January 12, Steven Myers, Owner Myers Farm / Myers Farm #2 197 Wynn Rd. Nashville, AR WG-AW-3. Dear Mr.

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1 January 12, 2011 teven Myers, Owner Myers Farm / Myers Farm #2 197 Wynn Rd. Nashville, AR AFIN: Permit No.: 2540-WG-AW WG-AW-3 Dear Mr. Myers: On January 6, 2011, I performed a routine compliance inspection of your facilities in accordance with the provisions of the Arkansas Water and Air Pollution Control Act and the regulations promulgated thereunder. This inspection revealed the following violations: The holding ponds at both locations were above the required freeboard. At the Myers Farm, the freeboard was at 17 inches with a permit requirement of 21 inches. At the Myers Farm #2, the freeboard was at 19 inches with a permit requirement of 20 inches. The above items require your immediate attention. Please submit a written response to these findings to Cindy Garner, Water Division Enforcement Branch Manager, of this Department. This response should be mailed to the address below. 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 is due by January 22, If I can be of any assistance, please feel free to contact me at incerely, han Lynch District Field Inspector Water Division cc: Enforcement Branch

2 ARKANA DEPARTMENT OF ENVIRONMENTAL QUALITY Agricultural Permit Inspection Report Inspection Date AFIN Number Permit Number County Compliance tatus WG-AW-2 Howard OUT Facility Name and Location Name of Responsible Official Mailing Address Myers Farm teven Myers 197 Wynn Rd. 5 ½ miles north of Nashville off of Phone Number Nashville, AR Corinth Rd. on Wynn Rd Legal Description Name of Person Contacted Title ec. 25 Tns. 8 Rng. 27 W teven Myers Owner Grow or Produce for: Cargill Design Animal Type and Capacity 504 sow / farrowing operation Evaluate the Following Areas: -atisfactory M-Marginal U--Unsatisfactory N/A-Not Evaluated Part 1 - Operation and Maintenance (a) No discharge of wastewater from basins, lagoons, holding pond, and/or pits. (b) No leaks or seeps in waste holding/disposal system. (c) Adequate freeboard was found at basins, lagoons, holding ponds, and/or pits. U Estimate freeboard: 17 (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: ( prinkler irrigation ) (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 Noted in Operation and Maintenance ection N 1, c The freeboard on the holding pond was at 17. The permit requires 21. Part 2 - ampling (a) Waste/wastewater sampled and analyzed for parameters as required by the permit and/or Reg. 5. (b) oil at the land application sites sampled and analyzed as required by the permit and/or Reg 5. (c) ampling and analytical methods meet the terms and conditions of the permit and/or Reg 5. N

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 and 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 ection Part 4 - General (a) All waste streams at the facility are covered under permit. (b) No waste placed in a location where it is likely to cause pollution to the waters of the tate. (c) No visible effects on nearby waters of the tate due to permitted waste system. (d) Dead animals properly disposed. [ ] Composter [ ] On-site Burial [ ] Renderer [X] Incinerator [ ] Other (pecify ) Comments/Violations noted in General ection Part 5 - Recurring/Highlighted Violations (List all Recurring and/or Highlighted Violations of Permit Conditions) Photos Take During Inspection: no amples Taken: no Inspector Name: ignature of Reviewer: han Lynch / Eric Fleming Date of Report January 7, 2011 Date of Review 1/7/11

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6 March 25, 2011 teven Myers, Owner Myers Farm / Myers Farm #2 197 Wynn Rd. Nashville, AR RE: Permit No.: 2540-WG-AW-2 AFIN: WG-AW Dear Mr. Myers: The Department has received your response to the January 6, 2011 routine compliance inspection of your facilities by our District Field Inspector, han Lynch. Your response has been deemed deficient for the following reason: The Department requires that you send additional documentation (photos) of the pond levels. A copy of the inspection report and the inadequate response are included with this letter for your review. Please submit an adequate response by April 11, Failure to adequately respond by this date will be considered in determining the enforcement action, if required, for this facility. Thank you for your attention to this matter. hould you have any questions, feel free to contact me at or you may me at sawyer@adeq.state.ar.us. incerely, am awyer Enforcement Coordinator Water Division Enforcement ection

7 From: ent: Thursday, April 07, :23 AM To: awyer, am; ubject: photos of pond levels am awyer Enforcement Coordinator Water Division Enforcement ection ADEQ Attached to this are photos of current pond levels at both farms, as requested in your letter that I recieved regarding additional documentation (photos). Please let me know that you recieved this and if any other action or documentation would be required. Thank You, teven Myers Get Kodak prints of this picture, and all your other favorites, at

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13 April 14, 2011 teven Myers, Owner Myers Farm / Myers Farm #2 197 Wynn Rd. Nashville, AR RE: Permit No.: 2540-WG-AW-2 AFIN: WG-AW Dear Mr. Myers: The Department has received your response to the January 6, 2011 inspection of your facilities by our District Field Inspector, han Lynch. Your letter appears to adequately address the discrepancies identified during the visit. The Department expects the corrective actions taken will be maintained to ensure consistent compliance with the requirements of the permit. Acceptance of this response by the Department does not preclude any future enforcement action deemed necessary at this site or any other site. The Department will keep the inspection and response on file. If future violations occur that require enforcement action, the Department will consider the inspection and response as required by the Pollution Control and Ecology Commission Regulation No. 7, Civil Penalties. This regulation requires the Department to consider the past history of your site and how expeditiously the violations were addressed in determining any civil penalty that may be necessary for any future violations. If we need further information concerning this matter, we will contact you. Thank you for your attention to this matter. hould you have any questions, feel free to contact me at or you may me at carlsonm@adeq.state.ar.us. incerely, Michelle Carlson Enforcement Analyst Water Division Enforcement Branch