RE: Grandview Heights Condominiums NPDES Permit Tracking No.: ARR151590

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1 May 22, 2008 Mr. Kevin Harrison E & S Management 207 S. Main St. Bentonville, Arkansas RE: NPDES Permit Tracking No.: ARR Dear Mr. Harrison: On March 26, 2008, I performed a complaint/storm water permit compliance inspection of the Grandview Heights Condominiums construction site in accordance with the provisions of the federal Clean Water Act, the Arkansas Water and Air Pollution Control Act, and the regulations promulgated there under. This inspection revealed the following violations: 1. Absence of adequate stabilization practices. This is a violation of Part I.C.3 of the permit. Lack of stabilization was observed throughout the construction site. 2. Inspections of the construction site were not being performed as required by the Storm Water Pollution Prevention Plan (SWPPP). According to the SWPPP, inspections of the construction site are required to be performed every 7 days in addition to within 24 hours of the end of a rainfall event that is 0.5 inches or greater. As of March 26, 2008, the last inspection was performed on June 14, This is in violation of Part II.A.4.e of the permit. 3. The Storm Water Pollution Prevention Plan (SWPPP) is incomplete. This is in violation of Part II.A.4 of the permit. The following element of the SWPPP were not included in the plan: a. A record of the dates indicating when major grading activities occurred, when construction activities temporarily or permanently ceased on a portion of the site, and when stabilization measures were initiated. 4. Sediment controls were not being properly implemented or maintained. This is a violation of Part I.C.3 of the permit. Areas noted include: a. The area immediately east of Beaver Lake south of the west sedimentation basin, where lack of stabilization along the slope above the silt fence has allowed for erosion of sediment from beneath a portion of the silt fence and transport of sediment toward the lake. The above items require your immediate attention. Please submit a written response to these findings to the NPDES Enforcement Section of this Department when the violations have been corrected. This response should contain documentation describing the course of action taken to correct the items noted. This corrective action should be completed as soon as possible, and the written response is due June 17, 2008.

2 If I can be of any assistance, please contact me at ext 12. Sincerely, Alison West Field Inspector Water Division cc: Water Division Permit Branch Water Division Enforcement Branch

3 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Washington, D.C NPDES Compliance Inspection Report Form Approved OMB No Approval Expires Section A: National Data System Coding Transaction Code NPDES yr/mo/day Inspec. Type Inspector Fac Type 1 N A R R W 19 S 20 2 A F I N Remarks Inspection Work Days Facility Evaluation Rating BI QA Reserved N 71 N 72 N Section B: Facility Data Name and Location of Facility Inspected (For industrial users discharging to POTW, also include POTW name and NPDES permit number) Guyll Ridge Rd. Rogers, AR Entry Time/Date 1025/ Exit Time/Date 1100/ Permit Effective Date March 8, 2006 Permit Expiration Date October 31, 2008 Name(s) of On-Site Representative(s)/Title(s)/Phone and Fax Number(s) NA Name, Address of Responsible Official/Title/Phone and Fax Number Kevin Harrison, E & S Management 207 S. Main St. Bentonville, AR Contacted Yes No X Other Facility Data Section C: Areas Evaluated During Inspection (S = Satisfactory, M = Marginal, U = Unsatisfactory, N = Not Evaluated) S Permit N Flow Measurement N Operations & Maintenance N CSO/SSO U Records/Reports N Self-Monitoring Program N Sludge Handling/Disposal U Pollution Prevention M Facility Site Review N Compliance Schedules N Pretreatment N Multimedia N Effluent/Receiving Waters N Laboratory U Storm Water N Other: Section D: Summary of Findings/Comments (Attach additional sheets if necessary) The following violations were noted: 1. Inspections were not being conducted every 7 days and within 24 hrs of the end of a storm that is 0.5 or greater as required by the storm water pollution prevention plan (SWPPP). 2. Sediment controls were not being maintained. 3. SWPPP incomplete. No intended sequence of major activities which disturb soils for major portions of the site; no record of dates when major grading activities occurred, when construction activities temporarily or permanently ceased on a portion of the site. 4. Absence of stabilization practices. Name(s) and Signature(s) of Inspector(s) Alison West Agency/Office/Telephone/Fax Arkansas Dept. of Environmental Quality/Fayetteville/ ext 12/ Date 04/18/08 Signature of Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form (Rev. 9-94) Previous editions are obsolete.

4 NPDES Storm Water Construction Site Assessment Site Name: Permit #: ARR Lat: N Date: 03/26/08 Long: W Total Acreage: unk. Acreage Disturbed: 53 Starting Date: no records Project Type: Construction Stage: X Residential Industrial Clearing Building Const. Commercial Roadway X Rough Grading Final Stabilization Other: Infrastructure Inactive X Other: road building; storm drainage culverts/controls Permit Type: Site Posted: SWPPP: X General X Yes Yes Individual No No Unpermitted Improper X Incomplete Are stabilization practices satisfactory? Yes X No N/A List (seeding, mulching, geotextiles, etc.): Lack of stabilization measures. Are erosion and sediment controls satisfactory? Yes X No N/A List (silt fences, hay/straw bales, sedimentation ponds, riprap, etc): Silt fences, sedimentation basin, riprap on sedimentation basin spillway. Proper operation and maintenance of all facility s systems of treatment & control? Yes X No Comments: Silt fence not maintained just to east of Beaver Lake south of west sedimentation basin. Evidence of sediment leaving the site? Evidence of off-site tracking? Yes X No Yes X No Evidence of sediment entering the Waters of the State? X Yes No Are inspections conducted and records kept as required in the permit? Yes X No Date of Last Inspection: 06/14/07 Is there a rain gauge on-site? Are daily rainfall totals recorded? Yes X NA Yes X No Comments:

5 Location: Arkansas Department of Environmental Quality (ADEQ) Official Photograph Sheet Photo # 1 Of 4 Date: Time: ~10:30 a.m. IMGP0862. Lack of stabilization. Photo # 2 Of 4 Date: Time: ~10:30 a.m. IMGP0863. Area throughout development that is not stabilized.

6 Location: Arkansas Department of Environmental Quality (ADEQ) Official Photograph Sheet Photo # 3 Of 4 Date: Time: ~10:40 a.m. IMGP0872. Silt fences need to be maintained to prevent sediment from entering into Beaver Lake. Photo # 4 Of 4 Date: Time: ~10:40 a.m. IMGP0873. Slight amount of sediment entering into Beaver Lake.