January 6, Mr. Jerold Weaver, Owner Victorian Kennel 3269 Hwy 23 North Eureka Springs, AR AFIN: ; Permit No.

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1 January 6, 2010 Mr. Jerold Weaver, Owner Victorian Kennel 3269 Hwy 23 orth Eureka Springs, AR Re: AFI: ; Permit o.: 4613-W (EXPIRED) Dear Mr. Weaver: On December 28, 2009, I performed an inspection of your facility in accordance with the provisions of the Arkansas Water and Air Pollution Control Act and the regulations promulgated there under. This inspection revealed the following violation: Facility is operating a confined animal operation using a liquid waste management system without an active State Water Permit. The referenced permit expired on September 17, The Department has made numerous attempts to contact you regarding your operation of this facility without a permit. The above item requires your immediate attention. Please submit a written response to this finding to Ms. Cindy Garner, Enforcement Branch Manager of the Water Division Enforcement Branch of this Department at the address below. This response should contain detailed documentation describing the course of action taken to correct the item noted. The State Permits Branch may be contacted at for information regarding reissuance of the referenced permit. This corrective action should be completed as soon as possible. The written response is due by January 18, For additional information you may contact the enforcement branch by telephone at or by fax at If I can be of any assistance, please contact me at (870) or by at Kirkpatrick@adeq.state.ar.us. Sincerely, Bruce Kirkpatrick District Field Inspector Water Division cc: Water Division Permits Branch Water Division Enforcement Branch

2 ARKASAS DEPARTMET OF EVIROMETAL QUALITY Agricultural Permit Inspection Report Inspection Date AFI umber Permit umber County Compliance Status 12/28/ W (expired) Carroll OUT Facility ame and Location ame of Responsible Official Mailing Address Victorian Kennel Mr. Jerold Weaver PO Box 5115 Eureka Springs, AR Lat: 36 deg Phone umber Long: W93 deg Legal Description ame of Person Contacted Title Sec. 34 Tns. 21 Rng. 26W o one at the kennel or at adjacent auto repair facility. Grow or Produce for: Design Animal Type and Capacity /A 75 dogs Evaluate the Following Areas: S-Satisfactory M-Marginal U--Unsatisfactory -ot Evaluated Part 1 - Operation and Maintenance (a) o discharge of wastewater from basins, lagoons, holding pond, and/or pits. (b) o leaks or seeps in waste holding/disposal system. (c) Adequate freeboard was found at basins, lagoons, holding ponds, and/or pits. Estimate freeboard: n/a (d) Banks and levees properly maintained and in good operating condition. (e) Adequate holding capacity in waste holding system. (f) Adequate waste disposal equipment available and operational. Type: n/a (g) All waste being properly applied according to permit and waste management plan. (h) All land application sites are approved under waste management plan or site management plan. (I) Waste holding pond/pit is properly fenced, posted, and staff gauge installed if required. (j) Waste facility and confinement area constructed according to approved plans. (k) Owner and managing operators have completed adequate training and/or education. (l) All flush systems, drain chutes, and waste drag systems operational. (m) Facility operating within design type and capacity limits. Comments/Violations oted in Operation and Maintenance Section According to info on file at ADEQ, the facility has a 1400 gallon septic tank followed by 140 linear feet of field lines. M S S Part 2 - Sampling (a) Waste/wastewater sampled and analyzed for parameters as required by the permit and/or Reg. 5. (b) Soil at the land application sites sampled and analyzed as required by the permit and/or Reg 5. (c) Sampling and analytical method meet the terms and conditions of the permit and/or Reg 5.

3 Part 3 - Records and Reports (a) Adequate records are kept on all waste being land disposed as required by permit and/or Reg. 5. (b) Records being maintained on all sampling and analysis of soil, waste as required by permit and/or Reg. 5. (c) Annual reports and other record keeping requirements kept and/or submitted as required by permit and/or Reg. 5 Comments/Violations noted Records and Reports Section Part 4 - General (a) All waste streams at the facility are covered under permit. (b) o waste placed in a location where it is likely to cause pollution to the waters of the State. (c) o visible effects on nearby waters of the State due to permitted waste system. (d) Dead animals properly disposed. [ ] Composter [ ] On-site Burial [ ] Renderer [ ] Incinerator [ ] Other (Specify ) M Comments/Violations noted in General Section Some of the kenneled dogs were confined in areas exposed to rainfall, but no significant accumulation of animal waste was observed in these kennels at the time of inspection. o one was present at the time of the inspection. o dead animals were observed. Part 5 - Recurring/Highlighted Violations (List all Recurring and/or Highlighted Violations of Permit Conditions) Facility was operating a confined animal operation using a liquid waste management system without an active State Water Permit. The referenced permit expired on September 17, This violation was cited in a 3/3/09 letter to Mr. Weaver. Repeated attempts have been made to contact Mr. Weaver. On 8/28/09, a letter from Sam Sawyer, ADEQ Water Division Enforcement Supervisor, along with inspector s business card and a request to call were left with Mr. Arthur Stopple at the adjacent auto repair facility. On 9/18/09, Mr. Stopple stated that Mr. Weaver had received this letter and information. Mr. Weaver has not yet made contact regarding this matter. Facility phone number on record is no longer in service. On 1/6/10 Switchboard.com showed one address for Jerold Weaver as 3269 Hwy 23 orth, Eureka Springs, AR A letter citing this violation will be sent to this address. o phone number was listed. Photos Take During Inspection: yes SamplesTaken: o Inspector ame: Bruce Kirkpatrick Date of Report O1/06/09 Signature of Reviewer: Date of Review 01/07/10

4 Location: Arkansas Department of Environmental Quality (ADEQ) Official Photograph Sheet Victorian Kennel Photographer: Bruce Kirkpatrick Witness: one Photo # 1 of 2 Date: 12/28/09 Time: 1130 hrs Description: Photo of kennel area tied to the liquid waste system. Photographer: Bruce Kirkpatrick Witness: none Photo # 2 of 2 Date: 12/28/09 Time: 1131 hrs Description: Photo of kennel area not tied to the liquid waste system

5 ARKASAS DEPARTMET OF EVIROMETAL QUALITY MEMORADUM TO: THRU: FROM: Sam Sawyer, Program Support Manager, Enforcement Branch Dale Washam, Inspector Supervisor Bruce Kirkpatrick, Inspector DATE: 01/06/10 SUBJECT: Victorian Kennel AFI: ; Permit o.: 4613-W (EXPIRED) While I was in the area I went back to the facility on December 28, 2009, in an attempt to hand deliver a letter dated June 8, 2009, from you to Mr. Jerold Weaver. o one was present at the kennel or at the adjacent auto repair shop. On August 28, 2009, a copy of the letter from you was left at this repair shop with a Mr. Arnold Stopple along with my card requesting that Mr. Weaver contact me. During a September 19, 2009, site visit, Mr. Stopple was present and stated that Mr. Weaver had received this information. I have not yet been contacted by Mr. Weaver. Conditions at the facility were similar as observed during previous inspections. See the inspection report for details. I will continue to try to make contact with Mr. Weaver. Facility continues to operate without a permit. I found a different address for Mr. Weaver on Switchboard.com. I am mailing a letter to this address citing the violation of operating without a permit.