June 2, 2008 Mr. Brett Hash Cave Springs Property Owners Improvement District P.O. Box 459 Cave Springs, Arkansas 72718 RE: The Creeks Golf Course, Highway 112, Cave Springs, Arkansas NPDES Permit No.: Not Permitted Dear Mr. Hash: On March 26, 2008, I performed a storm water discharge permit 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 was conducted in response to a complaint of erosion control problems along Osage Creek and surrounding the newly constructed wastewater treatment plant (WWTP). This inspection revealed the following violations:

1. Failure to obtain a NPDES Storm Water Discharge Permit for the construction site. This is a violation of Part I.A of the permit. Based on the disturbed acreage, this is a medium construction site. You are required to submit a Notice of Intent (Part I.B.7), submit a permit fee (ADEQ Regulation No. 9), post the site (Part I.B.7.e) and develop a storm water pollution prevention plan (SWPPP) which complies with the requirements of Part II.A of the permit.

2. Transport of sediment from the construction site to the Waters of the State. This is in

violation of the Arkansas Water and Air Pollution Control Act 8-4-217,(a)(2). Lack of stabilization measures and adequate controls have allowed sediment from the construction project to enter Osage Creek.

In addition, there are erosion problems due to lack of stabilization surrounding the WWTP located west of the river. Effective measures must be employed to prevent erosion of the material surrounding each of the wastewater plant treatment units. In addition, a storm water detention pond is located above the WWTP. The discharge from this pond is directed toward the WWTP operations building, and should be diverted to prevent possible erosion along its foundation.

Brett Hash, Cave Springs Golf Course June 2, 2008 Page 2

Storm Water Report Page 2

The above items require your immediate attention. Please submit a written response to these findings 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 items noted. This corrective action should be completed as soon as possible, and the written response is due by June 23, 2008. 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 of any assistance, please contact me at 479-267-0811, ext. 16. Sincerely,

John Fazio District 1 Field Inspector Water Division cc: Honorable Mark Reeves, Mayor City of Cave Springs P.O. Box 36 Cave Springs, Arkansas 72718 Water Division Enforcement Branch Water Division Permits Branch

ADEQ Const. Storm Water Insp. AFIN: Unpermitted Permit #: Unpermitted

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 - - - - - - 11 12 0 8 0 3 2 6 17 18 W 19 S 20 2

Remarks

N O T P E R M I T T E D Inspection Work Days

Facility Evaluation Rating

BI

QA

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

67

69

70

71

N

72

N

73

74

75

80

Section B: Facility Data

Entry Time/Date 1250 / 3-26-08

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) The Creeks Golf Course Hwy 112 Cave Springs, Arkansas

Exit Time/Date 1355 / 3-26-08

Permit Expiration Date 10/31/08

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

Other Facility Data

Contacted

Yes No

Name, Address of Responsible Official/Title/Phone and Fax Number Brett Hash Cave Springs Property Owners Improvement District P.O. Box 459 Cave Springs, Arkansas 72718 479-601-5687 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

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

1. Failure to obtain a NPDES Storm Water Discharge Permit for the construction site. 2. Transport of sediment from the construction site to the Waters of the State.

Effective measures must be employed to stabilize the areas surrounding Osage Creek and the newly constructed WWTP.

Name(s) and Signature(s) of Inspector(s) Agency/Office/Telephone/Fax Date AR Dept. of Environmental Quality-Fayetteville 479-267-0811, ext. 16 / 479-267-0819 06/02/08

John Fazio Signature of Reviewer Agency/Office/Phone and Fax Numbers Date

ADEQ Const. Storm Water Insp. AFIN: Unpermitted Permit #: Unpermitted

Storm Water Report Page 4

A. General Information Site Name: Cave Springs Golf CourseLatitude: Longitude: Total Acreage: >5 Acreage Disturbed: >5 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: Not permitted (no NPDES permit) Are stabilization practices satisfactory? Yes No NA Comments: Are sediment & erosion controls satisfactory? Yes No NA Comments: Evidence of sediment leaving the site? Yes No NA Comments: 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: Not permitted Is corrective action taken based on results of inspections? Yes No NA Comments: Not permitted Are daily rainfall totals recorded? Yes No NA Rainfall measured using: On-site Rain Gauge NA Other: Comments: General Comments:

ADEQ Const. Storm Water Insp. AFIN: Unpermitted Permit #: Unpermitted

Storm Water Report Page 5

Water Division Construction Storm Water Photographic Evidence Sheet Location: The Creeks Golf Course, Cave Springs Photographer: Witness: John Fazio None Photo # Of 1 10 Date: Time: 3/26/08 1307 Description: Transport of sediment over silt fence adjacent to Osage Creek. Creek to right (east) of photo.

Photographer: Witness: John Fazio None Photo # Of Date: Time: 2 10 3/26/08 1310 Description: Transport of sediment over silt fence adjacent to Osage Creek.

ADEQ Const. Storm Water Insp. AFIN: Unpermitted Permit #: Unpermitted

Storm Water Report Page 6

Water Division Construction Storm Water Photographic Evidence Sheet Location: The Creeks Golf Course, Cave Springs Photographer: Witness: John Fazio None Photo # Of 3 10 Date: Time: 3/26/08 1311 Description: Transport of sediment over silt fence adjacent to Osage Creek.

Photographer: Witness: John Fazio None Photo # Of Date: Time: 4 10 3/26/08 1312 Description: Transport of sediment over silt fence adjacent to Osage Creek.

ADEQ Const. Storm Water Insp. AFIN: Unpermitted Permit #: Unpermitted

Storm Water Report Page 7

Water Division Construction Storm Water Photographic Evidence Sheet Location: The Creeks Golf Course, Cave Springs Photographer: Witness: John Fazio None Photo # Of 5 10 Date: Time: 3/26/08 1313 Description: Controls not maintained along Osage Creek.

Photographer: Witness: John Fazio None Photo # Of Date: Time: 6 10 3/26/08 1321 Description: Lack of stabilization surrounding new wastewater plant.

ADEQ Const. Storm Water Insp. AFIN: Unpermitted Permit #: Unpermitted

Storm Water Report Page 8

Water Division Construction Storm Water Photographic Evidence Sheet Location: The Creeks Golf Course, Cave Springs Photographer: Witness: John Fazio None Photo # Of 7 10 Date: Time: 3/26/08 1331 Description: Lack of stabilization surrounding wastewater plant oxidation tanks, blowers and clarifiers.

Photographer: Witness: John Fazio None Photo # Of Date: Time: 8 10 3/26/08 1344 Description: Lack of stabilization around wastewater plant clarifiers and sludge tanks.

ADEQ Const. Storm Water Insp. AFIN: Unpermitted Permit #: Unpermitted

Storm Water Report Page 9

Water Division Construction Storm Water Photographic Evidence Sheet Location: The Creeks Golf Course, Cave Springs Photographer: Witness: John Fazio None Photo # Of 9 10 Date: Time: 3/26/08 1332 Description: Inadequate detention pond outfall controls and lack of stabilization above WWTP operations building.

Photographer: Witness: John Fazio None Photo # Of Date: Time: 10 10 3/26/08 1349 Description: Lack of controls around stockpiled gravel allowing erosion of gravel into Osage Creek.