2. Erosion control measures are not being properly maintained required by Part II.B.17.A of the permit.

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1 July 6, 2011 Keri Lewis Lewis-Charlton Properties, Inc. Saddlebrook Estates PO Box 58 Searcy, AR AFIN: NPDES Permit No.: ARR Dear Keri Lewis: On May 6, 2011, I performed a routine compliance inspection of the above referenced facility in response to a complaint. The complainant stated that his lot was not built up like the surrounding lots and during rain events he has 8 inches of rain dammed against the fence leaving a lot of silt and debris in his yard. The complaint was found to be invalid at the time of inspection. The inspection was conducted 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 REPEAT violations: 1. The stormwater pollution prevention plan (SWPPP) is not being maintained onsite from 8:00 am to 5:00 pm as required by Part II, A.2.A of the permit. The mailbox on site was empty. The SWPPP on file with ADEQ does not contain all the updates required by the renewal permit which became effective November 1, Since the SWPPP was not on site for ADEQ to properly evaluate, it will be necessary to submit a revised SWPPP with up to date erosion control map as part of your response to this inspection. The dated SWPPP on file with ADEQ was used to complete the inspection of this facility. 2. Erosion control measures are not being properly maintained required by Part II.B.17.A of the permit. 3. Barren areas of the site have not been stabilized in a timely manner as required by Part II, A.4.H.2 of the permit. 4. Onsite inspections are not being conducted in accordance with the SWPPP and Part II, A.4.M of the permit. There were no inspection reports being maintained on site. Please submit copies of any inspections conducted within the last three months on this site. 5. The SWPPP on file with ADEQ indicates an inspection frequency of once every 14 days and after a 0.5 inch rainfall. However, a rain gauge is not onsite as required by Part II, A.4.M.1.b of the permit. 6. Solid waste is not being controlled as required by Part II, A.4.H.1.f of the permit. This construction site was littered with uncontrolled construction debris and inappropriate burning.

2 Keri Lewis, Lewis-Charlton Properties, Inc. Saddlebrook Estates July 6, 2010 Page Concrete is being washed out at locations other than at a location indicated on the site map in violation of Part II, A.4.G.7 of the permit. 8. The individual homebuilders in this development are most likely contributing to some of the issues with stormwater management at this site, however, Part I.B.17.A of the permit states that the permittee is ultimately responsible for the perimeter controls on this site. However, individual homebuilders are required to comply with the provisions of the stormwater permit as part of a larger common plan of development. To facilitate further investigation of the practices of the individual homebuilders in this development, please submit with your response to this inspection copies of the signed certification statement from each home builder as required by Part I.B.17.C of the permit. Copies of these certifications are required to be maintained in the SWPPP by Part I.B.17.C. of the permit. The above items require your immediate attention. Please submit a written response to these findings to the Water Division Enforcement Branch. This response should be mailed to the address below, or ed to Water-Enforcement-Report@adeq.state.ar.us. This response should contain documentation describing the course of action taken to correct each item noted. This corrective action should be completed as soon as possible, and the written response with all necessary documentations (i.e. photos) is due by July 16, For additional information you may contact the Enforcement Branch by telephone at or by fax at If I can be any assistance, please contact me at stoker@adeq.state.ar.us or Sincerely, Lindsay Stoker District 9 Field Inspector Water Division cc: Water Division Enforcement Branch Water Division Permits Branch NPDES Report Page 2

3 Form Approved OMB No UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Washington, D.C NPDES Compliance Inspection Report 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 Remarks A F I N C O U N T Y 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) Lewis-Charlton Properties, Inc., Saddlebrook Estates - In Searcy take Highway 36 West to Honey Hill Road, (turn left). Construction site is on left less than ½ mile down Honey Hill Road The site abuts the Stonehenge Construction Site Name(s) of On-Site Representative(s)/Title(s)/Phone and Fax Number(s) None Entry Time/Date 10:40 am on 5/6/11 Exit Time/Date 12:10 pm on 5/6/11 Permit Effective Date 11/01/08 Permit Expiration Date 10/31/2011 Other Facility Data Name, Address of Responsible Official/Title/Phone and Fax Number Keri Lewis Lewis-Charlton Properties, Inc. Contacted Saddlebrook Estates PO Box 58 Yes No Searcy, AR Section C: Areas Evaluated During Inspection (S = Satisfactory, M = Marginal, U = Unsatisfactory, N = Not Evaluated) U Permit N Flow Measurement U Operations & Maintenance N Sampling U Records/Reports N Self-Monitoring Program N Sludge Handling/Disposal N Pollution Prevention U Facility Site Review N Compliance Schedules N Pretreatment N Multimedia U Effluent/Receiving Waters N Laboratory U Storm Water N Other: Section D: Summary of Findings/Comments (Attach additional sheets if necessary) See NPDES Page 6 for violation details. Name(s) and Signature(s) of Inspector(s) Agency/Office/Telephone/Fax Arkansas Department of Environmental Quality Date 5/6/11 Lindsay Stoker Signature of Reviewer Agency/Office/Phone and Fax Numbers Date NPDES Report Page 3

4 SECTION I: SITE POSTING AND SITE INFORMATION SITE NAME: Saddlebrook TOTAL ACREAGE 48 ACREAGE DISTURBED 25 LATITUDE LONGITUDE STARTING DATE A. Is site is posted with Notice Of Coverage (NOC) (Part II, A.2.D) B. Is posting at construction entrance and visible to the public (Part II, A.2.D) C. If project is linear, is posting at area actively under construction? (Part I,B.8.C) D. If project is part of larger common plan of development, what is development name and permit number Development Name: Development Permit No: SECTION II: STORM WATER POLLUTION PREVENTION PLAN EVALUATION AND IMPLEMENTATION A. Is the SWPPP being maintained on site from 08:00 am to 5:00 pm (Part II,A.2.A) B. Is the SWPPP properly signed as required by Part II, B.1B of the permit? C. Is the SWPPP being updated as required by Part II, A.3 of the permit? D. Site map in SWPPP (Part II,A.4.G) 1) Direction of stormwater flow (i.e., use arrows to show which direction stormwater will flow) and approximate slopes anticipated after major grading activities (Part II,A.4.G.1); 2) Delineate on the site map areas of soil disturbance and areas that will not be disturbed under the coverage of this permit (Part II,A.4.G.2) 3) Location of major structural and nonstructural controls identified in the plan (Part II,A.4.G.3) 4) Location of main construction entrance and exit (Part II,A.4.G.4) 5) Location where stabilization practices are expected to occur (Part II,A.4.G.5) 6) Locations of off-site materials, waste, borrow area, or equipment storage area (Part II,A.4.G.6) 7) Location of areas used for concrete wash-out (Part II,A.4.G.7) 8) Location of all surface water bodies (including wetlands) (Part II,A.4.G.8) 9) Locations where stormwater is discharged to a surface water and/or municipal separate storm sewer system if applicable (Part II,A.4.G.9) 10) Locations where stormwater is discharged off-site (should be continuously updated) (Part II,A.4.G.10) 11) Areas where final stabilization has been accomplished and no further construction phase permit requirements apply(part II,A.4.G.11) E. Stormwater Controls 1) Are all controls installed as described in the SWPPP (Part II,A.4.H) 2) Silt fences properly installed and maintained (Part II,B.17.A) 3) Check dams and velocity dissipation devices properly installed and maintained (Part II,B.17.A) 4) Sedimentation basins and sediment traps properly installed and maintained (sediment removed when 50% capacity) (Part II,B.17.A) and (Part II,A.4.N) 5) Has sediment that has gotten offsite been removed? (Part II,A.4.H.1.d) 6) Is construction site entrance sufficiently stabilized to prevent off site tracking? (Part II,A.4.I.2) 7) Are stabilization methods described in SWPPP being implemented in a timely manner? (Part II,A.4.H.2) NPDES Report Page 4

5 F. Inspections SWPPP on file with ADEQ checked 1) Inspection Frequency in SWPPP Once every 7 days 14 days and after ½ inch rain event 1a) If inspection frequency is every 14 days, do they have a rain gauge on site? (Part II,A.4.M.1.b) 1b) Is rain gauge properly installed? (nothing obstructing rain gauge) (Part II,B.17.A) 2) Are inspection records being maintained on site? (Part II,A.4.M.3) 3) Are ADEQ inspection forms being used or do the forms contain the elements required by the permit? (Part II,A.4.M.2) 3a) Inspector Name and Title (Part II,A.4.M.2.a) 3b) Date of Inspection (Part II,A.4.M.2.b) 3c) Amount of Rainfall and Days Since Last Rain Event (only if inspection frequency is 14 days) (Part II,A.4.M.2.c) 3d) BMPs used on-site(part II,A.4.M.2.d) 3e) If the BMPs are in working order and if maintenance is required (when scheduled and completed) (Part II,A.4.M.2.e) 3f) Location and Dates When Major Construction Activities Begin, Occur or Cease (Part II,A.4.M.2.f) 3g) Report Signature of Inspector (Part II,A.4.M.2.g) 4) Are inspections conducted in accordance with the requirements of the SWPPP? (Part II,A.4.M) 5) Are corrective actions being implemented within 3 days? (Part II,A.4.N) G. Stormwater management 1) Is solid waste being controlled as described in SWPPP (Part II, A.4.H.1.f) 2) Are stabilized buffer zones being maintained? (25 feet from stream, 50 feet if 303 d, TMDL, ERW, ESW or NSW) (Part II, A.4.H.2.b) 3) Have velocity dissipation devices been installed at discharge points, within concentrated flow areas serving two or more acres and along drainage courses where required to prevent erosive flows (Part II, A.4.H.3.b) 4) Has silt or sediment gotten off the construction site? A.C.A (a)(2) 5) Has silt and sediment been discharged to the waters of the state? A.C.A (a)(2) If yes, give the name of the stream or water body: 6) Is the washout of concrete being done at the designated location? (Part II,A.4.G.7) 7) Does the liquid waste from concrete washout reach the waters of the state? (Part II, A.4.I.5) 8) Are fuel storage areas protected as described by SWPPP? (Part II, A.4.I.6) 9) Have temporary erosion controls been removed from areas finally stabilized? (Part II, A.4.H) 10) Are there any allowable non-stormwater discharges that have not been addressed in the SWPPP (Part II, A.4.J) 11) Are there any process waters or non-stormwater discharges that are not allowed under the permit being discharged? A.C.A (b)(1)(E) E. Comments and Observations: NPDES Report Page 5

6 NPDES Compliance Inspection Report Further Explanation 1. The stormwater pollution prevention plan (SWPPP) is not being maintained onsite from 8:00 am to 5:00 pm as required by Part II, A.2.A of the permit. The mailbox on site was empty. The SWPPP on file with ADEQ does not contain all the updates required by the renewal permit which became effective November 1, Since the SWPPP was not on site for ADEQ to properly evaluate, it will be necessary to submit a revised SWPPP with up to date erosion control map as part of your response to this inspection. 2. Erosion control measures are not being properly maintained required by Part II.B.17.A of the permit. 3. Barren areas of the site have not been stabilized in a timely manner as required by Part II, A.4.H.2 of the permit. 4. Onsite inspections are not being conducted in accordance with the SWPPP and Part II, A.4.M of the permit. There were no inspection reports being maintained on site. 5. The SWPPP on file with ADEQ indicates an inspection frequency of once every 14 days and after a 0.5 inch rainfall. However, a rain gauge is not onsite as required by Part II, A.4.M.1.b of the permit. 6. Solid waste is not being controlled as required by Part II, A.4.H.1.f of the permit. This construction site was littered with uncontrolled construction debris and inappropriate burning. 7. Concrete is being washed out at locations other than at a location indicated on the site map in violation of Part II, A.4.G.7 of the permit. 8. The individual homebuilders in this development are most likely contributing to some of the issues with stormwater management at this site, however, Part I.B.17.A of the permit states that the permittee is ultimately responsible for the perimeter controls on this site. However, individual homebuilders are required to comply with the provisions of the stormwater permit as part of a larger common plan of development. To facilitate further investigation of the practices of the individual homebuilders in this development, please submit with your response to this inspection copies of the signed certification statement from each home builder as required by Part I.B.17.C of the permit. Copies of these certifications are required to be maintained in the SWPPP by Part I.B.17.C. of the permit. NPDES Report Page 6

7 Water Division NPDES Photographic Evidence Sheet Location: Lewis-Charlton Properties, Inc., Saddlebrook Estates Photo # 1 Of 9 Date: 5/6/11 Time: 10:44 am Description: Site posting and SWPP box. Photo # 2 Of 9 Date: 5/6/11 Time: 10:44 am Description: No SWPPP, site map, or inspections. NPDES Report Page 7

8 Water Division NPDES Photographic Evidence Sheet Location: Lewis-Charlton Properties, Inc., Saddlebrook Estates Photo # 3 Of 9 Date: 5/6/11 Time: 10:54 Description: Concrete being washed out in non-designated area. Photo # 4 Of 9 Date: 5/6/11 Time: 12:03 pm Description: Barren lot. NPDES Report Page 8

9 Water Division NPDES Photographic Evidence Sheet Location: Lewis-Charlton Properties, Inc., Saddlebrook Estates Photo # 5 Of 9 Date: 5/6/11 Time: 12:03 pm Description: Barren lot Photo # 6 Of 9 Date: 5/6/11 Time: 12:07 pm Description: Lot is barren and eroding. NPDES Report Page 9

10 Water Division NPDES Photographic Evidence Sheet Location: Lewis-Charlton Properties, Inc., Saddlebrook Estates Photo # 7 Of 9 Date: 5/6/11 Time: 12:07 pm Description: Same lot as picture 8. Needs to be stabilized. Photo # 8 Of 9 Date: 5/6/11 Time: 12:07 pm Description: Unpermitted burning down the hill from the above pictures. NPDES Report Page 10

11 Water Division NPDES Photographic Evidence Sheet Location: Lewis-Charlton Properties, Inc., Saddlebrook Estates Photo # 9 Of 9 Date: 5/6/11 Time: 12:09 pm Description: Designated concrete wash out is overflowing. NPDES Report Page 11

12 August 10, 2011 Certified Mail: Keri Lewis Lewis-Charlton Properties, Inc. P.O. Box 58 Searcy, AR RE: AFIN , Saddlebrook Estates, NPDES Permit Tracking No.: ARR Dear Keri Lewis: On May 6, 2011 a routine compliance inspection was conducted of Saddlebrook Estates in Searcy, AR. A copy of the inspection report is included with this letter. Notice of the inspection was mailed to you on July 6, A response was requested by July 16, 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 and any mitigating circumstances you wish the Department to consider prior to initiating formal enforcement actions by August 19, 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 Branch