June 16, 2008 Mr. Ben Shankle Lindsey Hauling and Development 3801 West Walnut Rogers, AR 72756 RE: Tuscany Subdivision

AFIN: 04-00963; NPDES Permit No.: ARR150439 (voided) Dear Mr. Shankle: On April 15, 2008, in response to a complaint I performed a compliance inspection of the above referenced construction site 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 inspection revealed the following violation:

Operation of a residential subdivision construction site without a NPDES Storm Water Discharge Permit. Referenced permit coverage was terminated on February 22, 2007, however not all of the site soils had been adequately stabilized.

The above item requires your immediate attention. Please submit a written response to this finding to the Water Division Enforcement Branch 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 the item noted. This corrective action should be completed as soon as possible, and the written response is due by July 9, 2008. For additional information you may contact the enforcement section by telephone at 501-682-0639 or by fax at 501-682-0910.

Ben Shankle, Tuscany Subdivision, Lindsey Hauling and Development June 16, 2008 Page 2

Storm Water Report Page 2

If I can be of any assistance, please contact me at (870) 446-6170 or by e-mail at Kirkpatrick@adeq.state.ar.us. Sincerely,

Bruce Kirkpatrick District 2 Field Inspector Water Division cc: Water Division Enforcement Branch

Water Division Permits Branch

ADEQ Const. Storm Water Insp. AFIN: 04-00963 Permit #: ARR150439 (voided)

Storm Water Report Page 3

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Washington, D.C. 20460

NPDES Compliance Inspection Report

Form Approved OMB No. 2040-0003

Section A: National Data System Coding

Transaction Code

NPDES

Yr/Mo/Day

Inspec. Type

Inspector

Fac. Type

1 N 2 5 3 A R R 1 5 0 4 3 9 11 12 0 8 0 4 1 5 17 18 W 19 S 20 2

Remarks

A F I N 0 4 - 0 0 9 6 3 Inspection Work Days

Facility Evaluation Rating

BI

QA

-------------------------------Reserved------------------------------

67

69

70 N

71

N

72

N

73

74

75

80

Section B: Facility Data

Entry Time/Date 1415 / April 15, 2008

Permit Effective Date n/a

Name and Location of Facility Inspected (For industrial users discharging to POTW, also include POTW name and NPDES permit number) Tuscany Subdivision Hwy 72 and 102 Spur, Centerton, AR

Exit Time/Date 1455 / April 15, 2008

Permit Expiration Date n/a

Name(s) of On-Site Representative(s)/Title(s)/Phone and Fax Number(s) No one on site

Other Facility Data

Contacted

Yes No

Name, Address of Responsible Official/Title/Phone and Fax Number Mr. Ben Shankle Lindsey Hauling and Development 3801 W. Walnut Rogers, AR 72756 / ph 479-621-5400

Section C: Areas Evaluated During Inspection (S = Satisfactory, M = Marginal, U = Unsatisfactory, N = Not Evaluated)

N N N U Sampling Operations & Maintenance Flow Measurement Permit

N N N N Pollution Prevention Sludge Handling/Disposal Self-Monitoring Program Records/Reports

U N N N Facility Site Review Compliance Schedules Pretreatment Multimedia

N N U N Effluent/Receiving Waters Laboratory Storm Water Other: Section D: Summary of Findings/Comments (Attach additional sheets if necessary)

A NPDES Storm Water Inspection was performed on April 15, 2008. This inspection, performed in response to a complaint, revealed the following violation: operation of a residential construction site without an active NPDES Storm Water Permit. Most of the site was vegetated/stable; however portions of the site soils were not vegetated. Referenced permit coverage was terminated on February 22, 2007, at the request of the permittee, however not all of the site soils have been adequately stabilized. A voice message outlining these findings was left with Ms. Denise Wright of Lindsey Development on May 30, 2008. Mr. John David Lindsey was advised of the findings on June 2, 2008.

Agency/Office/Telephone/Fax Date Name(s) and Signature(s) of Inspector(s) AR Dept. of Environmental Quality-Jasper Phone # (870) 446-6170 / FAX#(870) 446-2181 June 2, 2008

Bruce Kirkpatrick Signature of Reviewer Agency/Office/Phone and Fax Numbers Date

ADEQ Const. Storm Water Insp. AFIN: 04-00963 Permit #: ARR150439 (voided)

Storm Water Report Page 4

A. General Information Site Name: Tuscany SubdivisionLatitude: N36-22-48.1 Longitude: W94-16-48.3 Total Acreage: 50 Acreage Disturbed: 50 Starting Date: unknownProject Type:

Residential Commercial Industrial Roadway Other: Construction Stage:

Clearing Rough Grading Infrastructure Building Construction Final Stabilization Inactive Other:

Permit Type: General Individual Unpermitted

Site Posted: Yes No Improper

B. Storm Water Pollution Prevention Plan (SWPPP) [Part II Section A of Permit] SWPPP Developed and Onsite? Yes No Incomplete Not Updated as Needed Comments: Are Stabilization Practices Satisfactory? Yes No NA Comments: none in some areas, Most of the site was revegetated. Are sediment controls Satisfactory? Yes No NA Comments: Outlet to sedimentation pond was at pond bottom level. Evidence of sediment leaving the site? Yes No NA Comments: Sediment from site has been deposited on neighbor’s (complainant’s) property. Evidence of off-site tracking? Yes No NA Comments: Evidence of sediment entering the Waters of the State? Yes Likely No NA Comments: Are inspections conducted and records kept as required in the permit? Yes No NA Comments: Is corrective action taken based on results of inspections? Yes No NA Comments: Are daily rainfall totals recorded? Yes No NA Rainfall measured using: On-site Rain Gauge NA Other: Comments: General Comments: See summary of findings on previous page.

ADEQ Const. Storm Water Insp. AFIN: 04-00963 Permit #: ARR150439 (voided)

Storm Water Report Page 5

Water Division Construction Storm Water Photographic Evidence Sheet Location: Tuscany Subdivision Photographer: Witness: Bruce Kirkpatrick none Photo # of 1 6 Date: Time: 4/15/08 1415 Description: Unstable soils north of structure previously used as sedimentation pond

Photographer: Witness: Bruce Kirkpatrick None Photo # of Date: Time: 2 6 4/15/08 1415 Description: Unstable soils north of structure previously used as sedimentation pond

ADEQ Const. Storm Water Insp. AFIN: 04-00963 Permit #: ARR150439 (voided)

Storm Water Report Page 6

Water Division Construction Storm Water Photographic Evidence Sheet Location: Tuscany Subdivision Photographer: Witness: Bruce Kirkpatrick None Photo # of 3 6 Date: Time: 4/15/08 1419 Description: Outlet of former sedimentation pond / Outlet a bottom elevation / no storm water storage

Photographer: Witness: Bruce Kirkpatrick None Photo # of Date: Time: 4 6 4/15/08 1433 Description: Area near complainant’s spring showing alleged erosion due discharge from former sed. pond

ADEQ Const. Storm Water Insp. AFIN: 04-00963 Permit #: ARR150439 (voided)

Storm Water Report Page 7

Water Division Construction Storm Water Photographic Evidence Sheet Location: Tuscany Subdivision Photographer: Witness: Bruce Kirkpatrick None Photo # of 5 6 Date: Time: 4/15/08 1353 Description: Sediment deposited on complainant’s property just below outlet of former sedimentation pond

Photographer: Witness: Bruce Kirkpatrick None Photo # of Date: Time: 6 6 4/15/08 1447 Description: Photo taken looking downstream form the outlet of former sedimentation pond, damaged fence

September 19, 2008 Ben Shankle Lindsey Hauling and Development 3801 West Walnut Rogers, AR 72756 RE: Tuscany Subdivision, NPDES Permit Tracking Number ARR150439, AFIN 04-00963,

Response to Inspection Dear Mr. Shankle: The Department has received your response to the April 15, 2008 inspection of your facility by our District Field Inspector, Bruce Kirkpatrick. Your response 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 schluterman@adeq.state.ar.us. Sincerely,

Amy Schluterman Enforcement Administrator Water Division Enforcement Section