mr. michael maloney

August 6, 2010 Mr. Michael Maloney Unimin Corporation Guion, AR 72540 RE: Storm water Inspection AFIN: None NPDES Permit No.: ARR150000 Dear Mr. Maloney: On July 20, 2010, I performed a Stormwater Inspection of your facility. 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. Due to size of the project you are covered under the General Construction Permit (Small Site). This inspection revealed the following violations of the General Construction Permit (Small Site) and the Arkansas Water and Air Pollution Control Act (8-4-217) a, 2. The violation of the Act involved sediment that had been pushed down and into Highway #58 road ditch. This ditch eventually flows to White River. The following items are violations of the General Stormwater Construction Permit (Small Site): 1. The facility did not have a posting for the small construction sites. This is a violation of Part I, Section

B, Item 8, B, of the permit. 2. No Stormwater Pollution Prevention Plan (SWPPP) was being maintained on the site. This is a violation

of Part II, Section A, Item 2, A, of the permit. 3. The facility had no erosion or sediment controls to prevent pollution to waters of the state. This is a

violation of Part II, Section A, Item 4, H, of the permit. 4. No inspections were being performed as required in the SWPPP. This is a violation of Part II, Section A,

Item M, 1, b, of the permit. 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 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 August 16, 2010. For additional information you may contact the Enforcement Branch by telephone at 501-682-0639 or by fax at 501-682-0910.

Mr. Michael Maloney August 6, 2010

NPDES Report Page 2

If I can be 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 #: ARR150000

NPDES Report

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 0 0 0 11 12 1 0 0 7 2 0 17 18 W 19 S 20 2

Remarks

A F I N N o n e C o u n t y I z a r d 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

1300 7-20-10

Permit Effective Date November 1, 2008

Name and Location of Facility Inspected (For industrial users discharging to POTW, also include POTW name and NPDES permit number) Unimin Corporation ¼ mile west of Guion, Arkansas off Highway #58 (Izard County)

Exit Time/Date 1345 7-20-10

Permit Expiration Date October 31, 2011

Name(s) of On-Site Representative(s)/Title(s)/Phone and Fax Number(s) Gary Blankenship / QC & Safety Supervisor / 870-346-5301 Fax: 870-346-5707

Other Facility Data

Contacted

Yes No

Name, Address of Responsible Official/Title/Phone and Fax Number Michael Maloney / Plant Manager / 870-346-5301 Unimin Corporation P.O. box 29 Guion, AR 72540

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

N N N S Sampling Operations & Maintenance Flow Measurement Permit

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

U N N N Facility Site Review Compliance Schedules Pretreatment Multimedia

S N U N Effluent/Receiving Waters Laboratory Storm Water Other: Section D: Summary of Findings/Comments (Attach additional sheets if necessary) The facility built a parking lot. The area on the north side of the parking lot was cleared to bare ground from the front down and into Highway #58 road ditch. The ditch flows west to White River located approx. 2/10 mile away. The size of the site meets the requirements for coverage under the General Construction Permit (Small Site). The sediment pushed into the highway road ditch is a violation of the Arkansas Water and Air Pollution Control Act (8-4-217) a, 2. Also observed were violations of the (Small Site Permit). The following items are violations of the General Construction Permit: 1. The facility did not have a posting for small construction sites. This is a violation of Part I, Section B, Item 8, B, of the permit. 2. No Storm water Pollution Prevention Plan (SWPPP) was being maintained on the site. This is a violation of Part II, Section A, Item 2, A, of the permit. 3. The facility had no erosion or sediment controls to prevent pollution to waters of the state. This is a violation of Part II, Section A, Item 4, H, of the permit. 4. No inspections were being performed as required in the SWPPP. This is a violation of Part II, Section A, Item M, 1, b, of the permit.

Name(s) and Signature(s) of Inspector(s) Agency/Office/Telephone/Fax Date Arkansas Department of Environmental Quality/ Batesville/ July 23, 2010 870-793-5819 Mike Kennedy

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


NPDES Report

Water Division NPDES Photographic Evidence Sheet Location: At the south end of Main Street in Guion , Arkansas off Highway #58 (Izard County) Photographer: Witness: Mike Kennedy Gary Blankenship Photo # Of 1 6 Date: Time: 7-20-10 1317 Description: This view is looking at parking lot project from north to south.

Photographer: Witness: Mike Kennedy Gary Blankenship Photo # Of Date: Time: 2 6 7-20-10 1331 Description: This view is looking back north at the project from the southeast corner.


NPDES Report

Water Division NPDES Photographic Evidence Sheet Location: At the south end of Main Street in Guion , Arkansas off Highway #58 (Izard County) Photographer: Witness: Mike Kennedy Gary Blankenship Photo # Of 3 6 Date: Time: 7-20-10 1332 Description: This view is at the southwest corner of the parking lot.

Photographer: Witness: Mike Kennedy Gary Blankenship Photo # Of Date: Time: 4 6 7-20-10 1335

This view shows the bare ground that slopes down toward the Highway #58 road ditch on the north side of the parking lot. The road ditch flows to White River approx. 2/10 mile to the west.Description:


NPDES Report

Water Division NPDES Photographic Evidence Sheet Location: At the south end of Main Street in Guion , Arkansas off Highway #58 (Izard County) Photographer: Witness: Mike Kennedy Gary Blankenship Photo # Of 5 6 Date: Time: 7-20-10 1335 Description: This view shows bare ground all the way to the road ditch seen at the top of the picture.

Photographer: Witness: Mike Kennedy Gary Blankenship Photo # Of Date: Time: 6 6 7-20-10 1336 Description: An extended view of picture #5 shown at the highway road ditch.


NPDES Report

August 24, 2010 Mr. Michael Maloney Unimin Corporation-Guion Facility P.O. Box 29 Guion, AR 72540 RE: Permit No.: ARR150000, AFIN: 33-00002 Dear Mr. Maloney The Department has received your response to the July 20, 2010 inspection of your facility by our District Field Inspector, Mike Kennedy. 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 site 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 [email protected]. Sincerely,

Amy Schluterman Enforcement Analyst Water Division Enforcement Branch

mr. michael maloney

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