RE: Construction site, Hwy 59m South, Decatur, Arkansas; NPDES Permit No.: No-Permit

Transcription

1 June 11, 2008 Mr. Tim Witcher PO Box 702 Decatur, AR RE: Construction site, Hwy 59m South, Decatur, Arkansas; PDES Permit o.: o-permit Dear Mr. Witcher: On April 15, 2008, in response to a complaint I performed a compliance inspection of the above referenced 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 thereunder. This inspection revealed the following violations: 1. Operation of a construction site and dirt pit greater than 5 acres without a PDES Storm Water Permit. 2. Operation of equipment in waters of the state resulting in alteration of the stream channel and deposition of sediments without authorization, a violation of Regulation o. 2. The above items require your immediate attention. Please submit a written response to these findings to the Water Division Enforcement Branch of this Department at the following address: Water Division Enforcement Branch Arkansas Department of Environmental Quality 5301 orthshore Drive orth Little Rock, AR This response should contain detailed 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 by July 7, For additional information you may contact the enforcement section by telephone at or by fax at

2 Tim Witcher June 11, 2008 Page 2 If I can be of any assistance, please contact me at (870) or by at Kirkpatrick@adeq.state.ar.us. Sincerely, District 2 Field Inspector Water Division cc: Water Division Enforcement Branch Water Division Permits Branch Storm Water Report Page 2

3 ADEQ Const. Storm Water Insp. AFI: n/a Permit #: n/a Form Approved OMB o UITED STATES EVIROMETAL PROTECTIO AGECY Washington, D.C PDES Compliance Inspection Report Section A: ational Data System Coding Transaction Code PDES Yr/Mo/Day Inspec. Type Inspector Fac. Type o - P e r m i t W 19 S 20 2 A F I n / a Remarks Inspection Work Days Facility Evaluation Rating BI QA Reserved Section B: Facility Data ame and Location of Facility Inspected (For industrial users discharging to POTW, also include POTW name and PDES permit number) Tim Witcher Site Hwy 59 South Decatur, AR ame(s) of On-Site Representative(s)/Title(s)/Phone and Fax umber(s) o one Entry Time/Date 1310 / April 15, 2008 Exit Time/Date 1330 / April 15, 2008 Permit Effective Date n/a Permit Expiration Date n/a Other Facility Data ame, Address of Responsible Official/Title/Phone and Fax umber Mr. Tim Witcher PO Box 702 Decatur, AR / Yes Contacted o U Permit Records/Reports Section C: Areas Evaluated During Inspection (S = Satisfactory, M = Marginal, U = Unsatisfactory, = ot Evaluated) Flow Measurement Self-Monitoring Program Operations & Maintenance Sludge Handling/Disposal Sampling Pollution Prevention U Facility Site Review Compliance Schedules Pretreatment Multimedia U Effluent/Receiving Waters Laboratory Storm Water Other: Section D: Summary of Findings/Comments (Attach additional sheets if necessary) A PDES Storm Water Inspection was performed on April 15, This inspection revealed the following violations: 1. Operation of a construction site and dirt pit greater than 5 acres without a PDES Storm Water Permit. 2. Operation of equipment in a tributary of Decatur Branch, waters of the state, resulting in alteration of the stream channel and deposition of sediments without authorization, a violation of APC&EC Regulation o. 2. ame(s) and Signature(s) of Inspector(s) Agency/Office/Telephone/Fax Date AR Dept. of Environmental Quality-Jasper Phone # (870) / FAX#(870) June 1, 2008 Signature of Reviewer Agency/Office/Phone and Fax umbers Date Storm Water Report Page 3

4 ADEQ Const. Storm Water Insp. AFI: n/a Permit #: n/a A. General Information Site ame: Tim Witcher Latitude: Longitude: W Total Acreage: unknown Acreage Disturbed: unknown Starting Date: mid 1990 s Project Type: Residential Commercial Industrial Roadway Other: Construction Stage: Clearing Rough Grading Infrastructure Building Construction Final Stabilization Inactive Other: Permit Type: General Individual Unpermitted Site Posted: Yes o Improper B. Storm Water Pollution Prevention Plan (SWPPP) [Part II Section A of Permit] SWPPP Developed and Onsite? Yes o Incomplete ot Updated as eeded Are Stabilization Practices Satisfactory? Yes o A none Are sediment controls Satisfactory? Yes o A none Evidence of sediment leaving the site? Yes o A Evidence of off-site tracking? Yes o A Evidence of sediment entering the Waters of the State? Yes Likely o A Are inspections conducted and records kept as required in the permit? Yes o A Is corrective action taken based on results of inspections? Yes o A Are daily rainfall totals recorded? Yes o A Rainfall measured using: On-site Rain Gauge A Other: General Site was previously operated as a dirt pit. Currently a convenience store is being constructed. Site has never been permitted. Also observed was evidence of the operation of equipment in waters of the state resulting in alteration of the stream channel and deposition of sediments without authorization, a violation of APC&EC Regulation o. 2 Storm Water Report Page 4

5 ADEQ Const. Storm Water Insp. AFI: n/a Permit #: n/a Location: Photo # Water Division Construction Storm Water Photographic Evidence Sheet Tim Witcher site none 1 of 6 Date: 4/15/08 Time: 1321 Area east of existing buildings Photo # 2 of 6 Date: 4/15/08 Time: 1322 Tributary of Decatur Branch one Storm Water Report Page 5

6 ADEQ Const. Storm Water Insp. AFI: n/a Permit #: n/a Location: Photo # Water Division Construction Storm Water Photographic Evidence Sheet Tim Witcher site one 3 of 6 Date: 4/15/08 Time: 1322 Tributary of Decatur Branch with sediment deposits Photo # 4 of 6 Date: 4/15/08 Time: 1322 one Tributary of Decatur Branch with sediment deposits and channel alteration Storm Water Report Page 6

7 ADEQ Const. Storm Water Insp. AFI: n/a Permit #: n/a Location: Photo # Water Division Construction Storm Water Photographic Evidence Sheet Tim Witcher site one 5 of 6 Date: 4/15/08 Time: 1323 Tributary of Decatur Branch with sediment deposits Photo # 6 of 6 Date: 4/15/08 Time: 1323 Channelized portion of the tributary of Decatur Creek one Storm Water Report Page 7

8 September 4, 2008 Tim Witcher P.O. Box 702 Decatur, AR RE: Tim Witcher Construction Site, Hwy. 59 South, Inspection of April 15, 2008 Dear Mr. Witcher: On April 15, 2008, a compliance inspection was conducted at the construction site located on Hwy 59 South. A copy of the inspection report is included with this letter. otice of the April 15, 2008 Inspection was mailed to you on June 11, A response was requested by July 7, As of the date of this letter, a response has not been received. If you feel this letter has been sent in error, and you have in fact responded to the inspection, please send the Department a copy of the response. If you have not sent the response, please submit a response to the inspection findings, and any mitigating circumstances you wish the Department to consider prior to initiating formal enforcement actions, by September 18, Thank you for your attention to this matter. Should you have any questions, feel free to contact me at or you may me at schluterman@adeq.state.ar.us. Sincerely, Amy Schluterman Enforcement Administrator Water Division Enforcement Section