January 4, 2011 26 Collins Industrial Place AFIN: 60-04338

January 4, 2011 John Burkhalter, Managing Member Burkhalter Commercial Group, Llc. Burkhalter Apartments 26 Collins Industrial Place North Little Rock, AR 72113 AFIN: 60-04338 NPDES Permit No.: ARR152993 Dear Mr. Burkhalter: On December 21, 2010, I performed a routine compliance inspection of the above referenced facility in response to a complaint. The complaint alleged that there was excess tracking onto Counts Massie. The inspection was conducted 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 violations: 1. The Notice of Coverage (NOC) is not posted at the construction site entrance and

visible to the public as required by Part I, B.8 of the permit. A copy of the NOC was inside the mailbox at the entrance to the facility. It appears the original posting was on the outside of the mailbox, but had deteriorated to such a degree that it was no longer legible.

2. The stormwater pollution prevention plan (SWPPP) is not being updated as required

by Part II, A. 3 of the permit. There has been a significant addition to the site; however, the SWPPP has not been updated to include all of the permit requirements for the additional 20 acres.

3. The site map in the SWPPP did not contain arrows indicating the direction of

stormwater flows and the approximate slopes anticipated after major grading as required by Part II, A.4.G.1 of the permit. This concerns the added 20 acres at the rear of the property.

4. The site map did not delineate areas of soil disturbance and areas that will not be

disturbed under the coverage of this permit as required by Part II, A.4.G.2 of the permit. This concerns the added 20 acres at the rear of the property.

5. The site map does not contain all the locations where stormwater is discharged off-

site as required by Part II, A.4.G.10 of the permit. Again, this applies to the added 20 acres at the rear of the property.

stout

Sticky Note

Spoke to Ward Padgett on 1/13/2011. Gave response extension until 1/28/2011.

John Burkhalter Burkhalter Apartments January 4, 2011 Page 2

NPDES Report Page 2

6. The site map does not include the areas where final stabilization has been

accomplished and no further construction phase permit requirements apply as required by Part II, A.4.G11 of the permit.

7. Erosion control measures are not being properly installed, operated and maintained

required by Part II.B.17.A of the permit. During the inspection, silt fencing was found to not be trenched into the ground in some locations and sagging or down in other locations. This is a repeat violation that has been noted during the previous three (3) complaint investigations of this site.

8. Barren areas of the site have not been stabilized in a timely manner as required by

Part II, A.4.H.2 of the permit. The record keeping of your inspector as it relates to when areas of the site are disturbed is very poor and makes it difficult to determine when an area was graded and when stabilization must be implemented. There were areas of the site that are still barren since my last complaint investigation of this site in July 2010.

9. Solid waste is not being controlled as required by Part II, A.4.H.1.f of the permit.

Flowable and blowable trash was noted throughout the site and in the stormwater drainage path. This is a repeat violation that has been noted during the previous three (3) complaint investigations of this site.

10. Concrete is being washed out at locations other than the location indicated on the

site map in violation of Part II, A.4.G.7 of the permit. You should consider having multiple washout locations designated on the map. This is especially true for the washout from the small mixer used by the bricklayers. This is a repeat violation that has been noted during a previous complaint investigation of this site.

11. Several small areas where petroleum hydrocarbons were spilled and not promptly

cleaned up were noted throughout the site. There was also a significant spill outside the containment of the small diesel tank on the site. The spilled hydrocarbons are a violation of the Arkansas Water and Air Pollution Control Act (A.C.A. § 8-4-217(a)(2)). This is a repeat violation that has been noted during two (2) of the previous complaint investigations of this site.

In addition to the above violations, it was noted that there has been a significant increase in the size of the construction site. An additional twenty acres have been added, however, you failed to notify the Department of these changes. When your permit for this site was issued you were informed the permit applies only to the original acreage permitted and that you must submit a revised site map that meets the requirement of the permit before construction activity can commence on the added acreage. This has not been accomplished. Please see the letter to you from Mo Shafii dated June 19, 2009.

John Burkhalter Burkhalter Apartments January 4, 2011 Page 3

NPDES Report Page 3

The above items require your immediate attention. Please submit a written response to these findings to Cindy Garner, Water Division Enforcement Branch Manager. This response should be mailed to the address below. This response should contain 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 necessary documentation (i.e. pictures) is due by January 14, 2011. For additional information you may contact the Enforcement Branch by telephone at 501-682-0639 or by fax at 501-682-0910. If I can be any assistance, please contact me at [email protected] or 501-683-0827. Sincerely,

Dennis Benson District 9 Field Inspector Water Division cc: Water Division Enforcement Branch

Water Division Permits Branch Ed Chapman, NLR MS4 via e-mail

ADEQ Water NPDES Inspection AFIN: 60-04338 Permit #: ARR152993

NPDES Report Page 4

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 2 9 9 3 11 12 1 0 1 2 2 1 17 18 W 19 S 20 2 Remarks

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

Name and Location of Facility Inspected (For industrial users discharging to POTW, also include POTW name and NPDES permit number) Burkhalter Commercial Group, LLC, Burkhalter Apartments – From the NLR office go west on Crystal Hill Road towards the City of Maumelle. Turn right on Counts Massie. The site is approximately ½ miles on the right.

Entry Time/Date 1:35 PM ON 12/21/10

Permit Effective Date 11/1/2008

Exit Time/Date 2:30 PM ON 12/21/10

Permit Expiration Date 10/31/2011

Name(s) of On-Site Representative(s)/Title(s)/Phone and Fax Number(s) Talked to several workers on site, Mr. Padget could not be located.

Other Facility Data

Name, Address of Responsible Official/Title/Phone and Fax Number John Burkhalter, Managing Member Burkhalter Commercial Group, Llc. Burkhalter Apartments 26 Collins Industrial Place North Little Rock, AR 72113 501-539-3003

Contacted

Yes No

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

U Permit N

Flow Measurement U Operations & Maintenance N

Sampling

U Records/Reports N

Self-Monitoring Program N Sludge Handling/Disposal N

Pollution Prevention

U Facility Site Review N

Compliance Schedules N Pretreatment N

Multimedia

N Effluent/Receiving Waters N

Laboratory U Storm Water N

Other:

Section D: Summary of Findings/Comments (Attach additional sheets if necessary)

See NPDES Pages 7 and 8 for violation details.

Name(s) and Signature(s) of Inspector(s)

Dennis Benson

Agency/Office/Telephone/FaxArkansas Department of Environmental Quality

Date 12/21/2010

Signature of Reviewer

Agency/Office/Phone and Fax Numbers

Date


NPDES Report Page 5

SECTION I: SITE POSTING AND SITE INFORMATION SITE NAME: Burkhalter Apartments TOTAL ACREAGE 18 ACREAGE DISTURBED 18

LATITUDE34.836775 LONGITUDE-92.381264 STARTING DATE 06/16/09

A. Is site posted with Notice Of Coverage (NOC) (Part II, A.2.D) Y N NA NE

B. Is posting at construction entrance and visible to the public (Part II, A.2.D) Y N NA NE

C. If project is linear, is posting at area actively under construction? (Part I,B.8.C) Y N NA NE

D. If project is part of larger common plan of development, what is development name and permit number Development Name: Development Permit No: SECTION II: STORM WATER POLLUTION PREVENTION PLAN EVALUATION AND IMPLEMENTATION

A. Is the SWPPP being maintained on site from 08:00 am to 5:00 pm (Part II,A.2.A) Y N NA NE

B. Is the SWPPP properly signed as required by Part II, B.1B of the permit? Y N NA NE

C. Is the SWPPP being updated as required by Part II, A.3 of the permit? Y N NA NE

D. Site map in SWPPP (Part II,A.4.G) Y N NA NE

1) Direction of stormwater flow (i.e., use arrows to show which direction stormwater will flow) and approximate slopes anticipated after major grading activities (Part II,A.4.G.1); Y N NA NE

2) Delineate on the site map areas of soil disturbance and areas that will not be disturbed under the coverage of this permit (Part II,A.4.G.2) Y N NA NE

3) Location of major structural and nonstructural controls identified in the plan (Part II,A.4.G.3) Y N NA NE

4) Location of main construction entrance and exit (Part II,A.4.G.4) Y N NA NE

5) Location where stabilization practices are expected to occur (Part II,A.4.G.5) Y N NA NE

6) Locations of off-site materials, waste, borrow area, or equipment storage area (Part II,A.4.G.6) Y N NA NE

7) Location of areas used for concrete wash-out (Part II,A.4.G.7) Y N NA NE

8) Location of all surface water bodies (including wetlands) (Part II,A.4.G.8) Y N NA NE

9) Locations where stormwater is discharged to a surface water and/or municipal separate storm sewer system if applicable (Part II,A.4.G.9) Y N NA NE

10) Locations where stormwater is discharged off-site (should be continuously updated) (Part II,A.4.G.10) Y N NA NE

11) Areas where final stabilization has been accomplished and no further construction phase permit requirements apply(Part II,A.4.G.11) Y N NA NE

E. Stormwater Controls

1) Are all controls installed as described in the SWPPP (Part II,A.4.H) Y N NA NE

2) Silt fences properly installed and maintained (Part II,B.17.A) Y N NA NE

3) Check dams and velocity dissipation devices properly installed and maintained (Part II,B.17.A) Y N NA NE

4) Sedimentation basins and sediment traps properly installed and maintained (sediment removed when 50% capacity) (Part II,B.17.A) and (Part II,A.4.N) Y N NA NE

5) Has sediment that has gotten offsite been removed? (Part II,A.4.H.1.d) Y N NA NE

6) Is construction site entrance sufficiently stabilized to prevent off site tracking? (Part II,A.4.I.2) Y N NA NE

7) Are stabilization methods described in SWPPP being implemented in a timely manner? (Part II,A.4.H.2) Y N NA NE


NPDES Report Page 6

F. Inspections

1) Inspection Frequency in SWPPP – Once every 7 days 14 days and after ½ inch rain event 1a) If inspection frequency is every 14 days, do they have a rain gauge on site? (Part II,A.4.M.1.b) Y N NA NE

1b) Is rain gauge properly installed? (nothing obstructing rain gauge) (Part II,B.17.A) Y N NA NE

2) Are inspection records being maintained on site? (Part II,A.4.M.3) Y N NA NE

3) Are ADEQ inspection forms being used or do the forms contain the elements required by the permit? (Part II,A.4.M.2) Y N NA NE

3a) Inspector Name and Title (Part II,A.4.M.2.a) Y N NA NE

3b) Date of Inspection (Part II,A.4.M.2.b) Y N NA NE

3c) Amount of Rainfall and Days Since Last Rain Event (only if inspection frequency is 14 days) (Part II,A.4.M.2.c) Y N NA NE

3d) BMPs used on-site(Part II,A.4.M.2.d) Y N NA NE

3e) If the BMPs are in working order and if maintenance is required (when scheduled and completed) (Part II,A.4.M.2.e) Y N NA NE

3f) Location and Dates When Major Construction Activities Begin, Occur or Cease (Part II,A.4.M.2.f) Inspector needs to do a better job of documentation of these activities Y N NA NE

3g) Report Signature of Inspector (Part II,A.4.M.2.g) Y N NA NE

4) Are inspections conducted in accordance with the requirements of the SWPPP? (Part II,A.4.M) Y N NA NE

5) Are corrective actions being implemented within 3 days? (Part II,A.4.N) Y N NA NE

G. Stormwater management

1) Is solid waste being controlled as described in SWPPP (Part II, A.4.H.1.f) Y N NA NE

2) Are stabilized buffer zones being maintained? (25 feet from stream, 50 feet if 303 d, TMDL, ERW, ESW or NSW) (Part II, A.4.H.2.b) Y N NA NE

3) Have velocity dissipation devices been installed at discharge points, within concentrated flow areas serving two or more acres and along drainage courses where required to prevent erosive flows (Part II, A.4.H.3.b)

Y N NA NE

4) Has silt or sediment gotten off the construction site? A.C.A.§ 8-4-217(a)(2) Y N NA NE

5) Has silt and sediment been discharged to the waters of the state? A.C.A.§ 8-4-217(a)(2) Y N NA NE

If yes, give the name of the stream or water body:_____________________________________________________

6) Is the washout of concrete being done at the designated location? (Part II,A.4.G.7) Y N NA NE

7) Does the liquid waste from concrete washout reach the waters of the state? (Part II, A.4.I.5) Y N NA NE

8) Are fuel storage areas protected as described by SWPPP? (Part II, A.4.I.6) Y N NA NE

9) Have temporary erosion controls been removed from areas finally stabilized? (Part II, A.4.H) Y N NA NE

10) Are there any allowable non-stormwater discharges that have not been addressed in the SWPPP (Part II, A.4.J) Y N NA NE

11) Are there any process waters or non-stormwater discharges that are not allowed under the permit being discharged? A.C.A.§ 8-4-217(b)(1)(E) Y N NA NE

E. Comments and Observations: Facility has added 20 acres without notifying ADEQ and submitting an updated site map. Hydrocarbon spills continue to be a problem at this site. Several spills were noted on the site that had not been cleaned up in a timely manner.


NPDES Report Page 7

NPDES Compliance Inspection Report Further Explanation

1. The Notice of Coverage (NOC) is not posted at the construction site entrance and

visible to the public as required by Part I, B.8 of the permit. A copy of the NOC was inside the mailbox at the entrance to the facility. It appears the original posting was on the outside of the mailbox, but had deteriorated to such a degree that it was no longer legible.

2. The stormwater pollution prevention plan (SWPPP) is not being updated as required by Part II, A. 3 of the permit. There has been a significant addition to the site; however, the SWPPP has not been updated to include all of the permit requirements for the additional 20 acres.

3. The site map in the SWPPP did not contain arrows indicating the direction of stormwater flows and the approximate slopes anticipated after major grading as required by Part II, A.4.G.1 of the permit. This concerns the added 20 acres at the rear of the property.

4. The site map did not delineate areas of soil disturbance and areas that will not be disturbed under the coverage of this permit as required by Part II, A.4.G.2 of the permit. This concerns the added 20 acres at the rear of the property.

5. The site map does not contain the all the location where stormwater is discharge off-site as required by Part II, A.4.G.10 of the permit. Again, this applies to the added 20 acres at the rear of the property.

6. The site map does not include the areas where final stabilization has been accomplished and no further construction phase permit requirements apply as required by Part II, A.4.G11 of the permit.

7. Erosion control measures are not being properly installed, operated and maintained required by Part II.B.17.A of the permit. During the inspection, silt fencing was found to not be trenched into the ground in some locations and sagging or down in other locations. This is a repeat violation that has been noted during the previous three (3) complaint investigations of this site.

8. Barren areas of the site have not been stabilized in a timely manner as required by Part II, A.4.H.2 of the permit. While the record keeping of your inspector as it relates when areas of the site are disturbed is very poor and makes it difficult to determine when an area was graded and when stabilization must implemented, there were areas of the site that are still barren since my last complaint investigation of this site in July 2010.

9. Solid waste is not being controlled as required by Part II, A.4.H.1.f of the permit. Flowable and blowable trash was noted through out the site and in the stormwater drainage path. This is a repeat violation that has been noted during the previous three (3) complaint investigations of this site.

10. Concrete is being washed out at locations other than the location indicated on the site map in violation of Part II, A.4.G.7 of the permit. You should consider having multiple washout locations designated on the map. This is especially true for the washout from the small mixer used by the bricklayers. This is a repeat violation that has been noted during a previous complaint investigations of this site.

11. Several small areas where petroleum hydrocarbons were spilled and not promptly cleaned up were noted throughout the site. There was also a significant spill outside the containment of the small diesel tank on the site. The spilled hydrocarbons are a violation of the Arkansas Water and Air Pollution Control Act


NPDES Report Page 8

(A.C.A. § 8-4-217(a)(2)). This is a repeat violation that has been noted during two (2) of the previous complaint investigations of this site.

In addition to the above violations, it was noted that there has been a significant increase in the size of the construction site. An additional twenty acres have been added, however, you failed to notify the Department of these changes. When your permit for this site was issued you were informed the permit applies only to the original acreage permitted and that you must submit a revised site map that meets the requirement of the permit before construction activity can commence on the added acreage. This has not been accomplished. Please see letter to you from Mo Shafii dated June 19, 2009.


NPDES Report Page 9

Water Division NPDES Photographic Evidence Sheet Location: Burkhalter Commercial Group, LLC, Burkhalter Apartments Photographer: Dennis Benson Witness: None Photo # 1 Of 13 Date: 12/21/2010 Time: 1:40 pm Description: NOC is no longer legible.

Photographer: Dennis Benson Witness: None Photo # 2 Of 13 Date: 12/21/2010 Time: 1:43 pm Description: Trash that has gotten into drainage path


NPDES Report Page 10

Water Division NPDES Photographic Evidence Sheet Location: Burkhalter Commercial Group, LLC, Burkhalter Apartments Photographer: Dennis Benson Witness: None Photo # 3 Of 13 Date: 12/21/2010 Time: 1:53 pm Description: Silt fence that needs repair and was not trenched in at this location.

Photographer: Dennis Benson Witness: None Photo # 4 Of 13 Date: 12/21/2010 Time: 1:48 pm Description: Construction debris pile at the perimeter. No controls to keep solid waste from blowing offsite.



Water Division NPDES Photographic Evidence Sheet Location: Burkhalter Commercial Group, LLC, Burkhalter Apartments Photographer: Dennis Benson Witness: None Photo # 5 Of 13 Date: 12/21/2010 Time: 2:06 pm Description: Silt fencing that requires maintenance. Also notice solid waste in picture.

Photographer: Dennis Benson Witness: None Photo # 6 Of 13 Date: 12/21/2010 Time: 2:09 pm Description: Another area where silt fences in need of repair were noted.



Water Division NPDES Photographic Evidence Sheet Location: Burkhalter Commercial Group, LLC, Burkhalter Apartments Photographer: Dennis Benson Witness: None Photo # 7 Of 13 Date: 12/21/2010 Time: 1:50 pm Description: One of numerous areas on the site where concrete was washed out without controls.

Photographer: Dennis Benson Witness: None Photo # 8 Of 13 Date: 12/21/2010 Time: 2:14 pm Description: One of numerous areas on the site where concrete was washed out without controls.



Water Division NPDES Photographic Evidence Sheet Location: Burkhalter Commercial Group, LLC, Burkhalter Apartments Photographer: Dennis Benson Witness: None Photo # 9 Of 13 Date: 12/21/2010 Time: 1:50 pm Description: One of the numerous hydrocarbon spills noted throughout the site.

Photographer: Dennis Benson Witness: None Photo # 10 Of 13 Date: 12/21/2010 Time: 1:48 pm Description: A significant hydrocarbon spill was noted outside the containment on this diesel tank.

Stained soil with strong diesel smell



Water Division NPDES Photographic Evidence Sheet Location: Burkhalter Commercial Group, LLC, Burkhalter Apartments Photographer: Dennis Benson Witness: None Photo # 11 Of 13 Date: 12/21/2010 Time: 1:39 pm Description: The area between sidewalk and street has not been stabilized in a timely manner.

Photographer: Dennis Benson Witness: None Photo # 12 Of 13 Date: 12/21/2010 Time: 2:18 pm Description: End of site map where added 20 acres was “drawn on the map”.

Newly added 20 acres indicated on site map. This portion of the site map does not contain all the requirements of the permit



Water Division NPDES Photographic Evidence Sheet Location: Burkhalter Commercial Group, LLC, Burkhalter Apartments Photographer: Dennis Benson Witness: None Photo # 13 Of 13 Date: 12/21/2010 Time: 2:25 pm

Description: Inspector needs to do a better job of documenting what areas are not yet stabilized, when they were disturbed and when they were stabilized.

Documents

January 4, 2011 26 Collins Industrial Place AFIN: 60-04338