Document JJezXDpVGYVdxqorXKGNKyR72

March 28, 2024 Scott Campbell South Alabama Materials, Inc. 8 East Quintette Road Cantonment, Florida 32533 scott.campbell@acs-office.com Dear Mr. Campbell: On January 30 and 31, 2024, the U.S. Environmental Protection Agency Region 4, conducted a Clean Water Act (CWA), Section 404 Inspection (Section 404 Inspection) at the South Alabama Materials, Inc. Sardine Pit facility located at or near 3028 Alger Road, Atmore, Escambia County, Alabama. The purpose of the Section 404 Inspection was to evaluate South Alabama Material, Inc.'s compliance with the requirements of sections 301 and 404 of the CWA, 33 U.S.C. 1311 and 1344. Enclosed is a copy of the EPA's Inspection Report. If you have any questions, please contact Christopher Parker at (404) 562-9838 or parker.christopher@epa.gov. Sincerely, AHMAD Digitally signed by AHMAD DROMGOOLE DROMGOOLE 11:45:34 -04'00' Date: 2024.04.01 Ahmad Dromgoole, Chief Waterways and Wetlands Enforcement Section Enforcement and Compliance Assurance Division ENCLOSURES 1. South Alabama Materials Sardine Pit CWA 404 Inspection Report cc (via electronic mail): Philip Hegji, U.S. Army Corps of Engineers, Mobile District William McClimans, Alabama Department of Environmental Management Scott Hughes, Alabama Department of Environmental Management Neil C. Johnston, Esq., Hand Arendall Harrison Sale, LLC 2 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) Christopher Parker Blaine Preston Time In 9:30 AM Time Out 5:00 PM Start Date January 30, 2024 End Date January 31, 2024 Inspector's Organization Enforcement and Compliance Assurance Division/Waterways and Wetlands Enforcement Section Organization Requesting Inspection (if different) N/A Inspection Type Evaluation Inspection Status Original Site Name South Alabama Materials, Inc., Sardine Pit Site Address* 3028 Alger Road City* Atmore County* Escambia State* AL Zip Code* 36502 Mailing Address* 8 East Quintette Road City* Cantonment County* Escambia State* FL Zip Code* 32533 Latitude* 31.172131 Longitude* -87.365565 Estimated Size of Site (acres) 800 Is there a home on the site? Yes No Signature Inspector CHRISTOPHER PARKER Date: 2024.03.20 13:39:51 -04'00' Digitally signed by CHRISTOPHER PARKER Date Signature Supervisor AHMAD DROMGOOLE Date: 2024.04.01 11:46:07 -04'00' Digitally signed by AHMAD DROMGOOLE Date Effective August 2020 Page 1 of 5 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) Site Name South Alabama Materials, Inc., Sardine Pit Start Date January 30, 2024 End Date January 31, 2024 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) Scott Campbell, Mike Campbell, Paul Bell, and Rita Nettles (at closing conference only) - South Alabama Materials, Inc. Sean O'Toole - Biome/URS (Present on Jan 30, not present on Jan 31) Ben White - Tensaw Engineering (Present on Jan 30, not present on Jan 31) Neil Johnston - Hand Arendall Harrison Sale, LLC (Present on Jan 30, not present on Jan 31, attended closing conference via telephone) Opening Conference Name of person authorizing access if applicable Scott Campbell Notes from Opening Conference Site access was arranged through Scott Campbell with South Alabama Materials. At approximately 0930 (Central) on January 30, 2024, the inspection team met with representatives of South Alabama Materials (listed above). Introductions were given and a sign-in sheet was circulated for those in attendance (see Attachment A). During the opening conference an overview of why EPA was inspecting the Site and the areas planned for inspection (including examination of soil, vegetation and hydrology, collecting field notes, photographs, and general observations of the Site) were discussed. EPA explained that the inspection involved Section 404 of the Clean Water Act and Section 402 of the Clean Water Act and that the Section 402 team would provide an overview of their activities. A map depicting the area planned for inspection along with approximated sample point locations (see Attachment B) was reviewed during the opening conference and a course of action to initiate the inspection was decided. During the opening conference, Mike Campbell asked about the Corps of Engineers involvement with the inspection and stated that they had received a permit. According to Mike Campbell, he believed that the Corps permit covered all of the ongoing activities. The inspection team stated that it was aware of the Corps action as it related to a smaller mining footprint on the southern end of the mine (124-acre parcel located between I-65 and a utility easement). From its review of the Corps 2005 action, EPA did not believe there to be coverage outside of the 124-acre area. The inspection team also stated that if South Alabama Materials had additional information, it could provide that as part of its 308 Information Request response. In response, Mike Campbell stated that he was just the land owner. When asked when he last purchased property within the area of concern/Site, he stated 2015. Mike Campbell also stated that the Site flooded 2-3 times per year and that during one flood event, a dredge was carried off-site down Big Escambia Creek and had to be retrieved. During the opening conference, Scott Campbell asked why the EPA was at the site, what it was looking for/concerned with, and why now. EPA personnel stated that it had been conducting inspections of sand and gravel mines throughout Alabama. As part of this effort, the EPA, along with ADEM, ADOL, and the Corps of Engineers conducted outreach in 2019 at the ADEM Montgomery office . Scott Campbell stated that he recalled that meeting and that he may have even attended. Scott Campbell provided a general overview of operational information for the mine and potential safety concerns. Scott Campbell asked that the inspection team be escorted by South Alabama Materials while in the areas of active mining and sorting and that inspectors stay 50-feet away from the edges of active mine pits. Access Issues if Any Effective August 2020 Page 2 of 5 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) Site Name South Alabama Materials, Inc., Sardine Pit Start Date January 30, 2024 End Date January 31, 2024 Describe Large site with many previously mined areas, reclaimed mined areas, ongoing material sorting, and heavy equipment operation. Inspection Observations and Sample Collection Site Owner/Site Operator/Responsible Party (Name, title and contact information) Mike Campbell - Owner (stated during the opening conference that he was the land owner) South Alabama Materials, Inc. - Operates mining activities Additional Persons Present at Inspection Lonnie Dorn, Jeremy Judd - EPA, Region 4 Ange Boatwright, Robert Glover - ADEM Kort Kirkeby, Kate Forsmark - ERG Dane Leach, Jennifer Wilder, Jessica Savage - Corps of Engineers (only present on day 2 of the inspection) General Site Characteristics (layout of property, etc.) The Site is located within the Southeastern Plains physiographic providence, Southern Pine Plains and Hills Level IV Ecoregion. The Southern Pine Plains and Hills typically consisted of mixed forest and longleaf pine, but now loblolly and slash pine plantations cover wide areas. The hill summits and higher elevations within the Southern Pine Plains and Hills are composed of the Citronelle formation, generally sandy, gravelly, and porous, and more resistant to erosion than the older underlying Miocene sandstones. The Site itself is a broad floodplain, flat with little to no slope, but generally drains to the south and east toward Robinson Creek and Big Escambia Creek. Properties to the west drain to the Site. There are several unnamed tributaries to the west that drain to the Site. Purpose and Need for Discharge of Dredged and/or Fill Material N/A Site Overview (Past inspections, site description, permits, etc.) No prior inspections have been conducted by EPA at the Site. The Site is an approximately 800-acre sand and gravel mine located north of Interstate 65 and east of Alger Road, adjacent to Big Escambia Creek in Escambia County, Alabama (see Attachment B). Work at the Site consisted of mechanical land clearing, construction of drainage ditches, mining material and creating containment cells, construction of roads and levees, stockpiling materials, and material sorting. Scope of Inspection (Areas inspected or not inspected) See Attachment B. Effective August 2020 Page 3 of 5 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) Site Name South Alabama Materials, Inc., Sardine Pit Environmental Conditions (e.g., wind, rain, smoke, dust, temperature, snow) Weather conditions during the inspection: 01/30/2024 - Sunny and mostly clear skies, high temperatures in the mid-fifty's. 01/31/2024 - Sunny and mostly clear skies, high temperatures in the mid-fifty's. Start Date January 30, 2024 End Date January 31, 2024 Analysis of rainfall data from the National Oceanic and Atmospheric Administration's daily global historical climatology network indicated antecedent precipitation for the Site 90 days prior to the inspection was normal (see Attachment C). Field Work Conducted Observations and/or sampling of data points were conducted throughout the Site and their locations were recorded using a GPS enabled Nikon AW120 camera and a Trimble Geo7X (submeter accuracy GPS unit). Photographs were taken of soil profiles, wetland locations, and field observations. The inspection team utilized the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Atlantic and Gulf Coastal Plain (Version 2) in addition to the 1987 Corps of Engineers Wetland Delineation Manual, to sample and confirm wetlands at five locations at the Site. Locations of observations are included on the attached photographic log (see Attachment D). After the opening conference, the Section 404 inspection team drove to a location near Points 6 and 14 (see Attachment B). The team was accompanied by Sean O'Toole and Neil Johnston, representatives of South Alabama Materials, Inc. The area was observed to be planted pine that had been recently thinned. In this area inspection team identifed hydric soils, wetland hydrology, and hydrophytic vegetation at Data Point A1 (see Attachment D, Photos 1-5). While making observations at or near Data Point A1, Neil Johnston stated that he did not think the area was jurisdictional and asked about jurisdiction. In response, the EPA inspectors stated that the jurisdictional determination was a legal determination and that they could not comment on the jurisdictional status. The inspection teams broke for lunch at this time reconvening after lunch at the southern end of the Site to resume the inspection. At the southern end of the Site, the inspection team observed mining operations, berm construction along Big Escambia Creek, and general site conditions. The inspection team documented observations of a remnant tributary to Big Escambia Creek (see Attachment D, Photos 6-8). The inspection team also made and recorded observations of general site conditions and mining activities (see Attachment D, Photos 9-11). Once these observations were docuemented, the inspection team discussed and made plans to resume the inspection on the following day. It was agreed to meet at the office at 0830 the next day to resume the inspection and EPA inspectors departed the Site for the day. On the second day of the inspection, the inspectors met at South Alabama Materials' office at 0830. The team discussed holding a closing conference at the end of day and agreed to meet back at the office at 1630. For the second day, the Section 404 inspection team was joined by project mangers from the Corps of Engineers, Mobile District. The 404 inspection team along with the Corps personnel drove to a location near points 12 and 13 (see Attachment B). In this area, the inspection team observed mechanized land clearing, stockpiling of material (soil and vegetation), and excavation with sidecast at Data Point A2 (see Attachment D, Photos 12-20). At Data Point A2, EPA inspectors observed hydric soils and wetland hydrology, vegetation that had been recently removed and evidence that the area was mechanically cleared. The 404 inspection team also observed the confluence of a recently filled ditch leading to Big Escambia Creek near this location (see Attachment D, Photos 12-13). The inspection team then proceeded NW to Data Point A3. There the team observed that the area around Data Point A3 had been cleared of vegetation but not mechanically cleared (observed intact stumps and beds). EPA observed hydric soils, wetland hydrology, and hydrophytic vegetation at Data Point A3 (see Attachment D, Photos 22-26). The 404 inspection team then proceeded NE to Data Points A4 and A5. There it observed that the area around Data Points A4 and A5 was recently thinned planted pine plantation. EPA inspectors found hydric soils, wetland hydrology, and hydrophytic vegetation at Data Points A4 and A5 (see Attachment D, Photos 27-32). With the stite inspection concluded, the Section 404 inspection team returned to South Alabama Materials' office for the closing conference. The Corps personnel departed the Site and did not attend the closing conference. Effective August 2020 Page 4 of 5 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) Site Name South Alabama Materials, Inc., Sardine Pit Start Date January 30, 2024 End Date January 31, 2024 Closing Conference Documents Received and/or Requested During the Inspection No documents were received during the inspection. The only request for documents, as outlined in the opening conference, were for documents pertaining to any permits issued by the Corps of Engineers. Compliance Assistance Provided (If any) See Observations Relayed to Site Owner/Operator and Potential Issues of Concern sections below. Observations Relayed to Site Owner/Operator EPA inspectors informed South Alabama Materials, Inc. that observations would be discussed internally at EPA and that the EPA inspection report will be released to South Alabama Materials, Inc. within 70 days of the closing conference. EPA also informed South Alabama Materials, Inc. that it observed hydric soil indicators, wetland hydrology, and hydrophytic vegetation (wetlands) in the areas adjacent to and north of the current mining activities. Actions Taken by Owner/Operator During the Inspection (If any) None. Potential Issues of Concern Including Regulatory Citations Unauthorized discharges of dredged and/or fill material into wetlands and tributaries and using impounded wetlands and tributaries for stormwater treatment (Sections 301 and 404 of the CWA, 33 U.S.C. 1311 and 1344). Attachments* Maps and Sketches Photographs (including location) and Photo Log Other (SSIP, Wetlands Delineation Forms, etc.) Attachment A - Attendance Log Attachment B - Map of Area of Inspection and Approximate Sampling Locations Attachment C - Rainfall Data Attachment D - Photographic Log Additional Notes During the closing conference on January 31, 2024, Mike Campbell was believed to have been observed by a member of the inspection team filming the closing conference on his phone without providing notice to or seeking prior consent from the EPA inspection team. Effective August 2020 Page 5 of 5 Legend Site !H DataPoint ^_ Proposed Observation Location 10 ^_ 7 6 ^_A1 ^_!H 14 ^_ A5 !H ^_15 !H A4 ^_ 11 !H 12 2 A3 ^_8 ^_ ^_ 13 A2 ^_!H 1 ^_ 5 0 ^_ ^_ 9 ^_ 4 ^_ 3 ^_ ATTACHMENT B SOUTH ALABAMA MATERIALS, INC. - SARDINE PIT ATMORE, ESCAMBIA COUNTY, ALABAMA 0 1,000 2,000 Imagery: 2023 USDA NAIP 4,000 Feet I ATTACHMENT D South Alabama Materials, Inc. Sardine Pit Photographic Log Escambia County, Alabama January 30-31, 2024 Overview Map ATTACHMENT D Page 1 of 34 PHOTO 1 Title Comment Description Photo 1 Taken by Blaine Preston. Soil profile at Data Point A1. ATTACHMENT D Page 2 of 34 PHOTO 2 Title Comment Description Photo 2 Taken by Blaine Preston. Soil profile at Data Point A1. ATTACHMENT D Page 3 of 34 PHOTO 3 Title Comment Description Photo 3 Taken by Blaine Preston. Striking south over Data Point A1. ATTACHMENT D Page 4 of 34 PHOTO 4 Title Comment Description Photo 4 Taken by Blaine Preston. Striking east over Data Point A1. ATTACHMENT D Page 5 of 34 PHOTO 5 Title Comment Description Photo 5 Taken by Blaine Preston. Striking west over Data Point A1. ATTACHMENT D Page 6 of 34 PHOTO 6 Title Comment Description Photo 6 Taken by Blaine Preston. Striking downstream, unnamed tributary (UT) east of berm, just upstream of the UT's confluence with Big Escambia Creek. Red arrow indicates direction of flow. ATTACHMENT D Page 7 of 34 PHOTO 7 Title Comment Description Photo 7 Taken by Blaine Preston. Striking northwest from same location as Photo 6 in UT channel, Big Escambia Creek's natural levee. ATTACHMENT D Page 8 of 34 Big Escambia Creek PHOTO 8 Title Comment Description Photo 8 Taken by Blaine Preston. Striking downstream, unnamed tributary (UT) east of berm, at the UT's confluence with Big Escambia Creek. Red arrow indicates direction of flow. ATTACHMENT D Page 9 of 34 PHOTO 9 Title Comment Description Photo 9 Taken by Blaine Preston. Striking northeast from interior of mine, spoil pile in background. ATTACHMENT D Page 10 of 34 PHOTO 10 Title Comment Description Photo 10 Taken by Blaine Preston. Striking southeast of mined area, berm in background. ATTACHMENT D Page 11 of 34 PHOTO 11 Title Comment Description Photo 11 Taken by Blaine Preston. Striking south of mined area, berm in background. ATTACHMENT D Page 12 of 34 PHOTO 12 Big Escambia Creek Title Comment Description Photo 12 Taken by Chris Parker. Striking E/SE at the end of a recently filled ditch and its confluence with Big Escambia Creek. Red arrow indicates direction of flow. (No GPS data for this photograph) ATTACHMENT D Page 13 of 34 PHOTO 13 Big Escambia Creek Title Comment Description Photo 13 Taken by Blaine Preston. Same as Photo 12, GPS data collected. Red arrow indicates direction of flow. ATTACHMENT D Page 14 of 34 PHOTO 14 Title Comment Description Photo 14 Taken by Blaine Preston. Striking west of ditch that had been recently filled. ATTACHMENT D Page 15 of 34 PHOTO 15 Title Comment Description Photo 15 Taken by Blaine Preston. Striking southwest of mechanically cleared area and fill material. ATTACHMENT D Page 16 of 34 PHOTO 16 Title Comment Description Photo 16 Taken by Blaine Preston. Striking south of fill material. ATTACHMENT D Page 17 of 34 PHOTO 17 Title Comment Description Photo 17 Taken by Blaine Preston. Striking west from berm of mechanically cleared area, fill material, and recently filled ditch. ATTACHMENT D Page 18 of 34 PHOTO 18 Title Comment Description Photo 18 Taken by Blaine Preston. Striking north from berm of mechanically cleared area, fill material, and recently filled ditch. ATTACHMENT D Page 19 of 34 PHOTO 19 Title Comment Description Photo 19 Taken by Blaine Preston. Striking east from berm of mechanically cleared area and Big Escambia Creek. Red arrow indicates direction of flow. ATTACHMENT D Page 20 of 34 PHOTO 20 Title Comment Description Photo 20 Taken by Blaine Preston. Soil profile at Data Point A2. ATTACHMENT D Page 21 of 34 PHOTO 21 Title Comment Description Photo 21 Taken by Blaine Preston. Striking northwest of recently filled ditch and area left unfilled or excavated after filling. ATTACHMENT D Page 22 of 34 PHOTO 22 Title Comment Description Photo 22 Taken by Blaine Preston. Striking north over Data Point A3. ATTACHMENT D Page 23 of 34 PHOTO 23 Title Comment Description Photo 23 Taken by Blaine Preston. Striking south over Data Point A3. ATTACHMENT D Page 24 of 34 PHOTO 24 Title Comment Description Photo 24 Taken by Blaine Preston. Striking west over Data Point A3. ATTACHMENT D Page 25 of 34 PHOTO 25 Title Comment Description Photo 25 Taken by Blaine Preston. Striking east over Data Point A3. ATTACHMENT D Page 26 of 34 PHOTO 26 Title Comment Description Photo 26 Taken by Blaine Preston. Soil profile at Data Point A3. ATTACHMENT D Page 27 of 34 PHOTO 27 Title Comment Description Photo 27 Taken by Blaine Preston. Soil profile at Data Point A4. ATTACHMENT D Page 28 of 34 PHOTO 28 Title Comment Description Photo 28 Taken by Blaine Preston. Soil profile at Data Point A5. ATTACHMENT D Page 29 of 34 PHOTO 29 Title Comment Description Photo 29 Taken by Blaine Preston. Striking north over Data Point A5. ATTACHMENT D Page 30 of 34 PHOTO 30 Title Comment Description Photo 30 Taken by Blaine Preston. Striking east over Data Point A5. ATTACHMENT D Page 31 of 34 PHOTO 31 Title Comment Description Photo 31 Taken by Blaine Preston. Striking west over Data Point A5. ATTACHMENT D Page 32 of 34 PHOTO 32 Title Comment Description Photo 32 Taken by Blaine Preston. Striking south over Data Point A5. ATTACHMENT D Page 33 of 34 PAGE INTENTIONALLY BLANK ATTACHMENT D Page 34 of 34