September 23, 2009 RE: Residential Construction at 1 Happy ...
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September 23, 2009 Kaut & Lynda White Property Owner 1 Happy Go Lucky Lane Paragould, AR 72450 RE: Residential Construction at 1 Happy Go Lucky Lane AFIN: N/A NPDES Permit No.: N/A Dear Mr. & Mrs. White: On August 26, 2009, I performed a compliant investigation of the above referenced residence 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 investigation was conducted in response to a complaint alleging construction at the property was resulting in increased sediment runoff into the neighborhood and revealed the following: There was evidence indicating that sediment had left the site during recent rain events. Your construction site has resulted in less than one acre of disturbed soil and is not part of a larger common plan of development and is therefore exempt from construction stormwater permitting requirements. However, you must still implement any and all measures necessary to reduce the amount of sediment leaving your site to prevent pollution to the Waters of the State. In areas of active construction you should implement sediment controls such as silt fences, rock check dams, hay bales or other such devices to prevent the loss of sediment. On areas where construction is completed, you should establish a vegetative cover or other suitable permanent means of stabilization. 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 October 3, 2009. For additional information you may contact the Enforcement Branch by telephone at 501-682-0639 or by fax at 501-682-0910.
Transcript of September 23, 2009 RE: Residential Construction at 1 Happy ...
September 23, 2009 Kaut & Lynda White Property Owner 1 Happy Go Lucky Lane Paragould, AR 72450 RE: Residential Construction at 1 Happy Go Lucky Lane AFIN: N/A NPDES Permit No.: N/A Dear Mr. & Mrs. White: On August 26, 2009, I performed a compliant investigation of the above referenced residence 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 investigation was conducted in response to a complaint alleging construction at the property was resulting in increased sediment runoff into the neighborhood and revealed the following: There was evidence indicating that sediment had left the site during recent rain events. Your construction site has resulted in less than one acre of disturbed soil and is not part of a larger common plan of development and is therefore exempt from construction stormwater permitting requirements. However, you must still implement any and all measures necessary to reduce the amount of sediment leaving your site to prevent pollution to the Waters of the State. In areas of active construction you should implement sediment controls such as silt fences, rock check dams, hay bales or other such devices to prevent the loss of sediment. On areas where construction is completed, you should establish a vegetative cover or other suitable permanent means of stabilization. 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 October 3, 2009. For additional information you may contact the Enforcement Branch by telephone at 501-682-0639 or by fax at 501-682-0910.
Kaut & Lynda White September 22, 2009 Page 2 If I can be of any assistance, please contact me at [email protected] or 870-935-7221 ext.-12. Sincerely,
Brent L. Walker District 3 Field Inspector Water Division cc: Peggy Hale, 708 Samuel Dr., Paragould, AR 72450
Water Division Enforcement Branch Water Division Permits Branch
ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY Complaint Report Page 2 5301 NORTHSHORE DRIVE / NORTH LITTLE ROCK / ARKANSAS 72118-5317 / TELEPHONE 501-682-0744 / FAX 501-682-0880
www.adeq.state.ar.us
ADEQ Water Complaint Investigation AFIN: N/A Permit #: N/A
ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY Complaint Report Page 3 5301 NORTHSHORE DRIVE / NORTH LITTLE ROCK / ARKANSAS 72118-5317 / TELEPHONE 501-682-0744 / FAX 501-682-0880
www.adeq.state.ar.us
Water Division NPDES Photographic Evidence Sheet
Location: Kaut & Lynda White Property Photographer: Brent Walker Witness: None Photo # 1 Of 6 Date: 8/26/2009 Time: 1325 Description: Site overview, note lack of controls or stabilization.
Photographer: Brent Walker Witness: None Photo # 2 Of 6 Date: 8/26/2009 Time: 1325 Description: Site overview, note lack of controls or stabilization.
ADEQ Water Complaint Investigation AFIN: N/A Permit #: N/A
ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY Complaint Report Page 4 5301 NORTHSHORE DRIVE / NORTH LITTLE ROCK / ARKANSAS 72118-5317 / TELEPHONE 501-682-0744 / FAX 501-682-0880
www.adeq.state.ar.us
Water Division NPDES Photographic Evidence Sheet Location: Kaut & Lynda White Property Photographer: Brent Walker Witness: None Photo # 3 Of 6 Date: 8/26/2009 Time: 1325 Description: Site overview, note lack of controls or stabilization.
Photographer: Brent Walker Witness: None Photo # 4 Of 6 Date: 8/26/2009 Time: 1326 Description: Site overview, note lack of controls or stabilization.
ADEQ Water Complaint Investigation AFIN: N/A Permit #: N/A
ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY Complaint Report Page 5 5301 NORTHSHORE DRIVE / NORTH LITTLE ROCK / ARKANSAS 72118-5317 / TELEPHONE 501-682-0744 / FAX 501-682-0880
www.adeq.state.ar.us
Water Division NPDES Photographic Evidence Sheet Location: Kaut & Lynda White Property Photographer: Brent Walker Witness: None Photo # 5 Of 6 Date: 8/26/2009 Time: 1329 Description: Site overview, note lack of controls or stabilization.
Photographer: Brent Walker Witness: None Photo # 6 Of 6 Date: 8/26/2009 Time: 1330 Description: Site overview, note lack of controls or stabilization.
ADEQ Water Complaint Investigation AFIN: N/A Permit #: N/A
ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY Complaint Report Page 6 5301 NORTHSHORE DRIVE / NORTH LITTLE ROCK / ARKANSAS 72118-5317 / TELEPHONE 501-682-0744 / FAX 501-682-0880
www.adeq.state.ar.us
WATER DIVISION NPDES COMPLAINT REPORT
AFIN: N/A GPS LOCATION: PERMIT#: N/A DATE RECEIVED: August 20, 2009 COUNTY: Greene COMPLAINANT NAME: Peggy Hale COMPLAINT AGAINST: Kaut & Lynda White, Property
Owner ADDRESS: 708 Samuel Dr., Paragould, AR 72450 ADDRESS: 1 Happy Go Lucky Lane, Paragould, AR
72450 PHONE: 870-236-7471, 870-565-5573 PHONE: 870-239-4460
TRACKING & REFERRAL INFORMATION PERSON RECEIVING REPORT: Brent Walker
DATE: 8/20/2009
SUPERVISOR REFERRAL:
DATE:
INSPECTOR REFERRAL:
DATE:
MEDIA SUPERVISOR REFERRAL:
DATE:
PHONE REFERRAL CONTACT:
DATE:
RECEIVING INSPECTOR: Brent Walker
DATE: 8/20/2009
COMPLAINT RECEIVED BY: PHONE LETTER VERBAL INTERNET EMAIL DETAILED DESCRIPTION
Complainant alleges that construction at the below reference property is resulting in increased sediment runoff and flooding of the neighborhood.
LOCATION 1 Happy Go Lucky Lane, Paragould, AR
PREVIOUS COMPLAINT: YES NO DATES: DISCHARGE TO STREAM: YES NO NAME OF STREAM: Unnamed city drainage
INVESTIGATION INSPECTOR: Brent Walker
DATE: August 26, 2009
ACTION TAKEN: Onsite Investigation PHOTOS TAKEN: YES NO On August 26, 2009, I performed an onsite investigation and noted the following: There was evidence indicating that sediment had left the site during recent rain events. The construction site has resulted in less than one acre of disturbed soil and is not part of a larger common plan of development and is therefore exempt from construction stormwater permitting requirements. However, the owners must still implement any and all measures necessary to reduce the amount of sediment leaving your site to prevent pollution to the Waters of the State. In areas of active construction they should implement sediment controls such as silt fences, rock check dams, hay bales or other such devices to prevent the loss of sediment. On areas where construction is completed, they should establish a vegetative cover or other suitable permanent means of stabilization. The complainant was advised of the findings and that flooding is not regulated by this Department. FURTHER ACTION: None None required at this time.
SIGNATURE: Brent L. Walker DATE: September 22, 2009
November 24, 2009 Mr. Kaut White #1 Happy Go Lucky Lane Paragould, AR 72450 RE: #1 Happy Go Lucky Lane, Response to Inspection Dear Mr. White: The Department has received your response to the August 26, 2009 inspection of your site by our District Field Inspector, Brent Walker. 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 501-682-0633 or you may e-mail me at [email protected]. Sincerely,
Amy Schluterman Enforcement Analyst Water Division Enforcement Branch
