Complaint Investigation Dear Mr. Sexton - Arkansas Department of ...
Complaint Investigation Dear Mr. Sexton - Arkansas Department of ...
Complaint Investigation Dear Mr. Sexton - Arkansas Department of ...
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February 16, 2010<br />
<strong>Mr</strong>. Richard <strong>Sexton</strong><br />
225 Old River Road<br />
Pangburn, AR 72121<br />
RE: <strong>Complaint</strong> <strong>Investigation</strong><br />
<strong>Dear</strong> <strong>Mr</strong>. <strong>Sexton</strong>:<br />
On January 26, 2010, I performed a complaint investigation alleging that a cleared lot owned by McJester<br />
Baptist Church did not have any control measures set up to prevent sediment from washing <strong>of</strong>f <strong>of</strong> the site<br />
into Big Creek. The investigation was performed in accordance with the provisions <strong>of</strong> the Federal Clean<br />
Water Act, the <strong>Arkansas</strong> Water and Air Pollution Control Act, and the regulations promulgated thereunder.<br />
At the time <strong>of</strong> the inspection, I observed the following violation:<br />
The cleared lot located approximately 75 feet north and uphill from Big Creek did not have any control<br />
measures in place to prevent sediment from washing <strong>of</strong>f <strong>of</strong> the site and then into Big Creek. This is<br />
considered to be placing or caused to be placed waste in a location where it is likely cause pollution to<br />
the Waters <strong>of</strong> the State which is a violation <strong>of</strong> the <strong>Arkansas</strong> Water and Air Pollution Control Act (8-4-<br />
217) a, 2.<br />
The above item requires your immediate attention. Please submit a written response to this finding to Cindy<br />
Garner, Water Division Enforcement Branch Manager <strong>of</strong> this <strong>Department</strong> at the following address:<br />
Water Division Enforcement Branch<br />
<strong>Arkansas</strong> <strong>Department</strong> <strong>of</strong> Environmental Quality<br />
5301 Northshore Drive<br />
North Little Rock, AR 72118-5317<br />
This response should contain detailed documentation describing the course <strong>of</strong> action taken to correct the item<br />
noted. This corrective action should be completed as soon as possible, and the written response with all<br />
documentation (i.e. pictures) is due by February 26, 2010.<br />
For additional information you may contact the Enforcement Branch by telephone at 501-682-0639 or by fax<br />
at 501-682-0910.
If I can be <strong>of</strong> any assistance, please contact me at 870-793-5819.<br />
Sincerely,<br />
Mike Kennedy<br />
District 11 Field Inspector<br />
Water Division<br />
NPDES Report Page 2
WATER DIVISION COMPLAINT REPORT<br />
GPS LOCATION:<br />
AFIN: None<br />
PERMIT#: None<br />
DATE RECEIVED: January 14, 2010<br />
COUNTY: Cleburne<br />
COMPLAINANT NAME: Anonymous<br />
COMPLAINT AGAINST: McJester Baptist Church<br />
ADDRESS: N/A<br />
ADDRESS: 25 Old River Road<br />
Pangburn, AR 72121<br />
PHONE: N/A<br />
PHONE: 501-728-3694 Church Representative<br />
Richard <strong>Sexton</strong><br />
TRACKING & REFERRAL INFORMATION<br />
PERSON RECEIVING REPORT: DATE: SUPERVISOR REFERRAL:<br />
DATE:<br />
Dale Washam<br />
1-14-10<br />
INSPECTOR REFERRAL:<br />
DATE: MEDIA SUPERVISOR REFERRAL: DATE:<br />
Mike Kennedy<br />
1-14-10<br />
PHONE REFERRAL CONTACT: DATE: RECEIVING INSPECTOR: DATE:<br />
COMPLAINT RECEIVED BY: PHONE LETTER VERBAL INTERNET EMAIL<br />
DETAILED DESCRIPTION<br />
The complaint alleged that a lot had been cleared along Big Creek and that the creek emptied into Little Red<br />
River and no sediment controls had been set up to prevent run<strong>of</strong>f into the creek.<br />
LOCATION<br />
Physical Address: McJester Baptist Church (25 Old River Road, Pangburn, AR 72121). Drive on Highway #110<br />
north <strong>of</strong> Pangburn, <strong>Arkansas</strong> approx. 2 miles, then turn onto McJester Road and drive approx. 1 mile to Old<br />
River Road. This road turns east approx. 75 yards north <strong>of</strong> where the road crosses over Big Creek. The<br />
cleared lot is on the north side <strong>of</strong> the creek.<br />
PREVIOUS COMPLAINT: YES NO DATES:<br />
DISCHARGE TO STREAM: YES NO NAME OF STREAM:<br />
INVESTIGATION<br />
INSPECTOR:<br />
DATE: January 26, 2010<br />
Mike Kennedy<br />
ACTION TAKEN:<br />
PHOTOS TAKEN: YES NO<br />
The Water Inspector drove to the site <strong>of</strong> the cleared lot. The Inspector observed that a lot had been cleared<br />
to bare ground on the north side <strong>of</strong> Big Creek at the junction <strong>of</strong> McJester Road and Old River Road. The lot is<br />
on the south side <strong>of</strong> Old River Road and on the north side <strong>of</strong> Big Creek. The lot appeared to be approx. 125<br />
feet wide by approx. 100 feet deep. The lot is approx. 75 feet north and uphill from Big Creek. The lot appeared<br />
to have been built up on the creek side approx. 5 feet high with fill dirt. There was no sediment controls set up<br />
to prevent erosion or sediment from leaving the site. This is a violation <strong>of</strong> the <strong>Arkansas</strong> Water and Air<br />
Pollution Control Act (8-4-217) a, 2.<br />
The Inspector met with <strong>Mr</strong>. Richard <strong>Sexton</strong>, Representative for McJester Baptist Church. He was informed<br />
<strong>of</strong> the complaint and <strong>of</strong> the violation <strong>of</strong> the Act observed by the Inspector. He was also informed that the<br />
church needed to take whatever measures necessary to prevent sediment from washing into Big Creek from<br />
the lot.<br />
FURTHER ACTION:<br />
A letter will be forwarded to <strong>Mr</strong>. <strong>Sexton</strong> requiring a detailed written response back to the <strong>Department</strong><br />
addressing the violation <strong>of</strong> the Act (8-4-217) a, 2.<br />
SIGNATURE: Mike Kennedy DATE: February 10, 2010<br />
NPDES Report Page 3
Water Division NPDES Photographic Evidence Sheet<br />
Location: Approx. 1.5 miles northeast <strong>of</strong> Pangburn, <strong>Arkansas</strong> bordering Old River Road (Cleburne County)<br />
Photographer: Mike Kennedy Witness: None<br />
Photo # 1 Of 4 Date: 1-26-10 Time: 1613<br />
Description: This is a view <strong>of</strong> the cleared lot located uphill just north <strong>of</strong> Big Creek looking from north to south.<br />
Photographer: Mike Kennedy Witness: None<br />
Photo # 2 Of 4 Date: 1-26-10 Time: 1617<br />
Description:<br />
This view is looking north at the cleared lot from the bridge over Big Creek. Note any sediment leaving the site<br />
can easily wash down into Big Creek.<br />
NPDES Report Page 4
Water Division NPDES Photographic Evidence Sheet<br />
Location: Approx. 1.5 miles northeast <strong>of</strong> Pangburn, <strong>Arkansas</strong> bordering Old River Road (Cleburne County)<br />
Photographer: Mike Kennedy Witness: None<br />
Photo # 3 Of 4 Date: 1-26-10 Time: 1622<br />
Description: This view shows a natural drain located on the east side <strong>of</strong> the cleared lot that flows down into Big Creek.<br />
Photographer: Mike Kennedy Witness: None<br />
Photo # 4 Of 4 Date: 1-26-10 Time: 1623<br />
This view at the south end <strong>of</strong> the lot shows where the pad has been built up. Sediment washing from this end <strong>of</strong><br />
Description:<br />
the lot will wash down into Big Creek located approx. 75 feet south.<br />
NPDES Report Page 5
March 10, 2010<br />
Richard <strong>Sexton</strong>, Trustee<br />
McJester Baptist Church<br />
25 Old River Road<br />
Pangburn, AR 72121<br />
RE:<br />
#010151, Response to <strong>Complaint</strong> Inspection<br />
<strong>Dear</strong> <strong>Mr</strong>. <strong>Sexton</strong>:<br />
The <strong>Department</strong> has received your response to the letter <strong>of</strong> inspection, dated 02/26/2010. Your<br />
letter appears to adequately address the discrepancies identified during the visit. The <strong>Department</strong><br />
assumes the corrective actions taken will be maintained to ensure consistent compliance with the<br />
requirements <strong>of</strong> the permit. Acceptance <strong>of</strong> this response by the <strong>Department</strong> does not preclude<br />
any future enforcement action deemed necessary at this site or any other site.<br />
The <strong>Department</strong> will keep the inspection and response on file. If future violations occur that<br />
require enforcement action, the <strong>Department</strong> will consider the inspection and response as required<br />
by the Pollution Control and Ecology Commission Regulation No. 7, Civil Penalties. This<br />
regulation requires the <strong>Department</strong> to consider the past history <strong>of</strong> your company and how<br />
expeditiously the violations were addressed in determining any civil penalty that may be<br />
necessary for any future violations.<br />
If we need further information concerning this matter, we will contact you. Thank you for your<br />
attention to this matter. Should you have any questions, feel free to contact me at 501-682-0635<br />
or you may e-mail me at anderson@adeq.state.ar.us.<br />
Sincerely,<br />
Alan Anderson<br />
Enforcement Analyst<br />
Water Division, Enforcement Branch