Document 3JZaOO9NrR88zXoKk2n2pEL7O

Clean Water Act Section 404: Site Visit/Case Development For inspections authorized pursuant to Clean Water Act sections 308 and 404 (33 U.S.C. 1318 and 1344) This report includes only factual information gained by documentation, onsite observations, and/or onsite interviews. Inspector Name(s) Stephanie Andreescu Austin Jepsky (in-training) Time In 2:05 PM Time Out 3:50 PM Start Date September 9, 2022 End Date September 9, 2022 Inspector's Organization U.S. EPA Region 2 Organization Requesting Inspection (if different) Inspection Type CWA Section 404 Inspection Inspection Status Original Site Name James Marquis Property Site Address* 26 Evy Lane City* Milton County* Ulster State* NY Zip Code* 12547 Latitude/Longitude* 41.6395, -73.9695 Is there a home on the site? Yes No Inspector Signature Supervisor Signature Digitally signed by Andreescu, Stephanie Date: 2022.10.04 13:30:16 -04'00' MARCO Digitally signed by MARCO FINOCCHIARO FINOCCHIARO Date: 2022.10.04 14:02:25 -04'00' Estimated Size of Site (acres) 4.24 Date 10/4/22 Date 10/4/22 Effective June 2019 Page 1 of 5 Clean Water Act Section 404: Site Visit/Case Develoment For inspections authorized pursuant to Clean Water Act sections 308 and 404 (33 U.S.C. 1318 and 1344) Site Name James Marquis Property Start Date September 9, 2022 End Date September 9, 2022 Inspection Purpose Initial site visit Presentation of Inspector Credentials Opening Conference Name and Title (Use N/A if owner/operator not available to join the inspection) Credentials were presented to Mr. James Marquis (property owner) Opening Conference Name of person authorizing access if applicable I corresponded with the property owner over e-mail to arrange the inspection. Notes from Opening Conference EPA discussed the area that it was looking to inspect. Mr. Marquis explained the history of the property to EPA. Mr. Marquis followed EPA during most of the inspection. Access Issues if Any Describe N/A Inspection Observations and Sample Collection Site Owner* (Name, title and contact information) Mr. and Mrs. James and Robin Marquis Additional Persons Present at Inspection Mr. James Marquis General Site Characteristics (layout of property, etc.) The property is an 4.24-acre, residential parcel bounded by Thomas Court on the west and southwest, Evy Lane on the southeast, and Paula Drive on the east. Parcel information from the county lists the property as 3.24 acres. Two residential structures are located on the northwestern corner of the property. A shared driveway/street leads from these structures to Evy Lane. A 40 foot wide drainage easement maintained by the local municipality is located along the eastern edge of the property along Paula Drive. A Central Hudson Gas and Electric easement formerly ran north-south through the property but is no longer active or maintained. The southern half of the property is undeveloped with forested, scrub-shrub, and emergent wetland areas. A water line associated with construction of one of the residences cuts through the southern half of the property. Site Overview (Past inspections, site description, permits, etc.) On September 11, 2009, the NY Corps District received an Approved Jurisdictional Determination (AJD) request for the parcel. Effective June 2019 Page 2 of 5 Clean Water Act Section 404: Site Visit/Case Develoment For inspections authorized pursuant to Clean Water Act sections 308 and 404 (33 U.S.C. 1318 and 1344) Site Name James Marquis Property Start Date September 9, 2022 End Date September 9, 2022 The Corps visited the site on September 14, 2009 and made changes to the delineation, which was resubmitted by the applicant's consultant to the Corps on June 29, 2010. On November 16, 2010, the Corps issued the AJD for the property. The associated letter stated that there is a 3.08-acre continuous wetland area on the project site that was "either adjacent or part of a tributary system". The AJD also noted that two wetland areas, totaling approximately 0.11 acre, had been previously filled as part of the proposed project. EPA's Wetland Protection Section had not visited the site prior to this inspection. Scope of Inspection (Areas inspected or not inspected) The inspection was generally limited to the southeastern corner of the property where there had been recent mowing, clearing, and filling activities. Environmental Conditions (e.g., wind, rain, smoke, dust, temperature, snow) Sunny, 80 degrees, dry conditions, below-normal precipitation Effective June 2019 Page 3 of 5 Clean Water Act Section 404: Site Visit/Case Develoment For inspections authorized pursuant to Clean Water Act sections 308 and 404 (33 U.S.C. 1318 and 1344) Site Name James Marquis Property Start Date September 9, 2022 End Date September 9, 2022 Field Work Conducted Data recorded during the inspection included GPS data, photographs, handwritten notes, and a soil sample. Mr. Marquis showed EPA an area in the backyard where a pile of dirt and shale had been removed to create flat land. According to Mr. Marquis, these materials were moved a month ago to the southeastern corner of the parcel along with a fallen tree and associated mulch. The materials were separated into piles and placed in an area designated by the Corps during its September 14, 2009 site visit as wetland. Mr. Marquis stated that the pile of slate was being temporarily stockpiled at that location and that he planned to use the shale pile for the construction of a driveway at another one of his properties. GPS points were recorded around the recent piles of fill material and at a soil sampling location adjacent to the shale piles. Vegetation, soils, and hydrology data confirmed that the location of the sampling location was in a wetland. The wetland area had been recently mowed but vegetation was growing back. Returning vegetation was dominated by common reed (Phragmites australis) and purple loosestrife (Lythrum salicaria). EPA also observed that outside of the shale and mulch piles, a thin layer of older fill material (dirt and small rock) had been spread across a portion of the parcel adjacent to/under the dirt and shale piles. This occurred in an area also designated by the Corps as wetland. Closing Conference Documents Received and/or Requested During the Inspection N/A Compliance Assistance Provided (If any) N/A Observations Relayed to Site Owner/Operator N/A Actions Taken by Owner/Operator During the Inspection (If any) N/A Potential Issues of Concern Including Regulatory Citations Fill material has been potentially discharged into wetland areas. Maps and Sketches Photographs (including location) and Photo Log Other Attachments* Effective June 2019 Page 4 of 5 Site Name Clean Water Act Section 404: Site Visit/Case Develoment For inspections authorized pursuant to Clean Water Act sections 308 and 404 (33 U.S.C. 1318 and 1344) James Marquis Property Additional Notes Start Date September 9, 2022 End Date September 9, 2022 Effective June 2019 Page 5 of 5  2021 Imagery SS1 Soil Sample 0 125 250 500 Feet NYS ITS GIS Program Office James Marquis Property Evy Lane, Milton, NY Site Boundary 9/9/22 GPS Line - Shale Piles 9/9/22 GPS Point - Soil Sample CWA 404 Inspection James Marquis Property 26 Evy Lane Milton, Marlborough, NY September 9, 2022 1 Date: Time: Photographer: Photo ID: 9/9/2022 2:26 PM SSA 1 - P9090488 Description: Former location of hill of shale in the backyard of residence James Marquis Property, 26 Evy Lane, Marlborough, NY 2 Date: Time: Photographer: Photo ID: Description: SS1 Soil Profile 9/9/2022 3:10 PM SSA 2 - P9090489 James Marquis Property, 26 Evy Lane, Marlborough, NY 3 Date: Time: Photographer: Photo ID: 9/9/2022 3:40 PM SSA 3 - P9090490 Description: Area surrounding SS1 had been recently mowed James Marquis Property, 26 Evy Lane, Marlborough, NY 4 Date: Time: Photographer: Photo ID: 9/9/2022 3:40 PM SSA 4 - P9090491 Description: Area surrounding SS1 had been recently mowed James Marquis Property, 26 Evy Lane, Marlborough, NY 5 James Marquis Property, 26 Evy Lane, Marlborough, NY Date: Time: Photographer: Photo ID: 9/9/2022 3:41 PM SSA 5 - P9090492 Description: Two piles of fill - dirt and shale pieces (left) and shale (right); unmowed vegetation and trees located behind fill piles 6 James Marquis Property, 26 Evy Lane, Marlborough, NY Date: Time: Photographer: Photo ID: 9/9/2022 3:43 PM SSA 6 - P9090493 Description: Unmowed vegetation and trees located next to fill piles Phragmites australis and Lythrum salicaria 7 Date: Time: Photographer: Photo ID: 9/9/2022 3:44 PM SSA 7 - P9090494 Description: Pile of shale from removed backyard hill James Marquis Property, 26 Evy Lane, Marlborough, NY 8 Date: Time: Photographer: Photo ID: 9/9/2022 3:44 PM SSA 8 - P9090495 Description: Pile of dirt and shale from removed backyard hill James Marquis Property, 26 Evy Lane, Marlborough, NY 9 Date: Time: Photographer: Photo ID: 9/9/2022 3:45 PM SSA 9 - P9090496 Description: Pre-existing pile of concrete James Marquis Property, 26 Evy Lane, Marlborough, NY 10 Date: Time: Photographer: Photo ID: 9/9/2022 3:46 PM SSA 10 - P9090497 Description: Mulch fill from tree that had fallen near residence James Marquis Property, 26 Evy Lane, Marlborough, NY 11 U.S. Army Corps of Engineers WETLAND DETERMINATION DATA SHEET - Northcentral and Northeast Region See ERDC/EL TR-12-1; the proponent agency is CECW-CO-R OMB Control #: 0710-0024, Exp: 11/30/2024 Requirement Control Symbol EXEMPT: (Authority: AR 335-15, paragraph 5-2a) Project/Site: James Marquis Property City/County: Marlborough Sampling Date: 9/9/2022 Applicant/Owner: James Marquis State: NY Sampling Point: SS1 Investigator(s): S. Andreescu, A Jepsky Section, Township, Range: Landform (hillside, terrace, etc.): Local relief (concave, convex, none): Slight depression Slope %: Subregion (LRR or MLRA): LRR R Lat: 41.6395 Long: -73.9695 Datum: Soil Map Unit Name: VoA - Volusia gravelly silt loam, 0 to 3 percent slopes (non-hydric with hydric inclusions) NWI classification: N/A Are climatic / hydrologic conditions on the site typical for this time of year? Are Vegetation X , Soil , or Hydrology significantly disturbed? Yes No X (If no, explain in Remarks.) Are "Normal Circumstances" present? Yes X No Are Vegetation , Soil , or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Hydric Soil Present? Wetland Hydrology Present? Yes X No Yes X No Yes X No Is the Sampled Area within a Wetland? Yes X No If yes, optional Wetland Site ID: See Remarks Remarks: (Explain alternative procedures here or in a separate report.) The Corps issued an AJD for the property on November 16, 2010. The associated letter stated there is a 3.08-acre continuous wetland area on the site which part of the tributary system. The sampled area is in a location mapped as "WETLANDS AS PER BRIAN ORZEL, 9/14/09" HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required; check all that apply) Surface Water (A1) Water-Stained Leaves (B9) High Water Table (A2) Aquatic Fauna (B13) Saturation (A3) Marl Deposits (B15) Water Marks (B1) Hydrogen Sulfide Odor (C1) Sediment Deposits (B2) X Oxidized Rhizospheres on Living Roots (C3) Drift Deposits (B3) Presence of Reduced Iron (C4) Algal Mat or Crust (B4) Recent Iron Reduction in Tilled Soils (C6) Iron Deposits (B5) Thin Muck Surface (C7) Inundation Visible on Aerial Imagery (B7) Other (Explain in Remarks) Sparsely Vegetated Concave Surface (B8) Surface Soil Cracks (B6) Drainage Patterns (B10) Moss Trim Lines (B16) Dry-Season Water Table (C2) Crayfish Burrows (C8) Saturation Visible on Aerial Imagery (C9) Stunted or Stressed Plants (D1) Geomorphic Position (D2) Shallow Aquitard (D3) Microtopographic Relief (D4) X FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes Water Table Present? Yes Saturation Present? Yes No X No X No X Depth (inches): Depth (inches): Depth (inches): Wetland Hydrology Present? Yes X No (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: Conditions were dry at the time of the inspection due to below normal precipitation ENG FORM 6116-8, JUL 2018 Northcentral and Northeast - Version 2.0 VEGETATION - Use scientific names of plants. Tree Stratum (Plot size: Absolute ) % Cover Dominant Species? 1. 2. 3. 4. 5. 6. 7. =Total Cover Sapling/Shrub Stratum (Plot size: ) 1. 2. 3. 4. 5. 6. 7. =Total Cover Herb Stratum (Plot size: 5 ) 1. Phragmites australis 2. Lythrum salicaria 3. Decodon verticillatus 4. Onoclea sensibilis 20 Yes 25 Yes 5 No 1 No 5. 6. 7. 8. 9. 10. 11. 12. 51 =Total Cover Woody Vine Stratum (Plot size: ) 1. 2. 3. 4. =Total Cover Remarks: (Include photo numbers here or on a separate sheet.) Vegetation had been recently mowed Indicator Status FACW OBL OBL FACW Sampling Point: SS1 Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: 2 (A) Total Number of Dominant Species Across All Strata: 2 (B) Percent of Dominant Species That Are OBL, FACW, or FAC: Prevalence Index worksheet: 100.0% (A/B) Total % Cover of: Multiply by: OBL species 30 x 1 = 30 FACW species 21 x 2 = 42 FAC species 0 x 3 = 0 FACU species 0 x 4 = 0 UPL species 0 x 5 = 0 Column Totals: 51 (A) 72 (B) Prevalence Index = B/A = 1.41 Hydrophytic Vegetation Indicators: 1 - Rapid Test for Hydrophytic Vegetation X 2 - Dominance Test is >50% X 3UHYDOHQFH,QGH[LV1 4 - Morphological Adaptations1 (Provide supporting data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation1 (Explain) 1Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Definitions of Vegetation Strata: Tree - Woody plants 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. Sapling/shrub - Woody plants less than 3 in. DBH and greater than or equal to 3.28 ft (1 m) tall. Herb - All herbaceous (non-woody) plants, regardless of size, and woody plants less than 3.28 ft tall. Woody vines - All woody vines greater than 3.28 ft in height. Hydrophytic Vegetation Present? Yes X No ENG FORM 6116-8, JUL 2018 Northcentral and Northeast - Version 2.0 SOIL Sampling Point: SS1 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth (inches) Matrix Color (moist) % Redox Features Color (moist) % Type1 Loc2 Texture Remarks 0-6 10YR 4/2 98 7.5YR 5/8 2 C PL Loamy/Clayey Prominent redox concentrations 6-13 10YR 4/1 95 7.5YR 7/6 5 C M Loamy/Clayey Prominent redox concentrations 13-18 2.5Y 6/1 65 2.5Y 6/8 35 C M Loamy/Clayey Prominent redox concentrations 1Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. Hydric Soil Indicators: Histosol (A1) Dark Surface (S7) Histic Epipedon (A2) Polyvalue Below Surface (S8) (LRR R, Black Histic (A3) MLRA 149B) Hydrogen Sulfide (A4) Thin Dark Surface (S9) (LRR R, MLRA 149B) Stratified Layers (A5) High Chroma Sands (S11) (LRR K, L) Depleted Below Dark Surface (A11) Loamy Mucky Mineral (F1) (LRR K, L) Thick Dark Surface (A12) Loamy Gleyed Matrix (F2) Mesic Spodic (A17) X Depleted Matrix (F3) (MLRA 144A, 145, 149B) Redox Dark Surface (F6) 2Location: PL=Pore Lining, M=Matrix. Indicators for Problematic Hydric Soils3: 2 cm Muck (A10) (LRR K, L, MLRA 149B) Coast Prairie Redox (A16) (LRR K, L, R) 5 cm Mucky Peat or Peat (S3) (LRR K, L, R) Polyvalue Below Surface (S8) (LRR K, L) Thin Dark Surface (S9) (LRR K, L) Iron-Manganese Masses (F12) (LRR K, L, R) Piedmont Floodplain Soils (F19) (MLRA 149B) Red Parent Material (F21) (outside MLRA 145) Very Shallow Dark Surface (F22) Sandy Mucky Mineral (S1) Depleted Dark Surface (F7) Other (Explain in Remarks) Sandy Gleyed Matrix (S4) Sandy Redox (S5) Stripped Matrix (S6) Redox Depressions (F8) Marl (F10) (LRR K, L) Red Parent Material (F21) (MLRA 145) 3Indicators of hydrophytic vegetation and wetland hydrology must be present, Restrictive Layer (if observed): unless disturbed or problematic. Type: Depth (inches): Hydric Soil Present? Yes X No Remarks: ENG FORM 6116-8, JUL 2018 Northcentral and Northeast - Version 2.0