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Fw: Frownfelter ContactsMark Doolan to: Jane Kloeckner

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Jane: Here's the information concerning the contacts I've had with Garnet Frownfelter regarding access toher property in Webb City for remedial action of the mine waste located on her.property. I am providingyou with her contact information and the identification number for her property as show on the JasperCounty taxrecords. Below her contact information are the details of the meeting and phone conversationI've had with her. Following that is the conversation information that Mr. Gene Frost, EPA's accesscon,tractor under subcontraCt to Black and Veatch, has had with Ms. Frownfelter. Please let me know ifthere is any additional information you need ~o proceed with obtaining access to the property.

Ms. Garnet FrownfelterPhone:Mailing address:Physical Address:Property 10#:

April 7,2010: Gene Frost, Mike Naughter with Black & Veatch, and I met with Ms. Frownfelter at herproperty in Webb City. Ms. Frownfelter was very reluctant to sign the access agreement and spent thefirst per of the meeting voicing numerous complaint about EPA and the government in general. Forexample, she said the she was absolutely convinced that if she signed the agreement, President Obamawould come to Webb City personally and confiscate her property because the Superfund law gave himtheauthority to do so. Once she got past the general complaining, she made five conditional demands sheexpected us to agree to before. she would sign the agreement. 1} A small pet cemetery located on the 'property, and located in the mine waste on the edge of the waste pile, must not be disturbed. 2) All treeslocated along the east property line were not to be removed or disturbed. 3) The slope along a shortdistance of her driveway must be stabilized with clay to provide stability for the drive. 4) The fence alongthe west property boundary was not to be disturbed. 5) Six inches of topsoil was to placed on all areasWhere excavation occurred, even if EPA excavated to clean soil.

I informed Ms. Frownfelter that we would not disturb the pet cemetery as long as shewould install a simple fence or at least some posts to define it's exact extend .. As to the trees along theeast boundary, I informed her that they were outside the mine waste area and would not be disturbed inany way. I told her that the mine waste along a short portion of her driveway where it comes close to a.steep slopewould require removal, however, we would regrade the area to a more gentle slope and bringin clay if need be to stabilize that portion of the driveway. Concerning the west fence,·' informed her thatthe fence would need to be removed in order to excavate the mine wastes locate on her propertyand theadjacent property, but the we would mark it's location and reinstall the fence immediately after theexcavation activities were complete.

I then informed Ms. Frownfelter that \he only place EPA was currently installing topsoilwas on areas where the wastes were disposed in place and capped. I told her that EPA intended toremove all the mine wastes from her property, and therefore, would not place any topsoil on her property.At this point she became very angry and insisted that I was lying to her, trying to take advantage of her,and that EPA was giving topsoil to every other lal)d owner. I tried to explain again that top soil was onlybeing placed in area to cover the waste disposal areas; that EPA did place topsoil in the excavated cleanareas on the first 75 acres we remediated, but was no longer doing that because of the large expenseinvolve; that none of the land owners of the 800 acres we are currently remediated are getting topsoil, norwould any in the future, and that we were treating her the same as every other land owner. Ms.Frownfelter tried to continue the conversation with many derogatory remarks about me, EPA's contractors,and the government in general, and voiced her complete distrust of the process. At this point, Isuggested thanihe take the liberty to add her conditions in writing to the access agreement (pet cemetery,trees, fence, driveway slope), sign the agreement, allowing us proceed and that we'd honor her requestswith the exception of the topsoil issue. Ms. Frownfelter said she would consider this and contact us in thenear future. At this point, we ended the meeting, and Mr. Frost, Mr. Naughter, and I left the (:>roRerty. '.

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April 14, 2010: Gene Frost picked up the signed access agreement from Ms. Frownfelter and forwarded itto me. Ms. Frownfelter had added five condition for access to the back side of the agreement (attachedbelow to this email). These conditions are the ones listed above minus the west fence removal issue, andshe added a condition that the crew doing the design testing notify her the day before entering the i

property to test soil and dig test pits. . .

April 17, 2010: I called Ms. Frownfelter on the phone to tell her that I had received for signed accessagreement, and that EPA would still not agree to place topsoil in the areas of her property where the minewaste was removed and excavated to clean soil. Again, Ms. Frownfelter was very derogatory, insisted onthe topsoil, and informed me that EPA would not be allowed on her property unless we agreed to bring in .the topsoil. At this point, I informed her that EPA has the authority and obligation to clean up all themining waste with in the site, including the wastes located on her property. I told her that if she did neitvoluntarily sign the agreement to allow EPA to enter, we would pursue legal means to enter the propertyand remediate the wastes. At this point, Ms. Frownfelter said she wanted two more weeks to think aboutthis and to contact her after May 12.

May 24,2010: After giving Ms. Frownfelter over a month to reconsider access, I decided to have Mr.Frost contact her, since my conversations with her had turned adversarial on her part. I was hopeful Mr.Frost could convince here to allow entry without the condition of topsoil placement where I had beenunsuccessful. . .

May 29,2010: Mike Naught~r called to inform me that Gene Frost had contacted MS. Frownfelter, whoaccused him of threatening her, and refused to discuss access any further.

D. Mark DoolanU.S. Environmental Protection Agency901 N. 5th Street; Kansas City, Kansas 66101(913) 551-7169 fax: (913) 551-8717----- ForWarded by Mark Doolan~R7/USEPAIUS on 06/03/2010 02:25 PM ~----

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From:To:Date:Subject:

Mark, .

"Naughter, Michael" <NaughterMJ@bv.com>Mark Doolan/R7/USEPAlUS@EPA06/03/201012:23 PMFW: Frownfelter Contacts

Below is Gene Frosts summary of his interactions with Garnett Frownfelter regarding the accessagreement. .Please let me know if there is anything else you need.

Mike

From: FROST [mailto:gfrost@netins.net]Sent: Thursday, June 03, 2010 11:30 AMTo: Naughter, MichaelSubject: Frownfelter Contacts

Mike:

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The following is the contact history for Garnet Frownfelter:

4-6-10 First meeting with Frownfelter; reviewed EPA clean-up procedures and delivered Consent Form.-Reviewed Frownfelter's concerns which included tree removal, pet cemetery, fence replacement andtopsoil. It was explained at this meeting that topsoil was limited to areas where chat is stockpiled andcapped or pits that are filled in and capped. Frownfelter was reluctant to sign the Consent Form and Irecommended a meeting with Mark Doolan. .

4-7-10 Arranged meeting with Frownfelter and Mark Doolan. All concerns and issues were discussed andrecommended that Frownfelter list her requirements for clean-up on the back of the Consent Form. .

4-12-10 Called Frownfelter about Consent Form and encouraged her to complete the form withher requirements.. .

4-14-10 Picked up Frownfelter's Consent Form which included her requirement that topsoil bespread over the clean-up area. Forwarded the form to Mike Naughter for review.

5-26-10 Called Frownfelter/to discuss the topsoil issue. She insisted shewasn't being treated equal thateveryone was getting topsoil but her. She asked what the EPA would do next and she was told that MarkDoolan would make that decision. She asked if she was being threatened and was told shewas not. Shewas getting very upsetat this time and the discussion was ended.

Gene Frost

~Frownfelter agreement.pdf

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r)iss~jution'grID1t~dby the' Circuit'¢otirf'ofJasp:et"County;'Miss6~n~ on the'2~~Y of-S¢,p(ernbet, 20()'l,'ofJasper;Couply,,:Missoun, wnbse tnailing;address is 225IS Ha:wthome Road,

Webb!City,·Missoup.648180,partYof'thesecondpart. '-

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TRACT 1:ALL OF THE NORTHWEST QUARTER (NW 1I4),OF THE

SOUTHEAST QUARTER (SE 1/4) IN SECTION 6, TOWNSHIP28, RANGE 32, JASPER COUNTY, MISSOURI, LYING SOUTHOF CENTER CREEK;

TRACT 2:

FIVE (5) ACRES OUT OF THE SOUTHEAST CORNER OF THENORTHEAST QUARTER (NE 1/4) OF THE SOUTHWESTQUARTER (SW 1/4) DESCRIBED AS: BEGINNING AT THESOUTHEAST CORNER OF THE NORTHEAST QUARTER (NE 1/4)OF THE SOUTHWEST QUARTER (SW 1/4), THENCE NORTHALONG THE EAST LINE OF SAID FORTY, SIX HUNDREDSIXTY FEET, (660') THENCE WEST THREE HUNDRED THIRTY(330') FEET, THENCE SOUTH PARALLEL TO THE EAST LINE OFSAID FORTY, SIX HUNDRED SIXTY (660') FEET, TO THE SOUTHLINE OF SAID FORTY, THENCE EAST ALONG SAID SOUTH

• LINE A DISTANCE OF THREE HUNDRED THIRTY (330') FEET

TO THE POINT OF BEGINNING, IN SECTION 6, TOWNSffilP 28,

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·'=~~:~'~t:J~~~:~=~i:~(SW '114) ALiLINSEC'flC>N6•.tOVmSHIP 28; R1\NGE 32, JASPER

COuNTY, MISSOURI...•.. !

TRACT 4:

ALL THt\.TPART OFTHE~ SOUTHWEST QUARTER'(SW 1/4)'OF THE

NORTJIEA8T QUAR.l$It(NE 1I4JLYING SOUTH OF CENTERtCREEKT'-T~t:'ri:.o"'itI"J!""Y:A~T" ,,..,,,..t·,n.'-T~T'TTft·.An····ll'_•.';;".-i~-r- -~2 .... it'S..,.....R·· :"'OID'lTyU".,C\..-l;,lUh Q, JVWl".,nlr ~(), :l'V\:1'1un '" ,.Jft rn ."\J" J. .. ,

MISSOURI;

BEGINNlNGAT APOINT. THREE HUNDREDSbvENTY~SEVENFEET NORTH'(377'N)OF THE SOUTHWEST (SW) CORNEROFTHE EAST SIXTY (E60) ACRES OF THE SOUTHONE-HALF OFTHE NORTHWESt QUARTER (NW 1/4);TIffiNCE NORTH ONE

HUNDRED EIGHTY-FOUR 'FEET (N184')~THENCE EASTNINETEEN HUNDRED EIGI1TY FEET (E1980'); THENCE SOUTH

ONE HUNDRED EIGHTY-FOUR FEET (S1841;THENCE WEST

NINETEEN HUNDREIlEIGHTYFEET (W1980') TO THE PLACEOF BEGINNING RESERVfNGTHEWEST TWELVB FEET. (W12')

-As AN EASEMENT FOR ROAD PURPOSES, ALL IN SECTION23, TOWNSHIP 28, RANGE 33, JASPER COUNTY. MISSOURI. .

EXCEPT DORTHYrRICHEY HOLDS A LIFE ESTATE IN THE,ABOVE PROPERTY.

39 acres:

THE NORTHEAST QUARTER (NE 1/4) OFT~ NORTHEAST

QUARTER (NE 1/4) EXCEPT COUNTY HIGHWAY QN THE

EAST SIDE IN SECTION NINETEEN (19) TOWNSHIP

TWENTY-EIGHT (28), RANGE THIRTY-THREE (33), JASPER, COUNTY, MISSOURI.

.. .TO,:fliAiV;e;ANDTO FlQLD thepre~~eS;~Of~~d)witfiaUartdsingl.llarl the rights,priVile~esi :appurtenances,andimn1l1niti~s'theteto'belot1ging, or in· any wiseappertaining,unt<>thesaid·;party ofthesecond,:party, and unto her heirs and assigns forever; the said William CharlesRichey, hereby covenanting that the said premises are free and clear ofany encumbrances done orsuffered by him and that he will Warrant and Defend the title to the said premises unto the ~aid

party of the second part, and unto her heirs and assigns forever, against the lawfulclaims and. demands ofall persons claiming by, through or under him except taxes and encumbrances of

record.

IN WITNESS WHEREOF, the said party of the first PartY has hereunto set his hand theday and year first above written. ' r

ACKNOWLEDGMENT/

STATE OF MISSOURI )) ss.

COUNTY OF JASPER )

On this~ day ofNovember, 2001, before me personally appeared William CharlesRichey, ofJasper County, Missouri, single by dissolutioJI granted by the Circuit court ofJasperCounty, Missouri, on the 2JJ:.Aday of September , 2001, not having since said dissolutionremarried, knmNn to me to be the person described in and who executed the foregoing instrumentand acknowledged that he executed the ~.ame as his free act and deed, and the said William .Charles Richey, further..declared himself to be single ar!!:I unmarried.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal atmy office in Jasper County, Missouri, the day and year first above written.

MY COMMISSION EXPIRES:(SEAL)

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