September 16, Honorable Judge Preston Scroggins Faulkner County 801 Locust Street Conway, AR Re: Complaint Investigation

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1 September 16, 2009 Honorable Judge Preston Scroggins Faulkner County 801 Locust Street Conway, AR Re: Complaint Investigation Dear Judge Scroggins: On September 10, 2009, I performed an investigation at the intersection of West Republican and Cash Springs roads in response to a complaint. The complaint alleged that two branches of a stream had been cleaned out and the bed and riparian is now comprised of exposed soil with no erosion controls, water breaks, or seeding. The investigation revealed that you are in violation of the Arkansas Water and Air Pollution Control Act, the federal Clean Water Act and the regulations promulgated thereunder. Specifically I found the following violation: The area between the old and new sections of Cash Springs Road has not been stabilized and is eroding to a tributary of Peavine Creek causing pollution to waters of the state and violating the Arkansas Water and Air Pollution Control Act (a) (1). Immediate action is needed to control the sediment erosion and stabilized the area. The above item requires your immediate attention. Please submit a written response to these findings to Ms. Cindy Garner, Water Division Enforcement Branch Manager. The response should be mailed to the address below. Your 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 September 26, 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 Sincerely, Amy Beck District 5 Field Inspector Water Division cc: Enforcement Branch Permits Branch

2 FOR OFFICE USE ONLY: AIR HW RST SW WATER MINING ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY 5301 Northshore Drive, North Little Rock, AR COMPLAINT REPORT GPS: N, W AFIN#: NA PERMIT#: NA DATE RECEIVED: September 1, 2009 COMPLAINANT NAME: U.S. Fish & Wildlife Service COUNTY: Faulkner COMPLAINT AGAINST: Faulkner County Road Dept. ADDRESS: 110 S. Amity Rd, Conway, AR ADDRESS: 801 Locust St, Conway, AR PHONE: PHONE: PERSON RECEIVING REPORT: DATE: SUPERVISOR REFERRAL: Dale Washam DATE: INSPECTOR REFERRED: DATE: MEDIA SUPERVISOR REFERRAL: DATE: PHONE REFERRAL CONTACT: DATE: RECEIVING INSPECTOR: Amy Beck DATE: DESCRIPTION (IN DETAIL) Two branches of a small stream have been cleaned out for ~100 yards. The vegetation has been completely removed and the creek bed and riparian is now comprised of exposed soil with no erosion controls, water breaks, seeding, or other sediment controls. This is a tributary of Peavine Creek which is a tributary of Cadron Creek. In addition, this vicinity has had numerous cumulative impacts to Peavine and Cadron Creeks within the past two years that remain unresolved and continue to contribute sediment to these streams. LOCATION (IN DETAIL) At the intersection of Cash Springs Road and W. Republican Road, near Republican, AR PREVIOUS COMPLAINT? G YES NO DATES: DISCHARGE TO STREAM? YES G NO NAME OF STREAM: Tributaries of Peavine Creek HOW COMPLAINT WAS RECEIVED: G PHONE G LETTER G VERBAL G FAX Page 2

3 FOLLOW UP ON COMPLAINT COMPLAINT #: AFIN #:NA INSPECTOR: Amy Beck DATE: September 10, 2009 ACTION TAKEN: PHOTOS TAKEN: yes On September 10, 2009, I visited the site and confirmed significant sediment is being deposited into the unnamed tributaries of Peavine Creek. A portion of Cash Springs Road has been moved from east of the creek to west of the creek. The area between the old and new road has not been stabilized and there are no erosion controls in place. The work appears to be fairly recent as track marks are visible and there are no weeds or other vegetation growing. On September 14, 2009, I contacted Mr. Glen Willhite, Road Foreman for Faulkner County. He stated the road had been moved approximately one year ago for safety reasons. He stated no alterations had occurred to the creek, just the surrounding areas. I told him there was a problem with the sediment entering the creek, and he stated he would get the area stabilized. FURTHER ACTION TAKEN/TO BE TAKEN: The county must send a response to this report to the Water Enforcement Branch. INSPECTOR SIGNATURE: DATE: HOURS WORKED: 1.5 Page 3

4 Location: Arkansas Department of Environmental Quality (ADEQ) Official Photograph Sheet Intersection of Cash Springs Road and W. Republican Road in Faulkner Co. Photographer: Amy Beck Witness: None Photo # 1 Of 4 Date: Time: 1142 Description: Sediment from the unstabilized area is entering the creek. The new portion of Cash Springs Road is shown left of the creek. Photographer: Amy Beck Witness: None Photo # 2 Of 4 Date: Time: 1143 Description: There are no erosion controls and the stream bed is embedded with silt. Page 4

5 Location: Arkansas Department of Environmental Quality (ADEQ) Official Photograph Sheet Intersection of Cash Springs Road and W. Republican Road in Faulkner Co. Photographer: Amy Beck Witness: None Photo # 3 Of 4 Date: Time: 1145 Description: Confluence of two affected branches of the tributary. Note sediment deposits in the creek. Photographer: Amy Beck Witness: None Photo # 4 Of 4 Date: Time: 1149 Description: Tracks are visible in the bare area. Page 5

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7 September 30, 2009 Friendship Baptist Church 170 Cash Springs Road Greenbrier, AR RE: Complaint investigation at the intersection of West Republican and Cash Springs roads in Greenbrier, Arkansas Dear Friendship Baptist Church: On September 10, 2009, ADEQ District Field Inspector Amy Beck conducted a complaint investigation regarding pollution caused by cleaning out a stream at the intersection of West Republican and Cash Springs roads in Greenbrier. Believing the responsible party to be Faulkner County, Ms. Beck sent County Judge Preston Scroggins a letter, a copy of which is enclosed, with the findings from that inspection. A copy of Judge Scroggins response is also enclosed. It appears Friendship Baptist Church is responsible for the actions at the site. Therefore, please submit a written response to the problems found during the inspection no later than October 14, Please address your letter to Water Division Enforcement Branch Manager Cindy Garner at the address below. The Department will keep the inspection and your response on file and will consider them in determining the amount of a civil penalty, if required, that may be necessary for any violations. Please note that Arkansas Pollution Control and Ecology Commission Regulation No. 7: Civil Penalties requires the Department to consider several factors when determining a civil penalty. Enclosed for your information with this letter is a list of the Regulation 7 factors, among which are the past compliance history of your company and how expeditiously violations are addressed. Thank you for your attention to this matter. Should you have any questions, please contact Cindy Garner by phone at or at garner@adeq.state.ar.us. Sincerely, Anne Roberts Enforcement Analyst Enforcement Branch Water Division Enclosures

8 Arkansas Pollution Control and Ecology Commission Regulation No. 7 Civil Penalties Section 9. Determination of Amount In determining the amount of a civil penalty to be assessed hereunder, the Department shall consider the following factors which may increase or decrease the amount of the assessed fine: (a) The seriousness of the noncompliance and its effect upon the environment, including the degree of potential or actual risk or harm to the public health caused by the violation. (b) Whether the cause of the noncompliance was an unavoidable accident. (c) The violator's cooperativeness and expeditious efforts to correct the violation. (d) The history of a violator in taking all reasonable steps or procedures necessary or appropriate to correct any noncompliance. (e) The violator's history of previous documented violations regardless of whether or not any administrative, civil, or criminal proceeding was commenced therefore. (f) Whether the cause of the violation was an intentional act or omission on the part of the violator. (g) Whether the noncompliance has resulted in economic benefit or pecuniary gain to the violator, including but not limited to cost avoidance. (h) Whether the pursuit and the execution of the enforcement action has resulted in unusual or extraordinary costs to the Department or the public. (i) Whether any part of the noncompliance is attributable to the action or inaction of the state government. (j) Whether the violator has delayed corrective action.

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