June 18, 2009 Mr. Gary Carter 4700 Darr Hill Road Jonesboro, AR 72404 RE: Complaint Investigation & Compliance Inspection AFIN: 33-00000 NPDES Permit No.: ARR150000 Dear Mr. Carter: On June 2, 2009, I performed a complaint investigation along with a compliance inspection of your facility 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:

An observation of the facility revealed that sediment had left the site flowing to the southwest and had gotten into a wet weather branch on the west side of the site. This is a violation of the Arkansas Water and Air Pollution Control Act (8-4-217), a, 2.

Although you are automatically covered under the Construction General Permit (Small Site) the following items were observed as violations of the permit: 1. The facility did not have a Notice of Coverage (NOC) posted near the main entrance of the

site. This is a violation of Part II, Section A, Item 2, D, of the permit. 2. The Stormwater Pollution Prevention Plan (SWPPP) was not being retained on the site.

This is a violation of Part II, Section A, Item 2, A, of the permit. 3. The facility was not properly maintaining control measures to achieve compliance with

conditions of the permit. This is a violation of Part II, Section B, Item 17, A, of the permit. 4. The facility was not maintaining Inspection Records on the site as part of the SWPPP.

This is a violation of Part II, Section A, Item 4, M, 3, of the permit. The above items require your immediate attention. Please submit a written response to these findings to Cindy Garner, Technical Assistance Manager, Water Division Enforcement Branch of this Department at the following address.

Water Division Enforcement Branch Arkansas Department of Environmental Quality 5301 Northshore Drive North Little Rock, AR 72118-5317

Mr. Gary Carter June 18, 2009 Page 2

NPDES Report Page 2

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 2, 2009. For additional information you may contact the enforcement branch by telephone at 501-682-0639 or by fax at 501-682-0910. If I can be of any assistance, please contact me at 870-793-5819. Sincerely,

Mike Kennedy District 11 Water Division cc: Water Division Enforcement Branch

Water Division Permits Branch

ADEQ Water NPDES Inspection AFIN: 33-00000 Permit #: ARR150000

NPDES Report Page 3

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Washington, D.C. 20460

NPDES Compliance Inspection Report

Form Approved OMB No. 2040-0003

Section A: National Data System Coding

Transaction Code

NPDES

Yr/Mo/Day

Inspec. Type

Inspector

Fac. Type

1 N 2 5 3 A R R 1 5 0 0 0 0 11 12 0 9 0 6 0 2 17 18 R 19 S 20 2

Remarks

A F I N 3 3 - 0 0 0 0 0 Inspection Work Days

Facility Evaluation Rating

BI

QA

-------------------------------Reserved------------------------------

67

69

70 2

71

N

72

N

73

74

75

80

Section B: Facility Data

Entry Time/Date 1215 / 6-2-09

Permit Effective Date November 1, 2008

Name and Location of Facility Inspected (For industrial users discharging to POTW, also include POTW name and NPDES permit number) Gary Carter Site Approx. 1/4 mile east on Church Street in Horseshoe Bend, AR. (Izard County)

Exit Time/Date 1315/ 6-2-09

Permit Expiration Date October 31, 2011

Name(s) of On-Site Representative(s)/Title(s)/Phone and Fax Number(s) Gary and Suzie Carter – Owner 870-530-1955 No one on the site

Other Facility Data N36.216537º W-91.750078º

Contacted

Yes No

Name, Address of Responsible Official/Title/Phone and Fax Number Gary Carter – Owner 870-530-1955 4700 Darr Hill Road Jonesboro, AR 72404

Section C: Areas Evaluated During Inspection (S = Satisfactory, M = Marginal, U = Unsatisfactory, N = Not Evaluated)

N U N S Sampling Operations & Maintenance Flow Measurement Permit

N N U U Pollution Prevention Sludge Handling/Disposal Self-Monitoring Program Records/Reports

U N N N Facility Site Review Compliance Schedules Pretreatment Multimedia

M N U N Effluent/Receiving Waters Laboratory Storm Water Other: Section D: Summary of Findings/Comments (Attach additional sheets if necessary) An observation of the facility revealed that sediment had washed onto neighboring property from 3 different places. This is a violation of the Arkansas Water and Air Pollution Control Act (8-4-217) a, 2. The following items are violations of the Construction General Permit (Small Site): 1. The facility did not have a Notice of Coverage (NOC) posted near the main entrance of the site. This is a violation of Part II, Section A, Item 2, D, of the permit. 2. The Stormwater Pollution Prevention Plan (SWPPP) was not being retained on the site. This is a violation of Part II, Section A, Item 2, A, of the permit. 3. The facility was not properly maintaining control measures to achieve compliance with conditions of the permit. This is a violation of Part II, Section B, 17, A, of

the permit. 4. The facility was not maintaining Inspection Records on the site as part of the SWPPP. This is a violation of Part II, Section A, Item 4, M, 3, of the permit.

Name(s) and Signature(s) of Inspector(s) Agency/Office/Telephone/Fax Date AR Dept. of Environmental Quality-Batesville June 18, 2009 870-793-5819 / Fax 870-793-5814

Mike Kennedy Signature of Reviewer Agency/Office/Phone and Fax Numbers Date

ADEQ Water NPDES Inspection AFIN: 33-00000 Permit #: ARR150000

NPDES Report Page 4

Water Division NPDES Photographic Evidence Sheet Location: Approx. ¼ mile east on Church Street in Horseshoe Bend, AR. (Izard Co.) Photographer: Witness: Mike Kennedy None

Photo # Of 1 8 Date: Time: 6-2-09 1229 Description: This is the sign at the site entrance.

Photographer: Witness: Mike Kennedy None Photo # Of Date: Time: 2 8 6-2-09 1228 Description: A view of the built up construction pad at the site looking from northeast to southwest.

ADEQ Water NPDES Inspection AFIN: 33-00000 Permit #: ARR150000

NPDES Report Page 5

Water Division NPDES Photographic Evidence Sheet Location: Approx. ¼ mile east on Church Street in Horseshoe Bend, AR. (Izard Co.) Photographer: Witness: Mike Kennedy None Photo # Of 3 8 Date: Time: 6-2-09 1230

Looking at the northwest corner of the site from north to south. Note washing of sediment from north to roughly southwest. Description:

Photographer: Witness: Mike Kennedy None Photo # Of Date: Time: 4 8 6-2-09 1233

A view of the southwest side of the construction pad. It appeared that silt fencing was installed after most of the erosion had already taken place. Description:

ADEQ Water NPDES Inspection AFIN: 33-00000 Permit #: ARR150000

NPDES Report Page 6

Water Division NPDES Photographic Evidence Sheet Location: Approx. ¼ mile east on Church Street in Horseshoe Bend, AR. (Izard Co.) Photographer: Witness: Mike Kennedy None Photo # Of 5 8 Date: Time: 6-2-09 1233 Description: Most erosion from the site flowed down to the southwest corner, then off of the site.

Photographer: Witness: Mike Kennedy None Photo # Of Date: Time: 6 8 6-2-09 1234

Opposite side of silt fencing from picture #5. Note silt fencing not installed properly. Sediment washed under the fencing. Description:

ADEQ Water NPDES Inspection AFIN: 33-00000 Permit #: ARR150000

NPDES Report Page 7

Water Division NPDES Photographic Evidence Sheet Location: Approx. ¼ mile east on Church Street in Horseshoe Bend, AR. (Izard Co.) Photographer: Witness: Mike Kennedy None Photo # Of 7 8 Date: Time: 6-2-09 1231

Looking at the southwest corner of the site where sediment washed off of the site into a wet weather branch. Silt fencing appeared to have been installed after most of the erosion. Description:

Photographer: Witness: Mike Kennedy None Photo # Of Date: Time: 8 8 6-2-09 1234

Sediment washed from the southwest corner of the site into a wet weather branch on the west side of the site. Description:

July 28, 2009 Mr. Gary Carter Mrs. Susie Carter 4700 Darr Hill Road Jonesboro, AR 72404 RE: Complaint Inspection, Permit Tracking Number ARR150000, AFIN 33-00000 Inspection of June 2, 2009. Dear Mr. and Mrs. Carter : The Department has received your response to the inspection of your Facility, dated July 2, 2009. The response has been deemed deficient for the following reasons: 1. The response did not contain sufficient documentation that the silt fencing, hay

bales and other actions utilized to stabilize your site were done as required by the Permit. Please supply this office with photographs showing this action was taken.

Please submit an adequate response by August 12, 2009. Failure to adequately respond by this date will be considered in determining the enforcement action, if required, for this construction site. Thank you for your attention to this matter. Should you have any questions, feel free to contact me at 501-682-0636 or you may e-mail me at boycej@adeq.state.ar.us. Sincerely,

James D. Boyce Enforcement Administrator Water Division Enforcement Section

August 19, 2009 Mr. Gary Carter 4700 Darr Hill Rd. Jonesboro, AR 72404 RE: Construction Site, NPDES Permit No. AR 150000, AFIN 33-00000, Response to Inspection Dear Mr. Carter: The Department has received your response to the June 2, 2009 inspection of your site by our District Field Inspector, Mike Kennedy. Your letter appears to adequately address the discrepancies identified during the visit. The Department assumes 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 company 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. Should you have any questions, feel free to contact me at 501-682-0636 or you may e-mail me at boycej@adeq.state.ar.us. Sincerely, David Boyce Enforcement Analyst Water Division Enforcement Branch