May 22, 2008 Mr. Tim Tyler TRWME Properties, LLC 240 Hwy. 65 N Conway, AR 72032 RE: Royal Oaks Vista Subdivision Site AFIN: 12-00272 NPDES Permit No.: ARR150472 Dear Mr. Tyler: On March 26, 2008, I performed a complaint investigation alleging sediment leaving the property and flowing into Greers Ferry Lake along with a storm water permit compliance assessment of the above referenced construction site in accordance with the provisions of Federal Clean Water Act, the Arkansas Water and Air Pollution Control Act, and the regulations promulgated thereunder. The inspection revealed the following violations. Sediment several inches deep was observed in the ditch in your subdivision. It appeared that the sediment had washed from several lots in the subdivision. This ditch flows into Greers Ferry Lake. This is a violation of the Arkansas Water and Air Pollution Control Act, (8-4-217), a, 2. The following violations of the permit were noted: 1. No (Construction Site Posting for Medium and Large Construction Sites) was onsite, which includes the Storm Water Construction General Permit Certificate, a copy of the NOI confirmation letter, or other indication that storm water discharges from the site are covered under an NPDES permit. This is required under the NPDES permit that this information is posted in a prominent place for public viewing. This is a violation of Part I, Section B, Item 7, e, of the permit. 2. A Storm Water Pollution Prevention Plan (SWPPP) was not being retained and available on site as required by the NPDES permit. This is a violation of Part II, Section A, Item 2, a, and Section B, Item 1, b, of the permit. 3 Inspections of the construction site and control structures were not being performed every 14 days and within 24 hours after a storm event that is 0.5 inches or greater of rainfall. This is a violation of Part II, Section A, Item 4, e, of the permit. The records of the inspections must be retained on site as required in Part II, Section B, Item 1, a, of the permit. 4. No documentation of measuring rainfall data on site to show a storm event greater than 0.5 inches. This is a violation of Part II, Section A, Item 4, e, of the permit.
Tim Tyler Royal Oaks Subdivision Site May 22, 2008 Page 2 5. Structure controls or stabilization practices inadequate to control and/ or prevent sediment from leaving off site. This is a violation of Part I, Section C, Item 3, a, and Part II, Section B, Item 17, of the permit. The above items require your immediate attention. Please submit a written response to these findings to the Water Division Enforcement Section of this Department at the following address: Water Division Enforcement Section Arkansas Department of Environmental Quality 5301 Northshore Drive North Little Rock, AR 72118-5317 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 June 12, 2008. For additional information you may contact the enforcement section 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 Field Inspector Water Division cc: Water Division Enforcement Branch Water Division Permits Branch NPDES Report Page 2
ADEQ Water NPDES Inspection AFIN: 12-00272 Permit #: ARR150427 Form Approved OMB No. 2040-0003 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Washington, D.C. 20460 NPDES Compliance Inspection Report 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 4 2 7 11 12 0 8 0 3 2 6 17 18 W 19 S 20 2 A F I N 1 2-0 0 2 7 2 Remarks Inspection Work Days Facility Evaluation Rating BI QA -------------------------------Reserved------------------------------ 67 69 70 N 71 N 72 N 73 74 75 80 Section B: Facility Data Name and Location of Facility Inspected (For industrial users discharging to POTW, also include POTW name and NPDES permit number) Royal Oaks Vista Subdivision Site 98 Narrows Lane approx. ¼ mile off Highway #16 at Higden, Arkansas (Cleburne County) Entry Time/Date 1245 / 3-26-08 Exit Time/Date 1345 / 3-26-08 Permit Effective Date August 12, 2004 Permit Expiration Date October 31, 2008 Name(s) of On-Site Representative(s)/Title(s)/Phone and Fax Number(s) No onsite representative (Contact person Mr. Rick Edwards) Cell (501-514-5265) Name, Address of Responsible Official/Title/Phone and Fax Number Mr. Tim Tyler TRWME Properties, LLC 240 Hwy. 65N Conway, AR 72032 Yes Contacted No Other Facility Data Lat. 35 34 342.33 Long. -92 11 30.55 S U Permit Records/Reports N N Section C: Areas Evaluated During Inspection (S = Satisfactory, M = Marginal, U = Unsatisfactory, N = Not Evaluated) Flow Measurement Self-Monitoring Program N N Operations & Maintenance Sludge Handling/Disposal N N Sampling Pollution Prevention U N N N Facility Site Review Compliance Schedules Pretreatment Multimedia U N U N Effluent/Receiving Waters Laboratory Storm Water Other: Section D: Summary of Findings/Comments (Attach additional sheets if necessary) The following violation was noted and the following violations of the (Large Site) permit were noted: Sediment had washed into the street ditch from several places off of the construction site. This is a violation of the Arkansas Water and Air Pollution Control Act (8-4-217) 1. No (Construction Site Posting for Medium and Large Construction Sites) was onsite. This is a violation of Part I, Section B, Item 7, e, of the permit 2. The SWPPP was not available on site. This is a violation of Part II, Section A, Item 2, a, and Section B, Item 1, b, of the permit. 3. Inspections not being performed and control structures not performed every 14 days and within 24 hours after storm event.05 inches or greater of rainfall. This is a violation of Part II, Section A, Item 4, e, of the permit. No records of inspections retained on site. This is a violation of Part II, Section B, Item 1, a, of the permit. 4. No documentation of rainfall data on site to show a storm event of 0.5 or greater. This is a violation of Part II, Section A, Item 4, e, of the permit. 5. Structure controls inadequate to prevent sediment from leaving the site. This is a violation of Part I, Section C, Item 3, a, and Part II, Section B, Item 17, of the permit. Name(s) and Signature(s) of Inspector(s) Agency/Office/Telephone/Fax Date AR Dept. of Environmental Quality-Batesville April 25, 2008 870-793-5819 / FAX 870-793-5814 Mike Kennedy Signature of Reviewer Agency/Office/Phone and Fax Numbers Date NPDES Report Page 3
ADEQ Water NPDES Inspection AFIN: 12-00272 Permit #: ARR150427 O CONSTRUCTION SITE STORM WATER ASSESSMENT O Site name: Royal Oaks Vista Subdivision Site Permit No. ARR150427 ~GPS COORDINATES: Latitude 35 34 342.33 Longitude -92 11 30.55 Date: March 26, 2008 Area of site: Total acreage_ 10 Acreage disturbed_ 6 Construction start date: Unknown Site information: Nature of project Residential O Commercial G Industrial Other G Construction Stage Clearing/grubbing O Building const. O Rough grading O Final stabilization Infrastructure Other Permit type O General Individual N/A Permit notice/sign visibly posted Yes O No N/A SWPPP prepared and available on site Yes O No List Stabilization Practices (eg seeding, mulching, geotextiles, etc.) Are Stabilization Practices Satisfactory Yes O No N/A List erosion controls being used: (Silt Fencing) Are erosion controls satisfactory? Yes O No Is the owner or operator properly operating and maintaining all facilities and systems of treatment and controls? Yes O No N/A Evidence of off site tracking noted at site. G Yes O No Evidence of sediment from construction site entering Waters of the State: O Yes G No Evidence of sediment leaving the site: O Yes No Are inspections conducted and records kept in accordance with the requirements of the permit? Yes O No N/A Is there a rain gauge on site? Yes O No Are daily rainfall totals recorded? Yes O No If other than by rain gauge how? NPDES Report Page 4
ADEQ Water NPDES Inspection AFIN: 12-00272 Permit #: ARR150427 ARR150427 Royal Oaks Vista Subdivision Site April 25, 2008 Page 3 Additional Comments: On the date of the inspection there was visible evidence that sediment had left property and entered waters of the state. Sediment had washed from several places into the street ditch that runs through the subdivision. Water from this ditch flows under Narrows Lane then to Greers Ferry Lake approximately 125 yards south. This subdivision had several bare lots. There was evidence of old silt fencing, but the fencing had not been maintained for a long time. NPDES Report Page 5
ADEQ Water NPDES Inspection AFIN: 12-00272 Permit #: ARR150427 Water Division NPDES Photographic Evidence Sheet Royal Oaks Vista Site on 98 Narrows Lane off Highway #16 approximately 1 mile west of Greers Location: Ferry, Arkansas (Cleburne County) Photographer: Mike Kennedy Witness: None Photo # 1 Of 6 Date: 3-26-08 Time: 1200 Description: This view is looking back west at the subdivision, note this lot is bare of vegetative cover. Photographer: Mike Kennedy Witness: None Photo # 2 Of 6 Date: 3-26-08 Time: 1203 Looking farther up into the subdivision, these homes have not been occupied, the subdivision Description: was condemned by court order. NPDES Report Page 6
ADEQ Water NPDES Inspection AFIN: 12-00272 Permit #: ARR150427 Water Division NPDES Photographic Evidence Sheet Royal Oaks Vista Site on 98 Narrows Lane off Highway #16 approximately 1 mile west of Greers Location: Ferry, Arkansas (Cleburne County) Photographer: Mike Kennedy Witness: None Photo # 3 Of 6 Date: 3-26-08 Time: 1204 Description: This view is east of the entrance of the subdivision, note sediment washed into street ditch. Photographer: Mike Kennedy Witness: None Photo # 4 Of 6 Date: 3-26-08 Time: 1206 Description: This is another view of the lot above looking south from the other side of the subdivision. NPDES Report Page 7
ADEQ Water NPDES Inspection AFIN: 12-00272 Permit #: ARR150427 Water Division NPDES Photographic Evidence Sheet Royal Oaks Vista Site on 98 Narrows Lane off Highway #16 approximately 1 mile west of Greers Location: Ferry, Arkansas (Cleburne County) Photographer: Mike Kennedy Witness: None Photo # 5 Of 6 Date: 3-26-08 Time: 1206 Description: This view on the north side of the subdivision shows more lots nearly bare of cover. Photographer: Mike Kennedy Witness: None Photo # 6 Of 6 Date: 3-26-08 Time: 1200 The sediment from the subdivision flowed west under Narrows Lane approx. 125 yards to Description: Greers Ferry Lake. NPDES Report Page 8
August 14, 2008 Tim Tyler TRWME Properties, LLC 240 Hwy 65 N Conway, AR 72032 RE: Royal Oaks Vista Subdivision, NPDES Permit Tracking Number ARR150427, AFIN 12-00272, Inspection of March 26, 2008 Dear Mr. Tyler: On March 26, 2008, a complaint investigation was conducted at the Royal Oaks Vista Subdivision site located in Cleburne County. A copy of the inspection report is included with this letter. Notice of the Inspection was mailed to you on May 22, 2008. The Department received from you a copy of a Quit Claim Deed on the property. As of the date of this letter, the Permit is still in your name. The Permit holder has the responsibility for meeting the requirements of the Permit. Information along with the necessary forms for transferring the Permit to Mr. John Hawks was sent by our office on May 29, 2008 to Mr. Jim Hawks. The Permit transfer information has not been received by our Permits Branch; therefore, it is your responsibility to respond to the inspection findings. Please submit a response to the inspection findings, and any mitigating circumstances you wish the Department to consider prior to initiating formal enforcement actions, to the Department, by August 27, 2008. Thank you for your attention to this matter. Should you have any questions, feel free to contact me at 501-682-0630 or you may e-mail me at stout@adeq.state.ar.us. Sincerely, Marilyn Stout Program Support Manager Water Division Enforcement Section Cc: Eric Fleming, Technical Assistance Manager Water Division, Field Services Branch