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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.
Rachel Earwood Inspector Name(s) Christopher Parker
Zachary Schlachter
Time In 1145 (EST) Start Date November 30, 2021 Time Out 1430 (EST) End Date November 30, 2021
Inspector's Organization Enforcement and Compliance Assurance Division, Waterways and Wetlands Enforcement Section
Organization Requesting Inspection (if different)
Inspection Type Evaluation
Inspection Status Original
Site Name
Lumsden
Site Address* 1777 Weaver Parks Road
City* Gay
County* Meriwether
State* GA Zip Code* 30218
Mailing Address* PO Box 251
City* Gay
County* Meriwether
State* GA Zip Code* 30218
Latitude* 33.15061
Longitude* -84.5549
Estimated Size of Site (acres) 478.6
Is there a home on the site?
Inspector Signature
RACHEL EARWOOD Date: 2022.02.01 10:50:13 -05'00' Digitally signed by RACHEL EARWOOD
Supervisor Signature
Dromgoole, Ahmad Date: 2022.02.01 09:06:05 -05'00' Digitally signed by Dromgoole, Ahmad
Yes
No
Date
Date
Effective August 2020
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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
Lumsden
Start Date November 30, 2021 End Date November 30, 2021
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)
Mr. Roger Lumsden, Property Owner
Opening Conference Name of person authorizing access if applicable Mr. Roger Lumsden
Notes from Opening Conference
The EPA inspection team met with Roger Lumsden at approximately 11:50 EST on November 30, 2021. Inspectors gave an overview of why the EPA would be investigating areas within the Site, including examining soil profiles, vegetation, hydrology, and landscape; and collecting field notes, photographs, and general observations of the Site. A tentative course of action was decided on, and the inspectors began field work.
Access Issues if Any
Describe
Inspection Observations and Sample Collection
Site Owner/Site Operator/Responsible Party (Name, title and contact information)
Mr. Roger Lumsden, Property Owner/Member of Waters Edge Plantation, LLC, jrlums@aol.com
Additional Persons Present at Inspection
None.
General Site Characteristics (layout of property, etc.) The Site is located within the Southeastern USA Plains, Piedmont Level III Ecoregion. Clover, oats, rice, corn, and sorghum are grown on the property. A spring-fed pond that has existed for decades lies to the west within the property and its flow has been historically channelized to White Oak Creek. A second unnamed tributary was identified onsite that had been historically channelized and currently discharges to White Oak Creek (Photo 14). An existing berm lies to the east of the spring-fed pond. Upon speaking with Mr. Lumsden, the inspection team learned that the longer and newer berm onsite was constructed about two years before the time of the inspection. This berm separates the northern field and the wooded/limited timber-harvesting area between fields, then begins to form the northern edge of the southern field (visible in background of Photo 4). There are water control structures located throughout the Site, including a pipe from the spring-fed pond with a gate valve that allows for diversion of water from the spring-fed pond to the northern field. When open, this water floods the northern and southern fields and the other water control structures control water levels within and between the fields (Photos 1, 4, 6, 8, 13). Mr. Lumsden told the team that the fields are flooded October through January.
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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
Lumsden
Purpose and Need for Discharge of Dredged and/or Fill Material N/A
Start Date November 30, 2021 End Date November 30, 2021
Site Overview (Past inspections, site description, permits, etc.)
On March 1, 2021, the Georgia Environmental Protection Division (GAEPD) conducted a complaint investigation at Waters Edge Plantation, LLC. Also present were Butch Oliver, Meriwether County building inspector, and Mr. Lumsden. GAEPD determined that a berm/dam had been constructed with a drainage structure to allow a low-lying area (approximately 27 acres) to flood. On March 29, 2021, D. Wayne Smith, PE, and his associate, Ross Ulmer, PE (D.W. Smith Design Group) met Mr. Lumsden and Bill Keith, his associate, onsite to make visual inspections and discuss the current crop management activities that had been implemented.
Scope of Inspection (Areas inspected or not inspected)
See Attachment A.
Effective August 2020
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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
Lumsden
Start Date November 30, 2021 End Date November 30, 2021
Environmental Conditions (e.g., wind, rain, smoke, dust, temperature, snow)
Sunny, clear; temperatures warming into the high 60s; mild wind. Analysis of rainfall data from the U.S. Army Corps of Engineers' Antecedent Precipitation Tool (based on NOAA's Daily Historical Climatology Network) indicates that antecedent precipitation for the Site 90 days prior to the inspection was normal (see Attachment B).
Field Work Conducted
Observations of soil profiles, vegetation, hydrology, and landscape were conducted throughout the Site and their locations were recorded using a GPS-enabled Nikon AW120 camera. The Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Eastern Mountains and Piedmont (Version 2), in addition to the 1987 Corps of Engineers Wetland Delineation Manual, were used as a reference at the Site. Locations and descriptions of all photos are included in the photographic log (Attachment C).
Closing Conference
Documents Received and/or Requested During the Inspection
None.
Compliance Assistance Provided (If any) None.
Observations Relayed to Site Owner/Operator Mr. Lumsden was informed that an EPA inspection report would be provided within 70 days of the inspection date.
Actions Taken by Owner/Operator During the Inspection (If any) None.
Potential Issues of Concern Including Regulatory Citations Discharge of dredged and/or fill material associated with the installation of a culvert and outlet control device in an unnamed tributary to White Oak Creek.
Attachments*
Maps and Sketches
Photographs (including location) and Photo Log
Other (SSIP, Wetlands Delineation Forms, etc.)
Attachment A: Map of Approximate Area of Inspection Attachment B: Rainfall Data (Antecedent Precipitation vs. Normal Range) Attachment C: Photographic Log
Additional Notes
None.
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