April 22, Mr. Fred Self P.O. Box 2768 Rogers, Arkansas RE: Soil-Disturbing Activities, Hoot Owl Hollow, Garfield

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1 April 22, 2009 Mr. Fred Self P.O. Box 2768 Rogers, Arkansas RE: Soil-Disturbing Activities, Hoot Owl Hollow, Garfield PDES Permit o.: Unpermitted Dear Mr. Self: On April 16, 2009, I investigated a complaint related to the subject construction site and performed a stormwater discharge permit reconnaissance compliance inspection of the 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. Previous complaint-driven inspections were conducted at your site on ovember 28, 2007 and February 19, The April 16, 2009 inspection revealed the following violations: 1. Your construction site is not authorized to discharge stormwater under the Construction General Permit. This is in violation of the Arkansas Water and Air Pollution Control Act, Ark. Code Ann and Part 1.B.6.B of the Permit. This is a repeat violation. Road building, road grading and tree grubbing has resulted in over 5 acres of soil disturbance on your site. You are required to obtain a stormwater discharge permit for this large construction site and implement a stormwater pollution prevention plan (SWPPP). In accordance with Part 1.B.6.B of the Permit, you are required to submit the following: a. A otice of Intent (OI) in accordance with the requirements of Part 1.B.7 of the Permit; b. A complete SWPPP in accordance with the requirements of Part II.A of the Permit; c. An initial permit fee must accompany the OI under the provisions of APCEC Regulation o Transport of sediment from the construction site causing pollution to the waters of the State. This is in violation of the Arkansas Water and Air Pollution Control Act, Ark. Code Ann (a)(1). Several roads on your property have been constructed and/or graded. Several large areas have been cleared and grubbed. Sediment and erosion controls were found to be inadequate in many of these areas. Of particular concern are the conditions along Water Fall Way in Hoot Owl Hollow (see attached photos). The natural drainage over which a portion of this road was constructed has been polluted with sediment as a result of your construction activities. This area of disturbance is within yards of Beaver Lake, and has likely impacted Beaver Lake with sediment during and following rain events.

2 Fred Self, Soil Disturbing Activities, Hoot Owl Hollow, Garfield April 22, 2009 Page 2 This area and all other disturbed areas must be stabilized. Until the criteria for final stabilization have been met, sediment and erosion controls must be implemented as necessary to prevent further impact to the waters of the State. The above items require your immediate attention. Please submit a written response to these findings to: Ms. Cindy Garner, Technical Assistance Manager Water Division Enforcement Branch Arkansas Department of Environmental Quality 5301 orthshore Drive orth Little Rock, AR This response should contain detailed documentation, including photographs, 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 May 13, 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 , ext. 16. Sincerely, District 1 Field Inspector Water Division cc: Water Division Enforcement Branch Water Division Permits Branch Storm Water Report Page 2

3 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 A R R R 19 S 20 2 U P E R M I T T E D 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) Soil Disturbing Activities, Hoot Owl Hollow, Beaver Lake East of Hwy 127 in Hoot Owl Hollow drainage Garfield, Arkansas Entry Time/Date 0935 / Exit Time/Date 1120 / Permit Effective Date Unpermitted Permit Expiration Date October 31, 2011 ame(s) of On-Site Representative(s)/Title(s)/Phone and Fax umber(s) Fred Self, Owner, (cell) ame, Address of Responsible Official/Title/Phone and Fax umber Mr. Fred Self, Owner P.O. Box 2768 Rogers, Arkansas (cell) Yes Contacted o Other Facility Data , 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 U Sampling Pollution Prevention U Facility Site Review Compliance Schedules Pretreatment Multimedia U Effluent/Receiving Waters Laboratory Storm Water Other: The following violations were noted: Section D: Summary of Findings/Comments (Attach additional sheets if necessary) Failure to obtain a PDES Stormwater Discharge Permit for the construction site. This is a repeat violation. Placement of waste in such a manner that it has caused pollution to the waters of the State. ame(s) and Signature(s) of Inspector(s) Agency/Office/Telephone/Fax Date AR Dept. of Environmental Quality-Fayetteville , ext. 16 / /22/09 Signature of Reviewer Agency/Office/Phone and Fax umbers Date Storm Water Report Page 3

4 1 Of 12 Date: 04/16/09 Time: 1029 Road (Water Fall Way) constructed across natural drainage in Hoot Owl Hollow. Area within 150 yds of Beaver Lake. ote formation of gullies in slopes over creek. o sediment and erosion controls emplaced. 2 Of 12 Date: 04/16/09 Time: 1029 Closer view showing erosion of road into creek (gully formation). Storm Water Report Page 4

5 3 Of 12 Date: 04/16/09 Time: 1030 Sediment eroded from road construction activities (photos 1 & 2) present in creek. 4 Of 12 Date: 04/16/09 Time: 1035 Beaver Lake below disturbed area seen in previous photos. Storm Water Report Page 5

6 5 Of 12 Date: 04/16/09 Time: 1038 Sediment from road constructed over creek deposited in creek & filling culvert under road. Downstream side. 6 Of 12 Date: 04/16/09 Time: 1041 Sediment from road constructed over creek filling culvert under road. Upstream side. Storm Water Report Page 6

7 7 Of 12 Date: 04/16/09 Time: 1040 Sediment from clearing and road construction eroded from slopes and deposited in creek. Located just upstream from road constructed over creek. 8 Of 12 Date: 04/16/09 Time: 1039 Cleared/grubbed area just upstream from road built over creek. o BMPs. Storm Water Report Page 7

8 9 Of 12 Date: 04/16/09 Time: 1041 Erosion of sediment from disturbed area deposited in creek. 10 Of 12 Date: 04/16/09 Time: 1027 Another disturbed area on Water Fall Way. o controls below road construction above drainage. Storm Water Report Page 8

9 11 Of 12 Date: 04/16/09 Time: 1059 Several acres of cleared/grubbed area. 12 Of 12 Date: 04/16/09 Time: 1011 Large cleared/grubbed area. Storm Water Report Page 9

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