Document MMrpDy9gG0db5kEOJ9Ow7QwvL

July 2, 2024 Via Electronic Mail To: sball@nvrinc.com Mr. Shawn Ball, Production Manager NVR Inc. 3349 RT 138 BLDG D - STE B Wall Twp, NJ 07719 Re: Ryan Homes/NVR Inc. - Hawk Pointe Area 2 EPA Compliance Evaluation Inspection (CEI), May 15, 2024 NJPDES 5G3 Permit Number NJG0333433 Dear Mr. Ball: A representative of the United States Environmental Protection Agency conducted a Compliance Evaluation Inspection (CEI) at the NVR Inc. construction site located at 11 Limestone Blvd, Washington Twp, New Jersey on May 15, 2024. The purpose of the CEI was to assess the Site's compliance with the requirements of the New Jersey Pollutant Discharge Elimination System Construction Activity General Permit. Enclosed is a copy of EPA's inspection report detailing the findings and observations of the CEI, including Potential Noncompliance Items and Areas of Concern. Within thirty (30) calendar days of receipt of this letter, please submit a response to the CEI report with ongoing actions that are being taken, or will be taken, to address the Potential Noncompliance Items and Area of Concern to EPA electronically (see below). Justine Modigliani, P.E., Supervisor, CWA Compliance Section Water Compliance Branch Enforcement and Compliance Assurance Division U.S. Environmental Protection Agency, Region 2 290 Broadway, 21st Floor New York, NY 10007 Modigliani.Justine@epa.gov Should you have any questions regarding this letter, feel free to contact me at (212) 637-4268 or contact Christina Palmrose-Krieger of my staff at (212) 637-4049. Sincerely, Digitally signed by PATRICK PATRICK WHALEN Date: 2024.07.09 11:00:19 -04'00' WHALEN FOR Justine Modigliani, P.E., Supervisor CWA Compliance Section Water Compliance Branch Enclosures cc: Don Hirsch, NJDEP, Don.Hirsch@dep.nj.gov Soil Conservation District, smyers@upperdelawarescdnj.com Adam Sachs, NVR Inc., asachs@nvrinc.com Michael Daly, NVR Inc., mdaly@nvrinc.com Taylor Bargiacchi, Project Manager, NVR Inc., tbargiac@nvrinc.com 2 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 2, ECAD-WCB 21st Floor, 290 Broadway, New York, NY 10007 COMPLIANCE EVALUATION INSPECTION REPORT Program: Construction Stormwater Inspection Type: Compliance Evaluation Inspection Permittee Name: NPDES/ICIS No.: NJG0333433 Hawk Pointe Area 2 (Ryan Homes/NVR) Inspection Entry Date: May 15, 2024 Inspection Exit Date: May 15, 2024 Inspection Entry Time: 12:20 PM Inspection Exit Time: 2:15 PM Facility Inspected: Lat, Long: 40.756951, -74.986148 Hawk Pointe Area 2 NAICS / SIC Code: 1522: General Contractors: 11 Limestone Blvd Residential Buildings, Other Washington Twp, NJ 07882 Than Single-Family EPA Representative(s): Christina Palmrose-Krieger, EPA Region 2, 212-637-4049, Palmrosekrieger.Christina@epa.gov Mikhail Mohammed, EPA Region 2, 212-637-4265, Mohammed.Mikhail@epa.gov Patrick Whalen, EPA Region 2, 212-637-4290, Whalen.Patrick@epa.gov State Representative(s): N/A On-Site Facility Representative(s): Taylor Bargiacchi, Project Manager, Ryan Homes/NVR, 732-799-4318, tbargiac@nvrinc.com Shawn Ball, Production Manager, Ryan Homes/NVR, sball@nvrinc.com Responsible Officials: NVR INC 3349 RT 138 - BLDG D - STE B Wall Twp, NJ 07719 Other Officials: N/A Signature of Inspector Agency/Office/Phone Number CHRISTINA Digitally signed by CHRISTINA PALMROSE-KRIEGER PALMROSE-KRIEGER Date: 2024.07.09 11:23:08 -04'00' USEPA/ECAD-WCB/212-637-4049 Signature of Management QA Reviewer Agency/Office/Phone Number PATRICK WHALEN Digitally signed by PATRICK WHALEN Date: 2024.07.09 11:01:59 -04'00' USEPA/ECAD-WCB/212-637-4268 I. INTRODUCTION: On May 15, 2024, representatives from the United States Environmental Protection Agency (EPA) conducted a Compliance Evaluation Inspection at Hawk Pointe Area 2 located at 11 Limestone Blvd, Washington Township, New Jersey. At the time of the CEI, the Site had coverage under the New Jersey Department of Environmental Protection (NJDEP) State Pollutant Discharge Elimination System (NJPDES) General Permit for Stormwater Discharges from Construction Activity (5G3 or Permit) under NJPDES ID No. NJG0333433. The current 5G3, NJG0333433, became effective on May 31st, 2022, and expires on February 28th, 2027. Weather conditions at the time of the CEI were partly cloudy and approximately 62F. II. FINDINGS & OBSERVATIONS: Upon entering the Site, EPA inspector Christina Palmrose-Krieger presented credentials to Taylor Bargiacchi, Project Manager of Ryan Homes/NVR, and Shawn Ball, Production Manager of Ryan Homes/NVR. EPA inspector Palmrose-Krieger held an opening conference with Mr. Bargiacchi and Mr. Ball and explained the purpose, scope, and goals of the inspection and explained that following the onsite walk through, a closing conference would be conducted where preliminary observations would be conveyed. Following the opening conference, EPA reviewed the Stormwater Pollution Prevention Plan ("SPPP") which included the Soil Erosion Sediment Control Plan and the Construction Site Waste Control Component, as well as the Authorization to Discharge, and weekly construction site inspections. The Site is a multifamily residential development encompassing approximately 10.31 acres, located to the east of Route 31 and to the north of Rymon Rd. All clearing had been conducted by the horizontal developer Asbury Farms. At the time of the CEI, the Site was divided into two separate areas of construction. According to Ryan Homes/NVR's written SPPP, and Facility representatives, Ryan Homes/NVR's area of the site is a total of 3.54 acres which will comprise of a total of 115 town homes. The remainder of the approximately 10-acre Site is owned by Asbury Farms. Asbury Farms has also used Harrington Construction Co. Inc. for a portion of their construction activity. Asbury Farms is responsible for the vertical development of two (2) apartment buildings that are being constructed on the Site. Asbury Farms maintains separate NJDPES 5G3 coverage under NJPDES ID No. NJG0321923. Ryan Homes/NVR purchases individual lots from Asbury Farms for town home development. Clear division of the Site was not indicated in any written documentation presented to EPA, at the time of the Inspection, no documentation of a written agreement between permittees partitioning SPPP duties and Best Management Practices ("BMPs") was provided. EPA representatives conducted a site-walk through of the Facility with Mr. Bargiacchi and Mr. Ball. At the time of the CEI, grading and stabilization and of the Site was complete with vertical development of the apartment buildings and individual townhomes underway. Upon final completion of the Site, stormwater will be managed through a series of catch basins that drain to two (2) stormwater basins. One stormwater basin is located along the west side of the Site along Route 31. The second stormwater detention basin is located on the north side of the Site near Clubhouse Drive. Stormwater is designed to discharge under Clubhouse Drive to the north into an unnamed tributary of the Musconetcong River. The Musconetcong River is a major tributary of the Delaware Rive which is a navigable water of the United States. III. POTENTIAL NONCOMPLAINCE ITEMS: 1. Part I.E.1.a of the Permit requires that construction activity that may result in a stormwater discharge authorized by this permit to be executed only in accordance with a SPPP that consists of the erosion and sediment control component and the construction site waste control component set forth in Attachment B. Additionally, Part I.E.1.c of the Hawk Pointe Area 2 - NJG0333433 2 Permit requires that at a minimum all soil erosion and sediment control plans shall be prepared in accordance with the guidance in the most recent version of "Standards for Soil Erosion and Sediment Control in New Jersey" and contain all of the information required in Appendix A2. At the time of the CEI, EPA observed the following areas that were not being executed or maintained in accordance with the erosion and sediment control component and/or did not comply with the Standards for Soil Erosions and Sediment Control in New Jersey: a. The Standards for Soil Erosion and Sediment Control in New Jersey states that sediment barriers should be repaired or replaced (fabric, posts, bales etc.) when damaged. Barriers shall be inspected daily for signs of deterioration and sediment removal. EPA representatives observed areas of silt fencing and filter socks were in disrepair surrounding individual lots in NVR's area of the Site along Limestone Blvd (DSCN3248, DSCN3249). b. The Standards for Soil Erosion and Sediment Control in New Jersey standards state that when soil begins to track onto paved surfaces, the aggregate must be replaced, or new aggregate added on top of the old. Sediment and material were observed on Limestone Blvd. The individual lot construction site entrances on Limestone Blvd needed maintenance (DSCN3248, DSCN3249, DSCN3250, DSCN3251, DSCN3257, DSCN3263, DSCN3265, DSCN3273). 2. Part I.E.4.a of the Permit requires the permittee post a sign or other notice of permit coverage at a safe, publicly accessible location in close proximity to the construction site. The notice must be located so that it is visible from the public road that is nearest to the active part of the construction site, and it must use a font large enough to be readily viewed from a public right-of- way. At a minimum, the sign must include all elements listed in Part I.4.c of the Permit. At the time of the CEI, the permittee had not posted a sign or other notice of permit coverage on-site. 3. Part I.J.3 of the Permit requires the permittee to handle construction site waste that has the potential to be transported by stormwater discharges, including prevention of waste material from contacting stormwater. At the time of the CEI, EPA observed cardboard, debris and litter scattered on the ground throughout Ryan Homes/NVR's portion of the Site (DSCN3265, DSCN3268, DSCN3269, DSCN3270, DSCN3273, DSCN3274, DSCN3275). 4. Part I.J.3 of the Permit states that staged waste containers shall be maintained so as to prevent waste materials from overflowing, leaking, or blowing out of the container. Keep waste container lids closed when not in use and close lids at the end of the business day for those containers that are in use throughout the day. For waste containers that do not have lids the permittee shall ensure that the container is covered (e.g., a tarp), when not in use, to prevent contact of waste material with stormwater. EPA representatives observed that on-site dumpsters in need of repair and uncovered (DSCN3255 and DSCN3261). IV. AREAS OF CONCERN: Hawk Pointe Area 2 - NJG0333433 3 1. At the time of the CEI, Asbury Farms and Ryan Homes/NVR, did not have a formal agreement in place or written documentation that described the delineation of soil erosion and sediment control measure responsibilities as it relates to the SPPP. Ownership and on-site responsibilities were ambiguous in certain locations of the Site, particularly in the rights-of-way areas and near the Ryan Homes/NVR shipping container and concrete washout area. 2. Part I.J.4.g states that designated washout areas shall be lined and bermed to prevent discharges to surface and ground water. Hardened concrete from the concrete washout shall be removed and properly disposed of. At the time of the CEI, EPA representatives observed that the concrete washout area was in need of maintenance. Water and sediment were pooling and running towards Clubhouse Drive (DSCN3231, DSCN3232, DSCN3233, DSCN3234). V. CLOSING: A closing conference was held with Mr. Ball and Mr. Bargiacchi where preliminary findings and observations from the CEI were discussed and the subsequent follow-up that would take place. ATTACHMENTS Attachment 1 - Photograph Log of photos taken May 15th, 2024 Attachment 1.b - CEI Photographs taken on May 15th, 2024 Attachment 2 - Photographs of corrective actions taken; submitted by Ryan Homes May 18, 2024 Attachment 2.b - Photographs of corrective actions taken; submitted by Ryan Homes May 23, 2024 Attachment 3 - Ryan Homes weekly inspection reports; provided May 18, 2024 Attachment 4 - Digital Copy of SPPP; provided May 18, 2024 ADDENDUM Subsequent to the CEI, on May 15, 2024, Mr. Ball transmitted photographic and written documentation of corrective actions taken to address EPA preliminary findings of the CEI, including: a. Silt fencing had been installed, reinstalled, and repaired along Limestone Blvd. b. Damaged filter socks had been replaced. c. Catch basins had been cleaned and new filter fabric had been installed along Limestone Blvd. d. Limestone Blvd had been swept and cleaned of sediment accumulation. e. Construction stone had been replenished in the entrances along Limestone Blvd. f. Two (2) dumpsters had been replaced. g. Temporary signage had been put up on the Ryan Homes shipping container. Hawk Pointe Area 2 - NJG0333433 4 Attachment 1 Photograph Log of Hawk Pointe Area 2 Asbury Farms and Ryan Homes (Un-edited photos taken by Mikhail Mohammed, USEPA Region 2, May 15, 2024) Photo Designation Photo Description DSCN3220 Soil Erosion and Sediment Control map of Site provided by Ryan Homes representatives - Located inside Ryan Homes shipping container on-site. DSCN3221 Soil Erosion and Sediment Control map of Site provided by Ryan Homes representatives - Located inside Ryan Homes shipping container on-site. DSCN3222 Soil Erosion and Sediment Control map of Site provided by Ryan Homes representatives - Located inside Ryan Homes shipping container on-site. DSCN3223 Soil Erosion and Sediment Control map of Site provided by Ryan Homes representatives - Located inside Ryan Homes shipping container on-site. DSCN3224 North end of Site outside Ryan Homes shipping container DSCN3225 North end of Site outside Ryan Homes shipping container DSCN3226 North end of Site outside Ryan Homes shipping container DSCN3228 North end of Site outside Ryan Homes shipping container DSCN3229 DSCN3230 DSCN3231 DSCN3232 DSCN3233 DSCN3234 DSCN3235 5G3 cover page for Asbury Farms provided by Ryan Homes representatives - Located inside Ryan Homes shipping container on-site. 5G3 cover page for NVR INC (Ryan Homes) provided by Ryan Homes representatives - Located inside Ryan Homes shipping container on-site. Concrete washout area on north end of site between Ryan Homes shipping container and Clubhouse Dr Concrete washout area on north end of site between Ryan Homes shipping container and Clubhouse Dr Concrete washout area on north end of site between Ryan Homes shipping container and Clubhouse Dr Concrete washout area on north end of site between Ryan Homes shipping container and Clubhouse Dr Catch basin off of Clubhouse Dr near concrete washout area DSCN3236 Catch basin off of Clubhouse Dr near concrete washout area DSCN3237 Stormwater collecting around catch basin on Clubhouse Dr DSCN3238 Stormwater collecting around catch basin on Clubhouse Dr DSCN3239 Hole drilled next to catch basin by Asbury Farms staff to relieve stormwater collection - no sediment control measure to prevent sediment from entering catch basin through hole - located on Clubhouse Dr Hawk Pointe Area 2 - NJG0333433 5 DSCN3240 DSCN3241 DSCN3242 DSCN3243 DSCN3244 DSCN3245 DSCN3246 DSCN3247 DSCN3248 DSCN3249 DSCN3250 DSCN3251 DSCN3252 DSCN3253 DSCN3255 DSCN3257 DSCN3258 DSCN3259 DSCN3260 DSCN3261 DSCN3262 DSCN3263 Hole drilled next to catch basin by Asbury Farms staff to relieve stormwater collection - no sediment control measure to prevent sediment from entering catch basin through hole - located on Clubhouse Dr Stormwater collecting around catch basin on Clubhouse Dr Stormwater collecting around catch basin on Clubhouse Dr Retention basin under construction on north side of Site off of Clubhouse Dr Stormwater pooling around catch basin at the intersection of Limestone Blvd and Clubhouse Dr Intersection of Limestone Blvd and Clubhouse Drive Intersection of Limestone Blvd and Clubhouse Drive Filter sock and silt fencing being used along Limestone Blvd Filter sock and construction debris along Limestone Blvd Damaged filter sock in need of maintenance and sediment along Limestone Blvd Dumpster in need of repair on Limestone Blvd Sediment and stormwater from the central area of Site running on to Limestone Blvd View from Limestone Blvd to central north area of Site; Dumpster and townhomes can be seen View of Limestone Blvd with townhome construction Dumpster used by Ryan Homes to collect construction waste - uncovered with hole in the bottom Catch basin with sediment accumulation in need of maintenance - Limestone Blvd Catch basin with sediment accumulation in need of maintenance - Limestone Blvd Dumpster used by Ryan Homes to collect construction waste uncovered Uncovered dumpster along Limestone Blvd Dumpster along Limestone Blvd with holes in need of repair View of central area of Site along Limestone Blvd Sediment and stormwater along Limestone Blvd Hawk Pointe Area 2 - NJG0333433 6 DSCN3264 DSCN3265 DSCN3266 DSCN3268 DSCN3269 DSCN3270 DSCN3271 DSCN3272 DSCN3273 DSCN3274 DSCN3275 DSCN3276 DSCN3277 DSCN3278 DSCN3279 DSCN3280 DSCN3281 DSCN3282 DSCN3283 DSCN3284 DSCN3285 DSCN3286 Sediment and stormwater along Limestone Blvd Inlet filter along Limestone Blvd in need or maintenance; construction and sediment debris around catch basin Inlet filter along Limestone Blvd in need or maintenance; construction and sediment debris around catch basin Inlet filter along Limestone Blvd in need or maintenance; construction and sediment debris around catch basin Inlet filter along Limestone Blvd in need or maintenance; construction and sediment debris around catch basin Inlet filter along Limestone Blvd in need or maintenance; construction and sediment debris around catch basin Construction materials along Limestone Blvd Construction materials along Limestone Blvd Inlet filter along Limestone Blvd in need or maintenance; construction and sediment debris around catch basin Inlet filter along Limestone Blvd in need or maintenance; construction and sediment debris around catch basin Inlet filter along Limestone Blvd in need or maintenance; sediment debris and stormwater collecting around catch basin Inlet filter along Limestone Blvd in need or maintenance; sediment debris and stormwater collecting around catch basin Inlet filter along Limestone Blvd in need or maintenance; sediment debris and stormwater collecting around catch basin Inlet filter along Limestone Blvd in need or maintenance; sediment debris and stormwater collecting around catch basin Inlet filter along Limestone Blvd in need or maintenance; sediment debris and stormwater collecting around catch basin Image taken from the south of Limestone Blvd facing north Image taken from the south of Limestone Blvd facing north Image taken from the south of Limestone Blvd facing south Stormwater and disturbed soil south of Limestone Blvd facing west towards Route 31; foundation of Asbury Farms apartment building Stormwater and disturbed soil south of Limestone Blvd facing west towards Route 31; foundation of Asbury Farms apartment building Stormwater and disturbed soil south of Limestone Blvd facing west towards Route 31; foundation of Asbury Farms apartment building Construction material and debris along south east portion of the Site Hawk Pointe Area 2 - NJG0333433 7 DSCN3287 DSCN3288 DSCN3289 DSCN3290 DSCN3291 DSCN3292 DSCN3293 DSCN3294 DSCN3296 DSCN3297 DSCN3298 DSCN3299 DSCN3301 DSCN3302 DSCN3303 DSCN3304 DSCN3305 DSCN3306 DSCN3307 DSCN3308 DSCN3309 DSCN3310 DSCN3311 Construction material and debris along south east portion of the Site Asbury Farms apartment building foundation in southern section of the Site View along the construction road running north to south to Limestone Blvd; facing northeast View along the construction road running north to south to Limestone Blvd; facing southwest to Rymon Rd entrance Sediment and dust seen on Rymon Rd entrance Sediment and dust seen on Rymon Rd entrance; track-out controls in need of maintenance Construction entrance/exit on Rymon Rd Construction entrance/exit on Rymon Rd Silt fencing in need of repair on southern edge of Site Silt fencing in need of repair on southern edge of Site Silt fencing in need of repair on southern edge of Site along Route 31 Silt fencing in need of repair on southern edge of Site along Route 31 Silt fencing in need of repair on southern edge of Site along Route 31 Silt fencing in need of repair on southern edge of Site along Route 31 Silt fencing in need of repair on southern edge of Site along Route 31 Silt fencing in need of repair on southern edge of Site along Route 31 Silt fencing in need of repair on southern edge of Site along Route 31 Slope where stormwater runs towards Route 31; silt fencing in need of repair Slope where stormwater runs towards Route 31; silt fencing in need of repair Silt fencing in need of repair along Route 31 Silt fencing in need of repair along Route 31 Silt fencing in need of repair along Route 31; stormwater and sediment pooling in down silt fencing Silt fencing in need of repair along Route 31; stormwater and sediment Hawk Pointe Area 2 - NJG0333433 8 DSCN3312 DSCN3313 DSCN3314 DSCN3316 DSCN3317 DSCN3318 DSCN3319 DSCN3321 DSCN3322 DSCN3323 DSCN3324 DSCN3325 DSCN3326 DSCN3327 DSCN3329 DSCN3330 DSCN3331 DSCN3332 DSCN3333 DSCN3334 DSCN3335 DSCN3337 pooling in down silt fencing Down silt fence along southern area of Site Down silt fence along southern area of Site Construction material in central area of Site Construction material in central area of Site Harrington shipping container and materials Harrington shipping container and materials Harrington shipping container and materials Harrington shipping container Floodway on the north side of Clubhouse Dr Floodway on the north side of Clubhouse Dr Floodway on the north side of Clubhouse Dr Floodway on the north side of Clubhouse Dr Floodway on the north side of Clubhouse Dr Stormwater outlet running under Clubhouse Dr and into floodway to the north Stormwater outlet running under Clubhouse Dr and into floodway to the north Stormwater outlet running under Clubhouse Dr and into floodway to the north Stormwater outlet running under Clubhouse Dr and into floodway to the north Stormwater outlet running under Clubhouse Dr and into floodway to the north Stormwater outlet running under Clubhouse Dr and into floodway to the north Stormwater outlet running under Clubhouse Dr and into floodway to the north Catch basin north of clubhouse drive Catch basin north of clubhouse drive Hawk Pointe Area 2 - NJG0333433 9 DSCN3338 DSCN3339 DSCN3342 Catch basin north of clubhouse drive Catch basin north of clubhouse drive Map of overall site plan in Asbury Farm office - picture taken before closing conference Hawk Pointe Area 2 - NJG0333433 10 Attachment 1.b - Photographs Compliance Evaluation Inspection (CEI) Photo Album Taken by Mikhail Mohammed Hawk Pointe Area 2 Washington Twp, NJ 05/15/2024 DSCN3220 DSCN3222 DSCN3221 DSCN3223 DSCN3224 DSCN3226 DSCN3225 DSCN3228 DSCN3229 DSCN3231 DSCN3230 DSCN3232 DSCN3233 DSCN3235 DSCN3234 DSCN3236 DSCN3237 DSCN3239 DSCN3238 DSCN3240 DSCN3241 DSCN3243 DSCN3242 DSCN3244 DSCN3245 DSCN3248 DSCN3247 DSCN3249 DSCN3250 DSCN3252 DSCN3251 DSCN3253 DSCN3255 DSCN3258 DSCN3257 DSCN3259 DSCN3260 DSCN3262 DSCN3261 DSCN3263 DSCN3264 DSCN3266 DSCN3265 DSCN3268 DSCN3269 DSCN3271 DSCN3270 DSCN3272 DSCN3273 DSCN3275 DSCN3274 DSCN3276 DSCN3277 DSCN3279 DSCN3278 DSCN3280 DSCN3281 DSCN3283 DSCN3282 DSCN3284 DSCN3285 DSCN3287 DSCN3286 DSCN3288 DSCN3289 DSCN3291 DSCN3290 DSCN3292 DSCN3293 DSCN3296 DSCN3295 DSCN3297 DSCN3298 DSCN3301 DSCN3299 DSCN3302 DSCN3303 DSCN3305 DSCN3304 DSCN3306 DSCN3307 DSCN3309 DSCN3308 DSCN3310 DSCN3311 DSCN3313 DSCN3312 DSCN3314 DSCN3316 DSCN3318 DSCN3317 DSCN3319 DSCN3321 DSCN3323 DSCN3322 DSCN3324 DSCN3325 DSCN3327 DSCN3326 DSCN3329 DSCN3330 DSCN3332 DSCN3331 DSCN3333 DSCN3334 DSCN3337 DSCN3335 DSCN3338 DSCN3339 DSCN3342