Document OzLQ0L1pwK63eY70eyoDMDO2j

EPA REGION 5 Enforcement and Compliance Assurance Division INSPECTION REPORT Inspection Entry Date/Time Inspection Exit Date/Time Weather Media Statute(s)/Program(s) Type of Inspection 04/18/2024 12:32 PM (CT) Announced: No 04/18/2024 2:40 PM (CT) Access: Granted Intermittent heavy rain and close to 60 degrees Fahrenheit Water Clean Water Act, NPDES, Stormwater - Industrial Industrial Stormwater Inspection (ISI) Permittee Name Facility or Site Name Facility/Site Physical Address City, State, Zip Code County Facility GPS Coordinates Mailing Address City, State, Zip Code Northeast Asphalt, Inc. (Hobart Quarry) Northeast Asphalt, Inc. (Hobart Quarry) 451 County Highway EE DePere, Wisconsin 54115 Brown 44.439271, - 88.174787 N3 W23650 Badinger Road Waukesha, WI 53118 FRS ID Permit Number SIC and/or NEACS WIR051IA0C 1422 Regulatory Representatives Participating in Inspection: Title Name N/A N/A Organization N/A Lead Inspector: Danny Nguyen Supervisor Review: Mr. Brooke Furio DANNY NGUYEN Date: 2024.06.14 08:19:00 -04'00' Digitally signed by DANNY NGUYEN EPA REGION 5 nguyen.danny@epa.gov (440) 250-1709 BROOKE FURIO Date: 2024.06.14 09:02:21 -04'00' Digitally signed by BROOKE FURIO EPA REGION 5 furio.brooke@epa.gov (440) 250-1705 1 of 37 Northeast Asphalt, Inc. (Hobart Quarry) Inspection Date: 04/18/2024 SECTION I - INTRODUCTION Site Entry and Inspection Objectives EPA REGION 5 inspector, Danny Nguyen, arrived at Northeast Asphalt, Inc. Hobart Quarry (NEA - Hobart), located at 451 County Highway EE, DePere, Wisconsin 54115, at 12:32PM (CT) on 04/18/2024 for an unannounced inspection. Mr. Nguyen presented his credentials to Mr. Zach Leitner and informed him that this was an EPA REGION 5 inspection to investigate elements of the Clean Water Act (CWA) and applicable regulations. This report is based on information supplied by NEA - Hobart's representatives, direct observations made by the EPA REGION 5 inspectors, records and reports maintained by the permittee and other information including: photographs taken by EPA REGION 5 inspectors, physical evidence collected by the EPA REGION 5 inspectors, measurements taken by EPA REGION 5 inspectors, verbal or written statements made by information supplied by NEA - Hobart's representatives during or subsequent to the on-site inspection, and materials, processes, data, photographs, or documents shown, demonstrated, or submitted to the EPA REGION 5 inspectors by NEA - Hobart's representatives during or subsequent to the on-site inspection. In addition, information gathered prior to or subsequent to the inspection from a review of EPA, State, and/or public records may be included in this report. Attendees Organization EPA REGION 5 Walbec Group Attendee Name Danny Nguyen Zach Leitner Facility/Site Description Title NPDES Inspector Environmental Coordinator Present in Opening Conf. Yes Yes Present in Closing Conf. Yes Yes EPA REGION 5 inspector confirmed the following Facility information: NEA - Hobart applied for and was issued a Multi Sector General Permit (MSGP) to Discharge Under the United States Environmental Protection Agency (EPA) National Pollution Discharge Elimination System NPDES ID WIR05IA0C. Northeast Asphalt, Inc. (NEA) is one of six companies that make up the Walbec Group who produces construction materials and services to their customers. NEA produces and provides asphalt pavement services and products throughout Northern Wisconsin. According to the site's Notice of Intent (NOI), Hobart Quarry is a nonmetallic sand and gravel pit/quarry, in which sand and stone are excavated/blasted, crushed, and sorted into specified gradation stockpiles. Motorized mobile crushing plants are brought in for crushing and washing operations. NEA is the owner/operator for the entire Hobart Quarry property parcel footprint as outlined in the drainage map in Appendix 1. Stormwater does not directly discharge from the quarry as described by Mr. Leitner. Stormwater is collected at the southeast and southwest corner in the quarry in sump holes. The southwest sump hole is the main stormwater collection area. When stormwater collects on the southeast corner sump hole, it is pumped into the main southwest hole via pump and hose. NEA - Hobart conducts dewatering operations on an as needed basis by pumping out the stormwater from the quarry main sump hole and discharging through a hose to a stormwater ditch that flows north towards a wetlands area. From there, the stormwater flows southwest where it discharges to Duchman Creek that runs west to east on the southside of the site. 2 of 37 Northeast Asphalt, Inc. (Hobart Quarry) Inspection Date: 04/18/2024 NENES Facility/Site Information Responsible official Zach Leitner Verify SIC Code 1422 Personnel conducting Max Pace inspections/sampling Sampling locations Samples taken from end of pump hose discharging to the stormwater ditch Copy of the SWPPP Yes Number of employees 1 operator at site Receiving Water Duchman Creek Number/location of Stormwater Inlets/ Outfalls/Drains including near docks or storage areas and where they initially drain (MS4, ditch detention basin) Stormwater is discharged through dewatering operations from the southwest main sump hole in the quarry via hose and discharged to a stormwater ditch that flows north towards a wetland area on the west side of the property. The stormwater from the wetlands flows southwest via ditch and discharges into Duchman Creek. No direct discharge outfalls at the site. BMPs/Stormwater Treatment Frequent visual inspections, good housekeeping, erosion control, spill prevention and response. Industrial activities exposed to stormwater Aggregate stockpiles, mobile crushing plants, and portable fuel storage tanks Industrial Sector/Sub- J/J2 sector Type of Operation Nonmetallic sand and stone excavation/blasting, crushing, and washing Shifts/Hours/Days of During non-winter months 6:00 AM - 5:00 PM, winter months 7:00 AM - 3:00 PM Operations/Shutdowns Monday through Friday Size of Facility 76 acres Is the SWPPP team No present Name of the person engaging with the inspector Zach Leitner Type of materials Aggregate materials, mobile crushing plants, and portable fuel storage tanks and/or vehicles stored outdoors Location(s) Location/Area/Sub-area Outdoor area Description The outdoor area consists of aggregate stockpiles within the quarry. Outside the quarry is grass and vegetated areas. On the west side of the quarry is a wetlands area. On the east side of the quarry is a new area for excavation and blasting. 3 of 37 Northeast Asphalt, Inc. (Hobart Quarry) Inspection Date: 04/18/2024 Location: Outdoor area Observation #: DN1-OB-001 Date: 04/18/2024 Weather: Intermittent heavy rain and close to 60 degrees Fahrenheit EPA observed the following, during the walkthrough of the outdoor area: At the secondary sump hole on the southeast side of the quarry, Mr. Nguyen noticed a portable fuel storage tank on a trailer near the collection hole. The fuel tank did not have secondary containment in case of leaks or spills. Mr. Leitner stated that grab samples are not taken from the ditch from the wetlands that merges into Duchman Creek. A permit coverage sign was posted at the entrance of the facility but had previous owner contact and coverage information and not the current owner contact information. 4 of 37 Northeast Asphalt, Inc. (Hobart Quarry) Inspection Date: Photos 1. DSCN0642.JPG 2. DSCN0643.JPG 3. DSCN0644.JPG 4. DSCN0645.JPG 5. DSCN0646.JPG 6. DSCN0647.JPG 7. DSCN0648.JPG 8. DSCN0649.JPG 9. DSCN0650.JPG 10. DSCN0651.JPG 11. DSCN0653.JPG 12. DSCN0655.JPG 13. DSCN0656.JPG 14. DSCN0658.JPG 15. DSCN0661.JPG 16. DSCN0663.JPG 17. DSCN0667.JPG 18. DSCN0671.JPG 19. DSCN0678.JPG 20. DSCN0681.JPG 21. DSCN0682.JPG 22. DSCN0684.JPG 23. DSCN0689.JPG 24. DSCN0693.JPG 25. DSCN0695.JPG 5 of 37 04/18/2024 Northeast Asphalt, Inc. (Hobart Quarry) Inspection Date: 26. DSCN0699.JPG 04/18/2024 SECTION III - RECORDS REVIEW Records may not be in sequential order. Record: SWPPP Ref #: DN1-RR-001 Reviewed By: Danny Nguyen AOC: Yes Reviewed Date: 04/26/2024 The latest SWPPP (12/19/2022) was reviewed and the following observations were made: Although the SWPPP is titled for the Hobart Quarry, the SWPPP references the Pearl Quarry. The SWPPP still references Wisconsin state stormwater permit program. The Multi-Sector General Permit (MSGP) is a USEPA program for industrial facilities that fall within Tribal lands. The SWPP did not include `Site Description' meeting all requirements in Section 6.2.2 of the MSGP. The SWPPP did not include inspection and corrective action procedures meeting requirements in Section 6.2.5.2 of the MSGP. Record: Personnel Training Ref #: DN1-RR-002 Reviewed By: AOC: Yes Reviewed Date: Documentation of employee training as required under the permit was not provided. Record: Inspections Ref #: DN1-RR-003 Reviewed By: AOC: Yes Reviewed Date: Documentation of inspections (routine or quarterly assessments) as required under the permit were not provided. Mr. Leitner stated that routine inspections and quarterly visual assessments were not being conducted since no stormwater is leaving the active operations in the quarry. SECTION IV - SAMPLING ACTIVITIES AND ANALYTICAL RESULTS No sampling was conducted. SECTION V - AREA OF CONCERN Areas of Concern may not be in sequential order. The presentation of Areas of Concern does not constitute a formal compliance determination or violation. 6 of 37 Northeast Asphalt, Inc. (Hobart Quarry) Inspection Date: AOC Reference #: DN1-OC-001 Location: Opening Conference Regulation and/or Permit Requirement 04/18/2024 Section 3.2.1 of the EPA Multi-Sector General Permit (MSGP) requires "The permittee once each quarter for the entire permit coverage, must collect a stormwater sample from each discharge point (except as noted in Part 3.2.4) and conduct a visual assessment of each of these samples" and Section 3.2.2.1 through 3.2.2.5 "must conduct the quarterly visual assessment procedures outlined in Sections 3.2.2.1 through 3.2.2.5 of the samples." Additionally, Section 3.2.3 of the EPA MSGP requires "The permittee must document the results of the visual assessments with information outlined in Sections 3.2.3.1 through 3.2.3.8 in the MSGP and maintain onsite with the SWPPP." AOC: Quarterly visual assessments are not being conducted and documented as required in the MSGP. AOC Reference #: DN1-OB-001 Location: Outdoor area Regulation and/or Permit Requirement Section 1.3.5 of the EPA MSGP requires "The permittee must post a sign or notice of your permit coverage at a safe, publicly accessible location in close proximity to the facility" AOC: The sign posted at site entrance is from the previous owner and had old coverage and contact information. Regulation and/or Permit Requirement AOC Reference #: DN1-RR-001 Record: SWPPP Regulation and/or Permit Requirement Section 6.2.2 of the EPA MSGP requires "The permittee must include in the SWPPP a site description as required in Sections 6.2.2.1 through 6.2.2.3." AOC: The most current SWPPP reviewed did not include site description meeting requirements in Section 6.2.2. 7 of 37 Northeast Asphalt, Inc. (Hobart Quarry) Inspection Date: AOC Reference #: DN1-RR-001 Record: SWPPP Regulation and/or Permit Requirement 04/18/2024 Section 6.2.5.2 of the EPA MSGP requires "The permittee must document in the SWPPP your procedures for performing, as appropriate, the types of inspections specified by the permit" and Section 6.2.5.3 requires "The permittee must document in the SWPPP procedures for conducting the six types of analytical stormwater discharge monitoring specified by the permit." AOC: The SWPPP did not include inspection and corrective action procedures meeting requirements in Section 6.2.5.2. AOC Reference #: DN1-RR-002 Records: Training Regulation and/or Permit Requirement Section 2.1.2.8 (a) & (b) of the EPA MSGP requires "The permittee must train all employees who work in areas where industrial materials or activities are exposed to stormwater, or who are responsible for implementing activities necessary to comply with this permit (e.g., inspectors, maintenance personnel), including all members of your stormwater pollution prevention team" and Section 6.2.5.1(e) "The elements of your employee training plan shall include all, but not necessarily limited to, the requirements set forth in Part 2.1.2.8, and also the content of the training, the frequency/schedule of training for employees who work in areas where industrial materials or activities are exposed to stormwater, or who are responsible for implementing activities necessary to meet the conditions of this permit and a log of the dates on which specific employees received training." Additionally, Part 8, Section 8.J.5.1 of the MSGP for sector specific requirements requires "The permittee must conduct employee training at least annually at active and temporarily inactive sites. (See also Part 2.1.2.8)." AOC: Documentation of employee training as required under the permit was not provided. AOC Reference #: DN1-RR-003 Records: Inspections Regulation and/or Permit Requirement Section 3.1 and 3.1.6 of the EPA Multi-Sector General Permit (MSGP) requires "The permittee must perform routine facility inspections of areas as covered by requirements in the permit" and to "document the findings of the inspections and maintain the reports in the SWPPP." AOC: No documentation on routine inspections was provided. 8 of 37 Northeast Asphalt, Inc. (Hobart Quarry) Inspection Date: 04/18/2024 SECTION VI - CLOSING CONFERENCE AND FOLLOW UP Closing Conference The EPA REGION 5 Inspector held a closing conference with Mr. Leitner at 2:35 PM (CT) on 04/18/2024 for the inspection. During the closing conference, Mr. Nguyen discussed the observations and Area(s) of Concern identified during the inspection. Observations and Area(s) of Concern have not yet been evaluated for a formal compliance determination. Mr. Leitner did not make a CBI claim. EPA communicated to Mr. Leitner that the inspection report will be emailed to him within 70 days of the day of the inspection. SECTION VII - LIST OF APPENDICES 1. Facility Action Map (from NEA - Hobart's SWPPP) 2. Photo Log 3. Document Log 9 of 37 Northeast Asphalt, Inc. (Hobart Quarry) Inspection Date: APPENDIX 1: Facility Action Map (from NEA's SWPPP) 04/18/2024 10 of 37 Northeast Asphalt, Inc. (Hobart Quarry) Inspection Date: APPENDIX 2: PHOTO LOG 04/18/2024 Road Into Quarry 04/18/2024 01:24 PM No CBI No PII Outdoor area facing south Overview of Hobart Quarry from entrance DSCN0642.JPG Photographer: Danny Nguyen 44.43935, - 88.232077 11 of 37 Northeast Asphalt, Inc. (Hobart Quarry) Inspection Date: 04/18/2024 Southeast side of Quarry 04/18/2024 1:24 PM No CBI No PII Outdoor area facing southeast Overview of southeast side of quarry DSCN0643.JPG Photographer: Danny Nguyen 44.442248, - 88.175825 12 of 37 Northeast Asphalt, Inc. (Hobart Quarry) Inspection Date: 04/18/2024 Stormwater Sump Hole (Main) 04/1841.178/2024 1:20 PM No CBI Outdoor area facing east Stormwater main sump hole southwest corner No PII DSCN0644.JPG Photographer: Danny Nguyen 44.43785, - 88.178105 13 of 37 Northeast Asphalt, Inc. (Hobart Quarry) Inspection Date: 04/18/2024 Stormwater Sump Hole Pump Power Station DSCN0645.JPG 04/18/2024 01:30 PM No CBI No PII Photographer: Danny Nguyen Outdoor area facing south 44.437908, - 88.178043 Pump power for dewatering operations from main sump hole 14 of 37 Northeast Asphalt, Inc. (Hobart Quarry) Inspection Date: 04/18/2024 Dewatering Hose DSCN0646.JPG 04/18/2024 1:30 PM No CBI No PII Photographer: Danny Nguyen Outdoor area facing southwest 44.437923, - 88.178052 Dewatering hose from main sump hole to top of quarry 15 of 37 Northeast Asphalt, Inc. (Hobart Quarry) Inspection Date: 04/18/2024 Main Sump Hole 04/18/2024 1:30 PM No CBI Outdoor area facing west Main sump hole southwest corner No PII DSCN0647.JPG Photographer: Danny Nguyen 44.437748, - 88.178127 16 of 37 Northeast Asphalt, Inc. (Hobart Quarry) Inspection Date: 04/18/2024 Westside of Quarry 04/18/2024 1:32 PM Outdoor Area facing northwest Overview of westside of quarry No CBI No PII DSCN0648.JPG Photographer: Danny Nguyen 44.437592, - 88.176885 17 of 37 Northeast Asphalt, Inc. (Hobart Quarry) Inspection Date: 04/18/2024 Southeast Side of Quarry DSCN0649.JPG 04/18/2024 1:32 PM No CBI No PII Photographer: Danny Nguyen Outdoor Area facing northeast 44.437708, -88.176995 Overview of southeast side of quarry with secondary sump hole 18 of 37 Northeast Asphalt, Inc. (Hobart Quarry) Inspection Date: 04/18/2024 Portable Fuel Tank 04/18/2024 1:35 PM No CBI No PII Outdoor Area facing east Portable fuel tank for pump generator power DSCN0650.JPG Photographer: Danny Nguyen 44.438163, -88.175453 19 of 37 Northeast Asphalt, Inc. (Hobart Quarry) Inspection Date: 04/18/2024 Secondary Stormwater Sump Hole DSCN0651.JPG 04/18/2024 1:35 PM No CBI No PII Photographer: Danny Nguyen Outdoor Area facing northeast 44.438178, -88.175235 Overview of secondary sump hole stormwater collection (southeast corner of quarry) 20 of 37 Northeast Asphalt, Inc. (Hobart Quarry) Inspection Date: 04/18/2024 Pump Generator DSCN0653.JPG 04/16/2024 1:36 PM No CBI No PII Photographer: Danny Nguyen Outdoor Area facing south 44.438182, -88.175323 Secondary sump hole pump generator for transfer of stormwater to main sump hole (southwest corner) 21 of 37 Northeast Asphalt, Inc. (Hobart Quarry) Inspection Date: 04/18/2024 Transfer Hose DSCN0655.JPG 04/18/2024 1:37 PM No CBI No PII Photographer: Danny Nguyen Outdoor Area facing south 44.438087, -88.17553 Stormwater transfer hose from secondary sump hole to main sump hole 22 of 37 Northeast Asphalt, Inc. (Hobart Quarry) Inspection Date: 04/18/2024 Discharge to Main Sump Hole DSCN0656.JPG 04/18/2024 1:39 PM No CBI No PII Photographer: Danny Nguyen Outdoor Area facing south 44.437995, -88.176427 Stormwater transfer from secondary sump hole to main sump hole 23 of 37 Northeast Asphalt, Inc. (Hobart Quarry) Inspection Date: 04/18/2024 East Side of Quarry 04/18/2024 1:42 PM No CBI Outdoor Area facing southeast Overview of southeast side in quarry No PII DSCN0658.JPG Photographer: Danny Nguyen 44.4378, -88.176547 24 of 37 Northeast Asphalt, Inc. (Hobart Quarry) Inspection Date: 04/18/2024 Wetlands Area West Side DSCN0661.JPG 04/18/2024 1:45 PM No CBI No PII Photographer: Danny Nguyen Outdoor Area facing northwest 44.44036, -88.178115 Stormwater ditch flowing from south to north to wetlands area on the west side of NEA property outside of the quarry 25 of 37 Northeast Asphalt, Inc. (Hobart Quarry) Inspection Date: 04/18/2024 Stormwater Waterfall from Discharge DSCN0663.JPG 04/18/2024 1:47 PM No CBI No PII Photographer: Danny Nguyen Outdoor Area facing southwest 44.440355, -88.178111 Discharge of stormwater from hose from main sump hole to south to north stormwater ditch that flows to wetlands on the west side of the property 26 of 37 Northeast Asphalt, Inc. (Hobart Quarry) Inspection Date: 04/18/2024 Discharge Hose Top of Quarry DSCN0667.JPG 04/18/2024 1:49 PM No CBI No PII Photographer: Danny Nguyen Outdoor Area facing east 44.437812, -88.178775 Overview of top of quarry on the southwest side overlooking main sump hole with discharge hose 27 of 37 Northeast Asphalt, Inc. (Hobart Quarry) Inspection Date: 04/18/2024 Duchman Creek DSCN0671.JPG 04/18/2024 1:50 PM No CBI No PII Photographer: Danny Nguyen Outdoor Area facing west 44.437813, -88.179338 Duchman Creek on west side of property flowing north to south 28 of 37 Northeast Asphalt, Inc. (Hobart Quarry) Inspection Date: 04/18/2024 Stormwater Ditch from Wetland Area DSCN0678.JPG 04/18/2024 1:55 PM No CBI No PII Photographer: Danny Nguyen Outdoor Area facing southeast 44.43912, -88.1815 Stormwater ditch from wetlands area on west side of property flowing from wetlands east to west towards merge with Duchman Creek 29 of 37 Northeast Asphalt, Inc. (Hobart Quarry) Inspection Date: 04/18/2024 Stormwater Merge with Duchman Creek DSCN0681.JPG 04/18/2024 1:56 PM No CBI No PII Photographer: Danny Nguyen Outdoor Area facing northwest 44.439028, -88.181663 Stormwater flowing from wetlands ditch (bottom right to top left) and merging with Duchman Creek flowing north to south (Top right to bottom left) 30 of 37 Northeast Asphalt, Inc. (Hobart Quarry) Inspection Date: 04/18/2024 Discharge from Main Sump Hole to Ditch DSCN0682.JPG 04/18/2024 2:03 PM No CBI No PII Photographer: Danny Nguyen Outdoor Area facing north 44.438083, -88.178928 Stormwater discharging from main sump hole in quarry via hose to waterfall ditch flowing south to north to wetlands area on west side of property 31 of 37 Northeast Asphalt, Inc. (Hobart Quarry) Inspection Date: 04/18/2024 Duchman Creek (South) DSCN0684.JPG 04/18/2024 2:06 PM No CBI No PII Photographer: Danny Nguyen Outdoor Area facing southeast 44.437282, -88.178783 Duchman Creek on south side of property above quarry flowing west to east 32 of 37 Northeast Asphalt, Inc. (Hobart Quarry) Inspection Date: 04/18/2024 Duchman Creek (South) 04/18/2024 2:11 PM No CBI No PII Outdoor Area facing northeast Overview of east side of quarry/property from top DSCN0689.JPG Photographer: Danny Nguyen 44.437195, -88.17663 33 of 37 Northeast Asphalt, Inc. (Hobart Quarry) Inspection Date: 04/18/2024 East Side of Quarry DSCN0693.JPG 04/18/2024 2:24 PM No CBI No PII Photographer: Danny Nguyen Outdoor Area facing south 44.442878, -88.173493 East side of quarry for new excavation/blasting area. Area is surrounded by high berms. 34 of 37 Northeast Asphalt, Inc. (Hobart Quarry) Inspection Date: 04/18/2024 Alternate Entrance Road East Side 04/18/2024 2:26 PM No CBI No PII Outdoor Area facing south Alternate entrance road to east side of property DSCN0695.JPG Photographer: Danny Nguyen 44.442852, -88.172183 35 of 37 Northeast Asphalt, Inc. (Hobart Quarry) Inspection Date: 04/18/2024 Permit Coverage Sign (Previous Owner) DSCN0699.JPG 04/18/2024 2:40 PM No CBI No PII Photographer: Danny Nguyen Outdoor Area facing north 44.443637, -88.176037 Old stormwater permit coverage sign from previous owner posted at entrance of the quarry 36 of 37 Northeast Asphalt, Inc. (Hobart Quarry) Inspection Date: APPENDIX 2: DOCUMENT LOG Document Type Document Name Email Attachment Hobart Quarry SWPPP.pdf 04/18/2024 Contains Contains Sent/Uploaded By Date Received CBI PII No No Zach Leitner 04/17/2024 37 of 37