5301 northshore drive...charles capps january 6, 2010 page 2 if i can be of any assistance, please...
TRANSCRIPT
January 7, 2010 Charles Capps 201 Lakefront Road Quitman, AR 72131 RE: Complaint Investigation Dear Mr. Capps: On December 14, 2009, I performed a complaint investigation alleging that sediment was washing from a road cut uphill to some of your lots into Lakefront Road ditch and the water from the ditch flows to Greers Ferry Lake. The investigation was performed in accordance with the provisions of the Federal Clean Water Act, the Arkansas Water and Air Pollution Control Act, and the regulations promulgated thereunder. At the time of the inspection, I observed the following violation: Sediment had washed into Lakefront Road ditch on the south side from where you had cut a road uphill
to some of your lots. Sediment was piled up next to the ditch for approx. 40 feet. The water from this ditch eventually flows downhill to Greers Ferry Lake a few hundred yards north. This is a violation of the Arkansas Water and Air Pollution Control Act (8-4-217) a, 2.
You need to immediately take whatever measures necessary to prevent further pollution to waters of the state. The above item requires your immediate attention. Please submit a written response to this finding to Cindy Garner, Water Division Enforcement Branch Manager, 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
This response should contain detailed 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 with all documentation (i.e. pictures) is due by January 18, 2010. For additional information you may contact the Enforcement Branch by telephone at 501-682-0639 or by fax at 501-682-0910.
Charles Capps January 6, 2010 Page 2 If I can be of any assistance, please contact me at 870-793-5819. Sincerely,
Mike Kennedy District 11 Field Inspector Water Division
NPDES Report Page 2
NPDES Report Page 3
WATER DIVISION COMPLAINT REPORT
AFIN: None GPS LOCATION: PERMIT#: None
DATE RECEIVED: December 1, 2009 COUNTY: Cleburne COMPLAINANT NAME: Anonymous COMPLAINT AGAINST: Charles Capps ADDRESS: N/A ADDRESS: 201 Lakefront Road
Quitman, AR 72131 PHONE: N/A PHONE: 501-842-2576
TRACKING & REFERRAL INFORMATION PERSON RECEIVING REPORT: Mike Kennedy
DATE: 12-1-09
SUPERVISOR REFERRAL:
DATE:
INSPECTOR REFERRAL: Mike Kennedy
DATE: 12-1-09
MEDIA SUPERVISOR REFERRAL:
DATE:
PHONE REFERRAL CONTACT:
DATE:
RECEIVING INSPECTOR:
DATE:
COMPLAINT RECEIVED BY: PHONE LETTER VERBAL INTERNET EMAIL DETAILED DESCRIPTION
The complaint from the message machine alleged that Mr. Capps had built a road down the mountain to Lakefront Road and that sediment was washing down the new built road onto Lakefront Road and then washing into Greers Ferry Lake.
LOCATION Drive on Highway #16 southwest of Greers Ferry, Arkansas approx. 5 miles then turn onto Diamond Bluff Road and drive approx. 2 miles to Lakefront Road. Drive down the mountain approx. 1.2 miles to mailbox #1191. The new road has been cut on the mountainside across the street from the mailbox. PREVIOUS COMPLAINT: YES NO DATES: DISCHARGE TO STREAM: YES NO NAME OF STREAM:
INVESTIGATION INSPECTOR: Mike Kennedy
DATE: December 14, 2009
ACTION TAKEN: PHOTOS TAKEN: YES NO The Water Inspector drove to the site and observed a road that had been cut up the mountain on the south side of Lakefront Road across the road from a mailbox labeled 1191 Lakefront Road. The Inspector observed that rock and sediment had been pushed to the edge of and into Lakefront Road ditch. Also loose dirt was piled up next to the road ditch for approx. 40 feet wide. Sediment had washed into the ditch and the ditch water flows to Greers Ferry Lake at the bottom of the mountain. Mr. Charles Capps had the road cut uphill to some of the lots that he owns. He was informed of the complaint that had been filed and was informed of what the Inspector had observed on the date of the investigation. He was further informed of the violation of the Arkansas Water and Air Pollution Act (8-4-217) a, 2. The Inspector suggested to Mr. Capps that he immediately needed to implement whatever measures necessary to prevent further pollution to waters of the state. The disturbed area appeared to be less than 1 acre in size.
FURTHER ACTION: A letter will be forwarded to Mr. Capps requiring a detailed written response back to the Department addressing the violation of the Act (8-4-217) a, 2.
SIGNATURE: Mike Kennedy DATE: January 6, 2010
NPDES Report Page 4
Water Division NPDES Photographic Evidence Sheet
Location: Approx. 5 miles southwest of Greers Ferry, Arkansas off Highway #16 bordering Lakefront Road (Cleburne County)
Photographer: Mike Kennedy Witness: None Photo # 1 Of 5 Date: 12-14-09 Time: 1511 Description: This view is looking uphill from 1191 Lakefront Road at the road that Mr. Capps had cut to his lots.
Photographer: Mike Kennedy Witness: None Photo # 2 Of 5 Date: 11-4-09 Time: 1511
Description: This view shows sediment pushed next to Lakefront Road ditch from the road. Sediment had washed into the ditch.
NPDES Report Page 5
Water Division NPDES Photographic Evidence Sheet
Location: Approx. 5 miles southwest of Greers Ferry, Arkansas off Highway #16 bordering Lakefront Road (Cleburne County)
Photographer: Mike Kennedy Witness: None Photo # 3 Of 5 Date: 12-14-09 Time: 1511
Description: Another view of the sediment pile next to the ditch. Sediment washed into the ditch eventually flows to Greers Ferry Lake to the north at the bottom of the mountain. This view is looking from east to west.
Photographer: Mike Kennedy Witness: None Photo # 4 Of 5 Date: 12-14-09 Time: 1521
Description: Another view of the rock and sediment pushed into the road ditch from the opposite direction. This view is looking from west to east.
NPDES Report Page 6
Water Division NPDES Photographic Evidence Sheet
Location: Approx. 5 miles southwest of Greers Ferry, Arkansas off Highway #16 bordering Lakefront Road (Cleburne County)
Photographer: Mike Kennedy Witness: None Photo # 5 Of 5 Date: 12-14-09 Time: 1516
Description: This view is looking downhill to the north from near the end of the new built road uphill from Lakefront Road seen in the distance.
NPDES Report Page 7
June 15, 2010 Mr. Charles Capps Diamond Bluff Estates 201 Lakefront Road Quitman, AR 72131 RE: Permit No.: AR0044920, AFIN: 12-00056 Response to Inspection Dear Mr. Capps: The Department has received your response to the May 20, 2009 inspection of your facility 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 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. Should you have any questions, feel free to contact me at 501-682-0631 or you may e-mail me at [email protected]. Sincerely,
Gene Little Enforcement Analyst Water Division Enforcement Branch