Complaint Investigation Dear Mr. Sexton - Arkansas Department of ...

February 16, 2010
Mr. Richard Sexton
225 Old River Road
Pangburn, AR 72121
RE: Complaint Investigation
Dear Mr. Sexton:
On January 26, 2010, I performed a complaint investigation alleging that a cleared lot owned by McJester
Baptist Church did not have any control measures set up to prevent sediment from washing off of the site
into Big Creek. 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 inspection, I observed the following violation:
The cleared lot located approximately 75 feet north and uphill from Big Creek did not have any control
measures in place to prevent sediment from washing off of the site and then into Big Creek. This is
considered to be placing or caused to be placed waste in a location where it is likely cause pollution to
the Waters of the State which is a violation of the Arkansas Water and Air Pollution Control Act (8-4-
217) a, 2.
The above item requires your immediate attention. Please submit a written response to this finding to Cindy
Garner, Water Division Enforcement Branch Manager 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 with all
documentation (i.e. pictures) is due by February 26, 2010.
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 870-793-5819.
Sincerely,
Mike Kennedy
District 11 Field Inspector
Water Division
NPDES Report Page 2

WATER DIVISION COMPLAINT REPORT
GPS LOCATION:
AFIN: None
PERMIT#: None
DATE RECEIVED: January 14, 2010
COUNTY: Cleburne
COMPLAINANT NAME: Anonymous
COMPLAINT AGAINST: McJester Baptist Church
ADDRESS: N/A
ADDRESS: 25 Old River Road
Pangburn, AR 72121
PHONE: N/A
PHONE: 501-728-3694 Church Representative
Richard Sexton
TRACKING & REFERRAL INFORMATION
PERSON RECEIVING REPORT: DATE: SUPERVISOR REFERRAL:
DATE:
Dale Washam
1-14-10
INSPECTOR REFERRAL:
DATE: MEDIA SUPERVISOR REFERRAL: DATE:
Mike Kennedy
1-14-10
PHONE REFERRAL CONTACT: DATE: RECEIVING INSPECTOR: DATE:
COMPLAINT RECEIVED BY: PHONE LETTER VERBAL INTERNET EMAIL
DETAILED DESCRIPTION
The complaint alleged that a lot had been cleared along Big Creek and that the creek emptied into Little Red
River and no sediment controls had been set up to prevent runoff into the creek.
LOCATION
Physical Address: McJester Baptist Church (25 Old River Road, Pangburn, AR 72121). Drive on Highway #110
north of Pangburn, Arkansas approx. 2 miles, then turn onto McJester Road and drive approx. 1 mile to Old
River Road. This road turns east approx. 75 yards north of where the road crosses over Big Creek. The
cleared lot is on the north side of the creek.
PREVIOUS COMPLAINT: YES NO DATES:
DISCHARGE TO STREAM: YES NO NAME OF STREAM:
INVESTIGATION
INSPECTOR:
DATE: January 26, 2010
Mike Kennedy
ACTION TAKEN:
PHOTOS TAKEN: YES NO
The Water Inspector drove to the site of the cleared lot. The Inspector observed that a lot had been cleared
to bare ground on the north side of Big Creek at the junction of McJester Road and Old River Road. The lot is
on the south side of Old River Road and on the north side of Big Creek. The lot appeared to be approx. 125
feet wide by approx. 100 feet deep. The lot is approx. 75 feet north and uphill from Big Creek. The lot appeared
to have been built up on the creek side approx. 5 feet high with fill dirt. There was no sediment controls set up
to prevent erosion or sediment from leaving the site. This is a violation of the Arkansas Water and Air
Pollution Control Act (8-4-217) a, 2.
The Inspector met with Mr. Richard Sexton, Representative for McJester Baptist Church. He was informed
of the complaint and of the violation of the Act observed by the Inspector. He was also informed that the
church needed to take whatever measures necessary to prevent sediment from washing into Big Creek from
the lot.
FURTHER ACTION:
A letter will be forwarded to Mr. Sexton requiring a detailed written response back to the Department
addressing the violation of the Act (8-4-217) a, 2.
SIGNATURE: Mike Kennedy DATE: February 10, 2010
NPDES Report Page 3

Water Division NPDES Photographic Evidence Sheet
Location: Approx. 1.5 miles northeast of Pangburn, Arkansas bordering Old River Road (Cleburne County)
Photographer: Mike Kennedy Witness: None
Photo # 1 Of 4 Date: 1-26-10 Time: 1613
Description: This is a view of the cleared lot located uphill just north of Big Creek looking from north to south.
Photographer: Mike Kennedy Witness: None
Photo # 2 Of 4 Date: 1-26-10 Time: 1617
Description:
This view is looking north at the cleared lot from the bridge over Big Creek. Note any sediment leaving the site
can easily wash down into Big Creek.
NPDES Report Page 4

Water Division NPDES Photographic Evidence Sheet
Location: Approx. 1.5 miles northeast of Pangburn, Arkansas bordering Old River Road (Cleburne County)
Photographer: Mike Kennedy Witness: None
Photo # 3 Of 4 Date: 1-26-10 Time: 1622
Description: This view shows a natural drain located on the east side of the cleared lot that flows down into Big Creek.
Photographer: Mike Kennedy Witness: None
Photo # 4 Of 4 Date: 1-26-10 Time: 1623
This view at the south end of the lot shows where the pad has been built up. Sediment washing from this end of
Description:
the lot will wash down into Big Creek located approx. 75 feet south.
NPDES Report Page 5

March 10, 2010
Richard Sexton, Trustee
McJester Baptist Church
25 Old River Road
Pangburn, AR 72121
RE:
#010151, Response to Complaint Inspection
Dear Mr. Sexton:
The Department has received your response to the letter of inspection, dated 02/26/2010. Your
letter 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 501-682-0635
or you may e-mail me at anderson@adeq.state.ar.us.
Sincerely,
Alan Anderson
Enforcement Analyst
Water Division, Enforcement Branch