December 13, 2013 Norm Wagner, Forest Supervisor U.S. Forest Service, Ouachita National Forest P.O. Box 1270 Hot Springs, AR 71902 Re: Complaint Investigation at Wolf Pen Gap Recreation Area (Polk Co) Dear Mr. Wagner: On November 1, 2013, Water Division District 7 Field Inspector Shan Lynch and I performed an investigation of the Wolf Pen Gap Trail System in response to a complaint. The complainant alleged that the water quality of Gap Creek, Board Camp Creek and all tributaries of both streams is being negatively impacted by the operation of off-road vehicles (ORVs) on the Wolf Pen Gap Trail System. The complainant specifically mentioned concern for the violation of Regulation 2 turbidity standards when ORVs cross these streams and tributaries. This investigation revealed that the U.S. Forest Service is in violation of the Federal Clean Water Act, the Arkansas Water and Air Pollution Control Act, and the regulations promulgated thereunder. Specifically, I found the following violation: Causing or allowing instream activities to exceed the turbidity values identified in Regulation 2.503 for the Ouachita Mountain Ecoregion. Regulation 2.503 Turbidity There shall be no distinctly visible increase in turbidity of receiving waters attributable to municipal, industrial, agricultural, other waste discharges or instream activities. Specifically, in no case shall any such waste discharge or instream activity cause turbidity values to exceed the base flows values listed below. Additionally, the non-point source runoff shall not result in the exceedance of the in stream all flows values in more than 20% of the ADEQ ambient monitoring network samples taken in not less than 24 monthly samples. The Ouachita Mountains Ecoregion sets the turbidity limit at 10 NTU or 18 NTU following a storm event. During our investigation, downstream samples of Gap Creek at the Trail #2 crossing were collected immediately after one Off Road Vehicle (ORV) traveled through the creek. One sample was collected at 11:15 and had a result of 65.9 NTU and a second sample was collected at 1:34 and had a result of 134 NTU. Both of these results exceed the turbidity values set forth in Reg. 2.503. For comparison, upstream samples were collected simultaneously. The first upstream sample showed a result of 3.39 NTU and the second sample showed a result of 3.25 NTU. Additionally, it was noted that some Best Management Practices (BMPs) have been implemented and these BMPs show effectiveness in the ability to decrease or eliminate the amount of sediment introduced into the streams and tributaries. However, it was also noted that only a small portion of the stream and tributary crossings that are in need of BMPs have been completed. Please continue in your efforts to maintain the existing BMPs and to implement these needed BMPs in a timely manner. The above item requires your immediate attention. Please submit a written response to this finding to the Water Division Inspection Branch, of this Department. This response should be mailed to the address below, or e-mailed to Water-Inspection- [email protected]. 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 documentations (i.e. photos) is due by December 27, 2013. If I can be of any assistance, please feel free to contact me at 501-682-0642 or by email at [email protected]. Sincerely, Kerri McCabe Inspector Supervisor Water Division WATER DIVISION COMPLAINT REPORT AFIN: 57-00000 PERMIT #: N/A COUNTY: 57 Polk PDS #: 016429 GPS LOCATION: LAT: LONG: Discharge Site / General Area / Entrance COMPLAINANT NAME: Anonymous COMPLAINT AGAINST: US Forest Service RESPONSE REQUESTED BY COMPLAINANT: Yes SITE ADDRESS: Wolf Pen Gap Rec. Area MAILING MAILING P.O. Box 1270 ADDRESS: ADDRESS: CITY, STATE, ZIP: CITY, STATE, ZIP: Hot Springs AR 71902 PHONE & EXT: FAX: PHONE & EXT: FAX: EMAIL: EMAIL: ADEQ = ADEQ Personnel | EML = E-Mail | FAX = Fax | LTR = Letter HOW WAS COMPLAINT RECEIVED BY ADEQ: PHON PERS = Personal Contact | PHON = Telephone | WEB = ADEQ Website PERSON RECEIVING REPORT: DATE: SUPERVISOR REFERRAL: DATE: Shan Lynch 10-29-2013 MEDIA SUPERVISOR REFERRAL: DATE: RECEIVING INSPECTOR: (ID & Name) DATE: 26152 Shan Lynch 10-29-2013 DETAILED DESCRIPTION OF COMPLAINT Complainant stated he was concerned that the water quality of Gap Creek, Board Camp Creek and all tributaries of both streams is being negatively impacted by the operation of off-road vehicles (ORVs) on the Wolf Pen Gap Trail System. The complainant specifically mentioned concern for the violation of Reg. 2 turbidity standards when ORVs cross these streams and tributaries. DETAILED LOCATION Wolf Pen Gap Trail System is located 9 miles south of Mena, AR in Polk County between State Hwy 375 and Polk County Rds 64, 84 and 61 (also known as Heath Valley Rd). There are four trail heads. The west trail head is located off of State Hwy 375, 9 miles south of Mena; the south trail head is located off of State Hwy 375 approximately 11.5 miles south of Mena; the east trail head is located off of Polk County Rd 84, 5 miles west of Hwy 8 near Big Fork; and the north trail head is located off of Polk County Rd 61, 3.8 miles south of State Hwy 8 near Board Camp. PREVIOUS COMPLAINTS: No DATE(S): FOLLOW-UP ON COMPLAINT NUMBER OF SITE VISITS: 1 DATES: FIRST 11-1-2013 SECOND THIRD PHOTOS TAKEN: Yes DISCHARGE TO WATER OF THE STATE: No SAMPLES COLLECTED: Yes NAME OF WATERBODY: Gap Creek FAYETTEVILLE SHALE RELATED: No FAYETTEVILLE SHALE VIOLATIONS: No Page 1 of 4 Complaint Report: US Forest Service, AFIN: 57-00000, Permit #: N/A INVESTIGATION & ACTION TAKEN On the morning of November 1, 2013, I met with ADEQ Water Inspector Supervisor Kerri McCabe and the complainant at the West trail head. We first walked a short distance down Trail #2 and observed some existing Best Management Practices (BMPs) that have been implemented. These include "plank crossings" and sediment traps or sediment basins. A plank crossing consists of several rectangular concrete slabs approximately 10 ft. long and 1.5 ft. wide and placed a few inches apart in the stream bed for the purpose of protecting against any stream bed disturbance while traversing a stream on an ORV. At this particular location, this appeared to be an effective BMP (See Photo #1). In the same area, we noted two sediment traps (See Photo #2). The sediment traps are placed in a strategic location along the trail and designed to collect fine sediment that is generated by ORV use and during and after a rain events when runoff is likely. These sediment traps appear to be effective BMPs; but at the time, the sediment traps were nearly full of sediment and appeared to be either undersized or in need of maintenance by removing the accumulated sediment. After some discussion, we continued to tour the trail system and areas of concern were brought to our attention including locations of accumulated sediment in non-flowing tributaries where these small tributaries cross the trail system (See Photo #3). This sediment would likely be deposited into the creeks during a rain event. Throughout the tour, we noticed piles of "uninstalled" planks along the trail system in several locations. At one point during our investigation, while along the banks of Gap Creek, we encountered an ORV in the process of crossing Gap Creek on Trail #2. After the ORV crossed Gap Creek; an upstream, an upstream duplicate and a downstream turbidity sample was collected (See Photo #4). The results of this sample were provided by the ADEQ lab on November 5, 2013 and show that the upstream sample result was 3.39 NTU, the upstream duplicate sample result was 3.12 NTU and the downstream sample result was 65.9 NTU. This exceeds the Reg. 2.503 turbidity standard of 10 NTU for the Ouachita Mountain Ecoregion. Complete sample results are attached to this report. We continued our tour and were shown bridges that have been constructed within the last few years and large deposits of river gravel that likely originated from upstream cut banks. Toward the end of the tour, we again encountered an ORV at the Gap Creek / Trail #2 crossing. After the ORV crossed, an upstream and downstream turbidity sample was collected. The results of the sample were provided by the ADEQ lab on November 5, 2013 and show that the upstream sample result was 3.25 NTU and the downstream sample result was 134 NTU. This also exceeds the Reg. 2.503 turbidity standard of 10 NTU for the Ouachita Mountain Ecoregion. Let it be known that the chain of custody and sample result report indicate that the sample was collected at the Gap Creek / Trail #3 crossing; however, this is a recording mistake that was later brought to my attention and the location of both sample collections was Gap Creek / Trail #2 crossing. The exact sample location was identified with a GPS and is noted to be 34 29.069' -94 07.556'. REFERRED: No TO WHOM: N/A DATE REFERRED: RESPONSE TRACKING RESPONSE REQUESTED: Yes RESPONSE PROVIDED: Yes RESPONSE PROVIDED DATE: 11/20/2013 BY WHOM?(ID and Name): ASSIGNED TO? (ID and Name): 84022 Kerri McCabe RESPONSE COMMENT: Investigated; letter will be sent to USFS outlining findings of investigation. Complainant was provided results of investigation. DATE: 11-6-2013 INSPECTOR: Shan Lynch DATE: 11/20/2013 SUPERVISOR: *Kerri McCabe Revised: 5/13/2013 Page 2 of 4 Complaint Report: US Forest Service, AFIN: 57-00000, Permit #: N/A Water Division Photographic Evidence Sheet Location: US Forest Service; Wolf Pen Gap Rec.