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EPA Region 10 Enforcement and Compliance Assurance Division Clean Water Act (CWA) Inspection Report Inspection Entry Date/Time Inspection Exit Date/Time Weather Media Statute(s)/Program(s) Type of Inspection 03/21/2023 1:00 PM (PT) Announced: No 03/21/2023 3:15 AM (PT) Sunny, 50 F Water Clean Water Act, NPDES, Stormwater - Construction CEI - Compliance Evaluation Inspection Permittee Name Facility or Site Name Facility/Site Physical Address City, State, Zip Code County/Borough/Parish Facility GPS Coordinates Mailing Address City, State, Zip Code Hamilton Excavating, LLC Highland Terrace 34305 NW Pacific Highway La Center, Washington 98629 Clark County 45.749657 N -122.682177 W PO Box 1611 Battle Ground, Washington 98604 FRS ID Permit Number NAICS 110071181384 WAR308871 238910 (Site Preparation Contractors) Inspection Contacts: Organization Name Title EPA Region 10 Jon Klemesrud Lead Inspector Washington Department of Brian Johnson Ecology Hamilton Excavating LLC Matt Hamilton Inspector Member Evergreen Homes NW David (Dave) Besteman Representative Hamilton Excavating LLC Lindsey Paris CESCL Present in Opening Conf. Yes Yes Present in Closing Conf. Yes Yes Yes Yes Yes Yes No No EPA Inspector Signature/Date Supervisor Signature/Date JON KLEMESRUD Jon Klemesrud PETER CONTRERAS Peter Contreras, Chief FDDWES Digitally signed by JON KLEMESRUD Date: 2023.04.14 07:40:48 -07'00' Digitally signed by PETER CONTRERAS Date: 2023.04.14 07:47:50 -07'00' CWA NPDES WAR308871 Inspection Report This inspection report is based on information supplied by conversations with Mr. Matt Hamilton, Mr. David Besteman, or direct observations made at the time of the inspection, and records and reports maintained by the permittee. This inspection report may also include information gathered from a review of EPA, State, and/or public records. SECTION I - INTRODUCTION Entry and Inspection Chronology This was an unannounced inspection; I was joined on the inspection by State of Washington Department of Ecology (Ecology) representative Brian Johnson. At approximately 11:35AM on the day of the inspection, I called and spoke with Mr. Matt Hamilton of Hamilton Excavating LLC. Mr. Hamilton is listed on the Notice of Transfer as the project's current operator/permittee contact. I introduced myself and discussed that I had been asked to conduct an on-site inspection at the Highland Terrace construction project to assess compliance with the project's coverage under Ecology's Construction Stormwater General Permit (CGP). I further explained that the inspection was in coordination with Washington Department of Ecology and would include a walk-through of the construction site and a review of permit related documents. Mr. Hamilton explained that he was largely unaware that he was still listed as permittee for the full project, he believed the majority of the housing lots had been sold by the development's property owner to various homebuilders. Mr. Hamilton further explained that he hadn't spent much time at the site recently but would be willing to meet me there for the inspection. He discussed that in the interim, he would contact the development's property owner to find out more information on the current permitting/ownership status. We agreed to meet at the site at 1:00PM. Mr. Johnson (Ecology) and I arrived on-site at approximately 1:00PM and met with Mr. Hamilton. Shortly after our arrival, we were also joined by the property owner representative, Mr. David (Dave) Besteman of Evergreen Homes NW. Following our initial introductions, I presented my EPA credentials, restated the purpose and expectations of the inspection, and provided my business card. We had a brief discussion regarding the project's general timeline and recent lot acquisitions by other homebuilders. Mr. Hamilton also stated that the stormwater pollution prevention plan (SWPPP) and site inspection reports were not on-site but with his Hamilton Excavating LLC's Certified Erosion and Sediment Control Lead (CESCL), Ms. Lindsey Paris. The inspection consisted of an opening conference, a walk-through of the construction site, and concluded with a closing conference. During the closing conference, we discussed our walk-through observations, potential areas of concern and next steps, including requesting an electronic copy of the SWPPP and prior site inspection reports completed by the permittee. Mr. Johnson and I were accompanied throughout the inspection by Mr. Hamilton and Mr. Besteman. Permit/Compliance History The Highland Terrace construction project (hereinafter referred to as the "Project") is permitted to discharge to Packard Creek under the CGP, the permit tracking number assigned to the project is (WAR308871). Based upon my review within Ecology's Permitting and Reporting Information System (PARIS), the initial permit application (notice of intent) for the construction project was submitted by Evergreen Homes NW on April 11, 2019. Permit coverage was renewed by Evergreen Homes NW on May 2, 2020, and then transferred to new/current operator/permittee Hamilton Excavating LLC on December 10, 2020. See Attachment A, Signed ECY 020-87a Permit Transfer. According to PARIS, field citations were issued to Hamilton Excavating LLC by Ecology on February 22, 2021 (Field Citation #01233) and March 22, 2021 (Field Citation #01234). On January 25, 2022, Ecology issued a penalty (Penalty No. 20822) to Hamilton Excavating LLC in the amount of $136,000. The Notice of Penalty referenced multiple State code and permit condition violations, resulting in impacts to waters of the State. The project was last inspected by Washington Department of Ecology on March 1, 2022. The inspection report noted compliance concerns, including several areas of bare, unworked soils, erosion around the headwall, and turbid discharges above the CGP benchmark of 25 NTU. Page 2 of 26 CWA NPDES WAR308871 Inspection Report SECTION II - OBSERVATIONS Site Review The Project includes the development of 25.3 acres into the construction of 98 single family residential lots, including associated driveways, stormwater infrastructure and utilities. Total disturbed area is listed in the SWPPP at 24.4 acres. For a general footprint, See Attachment B, General Construction Map. Activities over the life of the project include the installation of temporary erosion controls, excavation, grading, installation of utilities, road/parking construction and building construction. According to Mr. Hamilton, there is generally two construction phases associated with the Project, Phase 1, and Phase 2. Phase 1 encompasses the lower areas, north of NW Pacific Highway. Phase 2 encompasses the upper (northern) portion of the development to NW Bolen Street. Stormwater infrastructure for the development is designed to be routed to a single, southeastern stormwater pond. The pond overflows via piping to a headwall, which discharges to a small, vegetated wetland area prior to being conveyed to Jenny Creek, located just east of the development. According to Mr. Hamilton and Mr. Besteman at the time of inspection, the site is generally nearing completion. Approximately 58 housing lots have been sold to SummerPlace Homes, Inc. and are in various stages of homebuilding. An additional sale of housing lots to homebuilder D.R. Horton is to be finalized in the upcoming week. Recent construction activity by Hamilton Excavating has been limited, Mr. Hamilton stated that he was last on-site approximately one week prior to the inspection, he removed a stockpile that was within the upper portion of the Project, within Phase 2. At the time of inspection, it was discussed that Hamilton Excavating LLC was still the permittee for the entire Project, Mr. Hamilton stated that he would be working with the property owner (Evergreen Homes NW) to update the permitting status to reflect their current arrangement. Mr. Hamilton also stated that he had spoken with Ms. Paris (CESCL) just prior to the inspection and was informed that inspections were up to date through March (2023). We began the walk-through along NW 15th Street, as we walked towards the Project's stormwater pond. Photographs taken during the site-walk through are attached to this inspection report as Attachment C, Photograph Log. Walk-Through Observations: Location: Stormwater Pond Observation #: OB-001 We first observed the stormwater collection pond (Photo 1). Mr. Hamilton explained that the pond was engineered with a 10-foot wall that stretches across the length of the pond, separating it into two sub-basins to promote settling. It was discussed that the pond's intake piping is fairly low within the pond which seems to result in additional turbidity as inflow agitates previous settled solids on occasion. The pond slopes were observed to be well vegetated, we discussed that we would tour the pond's outfall and sample location at the end the walkthrough, as it's only accessible from NW Pacific Highway. Location: Southeast Construction Area(s) Along NW 15th Street Observation #: OB-002 At the time of our walk-through northwest of the stormwater pond along NW 15th Street, we observed a small concrete washout pile just past the curb on the south end of NW 15th Street (Photo 2). It was discussed that at the Page 3 of 26 CWA NPDES WAR308871 Inspection Report current stage of the project there was no dedicated concrete washout area. We discussed generally the permit requirements regarding concrete washout. Disturbed areas in within the southeast construction areas appeared to be well vegetated/stabilized and the roadway was generally free of sediment and debris (Photo 3 & Photo 4). Location: Southwest Construction Area(s) Near Lot #45 Observation #: OB-003 We continued the tour west within Phase 1 areas, we observed a housing lot under construction at or near lot #45. We observed a hose connected to the partially constructed house's outdoor spigot; homebuilders/contractors were on-site working within the partially constructed home. It appeared the hose had a poor connection as we observed water leaking from the spigot, downslope within the lot. The water was causing some channeled erosion below the home, within an unstabilized area of the lot (Photo 5). Mr. Besteman notified the homebuilders/contractors of the concern. We also observed a concrete washout pile at or near lot #45 and a second concrete washout pile across the street from lot #45 (Photo 6 & Photo 7). Location: Southwest Construction Area(s) Near Lot #40 & Lot #41 Observation #: OB-004 To the west of housing lot #45, we observed unstabilized areas at or near lot #40 and #41 (Photo 8). It appeared both housing lots had been cleared for vertical construction, no stormwater BMPs were observed within the two lots. Downslope of this area was only a small vegetative area north of NW Pacific Highway. Location: Central Construction Area(s) Near Lot #52 Observation #: OB-005 We continued the walk-through to north, along the main access road toward the southern areas of Phase 2. We observed unstabilized areas at or near lot #52, near a roadside catch basin (Photo 9). It appeared the lot had been cleared for vertical construction, no stormwater BMPs were observed within the cleared area. Catch basin inserts were installed within roadside catch basins. Location: Northwest Perimeter of Phase 1 Observation #: OB-006 We continued north and observed the northwest perimeter of Phase 1. Disturbed areas appeared to be well vegetated/stabilized with hydroseed and/or straw mulch, silt fencing extended along the western perimeter (Photo 10). One section of perimeter silt fencing appeared to be in need maintenance. Location: Phase 2 Area(s) Observation #: OB-007 We continued the walk-through to Phase 2. We observed unstabilized areas generally throughout the southern areas Phase 2 (Photo 11). Mr. Hamilton discussed that within Phase 2, a covered stockpile was removed the week prior by Hamilton Excavating LLC. We also observed some straw bales staged near the southern perimeter of Phase 2. Page 4 of 26 Location: Northeast Perimeter of Phase 2 Observation #: OB-008 CWA NPDES WAR308871 Inspection Report We continued to northeast corner of Phase 2, we observed straw mulch and silt fencing as BMPs within this area. Two sections of silt fencing were observed to be in need of maintenance, one section of silt fencing was down, and another had eroded beneath the fence allowing for pass-through (Photo 12). Adjacent areas within the northeast corner of Phase 2 were observed to be unstabilized (Photo 13). Location: Northwest Perimeter of Phase 2 Observation #: OB-009 We continued west and observed silt fencing and hydroseeded areas within the northwest corner of Phase 2 (Photo 14 & Photo 15). Northwest areas appeared to be well vegetated/stabilized with hydroseed. Silt fencing did to not extend the full length of the property boundary. Location: Northern Area(s) of Phase 2 Observation #: OB-010 The walk-through continued back east to the northern areas of Phase 2, along Bolen Street and the development's main access road. An uncovered/unstabilized stockpile was observed within this northern area of Phase 2, areas around the stockpile were also unstabilized (Photo 16). Location: Southwest Perimeter of Phase 1 Observation #: OB-011 We returned to the southwest area of Phase 1 to view the area(s) below housing lots #40 and #41 (previously observed in Observation #OB-04). We observed a curtain drain installed to capture and route stormwater off the hillside (between the housing lots and NW Pacific Highway) to the stormwater pond (Photo 17 & Photo 18). It was observed that a small trench/channel was dug from one of the above housing lots to connect to the curtain drain and/or stormwater manhole. Based on our observations, the trench was likely constructed to drain ponded stormwater from the above lot. Mr. Hamilton stated that he was previously unaware of the small trench and assumed it was likely the work of a contractor associated with the homebuilder. Location: Outfall Area Observation #: OB-012 Following our walk-through of the construction areas, we observed the stormwater pond outfall area and associated headwall (Photo 19 & Photo 20). The pond was discharging at the time of inspection. According to Mr. Hamilton, stormwater samples for permit compliance are collected at this location by Ms. Paris. We observed the discharge entering a heavily vegetative/wetland area. According to Mr. Hamilton, the discharge is conveyed from this location to Jenny Creek located just east of the project. Following the closing conference, we briefly observed Jenny Creek from NW Pacific Highway. SECTION III - RECORDS REVIEW Record: Stormwater Pollution Prevention Plan (SWPPP) Ref #: RR-001 As indicated earlier in this report, the project's SWPPP was not on-site at the time of inspection. According to Mr. Hamilton, the working copy of the SWPPP was located off-site, in the possession of the project's Certified Erosion and Sediment Control Lead (CESCL), Ms. Lindsey Paris of Hamilton Excavating LLC. During the Page 5 of 26 CWA NPDES WAR308871 Inspection Report closing conference, it was discussed that Mr. Besteman or Mr. Hamilton would email an electronic version of the SWPPP post-inspection. On Wednesday, March 29, 2023, I submitted a follow-up request via email to Mr. Hamilton and Mr. Besteman for an electronic version of the SWPPP, as discussed during the closing conference. Mr. Besteman provided an electronic copy of the original SWPPP via email on March 30, 2023. See Attachment D, Post Inspection Correspondence. The SWPPP was reviewed post-inspection on March 31, 2023. The SWPPP was prepared by Zach Carter of SGA Engineering. The SWPPP listed a preparation date of April 1, 2019 and included the applicable 12 elements required/discussed within Part S9.D. of the CGP and also referenced the Stormwater Management Manual for Western Washington for BMP selections observed during the on-site walkthrough. The electronic/original copy of the SWPPP had not been updated to include a contractor or CESCL (Hamilton Excavating LLC) and did not include any documented modifications or specific installation and maintenance of BMPs. The electronic/original SWPPP included a general location map but did not include a dedicated site map as discussed within Part S9.E of the CGP. On April 3, 2023, I submitted a follow-up request to Mr. Hamilton asking if there was a dedicated site map as discussed in the permit, Mr. Hamilton responded stating that he would look into it. Upon the completion of this inspection report, a site map hadn't been received. See Attachment D, Post Inspection Correspondence. Record: Site Inspection Reports Ref #: RR-002 As indicated earlier in this report, the project's site inspection reports were not on-site at the time of inspection. According to Mr. Hamilton, site inspections and associated inspection reports were being completed Ms. Lindsey Paris of Hamilton Excavating LLC. Mr. Hamilton stated that Ms. Paris informed him just prior to meeting for the inspection that site inspection reports were complete through March of 2023. During the closing conference, it was discussed that Mr. Hamilton would contact Ms. Paris and provide electronic copies of the site inspection reports to me via email. I discussed that I would like to receive the site inspection reports by the end of the following week (March 31, 2023). On Wednesday, March 29, 2023, I submitted a follow-up request to check-in on the status of the site inspection reports and again on April 3rd and April 5th. Mr. Hamilton had responded to the March 29th and April 3rd requests, stating that he would check-in on the status of the reports. Upon the completion of this inspection report, no site inspection reports had been received. See Attachment D, Post Inspection Correspondence. Record: Discharge Monitoring Reports (DMRs) Ref #: JK6-RR-003 DMRs were reviewed as part of this inspection using Ecology's Permitting and Reporting Information System (PARIS). I reviewed months dating back to the last Ecology inspection on March 1, 2022. DMRs were submitted by Ms. Paris, the review indicated reported benchmark exceedances above the turbidity CGP benchmark (25 NTU) on fifteen occasions since March 1, 2022. The reported turbidity exceedances are listed below: 3/7/2022 (32.14 NTU), 11/7/2022 (222.4 NTU), 11/14/2022 (73 NTU), 11/28/2022 (45.26 NTU), 12/5/2022 (76.4 NTU), 12/12/2022 (126.7 NTU), 12/19/2022 (55.2 NTU) 12/27/2022 (162.1 NTU), 1/2/2023 (120.5 NTU), 1/9/2023 (88.98 NTU), 1/16/2023 (63.23 NTU), 1/23/2022 (50.82 NTU), 1/30/2023 (40.42 NTU), 2/7/2023 (25.94 NTU), 2/27/2023 (31.23 NTU). The DMR review also noted late DMR submittals for April 9, 2022 (submitted June 9, 2022), July 2022 (submitted August 23rd, 2022), August 2022 and September 2022 (both submitted November 8, 2022). Page 6 of 26 SECTION V - AREAS OF CONCERN CWA NPDES WAR308871 Inspection Report Areas of Concern may not be in sequential order. The presentation of Areas of Concern (AOC) does not constitute a formal compliance determination or violation. AOC #1: Concrete Washout Areas Regulation and/or Permit Requirement: Part S9.D.9.h. states "assure that washout of concrete trucks is performed off-site or in designated concrete washout areas only. Do not wash out concrete truck drums onto the ground, or into storm drains, open ditches, streets, or streams. Washout of small concrete handling equipment may be disposed of in a formed area awaiting concrete where it will not contaminate surface or groundwater. Do not dump excess concrete on site, except in designated concrete washout areas. Concrete spillage or concrete discharge directly to groundwater or surface waters of the State is prohibited. At no time shall concrete be washed off into the footprint of an area where an infiltration BMP will be installed." Observation: At the time of inspection during the walk-through, we observed and discussed three separate concrete washout piles within the construction areas. One concrete washout pile was located on the south end of the NW 15th Street (Photo 2), and two concrete washout piles were located near a homebuilder lot (lot #45) (Photo 6 & Photo 7). At the time of inspection, it was discussed that the Project did not have a designated concrete washout area. The concern is that these instances of concrete washout was not disposed of in a designated or formed area as required by the CGP. At the time of inspection during the closing conference, Mr. Hamilton stated he would address the concern by removing the washout piles. On March 29, 2022, I received an email from Mr. Hamilton stating that "we have taken care of all the issues that we spoke of to include concrete wash out." See Attachment D, Post Inspection Correspondence. Observation Reference #: OB-002 Observation Reference #: OB-003 Location: Southeast Construction Area(s) Along NW 15th Street Location: Southwest Construction Area(s) Near Lot #45 AOC #2: Unstabilized Soils Regulation and/or Permit Requirement: Part S9.D.5 of the permit states "the Permittee must stabilize exposed and unworked soils by application of effective BMPs that prevent erosion." Section S.9.D.5.d of the permit states: the Permittee must not allow soils to remain exposed and unworked for more than the time period set forth to prevent erosion (West of the Cascade Mountains Crest - During the wet season (October 1 - April 30): 2 Days)." Observation: At the time of inspection during our walk-through, we observed numerous areas of unstabilized soils. Specifically, in the southwest construction areas below lot #45 (Photo 5), areas near lot #40, #41 (Photo 8 & Photo 17), lot #52 (Photo 9) and areas within Phase 2 (Photo 11, Photo 13 & Photo 16). According to Mr. Hamilton, he was last on-site approximately one week prior to the inspection, he removed a stockpile that was within the upper portion of the Project, within Phase 2. The concern is the number of exposed construction areas being unstabilized/unworked for a period over 2 days, when compared to the language in the CGP. Page 7 of 26 CWA NPDES WAR308871 Inspection Report At the time of inspection during the closing conference, Mr. Hamilton stated he would address the concern. On March 29, 2022, I received an email from Mr. Hamilton stating that "we have taken care of all the issues that we spoke of to include concrete wash out." See Attachment D, Post Inspection Correspondence. Observation Reference #: OB-003 Observation Reference #: OB-004 Observation Reference #: OB-005 Observation Reference #: OB-007 Observation Reference #: OB-008 Observation Reference #: OB-010 Location: Southwest Construction Area(s) Near Lot #45 Location: Southwest Construction Area(s) Near Lot #40 & Lot #41 Location: Central Construction Area(s) Near Lot #52 Location: Phase 2 Area(s) Location: Northeast Perimeter of Phase 2 Location: Northern Area(s) of Phase 2 AOC #3: Unstabilized Stockpile Observed Within Northern Area of Phase 2 Regulation and/or Permit Requirement: Section S.9.D.5.d of the permit states: the Permittee must not allow soils to remain exposed and unworked for more than the time period set forth to prevent erosion (West of the Cascade Mountains Crest - During the wet season (October 1 - April 30): 2 Days)" Section S.9.D.5.f of the permit states: "the Permittee must stabilize stockpiles from erosion, protected with sediment trapping measures, and where possible, be located away from storm drain inlets, waterways, and drainage channels. Observation: At the time of inspection, during our walk through within the northeastern area of Phase 2, we observed/discussed an uncovered stockpile (Photo 16). According to Mr. Hamilton, he was last on-site approximately one week prior to the inspection, he removed a stockpile that was within the upper portion of the Project, within Phase 2. The concern is the unstabilized stockpile being unstabilized/unworked for a period over 2 days, when compared to the language in the CGP. At the time of inspection during the closing conference, Mr. Hamilton stated he would address the concern. On March 29, 2022, I received an email from Mr. Hamilton stating that "we have taken care of all the issues that we spoke of to include concrete wash out." See Attachment D, Post Inspection Correspondence. Observation Reference #: OB-010 Location: Northern Area(s) of Phase 2 AOC #4: Silt Fencing in Need of Maintenance Regulation and/or Permit Requirement: Part S9.D.11.a of the permit states: "Permitees must maintain and repair all temporary and permanent erosion and sediment control BMPs as needed to assure continued performance of their intended function in accordance with BMP specifications." The Stormwater Management Manual for Western Washington (July 2019) lists maintenance standards for BMP C233 (Silt Fence) which includes: "Repair any damage immediately" and "Remove sediment deposits when the deposit reaches approximately one-third the height of the silt-fence, or install a second silt-fence. Observation: At the time of inspection during our walk-through, we observed areas of silt fencing in need of maintenance. Page 8 of 26 CWA NPDES WAR308871 Inspection Report Specifically, one area of silt fencing along the northwest perimeter of Phase 1 was observed to have deposited material above one-third the height of the silt fence. Two sections of silt fencing along in the northeast corner of Phase 2 were observed to need maintenance, as one section was down, and another had eroded beneath the fence allowing for pass-through (Photo 12). It was also observed that silt fencing was not extended fully to the northern perimeter along the northwest corner of Phase 2 (Photo 14). The concern is the BMP in need of maintenance based upon the written standard. At the time of inspection during the closing conference, Mr. Hamilton stated he would address the concern. On March 29, 2022, I received an email from Mr. Hamilton stating that "we have taken care of all the issues that we spoke of to include concrete wash out." See Attachment D, Post Inspection Correspondence. Observation Reference #: OB-006 Location: Northwest Perimeter of Phase 1 Observation Reference #: OB-008 Location: Northeast Perimeter of Phase 2 Observation Reference #: OB-009 Location: Northwest Perimeter of Phase 2 AOC #5: Constructed Trench to Curtain Drain Along NW Regulation and/or Permit Requirement: Part S9.D.4.c of the permit states: "Direct stormwater runoff from disturbed areas through a sediment pond or other appropriate sediment removal BMP, before the runoff leaves a construction site or before discharge to an infiltration facility." Part S9.D.5 of the permit states: "the Permittee must stabilize exposed and unworked soils by application of effective BMPs that prevent erosion." Observation: At the time of inspection during our walk-through of the unstabilized areas south of lot # 40 and #41, we observed that a small trench/channel had been dug from one of the above housing lots to connect to the curtain drain and/or stormwater manhole. Based on our observations, the trench was likely constructed to drain ponded stormwater from the above lot (Photo 17 & Photo 18). The concern is the unstabilized channel directing stormwater directly to the curtain drain and/or stormwater manhole within out any additional BMPs. Mr. Hamilton stated that he was previously unaware of the small trench and assumed it was likely the work of a contractor associated with the homebuilder. At the time of inspection during the closing conference, Mr. Hamilton stated he would address the concern. On March 29, 2022, I received an email from Mr. Hamilton stating that "we have taken care of all the issues that we spoke of to include concrete wash out." See Attachment D, Post Inspection Correspondence. Observation Reference #: OB-011 Location: Southwest Perimeter of Phase 1 AOC #6: Availability of Site Inspection Reports Regulation and/or Permit Requirement: Part G3.B. of the permit states: "The Permittee must allow an authorized representative of Ecology, upon the presentation of credentials and such other documents as may be required by law: To have access to and copy, at reasonable times and at reasonable cost, any records to be required to be kept under the terms and conditions of the permit." As discussed earlier in this report, the project's site inspection reports were not on-site at the time of inspection. According to Mr. Hamilton, site inspections and associated inspection reports were being completed Ms. Lindsey Paris of Hamilton Excavating LLC. Mr. Hamilton stated that Ms. Paris informed him just prior to meeting for the inspection that site inspection reports were complete through March of 2023. During the closing conference, it Page 9 of 26 CWA NPDES WAR308871 Inspection Report was discussed that Mr. Hamilton would contact Ms. Paris and provide electronic copies of the site inspection reports to me via email. I discussed that I would like to receive the site inspection reports by the end of the following week (March 31, 2023). On Wednesday, March 29, 2023, I submitted a follow-up request to check-in on the status of the site inspection reports and again on April 3rd and April 5th. Mr. Hamilton had responded to the March 29th and April 3rd requests, stating that he would check-in on the status of the reports. Upon the completion of this inspection report, no site inspection reports had been received. See Attachment D, Post Inspection Correspondence. The concern is that site that upon completion of this inspection report, site inspection reports which include records of site inspections, water quality information and descriptions of BMP implementation and repairs were not made available to review. Records Reference #: RR-002 SECTION VI - CLOSING CONFERENCE Closing Conference Following the walk-through, a closing conference was held with Mr. Hamilton and Mr. Besteman. We discussed our general observations and areas of concern (AOC #1 - AOC #5). We also discussed a follow-up records request for a digital copy of the SWPPP and Site Inspection Reports. Following the closing conference, we observed Jenny Creek (receiving water) from NW Pacific Highway with Mr. Hamilton and Mr. Besteman prior to departing. SECTION VII - POST INSPECTION CORRESPONDENCE On Wednesday, March 29, 2023, I submitted a follow-up request to check-in on the status of the site inspection reports and again on April 3rd and April 5th. Mr. Hamilton had responded to the March 29th and April 3rd requests, stating that he would check-in on the status of the reports. Upon the completion of this inspection report, no site inspection reports had been received. See Attachment D, Post Inspection Correspondence. SECTION VIII - LIST OF APPENDICES Attachment A - Signed ECY 020-87a Permit Transfer Attachment B - General Construction Map Attachment C - Photograph Log Attachment D - Post Inspection Correspondence Page 10 of 26 CWA NPDES WAR308871 Inspection Report ATTACHMENT A Signed ECY 020-87a Permit Transfer Page 11 of 26 CWA NPDES WAR308871 Inspection Report Page 12 of 26 CWA NPDES WAR308871 Inspection Report Page 13 of 26 CWA NPDES WAR308871 Inspection Report Page 14 of 26 CWA NPDES WAR308871 Inspection Report Page 15 of 26 CWA NPDES WAR308871 Inspection Report ATTACHMENT B General Construction Map Page 16 of 26 General Location Map CWA NPDES WAR308871 Inspection Report Legend Building Footprints Taxlots Cities Boundaries Urban Growth Boundaries 1,793.7 1,257.2 0 WGS_1984_Web_Mercator_Auxiliary_Sphere Clark County, WA. GIS - http://gis.clark.wa.gov 628.59 1,793.7 1,257.2 Feet 10,762 1: 7,543 Notes: Highland Terrace Subdivision This map was generated by Clark County's "MapsOnline" website. Clark County does not warrant the accuracy, reliability or timeliness of any information on this map, and shall not be held liable for losses caused by Page 1u7sinogf 2th6is information. CWA NPDES WAR308871 Inspection Report ATTACHMENT C Photograph Log All photographs taken by Jon Klemesrud on March 21, 2023 Nikon Coolpix AW100 Page 18 of 26 CWA NPDES WAR308871 Inspection Report Photograph Log- Highland Terrace Photo #:01 (DSCN3180) Description: Facing southeast, photo of the project's stormwater pond. Photo #:02 (DSCN3181) Description: Facing east, photo of the southeast access road, northwest of the stormwater pond. Small pile of concrete washout observed on the south end of NW 15th. Photo #:03 (DSCN3182) Description: Facing east, photo of the area north of NW 15th and straw application on disturbed areas. Photo #:04 (DSCN3183) Description: Facing north, photo of the southern portion of the development north of NW 15th. Page 19 of 26 CWA NPDES WAR308871 Inspection Report Photograph Log- Highland Terrace Photo #:05 (DSCN3184) Description: Facing south, photo of unstabilized south and southwest areas near lot #45. Water observed leaking from the outdoor spigot and channeling downslope. Photo #:06 (DSCN3185) Description: Facing southeast, photo of concrete washout observed near lot #45. Photo #:07 (DSCN3187) Description: Facing west, concrete washout observed across the street from lot #45. Photo #:08 (DSCN3186) Description: Facing south, photo of disturbed areas within lot #40 and #41. Page 20 of 26 CWA NPDES WAR308871 Inspection Report Photograph Log- Highland Terrace Photo #:09 (DSCN3188) Description: Facing northeast, photo of unstabilized lot (lot #52). Photo #:10 (DSCN3189) Description: Facing south, photo of western perimeter within Phase 1. Photo #:11 (DSCN3190) Description: Facing west, photo of unstabilized areas within Phase 2. According to Mr. Hamilton, the stockpile was removed within the area the week prior. Photo #:12 (DSCN3191) Description: Facing east, photo of the northeast corner of Phase 2. Silt fencing in need of repair. Page 21 of 26 CWA NPDES WAR308871 Inspection Report Photograph Log- Highland Terrace Photo #:13 (DSCN3192) Description: Facing east, photo of disturbed areas within the northeast corner of Phase 2. Photo #:14 (DSCN3193) Description: Facing south, photo of the northwest corner of Phase 2. Silt fencing was observed to be not extended to the corner. Photo #:15 (DSCN3194) Description: Facing east, photo of the north end of Phase 2. Photo taken from the northwest corner. Photo #:16 (DSCN3195) Description: Facing north, photo of stockpile located in the northeast corner of Phase 2, near Bolen Street. Page 22 of 26 CWA NPDES WAR308871 Inspection Report Photograph Log- Highland Terrace Photo #:17 (DSCN3196) Description: Facing northeast, photo from below lot #40 and lot #41. Exposed soil observed along the southern slope and without perimeter BMPs. Photo #:18 (DSCN3197) Description: Facing west, photo of channeled drainage entering a constructed trench drain along the southwest perimeter of Phase 1. Photo #:19 (DSCN3198) Description: Facing northeast, photo of the constructed outfall from the stormwater pond to a tributary of Jenny Creek. Photo #:20 (DSCN3199) Description: Facing north, photo of the constructed outfall from the stormwater pond to a tributary of Jenny Creek. Page 23 of 26 CWA NPDES WAR308871 Inspection Report ATTACHMENT D Post-Inspection Correspondence Page 24 of 26 CWA NPDES WAR308871 Inspection Report From: To: Cc: Subject: Date: Klemesrud, Jon Matt Hamilton dave@evergreenhomesnw.com; Johnson, Brian (ECY) RE: EPA Inspection Follow-up (Highland Terrace) Wednesday, April 05, 2023 3:20:00 PM Hi Matt, Prior to finalizing my inspection report tomorrow, I wanted to check-in again one last time on the status of providing me with electronic copies of the site inspection reports for the Highland Terrace project. If not received, I will be including this item as a potential area of concern in my report (related to permit condition S4.B.4). Much appreciated, Jon Klemesrud Field, Data, & Drinking Water Enforcement Section Enforcement & Compliance Assurance Division (M/S 20-C04) U.S. Environmental Protection Agency, Region 10 (206) 553-5068 From: Matt Hamilton <matt@hamiltonexc.com> Sent: Monday, April 03, 2023 3:16 PM To: Klemesrud, Jon <Klemesrud.Jon@epa.gov> Cc: dave@evergreenhomesnw.com; Johnson, Brian (ECY) <BRJO461@ecy.wa.gov> Subject: RE: EPA Inspection Follow-up (Highland Terrace) I'll look into this Jon. From: Klemesrud, Jon <Klemesrud.Jon@epa.gov> Sent: Monday, April 3, 2023 8:08 AM To: Matt Hamilton <matt@hamiltonexc.com> Cc: dave@evergreenhomesnw.com; Johnson, Brian (ECY) <BRJO461@ecy.wa.gov> Subject: RE: EPA Inspection Follow-up (Highland Terrace) Hi Matt, Hope you enjoyed your weekend. I was curious if you could provide an status update on the site inspection reports from Highland Terrace? Could I get them by COB tomorrow? I hope to finalize my inspection report before the end of this week. Dave/Matt: On a similar note, is there a site map within the paper SWPPP? The original SWPPP sent by Dave only includes a general location map. The permit details the requirements of a site map (page 31 and 32 of the permit) which would include BMP locations, among other items. Much appreciated, Page 25 of 26 CWA NPDES WAR308871 Inspection Report Jon Klemesrud Field, Data, & Drinking Water Enforcement Section Enforcement & Compliance Assurance Division (M/S 20-C04) U.S. Environmental Protection Agency, Region 10 (206) 553-5068 From: Matt Hamilton <matt@hamiltonexc.com> Sent: Wednesday, March 29, 2023 10:41 AM To: Klemesrud, Jon <Klemesrud.Jon@epa.gov> Cc: dave@evergreenhomesnw.com; Johnson, Brian (ECY) <BRJO461@ecy.wa.gov> Subject: RE: EPA Inspection Follow-up (Highland Terrace) Hi John, I believe Dave was going to handle the SWPPP, and I will check on the status of the reports. We have also taken care of all of the issues that we spoke of to include concrete wash out. From: Klemesrud, Jon <Klemesrud.Jon@epa.gov> Sent: Wednesday, March 29, 2023 9:49 AM To: Matt Hamilton <matt@hamiltonexc.com> Cc: dave@evergreenhomesnw.com; Johnson, Brian (ECY) <BRJO461@ecy.wa.gov> Subject: EPA Inspection Follow-up (Highland Terrace) Hi Matt, Thanks again for your time and assistance last week during the site visit at the Highland Terrace project. As discussed while on-site, I wanted to follow-up to see about getting an electronic copy of the SWPPP and electronic copies of site inspection reports to review, preferably dating back to last fall (October 2022 -March 2023). If you have any questions feel free to reach out. Much appreciated, Jon Klemesrud Enforcement & Compliance Assurance Division (M/S 20-C04) U.S. Environmental Protection Agency, Region 10 (206) 553-5068 Page 26 of 26