alexander, ar 72002 npdes permit no.: arr150000, sioux ......npdes permit no.: arr150000, sioux...

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September 4, 2008 Mr. Aaron Briggs 19054 Vimy Ridge Road Alexander, AR 72002 NPDES Permit No.: ARR150000, Sioux Trail Subdivision Lot Owner Dear Mr. Briggs: On August 22, 2008, I performed a routine compliance inspection of the above referenced construction site in response to a complaint. The complaint alleged that silt and sediment was running off the construction site and onto an adjacent property. The inspection was conducted in accordance with the provisions of the Federal Clean Water Act, the Arkansas Water and Air Pollution Control Act, and the regulations promulgated thereunder. The inspection did find issues that will require corrective action on the part of the permit holder. Additionally, it was also revealed that the primary problem at this construction site is your lot at the entrance to the subdivision. Because this lot is part of a larger common plan, it is subject to the stormwater rules. Mr. Zachary T. Watson, District 9 Field Inspector noted this in correspondence to you dated July 25, 2007 (copy enclosed). This inspection revealed the complaint to be valid. The following violations were noted: 1. The construction site was not posted as required by Part I, Section B, paragraph 7e of the permit. 2. The stormwater pollution prevention plan was not onsite as required by Part II, Section B, paragraph 1b of the permit. 3. Inspections are not being conducted every 14 days or after a half inch rain event as required by Part II, Section A, paragraph 4e of the permit. There were no records on site. 4. Erosion control measures are not being properly maintained. Silt fencing was down and in need of repair and the small settling basin at the entrance to the property has failed. The permit in Part II, Section B, paragraph 17 requires all systems of control to be properly operated and maintained at all times. 5. Stabilization measures were not initiated as soon as practical in portions of the site where construction activities have temporarily or permanently ceased, but in no case more than 14 days after the construction activity in that portion of the site has temporarily or permanently ceased; this is a violation of Part II Section A: 4.b.i.A. of the permit. Your lot has not been stabilized and it has been more than a year since Mr. Watson conducted his inspection of your letter. 6. Silt and sediment getting off site and onto the neighboring property and to the waters of the state in violation of A.C.A. § 8-4-217. The above items require your immediate attention. Please submit a written response to these findings to the Water Division Enforcement Section of this Department when the violations have been corrected. 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 September 25, 2008.

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Page 1: Alexander, AR 72002 NPDES Permit No.: ARR150000, Sioux ......NPDES Permit No.: ARR150000, Sioux Trail Subdivision Lot Owner Dear Mr. Briggs: On August 22, 2008, I performed a routine

September 4, 2008 Mr. Aaron Briggs 19054 Vimy Ridge Road Alexander, AR 72002 NPDES Permit No.: ARR150000, Sioux Trail Subdivision Lot Owner Dear Mr. Briggs: On August 22, 2008, I performed a routine compliance inspection of the above referenced construction site in response to a complaint. The complaint alleged that silt and sediment was running off the construction site and onto an adjacent property. The inspection was conducted in accordance with the provisions of the Federal Clean Water Act, the Arkansas Water and Air Pollution Control Act, and the regulations promulgated thereunder. The inspection did find issues that will require corrective action on the part of the permit holder. Additionally, it was also revealed that the primary problem at this construction site is your lot at the entrance to the subdivision. Because this lot is part of a larger common plan, it is subject to the stormwater rules. Mr. Zachary T. Watson, District 9 Field Inspector noted this in correspondence to you dated July 25, 2007 (copy enclosed). This inspection revealed the complaint to be valid. The following violations were noted: 1. The construction site was not posted as required by Part I, Section B, paragraph 7e of the permit. 2. The stormwater pollution prevention plan was not onsite as required by Part II, Section B, paragraph 1b of the

permit. 3. Inspections are not being conducted every 14 days or after a half inch rain event as required by Part II, Section

A, paragraph 4e of the permit. There were no records on site. 4. Erosion control measures are not being properly maintained. Silt fencing was down and in need of repair and

the small settling basin at the entrance to the property has failed. The permit in Part II, Section B, paragraph 17 requires all systems of control to be properly operated and maintained at all times.

5. Stabilization measures were not initiated as soon as practical in portions of the site where construction

activities have temporarily or permanently ceased, but in no case more than 14 days after the construction activity in that portion of the site has temporarily or permanently ceased; this is a violation of Part II Section A: 4.b.i.A. of the permit. Your lot has not been stabilized and it has been more than a year since Mr. Watson conducted his inspection of your letter.

6. Silt and sediment getting off site and onto the neighboring property and to the waters of the state in violation of

A.C.A. § 8-4-217. The above items require your immediate attention. Please submit a written response to these findings to the Water Division Enforcement Section of this Department when the violations have been corrected. 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 September 25, 2008.

Page 2: Alexander, AR 72002 NPDES Permit No.: ARR150000, Sioux ......NPDES Permit No.: ARR150000, Sioux Trail Subdivision Lot Owner Dear Mr. Briggs: On August 22, 2008, I performed a routine

Mr. Aaron Briggs, Lot Owner, Sioux Trail Subdivision September 4, 2008 Page 2

Storm Water Report Page 2

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 (501)-683-0827 or at [email protected]. Sincerely,

Dennis Benson Inspector Water Division cc: Water Division Enforcement Branch

Water Division Permits Branch

Page 3: Alexander, AR 72002 NPDES Permit No.: ARR150000, Sioux ......NPDES Permit No.: ARR150000, Sioux Trail Subdivision Lot Owner Dear Mr. Briggs: On August 22, 2008, I performed a routine

ADEQ Const. Storm Water Insp. AFIN: Permit #: ARR150000

Storm Water 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 8 0 8 2 2 17 18 W 19 S 20 2

Remarks

S A L I N E C O U N T Y 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

Entry Time/Date 12:20 pm on 08/22/08

Permit Effective Date

Name and Location of Facility Inspected (For industrial users discharging to POTW, also include POTW name and NPDES permit number) Aaron Briggs Lot – The lot is the first one on the right upon entrance to the Development on Vimy Ridge Road in Alexander

Exit Time/Date 12:45 pm on 08/22/08

Permit Expiration Date 10/31/08

Name(s) of On-Site Representative(s)/Title(s)/Phone and Fax Number(s)

Other Facility Data

Contacted

Yes No

Name, Address of Responsible Official/Title/Phone and Fax Number Aaron Briggs 19054 Vimy Ridge Road Alexander, AR 72002

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

N U N U Sampling Operations & Maintenance Flow Measurement Permit

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

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 violations were noted:

1. The construction site was not posted as required by Part I, Section B, paragraph 7e of the permit. 2. The stormwater pollution prevention plan was not onsite as required by Part II, Section B, paragraph 1b of the permit. 3. Inspections are not being conducted every 14 days or after a half inch rain event as required by Part II, Section A, paragraph 4e of the permit. There were no

records on site. 4. Erosion control measures are not being properly maintained. Silt fencing was down and in need of repair and the small settling basin at the entrance to the

property has failed. The permit in Part II, Section B, paragraph 17 requires all systems of control to be properly operated and maintained at all times. 5. Stabilization measures were not initiated as soon as practical in portions of the site where construction activities have temporarily or permanently ceased, but in

no case more than 14 days after the construction activity in that portion of the site has temporarily or permanently ceased; this is a violation of Part II Section A: 4.b.i.A. of the permit. Your lot has not been stabilized and it has been more than a year since Mr. Watson conducted his inspection of your letter.

6. Silt and sediment getting off site and onto the neighboring property and to the waters of the state in violation of A.C.A. § 8-4-217.

Name(s) and Signature(s) of Inspector(s) Agency/Office/Telephone/Fax Date ADEQ / Little Rock / 501-683-0827 08/22/08

Dennis Benson / Signature of Reviewer Agency/Office/Phone and Fax Numbers Date

Page 4: Alexander, AR 72002 NPDES Permit No.: ARR150000, Sioux ......NPDES Permit No.: ARR150000, Sioux Trail Subdivision Lot Owner Dear Mr. Briggs: On August 22, 2008, I performed a routine

ADEQ Const. Storm Water Insp. AFIN: Permit #: ARR150000

Storm Water Report Page 4

A. General Information Site Name: Sioux Trail Subdivision – Aaron Briggs lotLatitude: 34 44 45.40 N Longitude: -92 25 15.56 W Total Acreage: ~3 Acreage Disturbed: ~2 Starting Date: ?Project Type:

Residential Commercial Industrial Roadway Other: Construction Stage:

Clearing Rough Grading Infrastructure Building Construction Final Stabilization Inactive Other:

Permit Type: General Individual Unpermitted

Site Posted: Yes No Improper

B. Storm Water Pollution Prevention Plan (SWPPP) [Part II Section A of Permit] SWPPP Developed and Onsite? Yes No Incomplete Not Updated as Needed Comments: Are Stabilization Practices Satisfactory? Yes No NA Comments: Are erosion controls Satisfactory? Yes No NA Comments: Evidence of sediment leaving the site? Yes No NA Comments: Evidence of off-site tracking? Yes No NA Comments: Evidence of sediment entering the Waters of the State? Yes Likely No NA Comments: Are inspections conducted and records kept as required in the permit? Yes No NA Comments: Is corrective action taken based on results of inspections? Yes No NA Comments: Are daily rainfall totals recorded? Yes No NA Rainfall measured using: On-site Rain Gauge NA Other: Comments: General Comments: Efforts to control runoff or stabilize the lot appear to have been abandoned.

Page 5: Alexander, AR 72002 NPDES Permit No.: ARR150000, Sioux ......NPDES Permit No.: ARR150000, Sioux Trail Subdivision Lot Owner Dear Mr. Briggs: On August 22, 2008, I performed a routine

ADEQ Const. Storm Water Insp. AFIN: Permit #: ARR150000

Storm Water Report Page 5

Water Division Construction Storm Water Photographic Evidence Sheet Location: Sioux Trail Subdivision – Aaron Briggs lot Photographer: Witness: Dennis Benson None Photo # Of 1 6 Date: Time: 08/22/08 12:26 pm Description: Silt fence on Briggs lot not being maintained.

Photographer: Witness: Dennis Benson None Photo # Of Date: Time: 2 6 08/22/08 12:26 pm Description: Settling pond on Briggs lot that has failed and will no longer hold water or sediment

Page 6: Alexander, AR 72002 NPDES Permit No.: ARR150000, Sioux ......NPDES Permit No.: ARR150000, Sioux Trail Subdivision Lot Owner Dear Mr. Briggs: On August 22, 2008, I performed a routine

ADEQ Const. Storm Water Insp. AFIN: Permit #: ARR150000

Storm Water Report Page 6

Water Division Construction Storm Water Photographic Evidence Sheet Location: Sioux Trail Subdivision – Aaron Briggs lot Photographer: Witness: Dennis Benson None Photo # Of 3 6 Date: Time: 08/22/08 12:26 pm Description: View from inside failed settling pond on the Briggs lot

Photographer: Witness: Dennis Benson None Photo # Of Date: Time: 4 6 08/22/08 12:27 pm Description: Unstablized area upslope on the Briggs lot

Page 7: Alexander, AR 72002 NPDES Permit No.: ARR150000, Sioux ......NPDES Permit No.: ARR150000, Sioux Trail Subdivision Lot Owner Dear Mr. Briggs: On August 22, 2008, I performed a routine

ADEQ Const. Storm Water Insp. AFIN: Permit #: ARR150000

Storm Water Report Page 7

Water Division Construction Storm Water Photographic Evidence Sheet Location: Sioux Trail Subdivision – Aaron Briggs lot Photographer: Witness: Dennis Benson None Photo # Of 5 6 Date: Time: 08/22/08 12:28 pm Description: Silt and sediment has filled up drainage course in field across from Briggs lot.

Photographer: Witness: Dennis Benson None Photo # Of Date: Time: 6 6 08/22/08 12:40 pm Description: Area on back side of Briggs lot where sediment has runoff the property