Via: Certified Mail, Return Receipt Requested No. 91 7199 9991 ...

12. ADEQ personnel identified that the silt fencing along the northern boundary of the
site was in state of disrepair. Excessive sediment buildup was observed in and along the
silt fencing. This condition is a continuing and reoccurring violation at the Site.
13. Part II(B)(17)(A) of permit ARR150000 provides that an operator shall at all times
"Properly operate and maintain all control (and related appurtenances) which are installed
or used by the operator to achieve compliance with the conditions of this permit."
14. Permittee violated the Standard Permits Conditions of Permit ARR 150000 by failing
to maintain the silt fences and remove silt accumulations from silt fences at the Site and
thus Ark. Code Ann. § 8-4-217(a)(3).
15. Permittee was mailed a copy of the February 22, 2011 inspection report and was
requested to provide a written response to ADEQ on or before March 11, 2011. A true and
correct copy of this report is attached hereto as Exhibit "A".
16. ADEQ received a written response from Permittee dated March 14, 2011. A true
and correct copy of this correspondence is attached hereto as Exhibit "B". In this
correspondence, Permittee indicated that it would conduct all corrective action and provide
evidence of completed activities to ADEQ.
17. On July 5, 2011 , Permittee Attorney informed ADEQ that Permittee had removed silt
from the roads and had installed a new silt fence on the north side of the property. A true
and correct copy of this correspondence is attached hereto as Exhibit "C".
18. ADEQ personnel conducted a follow-up inspection of the Site on July 6, 2011. A
true and correct copy of this report is attached hereto as Exhibit "0". This report shows that
Permittee was in violation for the conditions as stated immediately above in paragraphs 1-
16.