August 4, Mary Bivens 9404 Hwy 5 N Alexander, AR B&H Mobile Home Park Complaint Investigation. Dear Ms. Bivens,
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1 August 4, 2014 Mary Bivens 9404 Hwy 5 N Alexander, AR RE: B&H Mobile Home Park Complaint Investigation Dear Ms. Bivens, On July 24 and 25, 2014, inspections were conducted of the above referenced mobile home park in response to a complaint. The complaint alleged that raw sewage is repeatedly leaking from the sewer and onto the grounds at the mobile home park. 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. Sewage was leaking from a sewer pipe and onto the ground near 15 Bivens Loop. The sewage was flowing across the tenant s property and through the dog kennel. This tenant reported a similar sewage leak on July 16, Sewage has spilled onto the ground where it entered, or had the potential to enter into waters of the state. 2. Doug Smith, City of Bryant Code Enforcement, and I investigated a complaint of a sewage leak at 16 Bivens Loop. The manhole near the tenant s mobile home became clogged with grease and overflowed onto the ground, causing sewage to flow across the property and into a nearby ditch on Shobe Ln. I understand that this particular complaint was remediated. The above instances are in violation of A.C.A (a)(2) which states, It shall be unlawful for any person to place or cause to be placed any sewage, industrial waste, or other wastes in a location where it is likely to cause pollution of any waters of this state. You are required to immediately remove all solid waste from this area and prevent any future incidents from occurring. The above items require your immediate attention. Please submit a written response to these findings to the Water Division Inspection Branch of this Department. This response should be mailed to the address at the bottom of the first page of the letter or e- mailed to Water-Inspection-report@adeq.state.ar.us. This response should contain documentation describing the course of action taken to correct each item noted.
2 The corrective action should be completed as soon as possible, and the written response with all necessary documentation (i.e. photos) is due by August 19, If I can be of any assistance, please contact me at or send an to mcadoo@adeq.state.ar.us. Sincerely, Erica McAdoo District 9 Field Inspector Water Division CC: Doug Smith, City of Bryant Code Enforcement 210 SW 3rd St. Bryant, AR 72022
3 COMPLAINANT NAME: Anonymous MAILING ADDRESS: CITY, STATE, ZIP: AR PHONE & EXT: / FAX: RESPONSE REQUESTED BY COMPLAINANT: Yes / HOW WAS COMPLAINT RECEIVED BY ADEQ: PHON PERSON RECEIVING REPORT: WATER DIVISION COMPLAINT REPORT AFIN: PERMIT #: AR terminated COUNTY: Saline PDS #: GPS LOCATION: LAT: LONG: Discharge Site / General Area / Entrance DATE: COMPLAINT AGAINST: B&M Mobile Home Park SITE ADDRESS: 9404 Hwy 5 North MAILING ADDRESS: 404 HIGHWAY 5 NORTH CITY, STATE, ZIP: Alexander AR PHONE & EXT: / FAX: / ADEQ = ADEQ Personnel EML = FAX = Fax LTR = Letter PERS = Personal Contact PHON = Telephone WEB = ADEQ Website SUPERVISOR REFERRAL: Erica McAdoo 6/23/14 Jason Bolenbaugh 6/23/14 MEDIA SUPERVISOR REFERRAL: DATE: RECEIVING INSPECTOR: (ID & Name) DATE: Erica McAdoo 6/24/14 DETAILED DESCRIPTION OF COMPLAINT Doug Smith, Code Enforcement officer for the City of Bryant notified me of unsightly and unsanitary conditions at the B&M Mobile Home Park. He was contacted by a resident who has noticed ongoing sewer overflows. DETAILED LOCATION From I-40 east, take I-30 south to Otter Creek Rd. Take Otter Creek west to Hwy 5 South. Continue approximately 2 miles. The mobile home park is on the left. PREVIOUS COMPLAINTS: Yes DATE(S): 6/24/14; 7/16/14; 7/24/14 FOLLOW-UP ON COMPLAINT NUMBER OF SITE VISITS: 1 DATES: FIRST 6/24/14 SECOND 7/16/14 THIRD 7/24/14 PHOTOS TAKEN: Yes DISCHARGE TO WATER OF THE STATE: Yes SAMPLES COLLECTED: No NAME OF WATERBODY: ditch to unnamed tributary, thence to Crooked Creek FAYETTEVILLE SHALE RELATED: No FAYETTEVILLE SHALE VIOLATIONS: No INVESTIGATION & ACTION TAKEN I met with Doug Jones with the City of Bryant at the mobile home park, where I observed sewage actively flowing from the ground near 15 Bivens Loop. The sewer was actively flowing across a tenants property at 16 Bivens Loop and onto the road, as well as into the ditch on Shobe Ln. Complete remediation of the site is required, including the immediate removal of all solid waste from this area. Measures must be taken to prevent any future incidents from occurring. REFERRED: No TO WHOM: N/A DATE REFERRED: RESPONSE REQUESTED: Yes BY WHOM?(ID and Name): RESPONSE COMMENT: RESPONSE TRACKING RESPONSE PROVIDED: *** RESPONSE PROVIDED DATE: ASSIGNED TO? (ID and Name): DATE: INSPECTOR: SUPERVISOR: Revised: 5/13/2013 Erica McAdoo Jason Bolenbaugh DATE: 7/31/2014 DATE: 8/4/2014 Page 1 of 10
4 Complaint Report: B&M AFIN: , Permit #: AR Water Division Photographic Evidence Sheet Location: B&M Mobile Home Park Photographer: Erica McAdoo, ADEQ Inspector Date: 7/2/14 Time: 2:45 Witness: Doug Smith, Bryant Code Enforcement Photo #: 1 Description: Raw sewage flowing across Bivens Loop at Lot 16 Photographer: Doug Smith, Bryant Code Enforcement Date: 7/15/14 Time: 2:45 Witness: Erica McAdoo, ADEQ Inspector Photo #: 2 Description: Raw sewage is flowing across Bivens Loop near other residents property Page 2 of 10
5 Complaint Report: B&M AFIN: , Permit #: AR Water Division Photographic Evidence Sheet Location: B&M Mobile Home Park Photographer: Doug Smith, Bryant Code Enforcement Date: 7/15/14 Time: 2:45 Witness: Erica McAdoo, ADEQ Inspector Photo #: 3 Description: Raw sewage is flowing from Bivens Loop Lot 16 and onto private property on Shobe Ln. Photographer: Doug Smith, Bryant Code Enforcement Date: 7/15/14 Time: 2:45 Witness: Erica McAdoo, ADEQ Inspector Photo #: 4 Description: Raw sewage is flowing from Bivens Loop Lot 16 and onto private property on Shobe Ln. Page 3 of 10
6 Complaint Report: B&M AFIN: , Permit #: AR Water Division Photographic Evidence Sheet Location: B&M Mobile Home Park Photographer: Doug Smith, Bryant Code Enforcement Date: 7/15/14 Time: 2:45 Witness: Erica McAdoo, ADEQ Inspector Photo #: 5 Description: Raw sewage flowing onto the property near Lot 16 on Bivens Loop Page 4 of 10
7 Complaint Report: B&M AFIN: , Permit #: AR Figure 1: Google Earth Photo of Area; Showing flow path and proximity to unnamed tributary Page 5 of 10
8 Complaint Report: B&M AFIN: , Permit #: AR Figure 2: Google Earth Photo of Area; Showing flow path and proximity to unnamed tributary Page 6 of 10
9 Complaint Report: B&M AFIN: , Permit #: AR Figure 3: Google Earth Photo of Area; Showing flow path and proximity to ditch Page 7 of 10
10 Complaint Report: B&M AFIN: , Permit #: AR Figure 4 : Google Earth Photo of Area; Showing flow path and proximity to ditch Page 8 of 10
11 Complaint Report: B&M AFIN: , Permit #: AR Appendix A: City of Bryant Code Enforcement Case # 545 Code Information Date 7/16/2014 Code Number 545 Name MARY BIVENS Address 15 BIVENS LOOP Driver s License Date of Birth Telephone Complainant Name CITY OF BRYANT Violation UNSIGHTLY AND UNSANITARY/PUBLIC HEALTH HAZARD Complaint SEWER RUNNING ON THE GROUND Complainant Telephone/Address N. SHOBE Status Open Date Completed Assigned To D. Smith Property Information Parcel#: BIVENS MARY L 1 BIVENS LOOP Owner Information BIVENS MARY L 9404 HWY 5 N ALEXANDER, AR Activities Date Type Description 7/16/2014 Inspection WENT TO SEE IF SEWER WAS RUNNING ON THE GROUND. Scheduled Date Time Completed Date Assigned To Status 7/15/ :30 7/15/2014 D. Smith Completed Notes Date 7/16/2014 Note 7/15/14 TOOK PICTURES OF SEWER RUNNING OVER THE GROUND AT #15 BIVENS LOOP. THE SEWER WAS RUNNING OVER TO THE NEXT PROPERTY ON N. SHOBE RD. Page 9 of 10
12 Complaint Report: B&M AFIN: , Permit #: AR Appendix B: City of Bryant Code Enforcement Case # 572 Code Information Date 7/24/2014 Code Number 572 Name MARY BIVENS Address 15 BIVENS LOOP Driver s License Date of Birth Telephone Complainant Name CITY OF BRYANT Violation UNSIGHTLY AND UNSANITARY/PUBLIC HEALTH HAZARD Complaint SEWER RUNNING ON THE GROUND Complainant Telephone/Address CITY OF BRYANT Status Open Date Completed Assigned To D. Smith Property Information Parcel#: BIVENS MARY L 1 BIVENS LOOP Owner Information BIVENS MARY L 9404 HWY 5 N ALEXANDER, AR Activities Date Type Description Scheduled Date Time Completed Date Assigned To Status 7/24/2014 Inspection 7/24/ :00 7/24/2014 D. Smith Completed Notes Date 7/24/2014 Note WENT BY TO LOOK. MAN AT TRAILOR 15 TOLD ME THEY FIXED IT A FEW DAYS AGO. BUT STARTED TO OVERFLOW AGAIN AFTER THE RAIN. Page 10 of 10
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19 August 20, 2014 Mary Bivens 9404 Hwy 5 N Alexander, AR RE: B&H Mobile Home Park Inadequate Response to Complaint Investigation Dear Ms. Bivens, We received your response dated August 13, 2014 referencing the July 24, 2014 complaint investigation. However, your response only addressed the June 24, 2014 sewage leak near #16 Bivens Loop. Your records show that a clean-up was performed on July 6, 2014, to remove the top soil from the yard near Lot 15. You have not provided us with records to indicate that a clean-up was performed near Lot 16 after the July 24, 2014 sewage leak. All evidence of raw sewage and solids must be removed from the property. Please submit a written response to these findings to the Water Division Inspection Branch of this Department. This response should be mailed to the address at the bottom of the first page of the letter or ed to Water-Inspectionreport@adeq.state.ar.us. 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. photos) is due by September 5, If I can be of any assistance, please contact me at or send an to mcadoo@adeq.state.ar.us. Sincerely, Erica McAdoo District 9 Field Inspector Water Division cc: Doug Smith, City of Bryant Code Enforcement 210 SW 3rd St. Bryant, AR 72022
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