Document N2agzJ9M1RGYKj4mO6peN85ab

Ref: 8 Montana BEL Investments Poplar, MT, LLC 2862 Dauphin Street Mobile, Alabama 36606 Realty Income Properties 20, LLC C/O Realty Income Corporation 11995 El Camino Real San Diego, California 92130 Re: Inspection Report for Poplar Family Dollar, Unpermitted Dear BEL Investments and Realty Income: On July 23, 2024, representatives of the U.S. Environmental Protection Agency inspected the Family Dollar construction site in Poplar, Montana, to evaluate compliance with the site's National Pollutant Discharge Elimination System (NPDES) Construction General Permit (CGP) for Stormwater Discharges from Construction Activities. The inspection was conducted under the authority of Section 308 of the Clean Water Act (Act). Enclosed is a report of the inspection. Based on the information reviewed and obtained during the inspection, I did not document any findings and am not requesting additional information at this time. Recommendations are provided in a table titled "Recommendations" at the end of the report. Please note, in the spirit of government transparency, EPA Region 8 has implemented an initiative to make inspection reports publicly available on the EPA's ECHO website (https://echo.epa.gov/). If you become aware of inaccuracies or have concerns about confidential business information or personal identifiable information contained in the report, please contact me as soon as practicable. This report will likely become publicly available within 10 days. Please contact me at 406-457-5022 or Prideaux.Lisakay@epa.gov if you have any questions regarding this letter or the enclosed report. Sincerely, Prideaux, Digitally signed by Prideaux, LisaKay LisaKay Date: 2024.09.20 08:10:25 -06'00' Lisa-kay Prideaux NPDES and Wetlands Enforcement Section Enforcement and Compliance Assurance Division Enclosures: 1) NPDES Stormwater Construction Inspection Report 2) Photo Log cc (electronic): David Ajnassian, Esq, Realty Income Corporation Robin Brockett, Legal assistant, Realty Income Corporation Andrew L. Smith, Counsel, Elcan & Associates David Collins, Project Engineer, WWC Engineering Gary Melby, SWPPP Administrator, Corland Construction, LLC NPDES Stormwater Inspection Report National Database Information Inspection Date: 07/23/2024 Inspection Type: Stormwater Construction Entry/Exit Time: 11:10 / 11:30 NPDES ID Number: Unpermitted NAICS Code: Inspection ID: 202407_PoplarFamilyDollar Lead inspector and affiliation: Lisa-kay Prideaux - US EPA Inspector Inspector and affiliation: Inspector and affiliation: Facility Location Information (Name/Location/ Mailing Address) Site/Facility Name & Location: Mail Report to: Poplar Family Dollar BEL Investments Poplar, MT, LLC 6090 BIA Route 75 2862 Dauphin Street Poplar, MT 59255 Mobile, Alabama 36606 Realty Income Properties 20, LLC C/O Realty Income Corporation 11995 El Camino Real San Diego, California 92130 Contact Information Facility Contacts: Name(s)/Title David Collins, Project Engineer, WWC Engineering (not present) Gary Melby, SWPPP Administrator, Corland Construction, LLC (not present) Person/Company meeting definition of "Operator" Authorized Official(s) Lereisa Hagadon, Manager on duty, Poplar Family Dollar Poplar Family Dollar David Collins, Project Engineer, WWC Engineering (Not present) Permit Information Is the permit on site and available? unpermitted Date NOI Submitted: unpermitted Effective Date: unpermitted Expiration Date: unpermitted Construction Start Date: Percent complete: Estimated Completion Date: May 15, 2023 Project complete October 2, 2023 Disturbed Area: Total Project Area: Latitude: Longitude: 1.75-acres 2.08-acres 48.115651 -105.151760 Receiving Water(s): Missouri River If applicable, is waiver certification & approval on file? N/A Poplar Family Dollar Unpermitted Page 1 of 4 Regulatory Inspector's source of information: Montana Cadastral, facility representative phone conversations and emails, and field observations. Site Information Nature of Project Construction Stage Residential Clearing/ Grubbing Commercial/ Industrial Rough Grading Roadway Infrastructure Private Building Const. Weather conditions during inspection: Clear sky, sunny, 86F Federal Final Grading State/ Other Municipal Final Stabilization Areas Evaluated During Inspection Permit Effluent/Receiving Waters Records/Reports Flow Measurement Facility Site Review Self-Monitoring Program Other(s): Compliance Schedule Pollution Prevention Laboratory Report Review and Signature Drafter Address/Phone Number Digitally signed Prideaux by Prideaux, LisaKay , LisaKay Date: 2024.09.20 08:10:57 -06'00' Management Signature/Name U.S. EPA Region 8, Montana Operations Office 10 West 15th Street, Suite 3200 Helena, Montana 59626 406-457-5022 Address/Phone Number EMILIO Digitally signed by EMILIO LLAMOZAS LLAMOZAS 15:43:11 -06'00' Date: 2024.09.19 Emilio Llamozas U.S. EPA Region 8 1595 Wynkoop Street 8ECA-W-NW Denver, Colorado 80202 303-312-6407 Date Date 09/19/2024 Poplar Family Dollar Unpermitted Page 2 of 4 Inspection Narrative and Site Description Entry/Introduction: On Tuesday, July 23, 2024, U.S. Environmental Protection Agency (EPA) inspector Lisa-kay Prideaux, conducted an announced inspection to evaluate compliance with the Clean Water Act and the National Pollutant Discharge Elimination System (NPDES) Construction General Permit (CGP) for Stormwater Discharges from Construction Activities. The inspection commenced at approximately 11:10, when Lisakay arrived at the facility and presented credentials and identification to Leriesa Hagadon, Manager on duty at the Family Dollar store. The Manager on duty did not accompany the inspector during the site visit. Throughout the inspection, observations and photograph descriptions were documented. All photographs taken during the inspection are included in the attached photo log and are maintained by EPA in accordance with the Quality Assurance Field Activities Procedure and Standard Operating Procedure. Background: On May 29, 2024, EPA personnel were contacted regarding a potential problem at the Family Dollar construction site located in Poplar, Montana. The potential problem arose when the contractor for the construction project tried to submit a Notice of Termination (NOT) for the construction project. When doing so, the contractor realized the Notice of Intent (NOI, application) to comply under the CGP was never authorized due to an electronic signature issue. The contractor moved forward with the construction project unaware, at the time, that coverage was not authorized. When the contractor identified that an NOT could not be issued, they contacted EPA to inform them of the noncompliance. Through several weeks of communication with the contractor, and Family Dollar's attorney, it was deemed a site visit to determine if the project site met the final stabilization conditions of a NOT, or if a NOI would be required to be completed and a permit issued until those conditions could be met. Site visit: The site inspection included a self-guided walk around the Family Dollar store. The inspector started in the southeast corner of the lot where a constructed swale was located between Route 75 and the store parking lot. There was a riprap apron constructed (photo 60) for the purposes of stormwater entering the swale to not create erosion rills. The inspector walked along the inside of the swale heading west (photo 61) and noted the slope of the swale in the same direction. At the west end of the swale, there appeared to be a detention/infiltration area (photo 62) where the bottom of the swale was graveled. The inspector then walked around the building starting with the west side (photo 63), then the back of the store (photo 64), and finally the east side of the building and parking lot (photo 65). All areas of the previous construction site were heavily vegetated with no signs of an unstabilized area. The postconstruction best management practice of the swale and detention/infiltration pond were also well vegetated, established and maintained. The site also had an outdoor dumpster located on the northeast corner of the building and parking lot (can be seen in photo 65), for good housekeeping practices. After notifying the Manager on duty, the inspector left the site at approximately 11:30. Poplar Family Dollar Unpermitted Page 3 of 4 Recommendations Recommendation #1: Ensure that a Notice of Intent (NOI) for coverage under the Construction General Permit (CGP) is obtained by the owner and operator of the site before construction begins. Poplar Family Dollar Unpermitted Page 4 of 4