Regional Administrator, Morris Kay. An Explanation of Significant Difference (ESD) for the first ROD was implemented to accommodate a technical difficulty in executing the original ROD. This did not affect the remedy or the outcome of the remedy, only the technical and physical means of implementation. A subsequent ROD for the remainder of the site, signed on September 19, 1989, was a no action ROD. The determination that no additional action was required was based on the limited authority under CERCLA/SARA to deal with contaminants designated under the petroleum exclusion. Thus, the OU 1 remedial action is the only action involved with the 5YR. The 1988 ROD did not specify the Remedial Action Objectives (RAO). The remedy included the following components:

• Neutralize acidic sludge to render the sludge nonhazardous.

• Use a technique for neutralizing sludge to minimize or eliminate the release of sulfur dioxide gas.

• Cover treated sludge to prevent any contact with neutralized sludge in case some hazard remains as a result of incomplete neutralization.

• Initiate institutional controls that prohibit actions that would impact the neutralized sludge in the future.

Deed restrictions were selected to prohibit soil excavation and construction of large buildings or other invasive structures on any part of the site still containing materials. Additional study of the remainder of the site to determine if there was other CERCLA waste that required treatment made it prudent to restrict access. The subsequent determination was that there was no other CERCLA waste other than the acidic sludge. This was documented in the 1989 ROD arid confirmed in this review.

Remedy Implementation

This was an EPA fund-lead site. Once the execution of the site-specific State Superfund Contract (SSC) for the site was complete, the action was initiated. The SSC was completed on September 23, 1991, and remedial action began in December 1992. The selected remedy incorporated exposing small portions of the acidic sludge and mixing lime with the sludge to neutralize the sludge, and cement kiln dust to stiffen the sludge. After mixing excavation, storage and redeposition, the sludge was then covered and a new quantity of acidic sludge was exposed for neutralization. This process greatly reduced the amount of sulfur dioxide released to the atmosphere, and thus improved the quality from not only a health perspective but from an aesthetic one as well. Once the acidic sludge was neutralized, a soil cover to allow vegetation was placed over the treated area.

The ICs were implemented in September 1995 and consist of the Declaration of Covenants and Restrictions filed with the Cowley County Register of Deeds (Appendix 2, Deed Notice ICs 9.14.95).

System Operation/Operation and Maintenance

There has been no need for an ongoing operations and maintenance function other than mowing and inspection of the cover. The city of Arkansas City has maintained the site under an agreement with the state of Kansas. The northerly portion of the site cover is maintained by the property lessee/operator Reliable Power Products Group. The ICs are reviewed by the EPA and the state of Kansas at each 5YR.

V. Progress Since Last Five-year Review

The third 5YR was completed in July 2007. The 5YR concluded that the remedy at the site was protective of human health and the environment. There were no issues and recommendations identified that affected protectiveness. Issues at the site were related to solid waste and petroleum contamination. These issues were outside the scope of the CERCLA response.

Since the last 5YR, the vegetative cover remains effective; there is no evidence that there has been any physical change. The original Deed Notices are recorded at the Cowley County Register of Deeds but may not be properly attached to the current property ownership (Appendix 3, Cowley County property records 6.14.12) due to a property transfer from Arkansas City Industries to Mr. and Mrs. Sybrant. No additional activity has been performed at the site. .

In the Third 5YR Report, KDHE made the determination that no CERCLA hazardous substances remain on-site. However substantial quantities of RCRA characteristic waste do remain on-site in the form of untreated acidic refinery waste at and below the groundwater table in the northeastern quadrant of the site. It is also likely that a combination of small quantities of unreacted acidic waste remains corrosive in the treated waste, and that a small quantity of unreacted cement kiln dust (CKD) and unreacted lime which are alkaline bordering on caustic also remain. These wastes do not pose a threat as long as the cover continues to be properly maintained and the ICs preventing disturbance and direct contact remain in place. It is impractical and unnecessary to do any additional sampling and analysis or any additional remedial action work to further treat these wastes.

Therefore, notwithstanding the State's recommendation that 5YRs be discontinued at this site, 5YRs should continue and ICs should remain in place to prevent adverse effects from direct contact or other exposures to the waste, and ICs should be upgraded from deed notices to state environmental use controls.

VI. Five-Year Review Process

Administrative Component

Due to resource limitations, the KDHE referred the Arkansas City Dump site back to the EPA for follow-up action including 5YR decisions and actions. In 2012, the site 5YR was assigned to Superfund Division's Senior Engineer Craig Smith. KDHE/BER was consulted; a file review was conducted, etc., prior to conduct of the site inspection.

Documents Reviewed

. • Final Work Plan for Remedial Action, Fluor Daniel, dated November 13, 1991

• Remedial Implementation Construction Plans; Fluor Daniel, dated January 23, 1992

• Superfund Prefinal Remedial Action Close Out Report, EPA, dated September 8, 1992

• Multiple 1992 EPA Remedial Project Manager trip reports, telephone conversation records, meeting minutes, memos, etc.

• Multiple 1992 Remedial Action Contract, Fluor Daniel job-site correspondence, job-site inspection reports, meeting notes, correspondence, etc.

• Remedial Action Completion Report, Fluor Daniel, 1992

• Superfund Site Close out Report, EPA, dated August 22, 1995

• Previous 5YR reports

• Miscellaneous EPA file documents including correspondence, reports, telephone conversation records, NPL website, etc.

Data Review

No new data has been developed since the last 5YR. Previous file data was reviewed to determine whether there was reason to believe that additional data was required. It was determined that no groundwater data or other data would be collected during this 5YR. Maintenance activities including mowing the grass and maintaining the constructed drainageways and compacted gravel storage/driveway areas are conducted on an ongoing basis by the property owners/operators.

Interviews

The site inspection on June 13, 2012, was preceded by discussions concerning the status and history of the site with KDHE representatives Mr. Randy Brown, Remedial Chief, and Ms. Maura O'Halloran, Professional Geologist.

During the site inspection, Senior Engineer Craig Smith met with and was accompanied by the Assistant Public Works Director for the city of Arkansas Brian Edwards. An exit interview was conducted with the Director of Public Works Mr. Frank Jacobs. During the site inspection on the Reliable Power Products Group property, Mr. Smith and Mr. Edwards were also accompanied by RPPG president Nathan Biddle. Property records were partially reviewed by Mr. Smith at the Cowley County Courthouse in Winfield with the assistance of the County Recorder of Deeds staff person Linda Krause.

Site Inspection

The site inspection was conducted on June 13, 2012. A copy of the 5YR Site Inspection Checklist is attached (Appendix 4, Site Inspection Checklist dated June 13, 2012).

The treated waste exists on two parcels: a southerly parcel of shallow treated waste owned by the City lying south of the drainage culvert/ditch, and a northerly parcel of shallow treated waste underlain by untreated residual acidic waste at and below the water table and lying north of the drainage culvert/ditch (Appendix 5 RA AsBuilts FluorDaniel, November 1992). During the site inspection, the following areas were evaluated: the southerly half of the site which is mowed and maintained by the city; the northerly half of the site which is occupied and used by a small light industry manufacturing natural gas power products for the oil and gas and power industries; the perimeter of the site; the drainageways across and adjacent to the site; the sloped edges of the site; the new walking/biking trail constructed immediately west of the site; etc. No problems such as erosion of sloped perimeters, intrusions of construction (buildings, peers, utilities, etc.) or other problems were found on or near site, i • , '

The president of the RPPG reported that his company leases the property from Mr. James E. Sybrant and Donna L. Sybrant, and that Mr. and Mrs. Sybrant had purchased the property from a previous partnership, Arkansas City Industries. In the review of records at the Cowley County Courthouse, the property transfer from ACI to the Sybrants was identified and the original deed notice was identified from 1993, but it is unclear as to whether the deed notice/restrictions legally and effectively transferred with the property in the recent sale; and hence, whether or not the IC is still in effect and can be expected to be adequate. A title search and IC evaluation should be performed and the agency should consider asking KDHE to upgrade the IC from the existing deed notice to an Environmental Use Control (EUC) under existing modern state statutes.

During the discussion and inspection with the RPPG president, Mr. Smith advised Mr. Biddle that the untreated waste at depths should pose no problem as long as the company does not or others do not build deep structures that would disturb the waste such as heavy machine foundations, piers or pilings for structures, large wind-energy turbine foundations, etc. Mr. Biddle stated that the company has no plans for any such massive or deep intrusive construction. Mr. Smith located and identified permanent Survey Monument 3 on the southeast corner of the northerly parcel roughly centered over the area of untreated waste and showed Mr. Edwards and Mr. Biddle the exact location of the untreated waste within

approximately a 100-foot perimeter of Monument 3 and Monument 2 (approximately 100 feet north) occupying roughly the south easterly quarter of the RPPG site property. Digital photographs were taken and are included in this report below.

Mr. Edwards reported major floods of the Arkansas River in 1998 and 2006, and that the levy was effective in preventing any problems with flooding of the waste site. There is a trafficway floodgate and pumps for Madison Avenue near the site, and in an unlikely event they should fail during a flood, the site would be inundated, but the design of the site and the physical nature of the residual waste should not cause any problems with releases.

Some of the current land uses surrounding the site are a City road maintenance yard and shop to the west; miscellaneous metals scrap yard (A to Z Recycling) to the southwest; the City's water treatment plant lime sludge disposal lagoons and former Milliken refinery residue remnants to the south; vacant, dilapidated, former, light industry to the north; and sparse, light-industrial use to the east. There does not appear to be high development pressure from industry, residential, recreational or other uses that would likely result in land use changes for the hazardous waste site in the foreseeable future. There are many other very desirable brownfields and greenfields areas in the immediate vicinity of Arkansas City that would likely be developed before this area.

It was determined that no additional sampling and analytical work needed to performed to conduct this 5YR.

Community Involvement

A notice was submitted through the EPA's Office of Public Affairs to the local newspaper, The Arkansas City Traveler, which published the notice on approximately June 28, 2012. The community was notified that a 5YR was being conducted for the Arkansas City Dump. A brief description and location of the site, along with work to be performed, was provided. Contact information was provided should any community members wish to obtain more information or participate in the 5YR. A copy of the notice is attached (Appendix 6, Public Notice, Office of Public Affairs).

VII. Technical Assessment

Summary and Conclusion

The purpose of this section is to review and reevaluate the Remedial Action (RA) that was conducted, and to estimate the likelihood that CERCLA hazardous substances or hazardous wastes remain on-site. In the Third 5YR Report, KDHE made the determination that no CERCLA hazardous substances remain on-site. However, substantial quantities of RCRA-characteristic waste do remain on-site in the form of untreated acidic refinery waste at and below the groundwater table in the northeastern quadrant of the site. It is also likely that a combination of small quantities of unreacted acidic waste remains corrosive in the treated waste and small quantities of unreacted cement kiln dust and unreacted lime which are alkaline, bordering on caustic, also remain. These wastes do not pose a threat as long as the cover continues to be properly maintained and the ICs preventing disturbance and direct contact remain in place. It is impractical and unnecessary to do any additional sampling and analysis or any additional remedial action work to further treat these wastes.

Therefore, notwithstanding the State's recommendation that 5YRs be discontinued at this site, 5YRs should continue and ICs should remain in place to prevent adverse effects from direct contact or other exposures to the waste, and ICs should be upgraded from deed notices to state EUCs.

Description of work

Acidic, oil-refinery waste had been disposed of on-site and the RA consisted of a combination of in situ and ex situ stabilization and neutralization of the acidic waste with CKD and lime in a 2:1 ratio. The waste was treated as follows: A contaminated waste layer approximately 7 to 12 inches thick was tested to determine the quantity of lime required to neutralize that waste layer to a target pH of 7 to 9. Sometimes the waste layer had to be loosened by scarifying with a bulldozer or other means. Lime was spread on the contaminated-waste layer to be treated along with an appropriate amount of kiln dust to stiffen the waste material and improve its handling characteristics. The reagents were coarsely premixed in the contaminated-waste layer to depth using a backhoe or blade. For the premixing, the RA contractor used a trackhoe, a backhoe, a motor grader and a scarifying dozer. The finish mixing was with the roadbed tiller. The finish mixing of reagents with the contaminated-waste layer was accomplished with two passes of a "Rex HDS" pulverizer/mixer roadbed tiller (a large, tractor-mounted rototiller) to a depth of 7 to 12 inches. After finish mixing and pH testing, the treated-waste layer was excavated leaving a residual layer of treated material as temporary cover over untreated contaminated waste. The excavated treated waste was stockpiled and allowed to react and stabilize. After treatment and excavation to depth, the treated waste was placed back in the disposal area and covered with a 2-inch gravel marker layer and a 2-foot topsoil cover, and was seeded to establish vegetation. Surface water runoff was managed through grading, storm water drainage conduits and channels and through erosion control via vegetation.

The waste treatment and excavation was conducted in lifts down to 1 foot above the groundwater table approximately 10 feet below ground surface (bgs). In most areas, this was sufficient to reach and treat the visible waste. However, in the north waste pit area in the northeasterly quadrant of the site, waste was found at depths below the water table and was left in place due to the impracticability (mechanical instability) of treatment below the water table. The "as-built" drawings estimate the depth of untreated material to be approximately 10 feet below the bottom of the last treatment zone layer in the excavation over half or more of the north waste area. See drawings: Waste Area Cross Sections As-Builts C07, C08 and C09; and the Limits of Excavation As-Built C01 (Appendix 5 RA AsBuilts FluorDaniel, November 1992). The untreated waste appears in Cross Sections 8, 9, 10 and 11. For ease of future reference this untreated waste exists in the interval from approximately 10 feet to 20 feet bgs within a 100 foot radius of Survey Monuments 2 and 3. The coordinates for Survey Monument 2 are 9643.07N and 11159.93 E; the coordinates for Survey Monument 3 are 9543.06 N and 11160.23 E. Their elevation is approximately 1,071 (see the photographs below).

This waste left in place at depth is expected to exhibit the same original characteristic corrosivity due to low pH, and, therefore, be a RCRA hazardous waste. Since it exists below the groundwater, it may be having some minimal effect on groundwater; however, the earlier groundwater sampling did not indicate any major pH excursions, and the groundwater is contaminated with other non-CERCLA petroleum constituents that are residues from other historic, former petroleum refinery operations and waste disposal. Typically, this waste would not pose any other threat unless deep piers or pilings, or large foundations (for example, heavy industrial plants and machinery, large wind turbines, etc.) required that the waste be

excavated, creating the potential for direct-contact threat. Therefore, as long as the ICs remain in place, there is no finding of unacceptable risk. However, 5YRs should continue to verify that the ICs and cover remain in place.

The RA contractor and the EPA RPM stated that the north pit area contained the most acidic waste on-site, requiring the most lime for neutralization and providing the most heat of reaction during neutralization and evolving the most "steam" (vapor) during treatment. The waste left below the water table would not be expected to naturally attenuate over time to become less acidic and noncorrosive because the mineral acids present do not biodegrade. Also, there is no alkaline component in the groundwater or naturally occurring soil strata sufficient to cause naturally occurring in situ neutralization. Therefore, the acidic waste would be expected to exhibit that hazardous characteristic indefinitely. Should the waste be excavated due to construction or other disturbance in the future, the potential for direct-contact threats to humans and severe corrosion of underground structures, equipment, conduits, etc., could pose a threat; therefore, the ICs should be maintained permanently.

A secondary concern is that the method that was used to neutralize the waste is practical and effective, but imperfect. The components of effective neutralization are: excess reagent, complete mixing/contact, adequate moisture for aqueous dissolution and reaction of the acids (sulfurous acid, H2S03) and bases (calcium hydroxide, CaOH) to form the desired salts (CaS03) and water (H20), and adequate contact time for complete reaction. This exothermic reaction releases heat and water. Neutralization is ideally conducted in a jacketed, cooled batch reactor consisting of a stirred slurry in a tank. As stated above, the backhoes and rototiller hybrid in situ/ex situ method may leave small quantities of unreacted acidic waste and lime that may occur as small pockets of corrosive or caustic material. However, the RA testing reported that most of the treated waste lifts had a residual pH averaging 11+ and so are, on average, definitely are not acidic, but are alkaline and may be caustic (>12.5) if not well mixed as in the test method. Given the limited scope of this concern due to the limited unknown quantity of possibly under-reacted material, the remedy is still considered protective, However, this concern reinforces the need to maintain the soil cover and ICs, and reinforces the need for continued 5YRs.

The agency's IC policy has evolved since the 5YRs were begun, and current policy recommends the use of state EUCs in lieu of simple deed notices that now exist for the site (Appendix 2, Deed Notice ICs, September 9, 1995). Following up on this 5YR, the agency will recommend that the state of Kansas upgrade the ICs to EUCs for the site as soon as practical.

Question A: Is the remedy functioning as intended by the decision documents?

The neutralization of the acid sludge prescribed in the ROD for OU1 was accomplished at the time of the Remedial Action. No additional activity is necessary to treat that contaminant and hazard. The ROD for OU2 called for no additional action. The ICs were established in OU1 until the actions expected to be prescribed in OU2 could be implemented. The ICs are still in place and functioning, but need upgrading. The agency's IC policy has evolved since the 5YRs began, and current policy recommends the use of state EUCs in lieu of simple deed notices that now exist for the site (Deed Notice ICs, September 14, 1995). Following up on this 5YR, the agency will recommend that the state of Kansas upgrade the ICs to EUCs for the site as soon as practical.

There is no opportunity for system optimization as this is not an active remedy.

Question B: Are the exposure assumptions, toxicity data, cleanup levels, and remedial action objectives (RAOs) used at the time of the remedy selection still valid?

There have been no changes in the physical conditions at the site that would affect the protectiveness of the remedy. Nor have there been any changes in the relative standards, exposure pathways, toxicity or other contaminant characteristics that would change the decisions previously made.

The Remedial Action objectives continue to be valid for the site.

Question C: Has any other information come to light that could call into question the protectiveness of the remedy?

There has not been any information that has come to light that would call into question the protectiveness of the remedy for the CERCLA-related contaminants.

Technical Assessment Summary

Based on the data reviewed, the site inspection and interviews, the remedy is functioning as intended in the ROD. There have been no changes to the site that would affect the protectiveness of the remedy. There is no other information that calls into question the protectiveness of the remedy.

VIII. Issues

There are no issues concerning this remedy.

IX. Recommendations and Follow-up Actions

The EPA recommends performing additional, ongoing 5YRs at the site. In addition, the EPA recommends that the State and the property owners retain and upgrade ICs, and continued to maintain the soil/gravel cover at the site.

X. Protectiveness Statement

OU1

The remedy at OU1 is protective of human health and the environment. Al l exposure pathways that could result in unacceptable risks are being controlled.

Sitewide

The remedies at the Arkansas City Dump are protective of human health and the environment. All exposure pathways that could result in unacceptable risks are being controlled.

XI. Next Review

The next 5YR is to be completed approximately five years after the date of this 5YR Report.

XII. Photographs

1 North waste pit and surrounds; gravel parking and driveway, grassy storage area [looking south from Madison Avenue toward the south waste area on the property of Reliable Power Products Group]

14

2 Waste warning sign at north waste pit in foreground; south waste area in the background [looking south toward south waste area]

15

16

4 North waste pit area; core area between Survey Monuments 2 and 3 (at Mr. Edwards) [looking south] South waste area in background

17

18

19

7 Waste warning sign closeup; west of south waste area at toe of slope; waste area berm intact and well-maintained

20

21

APPENDIX 1

I Rock;

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EM—-.s-^rsJMalr?

E«sn

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Site Location iKiniit

. * ^ r nmiMili» J*

ArtJhlas -a-ciip' f

Oklahoma

Map prepared by KDHE

N

A Scale:

Scale in Mllea

Cowley County

FIGURE 1

Site Location Map Five-Year Review

Arkansas City Dump Site Arkansas City, Kansas

Project Manager MO Drawn by: PBJ

Project Manager: MO Drawn by; PBJ '1

I

.Madison AYS. II II H

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a a

w '„o* i q.area"Northern Wasteu

II II ft

t O v. y

kson

3uren Ave.

Polk Ave.

CO

3

Monroe Ave

5 Quincy Ave

Taylor Ave.

V Lincoln Ave,

400 800Feet

Map prepared by KDHE

N

A

LEGEND

LANDMARKS PRESENT M 1MB or 1BS0

/•""v, PAST LOCATION Of STORAGE TANKS

Vf f l PAST LOCATION OP Xlm WASTE DBPOSALHT

AfTEA LACXMQ VEGETATQN

FIGURE 3

Historical Site Features Map Five-Year Review

Arkansas City Dump Site Arkansas City. Kansas

Project Manager. MO Drawn by: PBJ

= _

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APPENDIX 2

\

CITY OF ARKANSAS CITY

CITY MANAGERCurlis B. Freeland

Dave Crawford Environmental Protection Agency 7£6 Minnesota Avenue Kansas City, KS 66101

BOARD OF COMMISSIONERS

Bill Rice, Mayor Ben R. Given*. Commissioner Jerald K. Hooky, Commissioner Jesse A, Kindred. Commissibner Jim D. Ramirez, Commissioner

September 14, 1995

RECEIVED

SEP 1 8 5

Dear Mr. Crawford,

Enclosed please find copies of the Declaration of Covenants and Restrictions for the City of Arkansas City, AC Industries, and Robert White. All of them have been filed with, the Cowley County Register of Deeds.

If you have any questions, please call.

cerely yours,

Curtis Freeland City Manager

CF/nc enc.

P.0.B0X 778 • ARKANSAS CITY, KANSAS 67005 • PHONE (3161441-4400 . FAX (316) 442-1410

-

, „ R*O,0510P«E367 COWLEY COUNTY J STATE OF KANSAS-. SS

COMPARED bii, NUMERICAL. DIRECT.

FILED FOR BECORD AT

SEP i 2 1995 0 0 4 4 7 4 3 D e C | a r a t i ° n o f C o v g n a n t s and Restr ic t ions ^

NANCY C . HORST ^tensas City Industries, Inc. REGISTRATION. REGISTER OF DEEDS

Arkansas City Industries, Inc. hereinafter referred to as "Declarant" hereby submits the real property described below to the provisions of this Declaration and publishes and declares that all of the following terms, conditions, restrictions and obligations shall be deemed to affect and encumber all of the real property described below, shall run with the real property and shall be a burden and a benefit to theDeclarant, its successors and assigns, and to all or any other persons acquiring or owning any interest whatsoever in any portion of the real property described below, and any improvements thereon, and such persons' grantees, successors, heirs, executors, administrators devisees and assigns.

WITNESSETH:

WHEREAS, Declarant is the owner of the following real property located in the City of Arkansas City, Cowley County, Kansas described in Attachment I which is attached and incorporated into this declaration, which real property is hereinafter referred to as "the Premises", and

WHEREAS, the U.S. Environmental Protection Agency EPA and the Kansas Department of Health and Environment KDHE have requested that the City execute a restrictive covenant ensuring that future uses of and activities on the property at the

5Q Premises be conducted in a manner so as to preserve the integrity of the remedial ^[ actions implemented at the Arkansas City Dump Site "Site" by the EPA and to ensure ^ protection of human health, welfare and the environment.

WHEREAS, Declarant hereby grants to the United States and KDHE certain ights and powers to restrict the use of the Premises, as well as to have access to the

tPremises, in accordance with the terms and provisions of this Declaration.

NOW THEREFORE, Declarant hereby states and declares that the following

actions or activities are prohibited and shall not be allowed on the Premises without the

advance written permission of EPA and KDHE;

To remove waste material or hazardous substances left at the Site at the conclusion of EPA's remedial actions at the Site.

To transport to or dispose, abandon, or place waste material, hazardous substances, or solid wastes at the Site.

3. To remove, alter or damage the "No Dumping" signs installed by EPA at the Site.

4. To construct structures, permanent or otherwise, such as buildings through the soil cap installed by EPA as part of the remedial actions at the Site.

Page I of3

~

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Bno 0510pAGE3e8

5. To change or alter drainage or surface water flow patterns onto or from the Site.

6. To cause, by pumping, extracting or injecting water, a drop or rise in the water table of more than 1.0 foot.

7. To extract ground water for domestic use or consumption or. for use in food preparation or handling.

8. To remove or damage elevation monuments or monitoring wells left at the Site by EPA to monitor the continued effectiveness of the remedial actions implemented by EPA.

9. To produce food or crops at the Site for human or animal consumption, or to produce food or crops using water or soil from the Bite for human or animal consumption.

10. To alter, modify or remove the vegetative cover installed at the Site by EPA in the remedial actions.

11. To use herbicides, pesticides, fertilizers, or other agricultural chemicals which are not approved for use by EPA for this site or to use such products in a manner inconsistent with label instructions.

12. To bring heavy equipment vehicles onto the Premises.

IS. To store commercial products or chemicals on the property in quantities other than those which are necessary for the day-to-day operations of any EPA and KDHEapproved occupants, if any.

14. To bring gravel or any small (l-inch or less in diameter) rock onto the site.

NOW THEREFORE,. DECLARANT FURTHER states and declares the following with respect to the Premises:

1. Declarant agrees to provide the United States and KDHE and its representatives, including EPA and its contractors, access at all reasonable tunes to the Premises for the purposes of conducting any activity related to the remedial action implemented by EPA for the site.

2. Declarant shall give at least sixty (60) days written notice to EPA Region YI1 and the KDHE prior to any proposed conveyance of any interest in the Premises, including the name and address, of the grantee, and the date of the proposed conveyance.

Page 2 of 3

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*nr)K051(W369 3. Declarant shall provide in any deed, title, or other instrument of conveyance for the

Premises, a written notice stating that the Premises is subject to this Declaration.

4. Declarant and the United States and KDHE shall have the right to sue for and obtain an injunction, prohibitive or mandatory, to prevent the breach of or to enforce the observance of the provisions set forth above, in addition to any legal

. action for damages, and the costs of such actions, whether injunctive or legal, when incurred, shall be a charge on the Premises and a lien thereon. The failure of Declarant or the United States or KDHE to enforce any of the provisions set forth herein at the time of its violation shall in no event be deemed a waiver of the rights to do so later.

THIS DECLARATION shall continue in full force and effect until such time asa notice of termination of this Declaration, executed by Declarant and an authorized representative of the United States has been filed with the office of the Recqrder of Deeds of Cowley County, Kansas.

IN WITNESS WHEREOF, Arkansas City Industries, Inc. has caused this instrument to be executed this 26th day of June i 1995.

ARKANSAS CITY INDUSTRIES, INC.

Treasurer Title Robert A. Brown

State of Kansas )

County of C o w l e r ' ) SS

On this 2 6 t n day of , 1995, before me, Pamela A. White > a N o t a f y p u b ] i C f a p p e a r e d p e r s o r i a u y

known to me to be the persons who executed the foregoing instrument on behalf of said Arkansas City Industries, Inc. and acknowledged the execution of the same to be the act and deed of said Arkansas City Industries, Inc..

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written.

PAMELA A. WHITE State of Kansas

fotary Public

My commission expires on 3/1/98

nnr,051(W369 Page 3 of 3

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Mo«0510««370

ATTACHMENT I

May 17, 1995

DESCRIPTION - ARK CITY INDUSTRIES:

A tract of land situated in the Northwest Quarter of Section 36, Township 34 South, Range 3 East of the 6th Principal Meridian, Cowley County, Kansas being more particularly described as follows:

Commencing at the Northeast Comer of the Northwest Quarter of Section 36, Township 34 South, Range 3 East of the 6th Principal Meridian, Cowley County, Kansas; thence North 89 degrees, 18 minutes, 00 seconds West along the North Line of said Quarter Section, a distance of 1344.99 feet; thence due South along the West Line of a tract of record filed in Book 408, Page 70 at the Register of Deeds Office, Cowley County Courthouse, a distance of 280.88 feet to the Point of Beginning; thence continuing due South along the West Line of said recorded tract, a^distance of 692.92 feet; thence due West, a distance of 405.00 feet; thence North 00 degrees, 00 minutes 05 seconds East, a distance of 405.00 feet; thence due East, a distance of 154.98 feet; thence due North, a distance of 80.00 feet to a point on the South Line of a tract of record filed in Book 308, Page 91 at the Register of Deeds Office, Cowley County Courthouse; thence South 89 degrees, 17 minutes, 58 seconds East along the South Line of said recorded tract, a distance of 170.01 feet to the Southeast Corner of said recorded tract; thence due North along the East Line of said recorded tract, a distance of 210.00 feet; thence due East, a distance of 80.02 feet to the point of beginning, containing 4.60 Acre(s).

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hi• J.llJJU ..... f. IJ...I ........... , ......08

• ST>Te Of KANSAS .l sg BflO? 0510 PACE 372 COWLEY COUNTY J ** "~

FILED FOR RECORD AT

spite AA SEP 121995 004475

NANCY C HORST^60^31^**0" O I* Covenants and Restrictions REGISTER OF DEEOS

Robert A. White and the Estate of Larry B. White

COMPAREDNUMERICAL DIRECT INDIRECTREGISTRATION

Robert A. White and the Estate of Larry B. White hereinafter referred to as "Declarant" hereby submits the real property described below to the provisions of this Declaration and publishes and declares that all of the following terms, conditions,

. restrictions and obligations shall be deemed to affect and encumber all of the real property described below, shall run with the real property and shall be a burden and a benefit to the Declarant, its successors and assigns, and to all or any other persons acquiring or owning any interest whatsoever in any portion of the real property described below, and any improvements thereon, and such persons' grantees, successors, heirs, executors, administrators devisees and assigns.

WITNESSETH: ,

WHEREAS, Declarant is the owner of the following real property located in the City of Arkansas City, Cowley County, Kansas described in Attachment I which is attached and incorporated into this declaration, which real property is hereinafter referred to-as "the Premises", and

WHEREAS, the U.S. Environmental Protection Agency EPA and the Kansas Department of Health and Environment KDHE have requested that the City execute a restrictive covenant ensuring that future uses of and activities on the property at the Premises be conducted in a manner so as to preserve the integrity of the remedial actions implemented at the Arkansas City Dump Site "Site" by the EPA and to ensure protection of human health, welfare and the environment.

WHEREAS, Declarant hereby grants to the United States and KDHE certain rights and powers to restrict the use of the Premises, as well as to have access to the Premises, in accordance with the terms and provisions of this Declaration.

NOW THEREFORE, Declarant hereby states and declares that the following actions or activities are prohibited and shall not be allowed on the Premises without the advance written permission of EPA and KDHE:

To remove waste material or hazardous substances left at the Site at the conclusion of EPA's remedial actions at the Site.

To transport to or dispose, abandon, or place waste material, hazardous substances, or solid wastes at the Site.. •

To remove, alter or damage the "No Dumping" signs installed by EPA at the Site.

To construct structures, permanent or otherwise, such as buildings through the soil cap installed by EPA as part of the remedial actions at the Site.

(

-

—

BOOX0510PAGE373

5, To change or alter drainage or surface water flow patterns onto or from the Site.

6. To cause, by pumping, extracting or injecting water, a drop or rise in the water table of more than 1.0 foot.

•7. To extract ground water for domestic use' or consumption or for use in food preparation or handling.

8. To remove or damage elevation monuments or monitoring wells left at the Site by EPA to monitor the continued effectiveness of the remedial actions implemented by EPA.

9. To produce food or crops at the Site for human or animal consumption, or to produce food or crops using water or soil from the site for human or animal consumption.

10. To alter, modify or remove the vegetative cover installed at the Site by EPA in the remedial actions.

U. To use herbicides, pesticides, fertilizers, or other agricultural chemicals which are . not approved for use by EPA for this site or to use such products in a manner inconsistent with label instructions.

12. To bring heavy equipment vehicles onto the Premises.

13. To store commercial products or chemicals on the property in quantities other than those which are necessary for the day-to-day operations of any EPA and KDHEapproved occupants, if any.

14. To bring, gravel or any small (1-inch or less in diameter) rock onto the site.

NOW THEREFORE, DECLARANT FURTHER states and declares the following with respect to the Premises:

1. Declarant agrees to provide the United States and KDHE and its representatives, including EPA and its contractors, access at all reasonable times to the Premises for the purposes of conducting any activity related to the remedial action implemented by EPA for the site.

«. Declarant shall give at least sixty (60) days written notice to EPA Region VII and the KDHE prior to any proposed conveyance of any interest in the Premises, including the name and address of the grantee, and the date of the proposed conveyance.

Pares of3

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BnoK(El(W374

3. Declarant shall provide in any deed, title, or other instrument of conveyance for the Premises, a written notice stating that the Premises is subject to this Declaration.

*. Declarant and the United States and KDHE shall have the right to sue for and obtain an injunction, prohibitive or mandatory, to prevent the breach of or to enforce the observance of the provisions set forth above, in addition to any legal action for damages, and the costs of such actions, whether injunctive or legal, when incurred, shall be a charge on the Premises and a lien thereon. The failure of Declarant or the United States or KDHE to enforce any of the provisions set forth herein at the time of its violation shall in no event be deemed a waiver of the rights to do so later.

THIS DECLARATION shall continue in full force and effect until such time as a. notice of termination of this Declaration, executed by Declarant and an authorizedrepresentative of the United States has been filed with the office of the Recorder of Deeds of Cowley County, Kansas.

IN WITNESS WHEREOF, Robert A. Whir* andjthe Estate of Larr^. White has caused this instrument to be executed this ji y Aoay of A i/J^ 1995.

ROBERT A WHITE

ESTATE OF LARRY B. WHITE

Jane/Wiite, Independent Executrix

State of ~tey<*.3 )

County of ~Q.rv-<a ^ ) SS

On this f"*™ day o f , 1995, before me, Co C OLKJO LU-C i, a Notary Public, appeared personally

known to me to be the persons who executed the foregoing instrument on behalf of said Robert A. White and acknowledged the execution of the same to be the act and deed of said Robert A. White.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written.

Notary Public

My commission expires on

A f a r i f P i t h l i r ^*

6noX051(W374 ' Page 3 of3

-

—

—

State of ^ y ^ ^ )

County of T v-vo-wjA- ) SS

On this 7 ^ day of ^ " . ^ , 1995, before me, 6 .1. CoctMnuj^ , a Notary Public, appeared personally

known to me to be the persons who executed the foregoing instrument on behalf of said Estate of Larry B. White and acknowledged the execution of the same to be the act and deed of said Estate of Larry B. White.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my off i c i a l seal the day and year last above written.

S. CCOCANOWSt fetor hUcSHicf Tim Notary Public

My commission expires on

rrfnOi<0510pA6E376

ATTACHMENT I

May 17, 199S

DESCRIPTION - WHITE:

A tract of land situated in the Northwest Quarter of Section 36, Township 34 South, Range 3 East of the 6th Principal Meridian, Cowley County, Kansas being more particularly described as follows:

Commencing at the Northeast Corner of the Northwest Quarter of Section 36, Township 34 South, Range 3 East of the 6th Principal Meridian, Cowley County, Kansas; thence North 89 degrees, 18 minutes, 00 seconds West along the North Line of said Quarter Section, a distance of 1425.01 feet; thence due South, a distance of 281.85 feet to a point on the East Line of a tract of record, filed in Book 308 at Page 91 at the Register of Deeds Office, Cowley County Courthouse and the Point of Beginnirfg; thence continuing due South along the East Line of said recorded tract, a distance of 210.00 feet to the Southeast Corner of said recorded tract; thence North 89 degrees, 17 minutes, 58 seconds West along the South Line of said recorded tract, a distance of 170.01 feet; thence due North, a distance of 87.92 feet; thence due East, a distance of 50.00 feet; thence due North, a distance of 120.00 feet; thence due East, a distance of 120.00 feet to the Point of Beginning containing 0.68 acre(s), more or less.

MOXQ510 WCE 376

w[. •« I A Wt M 1J«1. ! » •

I

I

I

I

Q A R H / Y ENGINEER'S / X In «M / I

E . S M I T H S U R V E Y O R S , P . A .

'

C0viE?cOOTYS } S S BOOf 0510 PAGE 378 FILED FOR RECORD AT

J ' i / P u aiwutm • " *<tTr—C.M NUMERICAL <£

SEP 1 2 1995 0 0 4 4 7 f i e c l a r a t i o n o f Covenants and Restrictions DIRECT / NANCY C. HORST INDIRECT REGISTER OF DEEDS The City of Arkansas City, Kansas REGISTRATION

The City of Arkansas City, Kansas hereinafter referred to as "Declarant" hereby submits the real property described below to the provisions of this Declaration and publishes and declares that all of the following terms, conditions, restrictions and obligations shall be deemed to affect and encumber all of the real property described below, shall run with the real property and shall be a burden and a benefit to the Declarant, its successors and assigns, and to all or any other persons acquiring or owning any interest whatsoever in any portion of the real property described below, and any improvements thereon, and such persons' grantees, successors, heirs, executors, administrators devisees and assigns.

WITNESSETH: .(

WHEREAS, Declarant is the owner of the following real property located in the City of Arkansas City, Cowley County, Kansas described in Attachment I which is attached and incorporated into this declaration, which real property is hereinafter referred to as "the Premises", and

WHEREAS, the U.S. Environmental Protection Agency EPA and the Kansas Department of Health and Environment KDHE have requested that the City execute a restrictive covenant ensuring that future uses of and activities on the property at the Premises be conducted in a manner so as to preserve the integrity of the remedial actions implemented at the Arkansas City Dump Site "Site" by the EPA and to ensure protection of human health, welfare and the environment.

WHEREAS, Declarant hereby grants to the United States and KDHE certain rights and powers to restrict the use of the Premises, as well as to have access to the

0 \ Premises, in accordance with the terms and provisions of this Declaration.

NOW THEREFORE, Declarant hereby states and declares that the following actions or activities are prohibited and shall not be allowed on the Premises without the advance written permission of EPA and KDHE:

I. To remove waste material or hazardous substances left at the Site at the conclusion of EPA's remedial actions at the Site.

To transport to or dispose, abandon, or place waste material, hazardous substances, or solid wastes at the Site,

S. To remove, alter or damage the "No Dumping" signs installed by EPA at the Site.

""^ 4. To construct structures, permanent or otherwise, such as buildings through the soil cap installed by EPA as part of the remedial actions at the Site.

Page 1 of 3

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BftCkQ510 PAGE 379

5. To change or alter drainage or surface water flow patterns onto or from the Site.

6. To cause, by pumping, extracting or injecting water, a drop or rise in the water table of more than 1.0 foot

7. To extract ground water for domestic use or consumption or for use in food preparation or handling.

S. To remove or damage elevation monuments or monitoring wells left at the Site by EPA to monitor the continued effectiveness of the remedial actions implemented by EPA.

9. To produce food or crops at the Site for human or animal consumption, or to produce food or crops using water or soil from the site for human or animal consumption.

10. To alter, modify or remove the vegetative cover installed at the Site by EPA in the remedial actions.

11. TQ use. herbicides, pesticides, fertilizers, or other agricultural chemicals which are not approved for use.by EPA for this site or to use such products in a manner inconsistent with label instructions.

12. To bring heavy equipment vehicles onto the Premises.

13. To store commercial products or chemicals on the property in quantities other than those which are necessary for the day-to-day operations of any EPA and KDHEapproved occupants, if any.

I*. To bring gravel or any small (1-inch or less in diameter) rock onto the site.

NOW THEREFORE, DECLARANT FURTHER states and declares the following with respect to the Premises:

1. Declarant agrees to provide the United States and KDHE and its representatives, including EPA and its contractors, access at all reasonable times to the Premises for the purposes of conducting any activity related to the remedial action implemented by EPA for the site.

2. Declarant shall give at least sixty (60) days written notice to EPA Region VII and the KDHE prior to any proposed conveyance of any interest in the Premises, including the name and address of the grantee, and the date of the proposed conveyance.

»>O„PS10PAEE379

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S. Declarant shall provide in any deed, title, or other instrument of conveyance for the Premises, a written notice stating that the Premises is subject to this Declaration.

+. Declarant and the United States and KDHE shall have the right to sue for and obtain an injunction, prohibitive or mandatory, to prevent the breach of or to enforce the observance of the provisions set forth above, in addition to any legal action for damages, and the costs of such actions, whether injunctive or legal, when incurred, shall be a charge on the Premises and a lien thereon. The failure of Declarant or the United States or KDHE-to enforce any of the provisions set forth herein at the time of its violation shall in no event be deemed a waiver of the rights to do so later.

THIS DECLARATION shall continue in full force and effect until such time as a notice of termination of this Declaration, executed by Declarant and an authorized representative of the United States has been filed with the office of the Recorder of Deeds of Cowley Co unty,.Kansas.

IN WITNESS WHEREOF, The City of Arkansas City, Kansas has caused this instrument to be executed this day of Wvo^. , 1995.

THE CITY OF ARKANSAS CITY, KANSAS

Title S Bill Rice

State of k.An&4s )

County of CcrtoUy ) SS

On this 2. i r ^ day of VYKc^ , 1995, before me, Nancy Grain < a N o t a r y p u b , i C a p p e a r e c j per s o n aiJy

known to me to be the persons who executed the foregoing instrument on behalf of said The City of Arkansas City, Kansas and acknowledged the execution of the same to be the act and deed of said The City of Arkansas City, Kansas.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written.

NANCY GRAIN State of Kansas

MyApptExp. ijiiTlS Notary Public

My commission expires on 2./i-3l<?g-

|

BOOK 05X0 PAGE 381

ATTACHMENT I

May 17, 1995

DESCRIPTION - CITY OF ARKANSAS CITY:

A t r a c t of land situated i n the Northwest Quarter of Section 36, Township 34 South, Range 3 East of the 6th Pri n c i p a l Meridian, Cowley County, Kansas being more p a r t i c u l a r l y described as follows:

Commencing at the Northeast Corner of the Northwest Quarter of Section 36, Township 34 South, Range 3 East of the 6th P r i n c i p a l Meridian, Cowley County, Kansas; thence North 89 degrees, 18 minutes, 00 seconds West, a distance of 1750.00 feet; thenceSouth 00 degrees, 00 minutes, 05 seconds West, a distance of 573.74 feet to a point on the East Line of a tract of record f i l e d i n Book 269, Page 186 at the Register of Deeds Of f i c e , Cowley County Courthouse and the Point of Beginning; thence continuing South 00 degrees, 00 minutes, 05 seconds West along the East l i n e of said recorded t r a c t , a distance of 405.00 feet; thence due West, a distance of 30.01 feet; thence due North, a distance of 405.00 feet; thence due East, a distance of 30.02 feet to the Point of Beginning containing 0.28 acre(s), more or less..

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GARRY E:. SMITH• ENGINEER#/ SURVEYORS, P.A. •A .. '" I ., .......... I .....__ C99 ., .-. I IJ11) HJ...,,.

,.... "'',,.. .....,·, ..... I .... ••• .r ...... I ,, I ,..._ ,,,.

APPENDIX 3

.1 I

BOOK 0774PACE01SO

THIS CONVEYANCE IS FOR THE PURPOSE OF RELEASING SECURITY FOR A DEBT OR OTHER OBLIGATION AND IS EXEMPT FROM THE REQUIREMENTS OF A SALES VALIDATION QUESTIONNAIRE PURSUANT TO K.S.A. 79-1437e(2).

THIS INDENTURE, made July 5, 2006 between the City of Arkansns City, Kansas, a municipal corporation, as Grantor, and the James E. and Donna L. Sybrant Family Trust, as Grantee;

WITNESSETH, that said Grantor, in furtherance of the terms of a certain Lease dated as of August 15, 1996 between Grantor, as lessor, and James E. Sybrant and Donna L. Sybrant, as lessees, and as authorized by a Resolution duly adopted by the governing body of the Grantor, and by these presents does hereby convey to Grantee, its successors and assigns, as requested by lessees, all the following described real estate in Cowley County, Kansas:

Beginning at a point 1750 feet West of the Northeast comer of the Northwest Quarter of Section 36, Township 34 South, Range 3 East of the 6th P.M. and 41.02 feet South of the North line of said quarter section, said point being on the South right-of-way line of U.S. Highway 166; thence East along the South right-of-way line of U.S. Highway 166,'a distance of 325 feet, being 41.85 feet South of the North line of the Northwest Quarter of said Section 36; thence South parallel to the East line of said quarter section, a distance of 450 feet; thence West parallel to the North line of said quarter section, a distance of 325 feet; thence North a distance of450.83 feet to point of beginning;

for the sum of $100.00 and other valuable consideration;.

TO HAVE AND TO HOLD, the premises described, with all and singular the rights, privileges, appurtenances and immunities thereto belonging or in any way appertaining, to Grantee and to its successors and assigns forever; and Grantor hereby covenants that the premises are free and clear of all encumbrances whatsoever, except (a) those to which the title was subject, on the date of conveyance to Grantor, or to which title became subject with Grantee's written consent, or which resulted from any failure of Grantee to perform any of its covenants or obligations under the Lease from Grantor referred to above, (b) taxes and assessments, general and special, if any, and (c) the rights, titles and interests of any party having condemned or attempting to condemn title to, or the use for a limited period of, all or any part of the premises conveyed; and that it will warrant and defend the title to the premises to Grantee and Grantee's successors and assigns forever against the lawful claims and demands of anyone claiming by, through or under it.

SPECIAL WARRANTY DEED

003658

Panes Recorded: i Date Recorded: 7/£5>2M6 11:£8:»1 AM BOOK 0774PA6EO1SO

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SECTION

-CANCELLED APR 1 * 2005 CANCELLED j'JI-! 2 2

QjjLoud-3.

i

2&4QOb i 31 32

? MO \3 3:

17 J/iffw) &nd *MffiUJ

pOfiAteELLEa! JAii 1 8 4 W W

CANCELLED APS 2 3 20E

CANCELLED APR 2 3 2007

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0774W6EO1S1

IN WITNESS WHEREOF, Grantor has executed this deed and affixed its corporate seal on the day and year first above written.

[SEAL]

(^ATTEST: \%\

5j SEAL h i

Michael Cox, City/Clerk

CITY OF ARKANSAS CITY, KANSAS, a municipal corporation

Patrick McDonald, Mayor

STATE OF KANSAS

COUNTY OF COWLEY

) ) SS: )

The foregoing instrument was acknowledged before me this day of July, 2006 by Patrick McDonald, Mayor, and Michael Cox, City Clerk, respectively, of the City of Arkansas City, Kansas, a municipal corporation, on behalf of said corporation.

[SEAM LESLEY SHOOK

utv Notary Public^ Stale of tonus MyAppt. E»pim C\-~X2--07

My appointment expires:

BOOK07?4PAGE0131

BOOK 0774PAGE0182 RELEASE OF LEASE

WHEREAS, the City of Arkansas City, Kansas (the "City") has heretofore entered into a Lease dated as of August 15, 1996 (the "Lease") between the City and James E. Sybrant and Donna L. Sybrant, husband and wife (the "Tenant"), notice of which is recorded in Book 0525 at page 270 in the office of the Cowley County Register of Deeds; and

WHEREAS, the City assigned its interest in the Lease to The Home National Bank of Arkansas City n/k/a Home National Bank (the "Bank"), acting for the City and others for purpose of enforcement of the Tenant's covenants under the Lease; and

WHEREAS, the Tenant has exercised its option to purchase the facility described in the Lease (the "Project") from the City; and

WHEREAS, all of the Tenant's obligations to the City under the Lease have been satisfied;

THEREFORE, the property described in the attached Schedule I is hereby released from any claim of the City and the Bank under the Lease.

ATTEST:

Michael Cox, City Clerk/

CITY OF ARKANSAS CITY, KANSAS, a municipal corporation

Patrick McDonald, Mayor

STATE OF KANSAS

COUNTY OF COWLEY

) ) SS: )

The foregoing instrument was acknowledged before me this $ day of July, 2006 by Patrick McDonald, Mayor, and Michael Cox, City Clerk, respectively, of the City of Arkansas City, Kansas, a municipal corporation, on behalf of said corporation.

[SEAL]

LESLEY SHOOK Notary Public SHI. of Kansas

My appointment expires:

003659 Cmliy County, KS Reqiste

COMPARED NUMERICAL _ _ * L DIRECT * INDIRECT.

Ur of Deeds , MGISTRATION Nancy C. Horst !

B o o h i 7 7 4 P a g e : l d £ Receipt Ii 15319 Total tees: U6.trt Pages Recorded: 3

Date Recorded: 7/25/8*86 U:2S:42 AN

BOOK 0 7 ? 4 PAGE 01S 2

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BOOK 0774PADE01S3 HOME NATIONAL BANK

* idM.Sonall : i'C H "-\:<-h ^ Name: David M. SoKaller -'••'i.-ImT.i^ Title: President

ATTEST:

Name: Z>/**"* / V ^ - O Title: ^fas'^"*-/^**"'**-

STATE OF KANSAS ) ) SS:

COUNTY OF COWLEY )

-teA This instrument was acknowledged before me this day of July, 2006 by David M.

Schaller as president of Home National Bank, Arkansas City, Kansas, a Kansas banking association or corporation.

[SEAL] PHYLLIS BRITTON Notary Public Stale ofKamu

My Appt Expire! J n ?». 30(0

btary Public

My appointment expires: J— S"~ 2, a I <Q date

-2

BOOK 0774BVGEO1S3

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BOOK 0774PA6EO1S4

SCHEDULE I

PROPERTY SUBJECT TO LEASE

The following property acquired by the City of Arkansas City, Kansas (the "Issuer") in connection with the issuance by the City of its Taxable Industrial Revenue Bonds, Series 1996, (Jim Sybrant Warehouse) (the "Series 1996 Bonds"):

(a) The following described real estate in Cowley County, Kansas:

Beginning at a point 1750 feet West of the Northeast comer of the Northwest Quarter of Section 36, Township 34 South, Range 3 East of the 6th P.M. and 41.02 feet South of the North line of said quarter section, said point being on the South right-of-way line of U.S. Highway 166; thence East along the South right-of-way line of U.S. Highway 166, a distance of 325 feet, being 41.85 feet South of the North line of the Northwest Quarter of said Section 36; thence South parallel to the East line of said quarter section, a distance of 450 feet; thence West parallel to the North line of said quarter section, a distance of 325 feet; thence North a distance of 450.83 feet to point of beginning;

said real property constituting the "Land as referred to in the Bond Agreement and the Lease entered into by the Issuer concurrently with the issuance of the Series 1996 Bonds (the "Bond Agreement and the "Lease"), subject to the following ("Permitted Encumbrances"):

(1) Building setback restriction contained in Quit Claim Deed recorded in Deed Book 209, page 24 in the office of the Cowley County Register of Deeds; and

. (2) Declaration of Covenants and Restrictions recorded in Book 510, page 372 in the office of the Cowley County Register of Deeds;

(b) Ail buildings and improvements constructed, located or installed on the Land, all or any portion of the costs of which were paid from the proceeds of the Issuer's Scries 1996 Bonds, and which constitute Improvements as defined in the Bond Agreement, together with any substitutions or replacements therefor, the property described in paragraphs (a) and (b) of this Schedule 1 together constituting the "Project as referred to in the Bond Agreement and the Lease.

BOOK 077 4PAGE01S4

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Register of Deeds Office

Cowley County, Kansas

i Expanded Search Results - Instrument Results Date/Time Instrument Book-Page Recorded Type

Mortgage # # of Pages Parties Legal(s)

Parcel Number

Pin Number

Refers to Consideration Documents) Comments •

; 5/28/1985 8.5O.O0AM D.QCD I QUIT CLAIM 313-403 i DEED

3 GTOR ATCHISON, TOPEKA. PLEASANT VIEW ADDITION OF ARKANSAS CITYAND SANTA FE RAILWAY Block: 9 Lots/Units: 4 9 COMPANY GTEE ARKANSAS CrTY, CITYSec: 36 Twp: 34 Range: 3 Part of the NW Quarter OF

Sec: 36 Twp: 34 Range: 3 Part of the SW Quarter

INSTR #02388

12/19/1986 10:00:00AM D.WD / WARRANTY 318-410 DEED

'4/1/1987 9:44:00AM D.QCD / QUIT CLAIM 319-314 DEED

4/1/1987 9:46.00AM D C O R P / 319-315 CORPORATION

WARRANTY DEED

1/13/1968 9.00:00AM D.WD / WARRANTY 400-191 DEED

1/13/1988 9:02:00AM D WD/WARRANTY 400-192 DEED

1 GTOR FEIST. IRENE G. GTEE FEIST, IRENE G., REVOCABLE TRUST RT BARBOUR TITLE COMPANY

Sec 36 Twp: 34 Range: 3 Part of the NW Quarter

1 GTOR ARKANSAS CITY, crrY OF GTEE MIDWEST WASTE DISPOSAL, INC RT BARBOUR TITLE COMPANY

Sec: 36 Twp: 34 Range: 3 Part of the NW Quarter

1 GTOR MIDWEST WASTE Sec: 36 Twp: 34 Range: 3 Part of the NW Quarter DISPOSAL. INC. GTEE PATTERSON, H. DUANE AND WF H. DARLENE GTEE PATTERSON, H. DARLENE AND HS H. DUANE RT BARBOUR TITLE COMPANY

1 GTOR MASON, IYLA M. GTEE WARD. DEEANN E., DONALD L. GTEE WARD, DONALD L, DEEANN E.

ORIGINAL TOWN ADDITION OF ARKANSAS CITYBlock: 74 Lots/Units: 5 5

ORIGINAL TOWN ADDITION OF ARKANSAS CrTYBlock: 74 Lots/Units: 6 6

Sec: 36 Twp: 34 Range: 3 Part of the NW Quarter

ORIGINAL TOWN ADDITION OF ARKANSAS CITYBlock: 74 Lots/Units: 7 -7

ORIGINAL TOWN ADDITION OF ARKANSAS CrTYBlock: 74 Lots/Units: 8 - 8

[more details available]

GTOR WARD, DONALD L AND WF DEEANN E. GTOR WARD, DEEANN E. AND HS DONALD L. GTEE MASON OIL, INC.

ORIGINAL TOWN ADDITION OF ARKANSAS CITYBlock: 74 Lots/Units: 5 - 5

ORIGINAL TOWN ADDITION OF ARKANSAS CITYBlock: 74 Lots/Units: 6 - 6

Sec: 36 Twp: 34 Range: 3 Part of the NW Quarter

ORIGINAL TOWN ADDITION OF ARKANSAS CrTYBlock: 74 Lots/Units: 7 - 7

ORIGINAL TOWN ADDITION OF ARKANSAS CITYBlock 74 Lots/Units: 8 8

INSTR #013247

INSTR #014981

INSTR #014982

TRACT IN NE CORNER OF THE NW 1/4 000110

TRACT IN NW 1/4 000111

[more details available]

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Register of Deeds Office

Cowley County, Kansas

Date/Time Instrument Book-Page Mortgage # # of Parcel Pin Refers to i Recorded Type Pages Parties Legal(s) Number Number . Consideration Documents) Comments

Expanded Search Results - Instrument Results

8/17/1988 9:54 00AM O.ASGT/ ASSIGNMENT OF

OIL AND GAS LEASE

407-742

8/19/1988 9:02:00AM J.DEAT/DEATH 408-50 CERTIFICATE

18/19/1988 9:56:00AM MPREL/PARTIAL 408-67 i RELEASE OF

MORTGAGE

i 8/19/1988 9:58:00AM D CORP / 408-70 CORPORATION

WARRANTY DEED

8/19/1988 1.00:00AM M.MTG / MORTGAGE 408-71

12/5/1988 9:02.00AM O.LSE/OILAND 412-309 GAS LEASE

12/7/1988 9:00:00AM D.WD / WARRANTY 412-368 | DEED

LSOR PREST, JOHN M. LSEE PREST, JOHN M. REVOCABLE TRUST

Sec: 26 Twp: 33 Range: 5 Part of the NE Quarter

HOME ACRES TRACTS OF BOLTON TOWNSHIPLots/Units: 1 1

Sec: 26 Twp: 33 Range: 5 Part of the SE Quarter

HOME ACRES TRACTS OF BOLTON TOWNSHIPLots/Units: 1 1

Sec: 25 Twp: 33 Range: 5 Part of the NW Quarter

[more details available]

1 GTOR KANSAS DEPARTMENT OF HEALTH GTEE ROBERTSON, BETTIE LOUISE

Sec: 36 Twp: 34 Range: 3 Part of the NW Quarter

1 MGOR CITICORP NORTH AMERICA INC. MGEE RIBLET PRODUCTS CORPORATION RT BARBOUR TITLE COMPANY

1 GTOR RIBLET PRODUCTS CORPORATION GTEE HAYS, TIMOTHY M. RT BARBOUR TITLE COMPANY

Sec: 36 Twp: 34 Range: 3 Part of the NW Quarter

Sec: 36 Twp: 34 Range: 3 Part of the NW Quarter

Sec: 36 Twp: 34 Range: 3 Part of the NW Quarter MGOR HAYS, TIMOTHY M. D/B/A HAYS SIGN COMPANY MGOR HAYS SIGN COMPANY MGEE HOME NATIONAL BANK RT-BARBOUR TITLE COMPANY

LSOR MYERS, G. MARC, Sec: 35 Twp: 34 Range: 3TRUSTEE LSOR DUNCAN, MARY LOU. Sec: 36 Twp: 34 Range: 3TRUSTEE LSOR DANKERT, BARBARA JANE, TRUSTEE LSOR BRAZIL, HARRIETT, TRUSTEE LSEE SMITH. RICHARO D.

Part of the NE Quarter

Part of the NW Quarter

GTOR ROBERTSON, JAMES Sec: 36 Twp: 34 Range: 3 Part of the NW Quarter H. AND WF NORA EVA GTOR ROBERTSON, NORA EVA AND HS JAMES H. GTEE ROBERTSON, JAMES H. AND WF NORA EVA GTEE ROBERTSON, NORA EVA AND HS JAMES H. •

003588 S1/2 NE1/4 & N1J2 SE1/4 26-33-5 S1/2 N2/3RDS NE1/4 9-34-3; NE1/4 NE/14 26-33-5 N1/2 SE1/4 16-33-4; W1/2 SW1/4 22-34-3 N1/2 NE1/4 & WEST 25 ACRES SW1/4 NE/14 22-33-5 E1/2 NE1/4 7-33-6; E2/3RDS NE1/4 3-33-5 W1/2 NE1/4 & SE1/4 NW1/4 31-32-6 E1/2 [more details available]

A TRACT IN 003635

TRACT IN NW1/4 003645

TRACT IN NW1/4 003646

« 508-205 [M.REL] .

TRACT IN NW1/4 003647

TRACT IN THE NE 1/4 35 34-3 TRACT IN THE NW 1/4 36 34-3 005459

TRACT IN THE NW 1/4 005501

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Register of Deeds Office

Cowley County, Kansas

Expanded Search Results - Instrument Results Date/Tims Recorded

Instrument Type

Book-Page Mortgage # ft of Pages Parties Legal(s)

Parcel Number

Pin Number

Refers to Consideration Documents) Comments

12/14/1988 9:56:00AM M.MTG / MORTGAGE 412-564

5/12/1989 9:12:00AM M.MTG / MORTGAGE 417-554

6/2/1989 10:46:00AM D C O R P / CORPORATION

WARRANTY DEED

418-334

6/2/1989 10:48:00AM M.MTG / MORTGAGE 418-335

1 MGOR HAYS, TIMOTHY M. Sec: 36 Twp: 34 Range: 3 Part of the NW Quarter DBA

MGOR HAYS SIGN COMPANY MGEE HOME NATIONAL BANK RT -BARBOUR TITLE COMPANY

MGOR STEPHENSON, Sec: 36 Twp: 34 Range: 3 Part of the NW Quarter ENOCH F. AND WF SYLVIA M. MGOR STEPHENSON, SYLVIA M AND HS ENOCH F. MGEE HOME NATIONAL BANK RT BARBOUR TITLE COMPANY

1 GTOR SKYLINE CORPORATION GTEE SYBRANT. JAMES E. AND WF DONNA L GTEE SYBRANT, DONNA L AND HS JAMES E. RT BARBOUR TITLE COMPANY

Sec: 36 Twp: 34 Range: 3 Part of the NW Quarter

1 MGOR SYBRANT, JAMES E. Sec: 36 Twp: 34 Range: 3 Part of the NW Quarter AND WF DONNA L. MGOR SYBRANT, DONNA L. AND HS JAMES E. MGEE HOME NATIONAL BANK RT BARBOUR TITLE COMPANY

« 508-206 [M.REL]

TRACT IN THE NW 1/4 005612

« 570-536 TRACT IN THE NW 1/4 [M.REL] 007765

TRACT IN THE NW 1/4 008075

TRACT IN THE NW 1/4 008076

6/8/1990 11:08:00AM M.REL / MORTGAGE 432-751 RELEASE

6/27/1990 9:22:00AM J.POA / POWER OF 433-460 ATTORNEY

9/21/1990 9:16:00AM D.WD / WARRANTY 437-480 i DEED

6/13/1991 2:35:00PM D.WD / WARRANTY DEED

447-54

Sec: 36 Twp: 34 Range: 3 Part of the NW Quarter 1 MGOR HOME NATIONAL BANK MGEE WINEINGER. LESLIE AND WF LOLA MGEE WINEINGER, LOLA AND HS LESLIE RT BARBOUR TITLE COMPANY

1 GTOR WINEINGER LESLIE Sec: 36 Twp: 34 Range: 3 Part of the NW Quarter E. GTEE HILL, JACK RT BARBOUR TITLE COMPANY

1 GTOR TIDWELL. DONALD J. Sec: 36 Twp: 34 Range: 3 Part of the NW Quarter GTEE ANDREWS; NILA M.

GTOR SYBRANT, JAMES E. Sec: 36 Twp: 34 Range: 3 Part of the NW Quarter AND WF DONNA L GTOR SYBRANT, DONNA L AND HS JAMES E. GTEE WALDECK, JAMES L AND WF EDITH L. GTEE WALDECK. EDITH L. AND HS JAMES L.

TRACT IN THE NW 1/4 014210

TRACT IN THE NW 1/4 014536

TRACTS IN THE NW 1/4 36-34-3 016368

TRACT IN THE NW 1/4 020695

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Register of Deeds Office

Cowley County, Kansas

Date/Time Instrument Book-Page Mortgage U U of Parcel Pin Refer* to Recorded Type Pages Parties Legal(s) Number Number Consideration Documents) Comments

Expanded Search Results - Instrument Results

7/31/1991 9:34:00AM M PREL / PARTIAL 448-652 RELEASE OF MORTGAGE

1 MGOR HOME NATIONAL Sec: 36 Twp. 34 Range: 3 Part of the NW Quarter BANK MGEE SYBRANT, JAMES E. AND WF DONNA L MGEE SYBRANT, DONNA L. AND HS JAMES E. RT-BARBOUR TITLE COMPANY

9/25/1991 9:54:00AM D OCD / QUrT CLAIM 450-659 DEED

GTOR MORGAN, PATRICIA Sec: 36 Twp: 34 Range: 3 Part of the NW Quarter ANN AND HS MICHAEL L. GTOR MORGAN, MICHAEL L. AND WF PATRICIA ANN GTEE-FEIST, IRENE G., TRUSTEE GTEE HOME NATIONAL BANK, TRUSTEE RT BARBOUR TITLE COMPANY

11/4/1991 10:02:00AM D.TRUS / TRUSTEES 452-164 DEED

GTOR HOME NATIONAL BANK, TRUSTEE GTEE WALDECK, JAMES L. AND WF EDITH L GTEE WALDECK, EDITH L. AND HS JAMES L. RT BARBOUR TITLE COMPANY

Sec: 36 Twp: 34 Range: 3 Part of the NW Quarter

4/22/1992 2:00:00PM M.ASGT / 459-12 ASSIGNMENT OF

MORTGAGE

MGOR CITICORP NORTH AMERICA INC. MGEE TRANSAMERICA BUSINESS CREDIT CORPORATION

Sec: 36 Twp: 34 Range: 3 Part of the NW Quarter

19/28/1992 9:14:00AM D.WD / WARRANTY 465-217 DEED

GTOR ANDREWS, JAMES G. Sec: 36 Twp: 34 Range: 3 Part of the NW Quarter AND WF NILA M. GTOR ANDREWS, NILA M. AND HS JAMES G. GTEE MCGEHEE, ERMAJ.

11/2/1992 9:00:00AM D.ADM / 466-688 ADMINISTRATORS

DEED

GTOR ANDREWS, BRENT A , Set 36 Twp: 34 Range: 3 Part of the NW Quarter COADMINISTRATOR GTOR ANDREWS, STEVEN R.. CO-ADMINISTRATOR GTEE RAWSON. DAVID AND WF ADA F. GTEE RAWSON, ADA F. AND HS DAVID

11/3/1992 9:04:00AM D.QCD / QUIT CLAIM 466-759 DEED

GTOR ANDREWS, BRENT A . Sec: 36 Twp: 34 Range: 3 Part of the NW Quarter CO-ADMINISTRATOR GTOR ANDREWS, STEVEN R., CO-ADMINISTRATOR GTEE MCGEHEE, ERMA J.

4/14/1993 9:06:00AM D.QCD / QUIT CLAIM 472-568 I DEED

GTOR ATCHINSON. TOPEKASec: 36 Twp: 34 Range: 3 • AND SANTA FE RAILWAY COMPANY Sec: 36 Twp: 34 Range: 3 • GTEE WALDECK OIL AND FERTILIZER COMPANY

Part of the NW Quarter

Part of the SW Quarter

TRACT IN THE NW 1/4 PARTIAL RELEASES BOOK 418 PAGE 335 021411

TRACTS IN NW 1/4 022292

TRACT IN THE NW 1/4 022885

TRACT IN THE NW 1/4 ASSIGNMENT OF BOOK 360 PAGE 10 025627

N 1/2 OF A TRACT IN THE NW 1/4 028184

TRACT IN THE NW 1/4 028820

TRACT IN THE NW 1/4 028855

PART OF W 1/2 36-34-3 031295

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Register of Deeds Office

Cowley County, Kansas

i Expanded Search Results - Instrument Results Date/Time Recorded

Instrument Type

Book-Page Mortgage tf # of Pages Parties Legal(s)

Parcel Number

Pin Number

Refers to Consideration Document's) Comments

,4/21/1993 9:46:00AM M.REL / MORTGAGE RELEASE

5/7/1993 9:08:00AM J.DEAT/DEATH CERTIFICATE

473-620

1 5/25/1993 9:16:00AM D.QCD / QUIT CLAIM 0EED

9/2671993 9:02:00AM J.ORNC / ORDINANCES

2/7/1994 11:10:00AM D.WD / WARRANTY DEED

485-677

MGOR UNION STATE BANK Sec: 36 Twp: 34 Range: 3 Part of the NW Quarter MGEE PATTERSON, H. DUANE AND WF H. DARLENE MGEE PATTERSON. H. DARLENE AND HS H. DUANE RT BARBOUR TITLE COMPANY

GTOR KANSAS DEPARTMENT OF HEALTH GTOR AUSTIN, NORMAN VIRGIL

1 GTOR AUSTIN, FLOY B. GTOR-AUSTIN, MAX J. GTOR-AUSTIN, ALAN L. GTOR GRAY, ANN M. AND HS W. JOE GTOR GRAY. W. JOE AND WF ANN M. GTEE AUSTIN. MAX J. GTEE-AUSTIN, ALAN L.

SMITH ADDITION OF ARKANSAS CITY Block: 2 Lots/Units: 3 3

SMITH ADDITION OF ARKANSAS CrTY Block: 2 Lots/Unils: 4 4

Sec: 36 Twp: 34 Range: 3 Part of the NW Quarter

SMITH ADDITION OF ARKANSAS CITY Block: 2 Lots/Units: 5 - 5

SMITH ADDITION OF ARKANSAS CITY Block: 2 Lots/Units: 6 - 6

[mcc derails available]

Sec: 36 Twp: 34 Range: 3 Part of the NW Quarter

GTOR ARKANSAS CITY. CITY OF GTEE IN RE: SPECIAL ASSESSMENTS

ORIGINAL TOWN ADDmON OF ARKANSAS CrTYBlock: 19 Lots/Units: 6 - 6

ORIGINAL TOWN ADDITION OF ARKANSAS CITYBlock: 19Lots/Units: 7 -7

Sec: 36 Twp: 34 Range: 3 Part of the NW Quarter

SOUTH SIDE ADDITION OF ARKANSAS CITY BlockSi Lots/Units: 17 -17

SOUTH SIDE ADDITION OF ARKANSAS CITY Block: 31 Lots/Units: 18 -18

[more details available)

GTOR PATTERSON, H. DUANE AND WF H. DARLENE GTOR PATTERSON, H. DARLENE AND HS H. DUANE GTEE HILL, JACKIE L. AND WF BILL1E E. GTEE HILL, BILLIE E. AND HS JACKIE L.

Sec: 36 Twp: 34 Range: 3 Part of the NW Quarter

TRACT IN THE NW 1/4 RELEASES BOOK 361 PAGE 468 031434

W36 L3&4 & W42 L5-8 &L9SS50*L10;&TR IN NW1/4 36-34-3 031696

TRACTS IN THE NW 1/4 032059

ORDINANCE NO. 93-09-3601 034167

TRACT IN THE NW 1/4

Printed On: 6/14/2012 11:37:58AM Page 5 of 12

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Register of Deeds Office

Cowley County, Kansas

Expanded Search Results - Instrument Results Date/Time

| . Rocc-rded Instrument

Type Book-Page Mortgage # U of

Pages Parties Legal(s) Parcel Number

Pin Number

Refers to Consideration Document's) Comments

j 671/1994 9:20:00AM D.WD / WARRANTY DEED

493-412 1 GTOR ROBERTSON, JAMES Sec: 36 Twp: 34 Range: 3H. AND WF NORA EVA BY

Pan of the NW Quarter TRACT IN THE NW 1/4

GTOR ROBERTSON, NORA EVA AND HS JAMES H. BY A-l-F GTEE DANIELS, ROY L. GTEE GILLESPIE, KATHRYN M.

GTOR ROBERTSON, NORA EVA AND HS JAMES H. BY A-l-F GTEE DANIELS, ROY L. GTEE GILLESPIE, KATHRYN M.

7/2671995'10:40:00AM M.REL / MORTGAGE RELEASE

508-205 X 1 MGOR HOME NATIONAL, BANK MGEE HAYS, TIMOTHY M. DBA MGEE HAYS SIGN COMPANY RT BARBOUR TrTLE COMPANY

Sec: 36 Twp: 34 Range: 3 Part of the NW Quarter • 408-71 [M.MTG]

TRACT IN THE NW 1/4

7/26/1995 10:42:00AM M.REL/MORTGAGE RELEASE

508-206 X 1 MGOR HOME NATIONAL BANK MGEE HAYS, TIMOTHY M. DBA MGEE HAYS SIGN COMPANY RT BARBOUR TrTLE COMPANY

Sec: 36 Twp: 34 Range: 3 Part of the NW Quarter » 412-564 [M.MTG]

TRACT IN THE NW 1/4

9/12/1995 2:40:00PM J.REST/ RESTRICTIVE COVENANTS

510-367 5 GTOR ARKANSAS CITY INDUSTRIES, INC. GTEE PUBLIC

Sec: 36 Twp: 34 Range: 3 Part of the NW Quarter TRACT IN THE NW 1/4

,9/12/1995 2:42:00PM J.REST/ RESTRICTIVE COVENANTS

510-372 6 GTOR WHITE, LARRY B., ESTATE OF GTEE PUBLIC

Sec: 36 Twp: 34 Range: 3 Part of the NW Quarter TRACT IN THE NW 1/4

•9/12/1995 2:44:00PM J.REST/ RESTRICTIVE COVENANTS

510-378 5 GTOR ARKANSAS CITY, CITY OF GTEE PUBLIC

Sec: 36 Twp: 34 Range: 3 Part of the NW Quarter TRACT IN THE NW 1/4

9/18/1995 8:30:00AM D.WD / WARRANTY 510-554 1 GTOR DANIELS, ROY L. AND Sec: 36 Twp: 34 Range: 3 Part of the NW Quarter c 511-461 TRACT IN THE NW 1/4 DEED WF KIMBERLY A [D.WD]

GTOR DANIELS, KIMBERLY A. AND HS ROY L GTOR GILLESPIE, KATHRYN M. AND HS FRANK GTOR GILLESPIE. FRANK AND WF KATHRYN M. GTEE GILLESPIE. KATHRYN M. GTEE ZELLMER. JOHN A

10/5/1995 10:15:00AM D.WD / WARRANTY 511-461 X 1 GTOR DANIELS, ROY L. AND Sec: 36 Twp: 34 Range: 3 Part of the NW Quarter .510-554 TRACT IN THE Nw7/4 DEED WF KIMBERLY A [D WD]

GTOR DANIELS, KIMBERLY A AND HS ROY L. GTOR GILLESPIE, KATHRYN M. AND HS FRANK GTOR-GILLESPIE. FRANK AND WF KATHRYN M. GTEE GILLESPIE, KATHRYN M. GTEE ZELLMER, JOHN A.

Printed On: 6/14/2012 11:37:58AM Page 6 of 12

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Register of Deeds Office Cowley County, Kansas

Expanded Search Results - Instrument Results Date/Time Recorded

Instrument Type

Book-Page Mortgage # # of Pages Parties Legal(s)

Parcel Number

Pin Refers to Number Consideration Documents) Comments

: 6/11/1996 10:40:00AM D.WD / WARRANTY DEED

GTOR WINEINGER, LESLIE Sec 36 Twp-. 34 Range-. 3 Part of the NW Quarter BY A-l-F AND WF LOLA GTOR WINEINGER, LOLA AND HS LESLIE BY A-l-F GTEE RAWSON, DAVID AND WF ADA FARRINGER GTEE RAWSON, ADA FARRINGER AND HS DAVID

; 6730/1996 2:50:00PM J.RLSE / RELEASE . OF LEASE

GTOR KINRO, INC. GTEE WHrTE, JANE W. GTEE WHITE, ROBERT A RT BARBOUR TITLE COMPANY

Sec: 36 Twp: 34 Range: 3 Part of the NW Quarter

TRACT IN THE NW 1/4

TRACT IN THE NW 1/4

-6730/1996 2:52:00PM D.DEED/DEED GTOR-WHITE. JANE GTOR-WHITE, JANE, EXECUTRIX GTEE DREW WAREHOUSES RT BARBOUR TITLE COMPANY

Sec: 36 Twp: 34 Range: 3 Part of trie NW Quarter

8/30/1996 2:53:00PM D.WD / WARRANTY DEED

525-267 GTOR DREW WAREHOUSESSec: 36 Twp: 34 Range: 3 Part of the NW Quarter GTEE ARKANSAS CITY, CITY OF RT BARBOUR TITLE COMPANY

8/30/1996 2:55:00PM J.NOT/NOTICE GTOR ARKANSAS CITY. CITY OF GTEE-PUBLIC RT BARBOUR TITLE COMPANY

Sec: 36 Twp: 34 Range: 3 Part of the NW Quarter

9/3/1996 10:36:00AM O.ASGT/ ASSIGNMENT OF

OIL AND GAS LEASE

GTOR ARKANSAS CITY, CITY OF GTEE HOME NATIONAL BANK RT BARBOUR TITLE COMPANY

Sec: 36 Twp: 34 Range: 3 Part of the NW Quarter

, 9/3/1996 10:44:00AM M.PREL/ PARTIAL RELEASE OF MORTGAGE

525-354 MGOR KINRO, INC. MGEE WHITE, ROBERT A MGEE WHITE, LARRY B. RT BARBOUR TrTLE COMPANY

Sec: 36 Twp: 34 Range: 3 Part of the NW Quarter

7/18/1997 8:52:00AM D CORP / CORPORATION

WARRANTY DEED

GTOR MASON OIL, INC. GTEE GRIMES, STEVEN S.

Sec: 36 Twp: 34 Range: 3 Part of the NW Quarter

7/1671997 8:54:00AM M.MTG / MORTGAGE 537-70 2 MGOR GRIMES, STEVEN S. Sec: 36 Twp: 34 Range 3 Part of the NW Quarter MGEE MASON OIL, INC.

TRACT IN THE NW 1/4

TRACT IN THE NW 1/4

TRACT IN THE NW 1/4

TRACT IN THE NW 1/4

TRACT IN THE NW1/4

TRACT IN THE NW 1/4

« 705-747 TRACT IN THE NW 1/4 [M.RELj

8/13/1997 9:04:00AM J.RESO/ RESOLUTIONS

538-126 GTOR ARKANSAS CfTY, CITY OF GTEE IN RE: UNSAFE STRUCTURE

Sec: 36 Twp: 34 Range: 3 Part of the NW Quarter c 554-428 TRACT IN THE NW 1/4 [J.RESO]

Printed On: 6/14/2012 11:37:58AM Page 7 of 12

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Register of Deeds Office

Cowley County, Kansas

Expanded Search Results - Instrument Results Date/Time Recorded

Instrument Type

Book-Page , Mortgage # # of Pages Parties Legal(s)

Parcel Number

Pin Number

Refers to Consideration Document's) Comments

2/571998 9:06.00AM J.ASGT / ASSIGNMENT

17/17/1998 2.34.00PM D.WD / WARRANTY 554-62 i DEED

7/29/1998 8:56.00AM J.RESO/ 554-428 RESOLUTIONS

9/23/1998 10:07:00AM D.WD / WARRANTY 557-40 DEED

15/24/1999 9:16:00AM D.QCD / QUIT CLAIM 570-67 DEED

12 MGOR WESTERN RESOURCES, INC. MGEE ONEOK, INC.

SUMMITS FIRST ADDITION OF ARKANSAS CfTYBlock: 13 Lots/Units: 33 33

ORIGINAL TOWN ADDITION OF ARKANSAS CITYBlock 120 Lots/Units: 18 -18

Sec: 25 Twp: 34 Range: 3 Part of the NW Quarter

PLEASANT VIEW ADDITION OF ARKANSAS CITYBlock: 9 Lots/Units: 6 - 6

Sec: 19 Twp: 34 Range: 4 Part of the SE Quarter

[more details available]

GTOR AUSTIN, MAX J . GTOR AUSTIN, ALAN L. GTEE WALDECK, JAMES L. AND WF EDITH L. GTEE WALDECK, EDITH L. AND HS JAMES L.

Sec: 36 Twp: 34 Range. 3 Part of the NW Quarter

GTOR ARKANSAS CITY, CITY OF GTEE IN RE: DEMOLmON OF UNSAFE STRUCTURE

Sec: 36 Twp: 34 Range: 3 Part of the NW Quarter

GTOR GILLESPIE, KATHRYN Sec: 36 Twp: 34 Range: 3 Part of the NW Quarter M. AND HS FRANK GTOR GILLESPIE. FRANK AND WF KATHRYN M. GTOR ZELLMER, JOHN A GTEE ROTTMAYER. MIKE DEE

GTOR-BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY GTEE-ANT, LLC

Sec: 36 Twp: 34 Range: 3 •

Sec: 36 Twp: 34 Range: 3 •

Part of the NE Quarter

Part of the NW Quarter

672/1999 11:02:00AM M.REL / MORTGAGE 570-536 RELEASE

MGOR HOME NATIONAL BANK MGEE STEPHENSON, ENOCH F. MGEE STEPHENSON, SYLVIA M RT BARBOUR TITLE COMPANY

Sec 36 Twp: 34 Range: 3 Part of the NW Quarter

7/28/1999 10:16:00AM D.WD / WARRANTY 573-444 DEED

GTOR ROTTMAYER, MIKE DEE GTEE DANIELS, ROY GTEE ZELLMER. JOHN A.

Sec: 36 Twp: 34 Range. 3 Part of the NW Quarter

PARTS OF SAID QUARTERS AND LOTS & BLOCKS

TRACT IN THE NW 1/4

» 538-126 TRACT IN THE NW 1 /4 [J.RESO]

TRACT IN THE NW 1/4

PART OF THE N 1/2 N 1/2

• 417-554 TRACT IN THE NW 1/4 [M.MTG]

TRACT IN THE NW 1/4

Printed On: 6/14/2012 11:37:58AM Page 8 of 12

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Register of Deeds Office

Cowley County, Kansas

Expanded Search Results - Instrument Results Date/Time Recorded

Instrument Type

Book-Page Mortgage # # of Pages Parties Legal(s)

Parcel Number

Pin Number

Refers to . Consideration Document's) Comments

10/4/2000 10:10:00AM O.ASGT/ ASSIGNMENT OF

OIL AND GAS LEASE

596-477

5/3/2001 11:28:00AM D SHD / SHERIFFS 612-491 DEED

9/24/2002 8:52:00AM D.WD / WARRANTY 659-459 DEED

9/27/2002 4;15:00PM D.WD / WARRANTY DEED

1/31/2003 3:24:00PM D.WD / WARRANTY DEED

18 LSOR-TEXACO REFINING Sec: 36 Twp: 34 Range: 3 Part of the SW Quarter AND MARKETING INC.

LOVES SECOND ADDITION OF ARKANSAS CITYBlock: 21 Lots/Units:

LSEE CIMMARRON TRANSPORTATION, LLC

Sec: 25 Twp: 34 Range: 3 Part of the SW Quarter

LOVES SECOND ADDmON OF ARKANSAS CITYBlock 22 Lots/Units:

Sec: 25 Twp: 34 Range 3 Part of the NW Quarter

[more details available!

1 GTOR COWLEY COUNTY UNDERSHERIFF GTEE CONLEY, HOMER O, JR. GTEE CONLEY, ANNA L WONSER

Sec: 36 Twp: 34 Range: 3 Part of the NW Quarter

1 GTOR DANIELS, ROY AND Sec: 36 Twp: 34 Range: 3 Part of the NW Quarter WF KIMBERLY GTOR DANIELS, KIMBERLY AND HS ROY GTOR ZELLMER, JOHN A GTEE CONLEY, HOMER C , JR. AND WF ANNA L. WONSER GTEE CONLEY, ANNA L. WONSER AND HS HOMER C . JR.

1 GTOR STEPHENSON, SYLVIA M. GTEE STEPHENSON, TERRY A.

Sec: 36 Twp: 34 Range: 3 Part of the NW Quarter

1 GTOR GRIMES, STEVEN S. Sec: 36 Twp: 34 Range: 3 Part of the NW Quarter AND WF CINDY GTOR GRIMES, CINDY AND HS STEVEN S GTEE AST. DAVID GTEE AST. GAYLE L. RT BARBOUR TrTLE COMPANY

2/2/2004 8:38:17AM M.REL/MORTGAGE - RELEASE

1 MGOR MASON OIL. INC. MGEE - GRIMES. STEVEN S.

Sec: 36 Twp: 34 Range: 3 Part of the NW Quarter

PARTS OF QUARTERS GIVEN

TRACT IN THE NW 1/4

TRACT IN NW 1/4

TRACT IN NW 1/4

TRACT IN NW 1/4

» 537-70 INSTR #459 [M.MTGl

5/14/2004 1:28:23PM J.DEAT/ DEATH CERTIFICATE

715-5 GTOR KANSAS DEPARTMENT OF HEALTH GTEE STEPHENSON, ENOCH F. RT BARBOUR TITLE COMPANY

Sec: 36 Twp: 34 Range: 3 Part of the NW Quarter INSTR #2291

Printed On: 6/14/2012 11:37:58AM Page 9 of 12

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Register of Deeds Office

Cowley County, Kansas

Expanded Search Results - Instrument Results Date/Time Recorded

Instrument Book-Page Type

Mortgage # # of Pages Parties Legal(s)

Parcel Number

Pin Refers to Number Consideration Document's) Comments

5/14/2004 1:28:24PM D.WD / WARRANTY 715-7 DEED

GTOR STEPHENSON, Sec: 36 Twp: 34 Range: 3 Part of the NW Quarter TERRY A. AND WF JANET M. GTOR STEPHENSON, JANET M. AND HS TERRY A GTOR STEPHENSON, SYLVIA M. GTEE MASTERSON, TODD O. GTEE MASTERSON, DEBORAH L. RT BARBOUR TITLE COMPANY

INSTR #2292

15/14/2004 1:28:25PM J.ESMT/ 715-6 EASEMENTS

10/12/2004 10:31:26AM D.QCD / QUfT CLAIM 726-339 DEED

6/9/2005 1:11:12PM J.ESMT/ 742-571 EASEMENTS

1 GTOR ARK CITY INDUSTRIES, INC. GTEE MASTERSON, TODD RT BARBOUR TITLE COMPANY

Sec: 36 Twp: 34 Range: 3 Part of the NW Quarter

GTOR-ANT. LLC. Sec: 36Twp. 34 Range: 3 • GTEE BURLINGTON NORTHERN AND SANTA FE Sec: 36 Twp. 34 Range 3RAILWAY COMPANY

Part of the NE Quarter

Part of the NW Quarter

GTOR ARKANSAS CITY, CITY OF GTEE NAT-GAS, LLC

Sec: 23 Twp:

Sec: 26 Twp:

Sec: 25 Twp:

Sec: 25 Twp:

Sec: 36 Twp:

34 Range: 3

34 Range: 3

34 Range: 3

34 Range: 3 •

34 Range: 3 •

Part of the SE Quarter

Part of the NE Quarter

Part of the SW Quarter

Part of the NW Quarter

Part of the NW Quarter •

INSTR #2293

INSTR #4971

INSTR #2759

4/28/2006 9:14:55AM D.WD / WARRANTY 767-656 DEED

5/17/2006 4:37:46PM O.ASGT/ 769-167 ASSIGNMENT OF

OIL AND GAS LEASE

7/25/2006 11:20:01AM D.WD / WARRANTY 774-180 DEED

GTOR PATTERSON, H. DUANE AND WF H. DARLENE GTOR PATTERSON. H. DARLENE AND HS H. DUANE GTEE A TO Z RECYCLING,

. L L C .

LSOR CIMMARRON TRANSPORTATION, LLC LSEE NAT-GAS LLC

Sec: 36 Twp: 34 Range: 3 Part of the NW Quarter

LOVES SECOND ADDITION OF ARKANSAS CITYBlock: 21

Sec: 26 Twp: 30 Range: 3 Part of the NE Quarter

LOVES SECOND ADDITION OF ARKANSAS CITYBlock OUT Lots/Units: B

Sec 26 Twp: 30 Range: 3 Part of the SE Quarter

LOVES SECOND ADDITION OF ARKANSAS CrTYBlock 22

[mere details available] •

GTOR ARKANSAS CITY, CITY OF GTEE SYBRANT, JAMES E. AND DONNA L. FAMILY TRUST

Sec: 36 Twp: 34 Range: 3 Part of the NW Quarter

INSTR #2042

INSTR #3658

Printed On: 6/14/2012 11:37:58AM Page 10 of 12

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Register of Deeds Office

Cowley County, Kansas

Expanded Search Results - Instrument Results Date/Time Recorded

Instrument Type

Book-Page Mortgage # # of Pages Parties Legal(s)

Parcel Number

Pin Number

Refers to Consideration Document's) Comments

7/2572006 11:20:02AM J.REL / RELEASE 774-182

3/19/2007 9:56:57AM D.WD/WARRANTY 788-627 DEED

7/3/2007 2:54:09PM D.WD / WARRANTY 796-241 DEED

5/24/2010 9:46:47AM D.WD / WARRANTY 853-180 DEED

572672011 11:41 35AM D CORP / 873-554 CORPORATION

WARRANTY DEED

B/19/2011 2:37:56PM D.WD / WARRANTY 878-848 DEED

GTOR ARKANSAS CITY, CITY OF GTEE SYBRANT, JAMES E. AND WF DONNA L. GTEE SYBRANT, DONNA L. AND HS JAMES E.

Sec 36 Twp: 34 Range: 3 Part of the NW Quarter

GTOR HILL, JACKIE L. AND Sec: 36 Twp: 34 Range: 3 Part of the NW Quarter WF BILUE E. GTOR HILL, BILLIE E. AND HS JACKIE L GTEE A TO Z RECYCLING, L L C .

GTOR MASTERSON, TODD Sec: 36 Twp: 34 Range: 3 Part of the NW Quarter O. AND WF DEBORAH L. GTOR MASTERSON. DEBORAH L AND HS TODD O. GTEE MASTERSON. TODD O.GTEE MASTERSON, DEBORAH L. GTEE MASTERSON, NATHAN 0. GTEE MASTERSON, RAMONAA.

1 GTOR ARKANSAS CITY INDUSTRIES, INC. GTEE ARKANSAS CITY. CITY OF

Sec: 36Twp: 34 Range: 3 Part of the NW Quarter

1 GTOR ARKANSAS CrTY INDUSTRIES, INC. GTEE WALDECK. JAMES L. AND WF EDITH L. GTEE WALDECK, EDITH L AND HS JAMES L. RT BARBOUR TITLE COMPANY

Sec: 36 Twp: 34 Range: 3 Part of the NW Quarter

GTOR A TO Z RECYCLING, LLC GTEE GOODWIN PROPERTIES. LLC

Sec 36 Twp: 34 Range: 3 Part of the NW Quarter

6719/2011 2:37:57PM M.MTG / MORTGAGE 878-850 11389 MGOR GOODWIN PROPERTIES, LLC MGEE A TO Z RECYCLING, LLC RT BARBOUR TITLE COMPANY .

Sec: 36 Twp: 34 Range: 3 Part of the NW Quarter

INSTR #3659

INSTR #1173

INSTR #3007

INSTR #002032

INSTR #002539

INSTR #003925

INSTR #003926

Printed On: 6/14/2012 11:37:58AM Page 11 of 12

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Register of Deeds Office

Cowley County, Kansas

Expanded Search Results - Instrument Results Date/Time Recorded

Instrument Type

Book-Page Mortgage # # of Pages Parties Legal(s)

Parcel Number

Pin Number

Refers to Consideration Document's) Comments

1717/2012 2:17:19PM D.QCD / QUIT CLAIM 891-299 DEED

1/17/2012 2:17,20PM J.AFFT / AFFIDAVITS 891-300

5/1/2012 10:10:36AM D.WD / WARRANTY 897-11 DEED

GTOR MASTERSON. TODD Sec: 36 Twp: 34 Range: 3 Part of the NW Quarter O. AND WF DEBORAH L. GTOR MASTERSON, DEBORAH L. AND HS TODD O. GTOR MASTERSON, NATHAN 0. AND WF RAMONA A GTOR MASTERSON, RAMONA A. AND HS NATHAN O. GTEE MASTERSON. NATHAN O. AND WF RAMONA A GTEE MASTERSON. RAMONA A. AND HS NATHAN O. RT BARBOUR TITLE COMPANY

GTOR FUENTES. MARICELA Sec 36 Twp: 34 Range: 3 Part of the NW Quarter GTEE IN RE: EQUITABLE INTEREST RT BARBOUR TrTLE COMPANY

INSTR #000241

INSTR #000242

GTOR MASTERSON, Sec 36 Twp: 34 Range: 3 Part of the NW Quarter NATHAN O. AND WF RAMONA A GTOR MASTERSON, RAMONA A AND HS NATHAN O GTEE FUENTES. MARICELA

INSTR #001859

5/1/2012 10:10:37AM D.WD / WARRANTY DEED

897-12 1 GTOR FUENTES. MARICELA Sec 36 Twp: 34 Range: 3 Part of the NW Quarter GTEE FUENTES. PABLO AND WF FRANCISCA GTEE FUENTES. FRANCISCA AND HS PABLO

INSTR #001860

Number of Records Found: 84

Printed On: 6/14/2012 11:37:58AM Page 12 of 12

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APPENDIX 4

Site Inspection Checklist

SITE INFORMATION

Site name: j \ r£f tMfr tS Date of inspection: Q f I^L.

Location and Region: u** 7 EPA ID: ^SbWCttcT&l

Agency, office, or company leading the five-year review: ^ u ^ / i w f Ot*i/is'»~»

Weather/temperature: ^ ( - t ^ t v , ,

Remedy Includes: (Check all that apply) 0*Landfill cover/containment • Access controls (^Institutional controls • Groundwater pump and treatment • Surface water collection and treatment gTOther uM*v\iv*^ <:t t>\s '

• Monitored natural attenuation • Groundwater containment • Vertical barrier walls

Attachments: • Inspection team roster attached • Site map attached

1. O & M site manager

EL INTERVIEWS (Check all that apply)

Title Interviewed SiTat site Hat office • by phone Phone no. (C?lc>)44l*-'1&14 Problems, suggestions; • Report attached S'tfg S Y f y * »u»*\ ) J l / i

Date

2. O & M staff Name Title

Interviewed 0ltt site 0"St office • by phone Phone no. (£.Xo) 44<- *rAI« Date

Problems, suggestions; • Report attached AAA i <A4>

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Local regulatory authorities and response agencies (i.e., State and Tribal offices, emergency response office, police department, office of public health or environmental health, zoning office, recorder of deeds, or other city and county offices, etc.) Fill in all that apply.

AgencyCih pt? &UAA&*><> . . / Contact t^A+LAy 3 A.ti->

' Name Titlej-> Date Phone nc; / Problems; suggestions; • Report attached S-gg S>yH '• M^MAvC ( I>U-J /Mrt/ ^ T ^ V ^

Name Title» Daite PTioneno. 4^

Name Problems; suggestions; • Report attached fro/* CWE

Agency Contact Maui/*. 0 r-Ut lirirw».

Name Title 0 Date Phone no. Problems; suggestions; • Report attached $-«e IT^t/V

Agency Contact

Name Title Date Phone no. Problems; suggestions; • Report attached

4. Other interviews (optional) • Report attached.

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III. ON-SITE DOCUMENTS & RECORDS VERIFIED (Check all that apply)

Documents • O&M manual • Readily available • Up to date • N/A B^s-built drawings • Readily available • Up to date • N/A • Maintenance logs • Readily available • Up to date DN/A Remarks ,

Site-Specific Health and Safety Plan • Readily available • Up to date • N/A • Contingency plan/emergency response plan • Readily available • Up to date • N/A Remarks vUd.

O & M and OSHA Training Records • Readily available • Up to date • N/A Remarks :

Permits and Service Agreements • Air discharge permit • Readily available • Up to date • N/A • Effluent discharge • Readily available • Up to date • N/A • Waste disposal, POTW • Readily available • Up to date DN/A • Other permits • Readily available • Up to date • N/A Remarks W» :

5. Gas Generation Records • Readily available • Up to date • N/A Remarks »A

6. Settlement Monument Records i • Readily available • Up to date • N/A Remarks 'fpfuvri St>+V<j AAx^^Jl 3 ( 3— p^vot a^ey

7. Groundwater Monitoring Records • Readily available • Up to date • N/A Remarks —f*.

8. Leachate Extraction Records • Readily available ' • Up to date • N/A Remarks

9. Discharge Compliance Records • Air • Readily available • Up to date • N/A • Water (effluent) • Readily available • Up to date' • N/A Remarks . '

10. Daily Access/Security Logs • Readily available • Up to date • N/A Remarks

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IV. O&M COSTS

1. O&M Organization • State in-house • Contractor for State HVPRP in-house • Contractor for PRP • Federal Facility in-house • Contractor for Federal Facility

2. O&M Cost Records **f*~ • Readily available • Up to date • Funding mechanism/agreement in place Original O&M cost estimate • Breakdown attached

Total annual cost by year for review period if available

From To • Breakdown attached Date Date Total cost

From To • Breakdown attached Date Date Total cost

From To • Breakdown attached Date Date, Total cost

From To • Breakdown attached Date Date Total cost

From To • Breakdown attached Date Date Total cost

I

3. Unanticipated or Unusually High O&M Costs During Review Period Describe costs and reasons:

V. ACCESS AND INSTITUTIONAL CONTROLS • Applicable • N/A

A. Fencing

1. Fencing damaged • Location shown on site map • Gates secured • N/A Remarks

B. Other Access Restrictions

1. Signs and other security measures QLocation shown on site map • N/A Remarks ^OC* S-te SYr^ pt-r_TLvet

4

~ ­

C. Institutional Controls (ICs)

1. Implementation and enforcement Site conditions imply ICs not properly implemented Q/Yes QNo • N/A Site conditions imply ICs not being fully enforced • Yes • No • N/A

Type of monitoring (e.g., self-reporting, drive by) Frequency Responsible party/agency Contact

Name Title

Reporting is up-to-date Reports are verified by the lead agency

Violations have been reported Other problems or suggestions: • Report attached

Date Phone no.

• Yes • No • N/A • Yes • No • N/A

B'Yes • No • N/A • Yes CiJ*io • N/A

2. Adequacy • ICs are adequate ErfCs are inadequate • N/A

D. General

1. Vandalism/trespassing • Location shown on site map 0*flo~vandalism evident Remarks

Land use changes on site • N/A Remarks tuft**

Land use changes off site • N/A i . . ri J .J Remarks .XuU u^Jlk.f^a'Jf^ -fW/ /*A IAQ &ft*cX si**

VL GENERAL SITE CONDITIONS

A. Roads • Applicable DN/A

1. Roads damaged • Location shown on site map ETRoads adequate DN/A Remarks .

­

B. Other Site Conditions

Remarks

A. Landfill Surface

1. Settlement (Low spots) Areal extent Remarks

• Location shown on site map Depth

0*Settlement not evident

2. Cracks Lengths

• Location shown on site map Widths Depths

Ca racking not evident.

Remarks

VII. LANDFILL COVERS • Applicable • N/A

Erosion Areal extentRemarks

• Location shown on site map BTifosion not evident Depth

Moles Areal extentRemarks

• Location shown on site map ErfJoles not evident Depth

5. Vegetative Cover >B rass 0'Cover properly established • Trees/Shrubs (indicate size and locations on a diagram) Remarks *rr>arl £ t v V

EFNo signs of stress

6. Alternative Cover (armored rock, concrete, etc.) ErWA Remarks

Bulges Areal extentRemarks

• Location shown on site map BHuiges not evident Height

Wet Areas/Water Damage • Wet areas • Ponding • Seeps • Soft subgrade Remarks

a rVet areas/water damage not evident • Location shown on site map Areal extent• Location shown on site map Areal extent• Location shown on site map Areal extent• Location shown on site map Areal extent

6

_

_

_

_ _ _ _

9. Slope Instability • Slides • Location shown on site map r rTevidence of slope instability Areal extent Remarks

B. Benches • Applicable ETNTA (Horizontally constructed mounds of earth placed across a steep landfill side slope to interrupt the slope in order to slow down the velocity of surface runoff and intercept and convey the runoff to a lined channel.)

1. Flows Bypass Bench • Location shown on site map E3137A or okay Remarks

2. Bench Breached • Location shown on site map BrWA. or okay Remarks

3. Bench Overtopped • Location shown on site map jS'N'/A or okay Remarks

C. Letdown Channels Inapplicable • N/A (Channel lined with erosion control mats, riprap, grout bags, or gabions that descend down the steep side slope of the cover and will allow the runoff water collected by the benches to move off of the landfill cover without creating erosion gullies.)

1. Settlement • Location shown on site map 0"fio evidence of settlement Areal extent Depth Remarks

2. Material Degradation • Location shown on site map ETfto evidence of degradation Material type . i Areal extent * Remarks mycee.([*e,J- & B * A A % ^ - S^2 ^icb**<£> S ^ f ^

3. Erosion • Location shown on site map B'No evidence of erosion Areal extent Depth Remarks

4. Undercutting • Location shown on site map Str^oevidence of undercutting Areal extent Depth Remarks

5. Obstructions Type S&tfo obstructions • Location shown on site map Areal extent Size Remarks

6. Excessive Vegetative Growth Type B'No evidence of excessive growth • Vegetation in channels does not obstruct flow • Location shown on site map Areal extent Remarks

D. Cover Penetrations • Applicable B*N7A frJo C***f i/V t^^^^itr^s

1. Gas Vents • Active • Passive • Properly secured/locked• Functioning • Routinely sampled • Good condition • Evidence of leakage at penetration • Needs Maintenance • N/A Remarks

2. Gas Monitoring Probes • Properly secured/lockedD Functioning • Routinely sampled • Good condition • Evidence of leakage at penetration • Needs Maintenance DN/A Remarks

3. Monitoring Wells (within surface area of landfill) • Properly secured/locked • Functioning • Routinely sampled • Good condition • Evidence of leakage at penetration • Needs Maintenance • N/A Remarks .

4. Leachate Extraction Wells • Properly secured/locked • Functioning • Routinely sampled • Good condition • Evidence of leakage at penetration • Needs Maintenance QN/A Remarks

S. Settlement Monuments • Located • Routinely surveyed DN/A Remarks

8

­

­

E. Gas Collection and Treatment • Applicable * B^N/A

1. Gas Treatment Facilities • Flaring • Thermal destruction • Good condition • Needs Maintenance Remarks

• Collection for reuse

2. Gas Collection Wells, Manifolds and Piping • Good condition • Needs Maintenance Remarks

3. Gas Monitoring Facilities (e.g., gas monitoring of adjacent homes or buildings) • Good condition • Needs Maintenance • N/A Remarks

F. Cover Drainage Layer • Applicable 0*N7A

1. Outlet Pipes Inspected • Functioning Remarks

• N/A

2. Outlet Rock Inspected • Functioning Remarks

• N/A

G. Detention/Sedimentation Ponds • Applicable • N/A

1. Siltation Areal extent Depth • N/A • Siltation not evident . i . j Remarks ACMJ <5rrW-<Jp~i ^"YF- P U*> TO . <^t>J e^^r

| ; | •

2. Erosion Areal extent Depth • Erosion not evident Remarks

3. Outlet Works •Functioning DN/A Remarks

4. Dam • Functioning • N/A Remarks

9

­

H. Retaining Walls • Applicable B*tf/A

1. Deformations • Location shown on site map • Deformation not evident Horizontal displacement Vertical displacement Rotational displacement Remarks

2. Degradation • Location shown on site map • Degradation not evident Remarks

I. Perimeter Ditches/Off-Site Discharge 0*Applicable DN/A

1. Siltation • Location shown on site map BlSTltation not evident Areal extent Depth Remarks

2. Vegetative Growth • Location shown on site map • N/A • Vegetation does not impede flow Areal extent Type Remarks tfc

3. Erosion • Location shown on site map B^rosion not evident Areal extent Depth Remarks

4. Discharge Structure j/jTFunctioning • N/A Remarks

VOL VERTICAL BARRIER WALLS • Applicable BTfUA

1. Settlement • Location shown on site map • Settlement not evident Areal extent Depth Remarks

2. Performance MonitorineTvpe of monitoring • Performance not monitored Frequency • Evidence of breaching Head differential Remarks

10

c. Treatment System • Applicable {tTiN/A

1. Treatment Train (Check components that apply) • Metals removal • Oil/water separation • Bioremediation • Air stripping • Carbon adsorbers • Filters • Additive {e.z.. chelation agent, flocculent) • Others • Good condition • Needs Maintenance • Sampling ports properly marked and functional • Sampling/maintenance log displayed and up to date • Equipment properly identified • Quantity of groundwater treated annually • Ouantitv of surface water treated annually Remarks

2. Electrical Enclosures and Panels (properly rated and functional) • N/A • Good condition • Needs Maintenance Remarks

3. Tanks, Vaults, Storage Vessels • N/A • Good condition • Proper secondary containment • Needs Maintenance Remarks <

4. Discharge Structure and Appurtenances • N/A • Good condition • Needs Maintenance Remarks

5. Treatment Building(s) • N/A • Good condition (esp. roof and doorways) • Needs repair • Chemicals and equipment properly stored Remarks

6. Monitoring Wells (pump and treatment remedy) • Properly secured/locked• Functioning • Routinely sampled • Good condition • All required wells located • Needs Maintenance • N/A Remarks

D. Monitoring Data •i /A1. Monitoring Data

• Is routinely submitted on time • Is of acceptable quality

2. Monitoring data suggests: • Groundwater plume is effectively contained • Contaminant concentrations are declining

11

"

D. Monitored Natural Attenuation

1. Monitoring Wells (natural attenuation remedy) • Properly secured/locked • Functioning • Routinely sampled • Gg$id-condition • All required wells located • Needs Maintenance Brfi/A Remarks

X. OTHER REMEDIES

If there are remedies applied at the site which are not covered above, attach an inspection sheet describing the physical nature and condition of any facility associated with the remedy. An example would be soil vapor extraction.

XI. OVERALL OBSERVATIONS

Implementation of the Remedy

Describe issues and observations relating to whether the remedy is effective and functioning as designed. Begin with a brief statement of what the remedy is to accomplish (i.e., to contain contaminant plume, minimize infiltration and gas emission, etc.). / / . . /

B. Adequacy of O & M

Describe issues and observations related to the implementation and scope of O&M procedures. In particular, discuss their relationship to the current and long-term protectiveness of the remedy.

y>oA Oif/A . •

12

C. Early Indicators of Potential Remedy Problems

Describe issues and observations such as unexpected changes in the cost or scope of O&M or a high frequency of unscheduled repairs, that suggest that the protectiveness of the remedy may be compromised in the future.

D. Opportunities for Optimization

Describe possible opportunities for optimization in monitoring tasks or the operation of the remedy.

13 / / 3

APPENDIX 5

) Break: ^ i Other:

J FINAL REMEDIAL ACTION COMPLETION REPORT

ARKANSAS CITY DUMP SITE NORTH WASTE AREA OPERABLE UNIT

ARKANSAS CITY, KANSAS

VOLUME I of m Narrative Report and Appendices A - D

Submitted by: Fluor Daniel, Inc.; Dallas, Texas

United States Environmental Protection Agency-

Region vn Kansas City, Kansas

Contract No. 68-W9-0013

Work Assignment No. 29-7R01

Submitted to:

November 1992 9

APPENDIX B

-BUILT DRAWINGS

ENVIRONMENTAL PROTECTION AGENCY ARKANSAS CITY SUPERFUND SITE

ARKANSAS CITY, KANSAS CONTRACT NO. 68-W9-0013/02 29

AS-BUILT DRAWINGS

5 FLUOR DANIEL

1992

ABBRE IONS REFER, ;F SYMBOLS 1ESENJ3 DRAWING INDFX

a w e **TER CLEARING AND cruegiHc

ApMOjuyATT UULT O UNTREATED U A ! E ! * « A L

:S» J H L R»irm GRADE

a A C * J l u _ C I» tA7 ID UArTJtiA

JTAIC 3HCl / *D WATER TA&-E

SMJUH L N K F IHC

OXIMETER T N C E / A K H3NTI0R1IK uNE

•OAP

CAE UNE

STCCU DAMN

SLC*»E

crrcx OR SWALE

» W E -ALLEY Lpc

CULVERT m r n HEAOWU

TREES Of BRuSn

J i C U T / f U S i T P C S

A K W T W L ROOiT

SJWUp UOKUMDC (WITH ATHCENCr NUMIEJt

0 s*s m

- c UTlLTT "OLE

'ROW OX ITEtL

sot

EZ3 S*HP

C3»C*E7E

CZZ3 C O N T A A I I N A T C HAST

NON-CCW»»(IN*r£B KATT^AL

[ S 3 'AtATCD U A m U L

C F t S - O STONE

SELiCT ^ L ;

r-Tl SUf j ^TUSE

( A S - f t - n r

LJ«iTS O E i C A V A l W

R.3AC P W f \ £ ANO l"OAC S E C r O h [AS -BUIL 'J

C R O S S S E C T O W

(AS-BULT WASTE A*EA CROSS SECnOMS

(AS-3UIT

WASTE AREA C«CS SECTION

(AS-9UU.r

•P^ICA SFCTCNS w DETAILS

(AS-BUIS.T) ^GCIllANEDLrS Pl/WS AND DClAtLS lAS-WiLT)

GENERAL NOTES CPO COORDINATES SKWN ON THE DRAWING* ABE i A S O C« AN ASSUMES C0C*DrRA7T O rf!000C E:W0C AT THE

•<mvar CORKER OF SEIDOX i *

CROSS SECT3N AW TCMCRAJWCA1 INFORMATION >*nC*TED M ru DRAWINGS »«5 COMPlTS n o u SL'RVCrS MyRLTTED FT C W U A N JAR * G U INC.

POHCA arr OKLAHOMA SUBWTTTEE ON AUSLS? n m i

9 FLUOR DANIEL

ENVIRONMENTAL PROTECTION AGENCY

ARKANSAS C T S U P C P U * STT« M K A N S A S C l M M S A S

tNDEX/G£NE=?AL INFORMATION ( A S - B U I L T )

EM a,/a/ i f

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LIMITS qr f;>)""'AV.AJiCt~··~II §;fi ~1 ~!

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= I , ~~t~r;[:g~e~::.ii.c; ! 2 .-i0[1.~5Hr:ETC11.:ty :I

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OCTAi._ OH S'"E!."1' Cl'.­

ENV1RONl.4ENT~L PROTECTION AGENCY ....,.~O'f'l'~Srrt

Nt....,,.y.s C::ll"r. MNSAS

rn~tSH c;v.DEI !;:....fV1-~<:+1 (AS-BUILT)

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ESTIMATED LNIT OCONTAMINATED Oft LOW n SOk (TYP1

EXCAVATION 5FCT10H

r -C CA» mi

EXCAWtnON L**T TRUTEE MATERIAL TTFCAi irAEfI'-O* CAP

El 11*0 BACKFILL SECTION

U -07

9 r « W AFTER S OEAftJWC AND 1

i a «

j TTSIOLX •rmrr *re» V Of LO* pH JOL

1QM

El 1105 ExovATiOK *rc.-\ON

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I'-B Z*S> FILL SEE TYPICAL DETAIL

SHEET CIO

HOUTV WASTT T VWIRLE WAST* tfl£A

ncAVATot uwi

^-nu AHEA FOR. TWIAITE MATERIA!T T F O UHDCR

q ' O K . M D A *

E111D5 BACKFILL SFCTIQN

SECTION

9 FLUOR DANIEL

SEE SHEET « re * A9BftEVMK>Q STUBCLSLECEND GENERAL NOTES AND [ W C " D O

1 nCAVATiO SECTIONS SnOW0 IKS SHtTT PRESENT OCTAfcS AND A C T I M uurTS O C* CAVA TO* BACjrrc H C T O H J SHOWN OK Tha SHEET PRESENT THE LOCATION 0T 4»CKTXLETREATED UATERW ANO CAP

A •OTEH71ALLT COHlAWMATED

NOTES

ENVIRONMENTAL PROTECTION AGENCY

AJtXANSU CITY SUPEWUNG UTA I K A N S A S a r t W S A S

WASTE AREA CROSS SECTIONS

(AS-BUILT)

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r«ON-CONTAMINATES rti ««tA SEE TYPCAL DETAIL SHEET CIO

1070

,-CRAOE AFTEf C-EARINC AMD

CSUBBINC 1

10?0

tou Y IO&S

loeo v*W'F wA^fT « n r

EXCAWT10N LIMIT TWO

EXCAVATION L*U1

H J T H WASTT »rT

ci1180

E«CAW*now Uult J v w n w a ARJTA

- F u A*CA FOR TREATED MATERIAL TY»CAL LROER T - f CAR

E> CAVA ON L*rT

ESTIMATED LIMIT OF L7MHLA7FD UATRJU(SEE NCT *

E l l ISO

BACKFILL SECTION

9 FLUOR DANIEL

NOTES SEE S-iEET C torn A69Rf.1AT10NS SYMBOLSL L G C . C GENERA. NOTES AND D R A W I N G INDEX

EXCAVATION SECTIONS SHOWN ON THIS SHEET RBESENT DETA^S AND ACTUA L'MITS o OCAVATtO" B A C K F L L S E c n c s SHOWN ON THQ S f tET "RESENT HE •LOCATION OF BACKFILLED TREATED MATERIAL AND CAR.

K MAltR .... E TO THE STATIC

GROUNDWATER f^COUMTfJnjON O t / 1 3 / 0 1

ENVIRONMENTAL PROTECTION AGENCY

WASTE AREA C R O S S SECTIONS

(AS-8U ILT )

€08

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llilll [);CWMION SECTION

:S~ttOll:l•:tO'SECTION \l[Jl'J: 1· .. ~·

J2@ CO!

I-·.,,,,"'' 7 El.1"50~1

L.l.l.2eZ BelCKflLL SECTION

SECTION"'"-"~,',-:'f ~ ~

1070

'"'

~ ~·;;.~"' "'"'" ~~~)i:m = . EXf',&W.J!ON SECTION

"''"'"""' ""' '"'

SECTION

"'"" a

ENVIRONMENTAL PROTECTION AGENCY

~~,~~Yrr

SZ EL 1cro.!:ill

'If "'""S'T.1·11C G"OUllDW•~ [L£'<ATJJllci.01S;1!/12 = 8.4.CKflLL SECTION

APPENDIX 6

U.S. Environmental Protection Agency Region 7 Announces the Start of the Fourth

Five-Year Review Arkansas City Dump Superfund Site

Arkansas City, Cowley County, Kansas

EPA has begun the fourth Five-Year Review at the Arkansas City Dump Superfund site. The review is required by the Superfund law to make sure completed cleanups continue to protect human health and the environment.

The third Five-Year Review and the Administrative Record are available at the following locations during normal business hours:

Arkansas City Public Library EPA Region 7 Records Center 120 E. Fifth Ave. 901 North 5 h Street Arkansas City, Kansas Kansas City, Kansas

Questions or requests for information can be submitted to:

Ben Washburn Community Involvement Coordinator

U.S. EPA Region 7 901 N. Fifth St.

Kansas City, KS 66101 Toll free: (800)223-0425

Email: washburn.ben@epa.gov

t