ADEQ Water NPDES Inspection AFIN: NA Permit #: ARR150000 WATER DIVISION NPDES COMPLAINT REPORT GPS LOCATION: 35.30308°, 92.43023° DATE RECEIVED: September 9, 2009 COMPLAINANT NAME: Lindsey Lewis, USFWS ADDRESS: 110 S. Amity Rd., Suite 300, Conway, AR PHONE: 501-513-4489 AFIN: NA PERMIT#: ARR150000 COUNTY: Faulkner COMPLAINT AGAINST: David Reynolds ADDRESS: 139 Acres Circle, Greenbrier, AR 72058 PHONE: 501-733-7105 TRACKING & REFERRAL INFORMATION PERSON RECEIVING REPORT: DATE: INSPECTOR REFERRAL: DATE: PHONE REFERRAL CONTACT: DATE: SUPERVISOR REFERRAL: Eric Fleming MEDIA SUPERVISOR REFERRAL: DATE: 09-09-09 DATE: RECEIVING INSPECTOR: Amy Beck DATE: 09-10-09 COMPLAINT RECEIVED BY: PHONE LETTER VERBAL INTERNET ;EMAIL DETAILED DESCRIPTION The complainant stated that he had come across what appears to be two frac ponds that are being constructed by SEECO or by the landowners for frac water. The well pad sites are both new and are not yet drilling. Both are on ephemeral or possibly spring fed tributaries of Cadron Creek. The first (pond) is incomplete with some evidence that part of it was an existing pond and possibly wetlands as they were removing very dark soils as can be seen in the photos. SEECO signs indicate the property owner is Reynolds. The second (pond) is currently filling with water and has completely stopped any downstream flow with no pipe of spillway apparent for discharge. The pad at the second site is also incomplete. SEECO signs indicate the property owner is Mallett. None of the sites had any erosion/silt controls. Both sites are upstream of cattle farms and are likely affecting their water quantities and if not mitigated with affect Cadron Creek water quantity and quality. LOCATION at the provided coordinates – on Acres Circle off W. Republican Road, north of Greenbrier NPDES Report Page 6 ADEQ Water NPDES Inspection AFIN: NA Permit #: ARR150000 PREVIOUS COMPLAINT: YES ;NO DATES: DISCHARGE TO STREAM: YES ;NO NAME OF STREAM: INVESTIGATION INSPECTOR: DATE: Amy Beck September 11, 2009 ACTION TAKEN: PHOTOS TAKEN: ;YES NO Upon investigation, I discovered the ponds in the complaint are not related to SEECO operations. This report addresses the first pond named in the complaint. I visited Mr. Reynolds’ pond on Sept. 11, 2009. Arriving at the site I observed the disturbed area is greater than one acre. The Notice of Coverage is not posted, and I did not find the SWPPP or inspection records on site. There are no sediment controls on site, however the area between the pond and the storm outlet is well vegetated. I did not observe sediment leaving the site or in waters of the state. I spoke with Mr. Reynolds on September 14, 2009 about the pond. He was not aware the pond construction was covered by the Department’s permit ARR150000. He confirmed a pond was there originally, and he was enlarging it. Work on the pond was delayed due to wet weather, but he is planning on finishing as soon as he can. He stated the pond was for their personal use and would not be used for gas drilling operations. I suggested he stake hay bales around the outlet and get the area stabilized as soon as possible. I also investigated the well site and the other pond mentioned in the complaint. Separate letters/investigation reports will be sent to those parties. FURTHER ACTION: None. SIGNATURE: Amy Beck DATE: 09-11-2009 NPDES Report Page 7