December 16, 2010 Mr. Steve Carpenter 50 Riverbank Road Batesville, AR 72501 RE: Complaint Investigation Dear Mr. Carpenter: On November 10, 2010, I performed a complaint investigation alleging that sediment from your construction project was being washed into White River. 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 investigation, I observed the following violations:

Workers at your construction project were using a water hose and washing sediment off of the north bank of White River down into the river causing turbidity in the river at this spot. This is a violation Regulation 2 (2.503). It was also observed that no basic management practices had been established to prevent further pollution to waters of the state. To place or to cause to be placed material in a location where it is likely to cause pollution is a violation of the Arkansas Water and Air Pollution Control Act (8-4-217) a, 2. Upon your arrival at the site, it was suggested to you that you needed to immediately stop washing sediment into the river, and you instructed your workers to cease that activity. As per our discussion, it was also suggested to that you needed to contact Mr. Jason Hooks of the Arkansas Department of Environmental Quality for guidelines concerning obtaining a Short Term Activity Authorization and also contacting Mr. Kyle Clark of the U. S. Army Corps. of Engineers for guidelines concerning any possible permits that may be required through the Corps. Of Engineers. You were also given the telephone numbers to both gentlemen previously mentioned.

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 at the address located at the bottom of the first page of this letter. 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 December 26, 2010. For additional information you may contact the Enforcement Branch by telephone at 501-682-0639 or by fax at 501-682-0910.

NPDES Report Page 2

Steve Carpenter December 16, 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 cc: Water Division Enforcement Branch

Water Division Permits Branch

ADEQ Water NPDES Inspection AFIN: None Permit #: None

NPDES Report Page 3

Water Division NPDES Photographic Evidence Sheet

Location: Josie’s Restaurant at City Park on White River in Batesville (Independence County)

Photographer: Mike Kennedy Witness: None Photo # 1 Of 9 Date: 11-10-10 Time: 1608 Description: This view is looking at Josie’s Restaurant from the south side of White River.

Photographer: Mike Kennedy Witness: None Photo # 2 Of 9 Date: 11-10-10 Time: 1209 Description: This view is looking at the construction project looking from west to east.

ADEQ Water NPDES Inspection AFIN: None Permit #: None

NPDES Report Page 4

Water Division NPDES Photographic Evidence Sheet Location: Josie’s Restaurant at City Park on White River in Batesville (Independence County) Photographer: Mike Kennedy Witness: Construction personnel Photo # 3 Of 9 Date: 11-10-10 Time: 1109

Description: This view shows sediment pushed down the hillside from the construction project toward White River.

Photographer: Mike Kennedy Witness: Construction personnel Photo # 4 Of 9 Date: 11-10-10 Time: 1109

Description: This view shows workers from the project using a water hose and washing sediment down into White River.

ADEQ Water NPDES Inspection AFIN: None Permit #: None

NPDES Report Page 5

Water Division NPDES Photographic Evidence Sheet Location: Josie’s Restaurant at City Park on White River in Batesville (Independence County) Photographer: Mike Kennedy Witness: Construction personnel Photo # 5 Of 9 Date: 11-10-10 Time: 1109 Description: This view shows sediment entering the river at this point.

Photographer: Mike Kennedy Witness: Construction personnel Photo # 6 Of 9 Date: 11-10-10 Time: 1112 Description: This view shows the sediment causing the river to be turbid at this area.

ADEQ Water NPDES Inspection AFIN: None Permit #: None

NPDES Report Page 6

Water Division NPDES Photographic Evidence Sheet Location: Josie’s Restaurant at City Park on White River in Batesville (Independence County) Photographer: Mike Kennedy Witness: Construction personnel Photo # 7 Of 9 Date: 11-10-10 Time: 1111

Description: This view at the top of the bank of the river shows where sediment had been pushed over the bank down toward the river.

Photographer: Mike Kennedy Witness: Steve Carpenter Photo # 8 Of 9 Date: 11-10-10 Time: 1112

Description: This view a few feet further east of the picture above shows the construction of the small parking lot adjacent to Josie’s Restaurant.

ADEQ Water NPDES Inspection AFIN: None Permit #: None

NPDES Report Page 7

Water Division NPDES Photographic Evidence Sheet Location: Josie’s Restaurant at City Park on White River in Batesville (Independence County) Photographer: Mike Kennedy Witness: Steve Carpenter Photo # 9 Of 9 Date: 11-10-10 Time: 1112

Description: This view shows sediment that had been pushed over the bank from the construction of the parking lot. Nothing established to prevent further pollution to waters of the state.

ADEQ Water NPDES Inspection AFIN: None Permit #: None

NPDES Report Page 8

WATER DIVISION NPDES COMPLAINT REPORT GPS LOCATION: AFIN: N/A

PERMIT#: N/A DATE RECEIVED: November 10, 2010 COUNTY: Independence COMPLAINANT NAME: Anonymous COMPLAINT AGAINST: Steve Carpenter ADDRESS: N/A ADDRESS: 50 Riverbank Road

Batesville, AR 72501 PHONE: N/A PHONE: 870-926-9676

TRACKING & REFERRAL INFORMATION PERSON RECEIVING REPORT: Mike Kennedy

DATE: 11-10-10

SUPERVISOR REFERRAL:

DATE:

INSPECTOR REFERRAL:

DATE:

MEDIA SUPERVISOR REFERRAL:

DATE:

PHONE REFERRAL CONTACT:

DATE:

RECEIVING INSPECTOR: Mike Kennedy

DATE: 11-10-10

COMPLAINT RECEIVED BY: PHONE LETTER VERBAL INTERNET EMAIL DETAILED DESCRIPTION

Complainant alleged that a construction crew was washing sediment into White River at Josie’s Restaurant.

LOCATION

50 Riverbank Road Batesville, AR 72501

ADEQ Water NPDES Inspection AFIN: None Permit #: None

NPDES Report Page 9

PREVIOUS COMPLAINT: YES NO DATES: DISCHARGE TO WATERS OF THE STATE: YES NO NAME OF WATERBODY: White River

INVESTIGATION INSPECTOR: Mike Kennedy

DATE: November 10, 2010

ACTION TAKEN: PHOTOS TAKEN: YES NO The Inspector drove to the site of the complaint and observed workers spraying water on a steep bank on the north side of White River and on a pipeline to the Batesville Wastewater Treatment Plant and the sediment was washing down into White River at this spot. The Inspector then observed construction ongoing under and on the east sides of Josie’s Restaurant. Some of the sediment from the construction had been pushed over the steep bank just a little farther east of where the workers were washing sediment directly below Josie’s Restaurant. The whole project appeared to cover approximately ¾ of an acre. The Inspector found out that Mr. Steve Carpenter was the manager of the project and also managed Josie’s Restaurant. Mr. Carpenter arrived at the project a few minutes later and was informed that sediment being washed into the river causing the river to become turbid at the spot where the sediment was entering the river was a violation of Regulation 2 (2.503). He was also informed that the project having no pollution prevention practices established to prevent further pollution to waters of the state was also a violation of the Arkansas Water and Air Pollution Control Act (8-4-217) a, 2. It was suggested that he needed to immediately have his workers stop washing sediment into White River. It was also suggested that he should immediately establish some pollution prevention devices to prevent further pollution to waters of the state. Mr. Carpenter informed the Inspector that he was rerouting some piping under the restaurant and building another small parking lot adjacent to the restaurant. The Inspector informed Mr. Carpenter that since his construction project was being performed next to the river that he needed to contact Mr. Jason Hooks of the Arkansas Department of Environmental Quality for guidelines concerning obtaining a Short Term Activity Authorization and also contacting Mr. Kyle Clark of the U. S. Army Corps. of Engineers for guidelines concerning any possible permits that may be required through the Corps. of Engineers. He was given telephone numbers for both of the men previously mentioned. At the time of the investigation, Mr. Carpenter did have his workers stop spraying water on the bank of the river and the sediment stopped washing into the river that day. FURTHER ACTION: A letter will be forwarded to Mr. Carpenter requiring him to address the violations revealed during the complaint investigation to the Department in writing.

SIGNATURE: Mike Kennedy DATE: November 24, 2010