Document VoVOYvdQvB47vYrrO7mVyg3q

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. Stephanie Andreescu Inspector Name(s) Seika Robinson (in-training) Austin Jepsky (in-training) Time In 2:00 PM Time Out 4:09 PM Start Date August 26, 2022 End Date August 26, 2022 Inspector's Organization U.S. EPA Region 2 Organization Requesting Inspection (if different) Inspection Type CWA Section 404 Inspection Inspection Status Original Site Name JuSuDa Farm Site Address* 172 NY-94 City* Warwick County* Orange State* NY Zip Code* 10990 Latitude/Longitude* 41.23649, -74.38702 Is there a home on the site? Yes No Inspector Signature Supervisor Signature Digitally signed by Andreescu, Stephanie Date: 2022.10.21 14:27:35 -04'00' MARCO Digitally signed by MARCO FINOCCHIARO FINOCCHIARO Date: 2022.10.24 15:56:09 -04'00' Estimated Size of Site (acres) 12.70 Date 10/21/22 Date 10/24/22 Effective June 2019 Page 1 of 5 Clean Water Act Section 404: Site Visit/Case Develoment For inspections authorized pursuant to Clean Water Act sections 308 and 404 (33 U.S.C. 1318 and 1344) Site Name JuSuDa Farm Start Date August 26, 2022 End Date August 26, 2022 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) Credentials were presented to Mr. Michael Siegel (property owner) Opening Conference Name of person authorizing access if applicable I spoke with the property owner over the phone to arrange the inspection. Notes from Opening Conference Property owner did not participate in the opening conference. EPA, the Town of Warwick, and HDR discussed the history of the property. Access Issues if Any Describe N/A Inspection Observations and Sample Collection Site Owner* (Name, title and contact information) Ju Su Da Farm Warwick Inc / Michael Siegel Additional Persons Present at Inspection Steve Seymour, HDR; Ben Astorino, Town of Warwick; Laura Barca, HDR General Site Characteristics (layout of property, etc.) The property is a 12.70-acre parcel located off of State Route 94 S. Frontage along Route 94 is comprised of commercial buildings with associated parking lots and a residential structure with a driveway. The remaining areas of the parcel are undeveloped and at a slightly lower elevation. The property was previously the site of a nursery. A watercourse flows east through the center of the property and drains to the northeast. Another watercourse flows north along the eastern boundary of the property. A third, smaller watercourse flows north through the center of the site and meets the easterly flowing watercourse near the center of the property. Site Overview (Past inspections, site description, permits, etc.) The Town of Warwick has visited the property on numerous occasions. The Town's Building Department has issued Notices of Violations (NOVs) for "excavation and fill being done on the property in excess of 1/4 acre" and "tree cutting/excavating" in violation of Town Ordinance Chapter 150 - Tree, Topsoil Removal, Excavation. Previous wetland delineations have been conducted at the property, including one in April 2009 by Douglas Gaugler of the Effective June 2019 Page 2 of 5 Clean Water Act Section 404: Site Visit/Case Develoment For inspections authorized pursuant to Clean Water Act sections 308 and 404 (33 U.S.C. 1318 and 1344) Site Name JuSuDa Farm Start Date August 26, 2022 End Date August 26, 2022 NYSDEC and one in October 2021 by Peter Torgersen. A site visit with HDR, the Town of Warwick's environmental consultant, in 2022 found that Mr. Torgersen's delineation undermapped wetlands at the property and he has since revised his delineation. EPA's Wetland Protection Section had not visited the site prior to this inspection. Scope of Inspection (Areas inspected or not inspected) EPA inspected areas near the center of the property where trees had been cleared and/or grubbed and where grading activities had occurred. Environmental Conditions (e.g., wind, rain, smoke, dust, temperature, snow) 80's, partly cloudy, below-normal precipitation Effective June 2019 Page 3 of 5 Clean Water Act Section 404: Site Visit/Case Develoment For inspections authorized pursuant to Clean Water Act sections 308 and 404 (33 U.S.C. 1318 and 1344) Site Name JuSuDa Farm Start Date August 26, 2022 End Date August 26, 2022 Field Work Conducted Data recorded during the inspection included GPS data, photographs, handwritten notes, and two soil samples. EPA started the inspection at a parking area behind the commercial buildings along Route 94 and walked north towards the center of the property. EPA observed a watercourse/stream that flowed east through the middle of the property. Surface water was present in the channel. A smaller watercourse draining north towards this main channel had been piped near its confluence with the main channel. Much of the property had been cleared of the trees visible in past aerial imagery. The property appeared to be grubbed though EPA did observe one stump that had not been removed. EPA took a soil sample near the center of the property and found it to be an emergent wetland. A second soil sample taken east of the first soil sample location was also found to be in an emergent wetland (See attached maps of GPS locations). Gravel was found in both soil samples. EPA observed that fresh fill material consisting of dirt and rock had been placed north of the eastern parking lots to expand the area at the higher elevation. Hydrophytic (wetland) vegetation was observed adjacent to the toe of slope. Closing Conference Documents Received and/or Requested During the Inspection N/A Compliance Assistance Provided (If any) N/A Observations Relayed to Site Owner/Operator N/A Actions Taken by Owner/Operator During the Inspection (If any) N/A Potential Issues of Concern Including Regulatory Citations Allochthonous fill material had been potentially discharged into a wetland area north of the eastern parking area. Additionally, grubbing and grading activity appears to have occurred in wetland areas on the property. Attachments* Maps and Sketches Photographs (including location) and Photo Log Other Effective June 2019 Page 4 of 5 Site Name Clean Water Act Section 404: Site Visit/Case Develoment For inspections authorized pursuant to Clean Water Act sections 308 and 404 (33 U.S.C. 1318 and 1344) JuSuDa Farm Additional Notes Start Date August 26, 2022 End Date August 26, 2022 Effective June 2019 Page 5 of 5 SS1 Soil Sample SS2 Soil Sample 2021 Imagery 0 125 250 500 Feet NYS ITS GIS Program Office Ju Su Da Farm Property 172 NY-94, Warwick, Orange County, NY EPA 8/26/2022 GPS Point Site / Parcel Boundary CWA 404 Inspection Ju Su Da Farm Property 172 NY-94, Warwick Orange County, NY August 26, 2022 1 Date: Time: Photographer: Photo ID: 8/26/2022 2:31 PM SSA 1 - P8260407 Description: (1/4) Panorama of property taken from center of field Ju Su Da Farm Property, 172 NY-94, Warwick, Orange County, NY 2 Date: Time: Photographer: Photo ID: 8/26/2022 2:31 PM SSA 2 - P8260408 Description: (2/4) Panorama of property taken from center of field Ju Su Da Farm Property, 172 NY-94, Warwick, Orange County, NY 3 Date: Time: Photographer: Photo ID: 8/26/2022 2:31 PM SSA 3 - P8260409 Description: (3/4) Panorama of property taken from center of field Ju Su Da Farm Property, 172 NY-94, Warwick, Orange County, NY 4 Date: Time: Photographer: Photo ID: 8/26/2022 2:32 PM SSA 4 - P8260410 Description: (4/4) Panorama of property taken from center of field Ju Su Da Farm Property, 172 NY-94, Warwick, Orange County, NY 5 Date: Time: Photographer: Photo ID: 8/26/2022 2:32 PM SSA 5 - P8260411 Description: Stream / watercourse with surface water Ju Su Da Farm Property, 172 NY-94, Warwick, Orange County, NY 6 Date: Time: Photographer: Photo ID: 8/26/2022 2:32 PM SSA 6 - P8260412 Description: Stream / watercourse with surface water Ju Su Da Farm Property, 172 NY-94, Warwick, Orange County, NY 7 Date: Time: Photographer: Photo ID: 8/26/2022 2:33 PM SSA 7 - P8260413 Description: Area near stream / watercourse Ju Su Da Farm Property, 172 NY-94, Warwick, Orange County, NY 8 Date: Time: Photographer: Photo ID: 8/26/2022 2:33 PM SSA 8 - P8260414 Description: Area near stream / watercourse Ju Su Da Farm Property, 172 NY-94, Warwick, Orange County, NY 9 Date: Time: Photographer: Photo ID: 8/26/2022 2:34 PM SSA 9 - P8260415 Description: Ground near stream / watercourse Ju Su Da Farm Property, 172 NY-94, Warwick, Orange County, NY 10 Date: Time: Photographer: Photo ID: 8/26/2022 2:34 PM SSA 10 - P8260416 Description: Area near pipe/culvert Ju Su Da Farm Property, 172 NY-94, Warwick, Orange County, NY 11 Date: Time: Photographer: Photo ID: 8/26/2022 2:34 PM SSA 11 - P8260417 Description: Area of purple loosestrife where pipe/culvert connects to stream / watercourse. Ju Su Da Farm Property, 172 NY-94, Warwick, Orange County, NY 12 Date: Time: Photographer: Photo ID: 8/26/2022 2:34 PM SSA 12 - P8260418 Description: Area around pipe/culvert Ju Su Da Farm Property, 172 NY-94, Warwick, Orange County, NY 13 Date: Time: Photographer: Photo ID: 8/26/2022 2:34 PM SSA 13 - P8260419 Description: Area around pipe/culvert Ju Su Da Farm Property, 172 NY-94, Warwick, Orange County, NY 14 Date: Time: Photographer: Photo ID: Description: Pipe/Culvert 8/26/2022 2:36 PM SSA 14 - P8260420 Ju Su Da Farm Property, 172 NY-94, Warwick, Orange County, NY 15 Date: Time: Photographer: Photo ID: Description: Pipe/Culvert 8/26/2022 2:36 PM SSA 15 - P8260421 Ju Su Da Farm Property, 172 NY-94, Warwick, Orange County, NY 16 Date: Time: Photographer: Photo ID: Description: Test auger 8/26/2022 2:37 PM SSA 16 - P8260422 Ju Su Da Farm Property, 172 NY-94, Warwick, Orange County, NY 17 Date: Time: Photographer: Photo ID: 8/26/2022 2:38 PM SSA 17 - P8260423 Description: Tree trunk from nursery Ju Su Da Farm Property, 172 NY-94, Warwick, Orange County, NY 18 Date: Time: Photographer: Photo ID: 8/26/2022 2:40 PM SSA 18 - P8260424 Description: French drain area Ju Su Da Farm Property, 172 NY-94, Warwick, Orange County, NY 19 Date: Time: Photographer: Photo ID: 8/26/2022 2:40 PM SSA 19 - P8260425 Description: French drain area Ju Su Da Farm Property, 172 NY-94, Warwick, Orange County, NY 20 Date: Time: Photographer: Photo ID: 8/26/2022 2:41 PM SSA 20 - P8260426 Description: SS1 Soil Sample area Ju Su Da Farm Property, 172 NY-94, Warwick, Orange County, NY 21 Date: Time: Photographer: Photo ID: 8/26/2022 2:46 PM SSA 21 - P8260427 Description: SS1 Soil Sample area Ju Su Da Farm Property, 172 NY-94, Warwick, Orange County, NY 22 Date: Time: Photographer: Photo ID: 8/26/2022 2:46 PM SSA 22 - P8260428 Description: SS1 Soil Sample area Ju Su Da Farm Property, 172 NY-94, Warwick, Orange County, NY 23 Date: Time: Photographer: Photo ID: 8/26/2022 2:46 PM SSA 23 - P8260429 Description: SS1 Soil Sample area Ju Su Da Farm Property, 172 NY-94, Warwick, Orange County, NY 24 Date: Time: Photographer: Photo ID: 8/26/2022 2:46 PM SSA 24 - P8260430 Description: SS1 Soil Sample area Ju Su Da Farm Property, 172 NY-94, Warwick, Orange County, NY 25 Date: Time: Photographer: Photo ID: 8/26/2022 2:50 PM SSA 25 - P8260431 Description: SS1 Soil Sample Profile Ju Su Da Farm Property, 172 NY-94, Warwick, Orange County, NY 26 Date: Time: Photographer: Photo ID: 8/26/2022 2:50 PM SSA 26 - P8260432 Description: SS1 Soil Sample Profile Ju Su Da Farm Property, 172 NY-94, Warwick, Orange County, NY 27 Date: Time: Photographer: Photo ID: 8/26/2022 2:50 PM SSA 27 - P8260433 Description: SS1 Soil Sample Profile Ju Su Da Farm Property, 172 NY-94, Warwick, Orange County, NY 28 Date: Time: Photographer: Photo ID: 8/26/2022 2:50 PM SSA 28 - P8260434 Description: SS1 Soil Sample Profile Ju Su Da Farm Property, 172 NY-94, Warwick, Orange County, NY 29 Date: Time: Photographer: Photo ID: 8/26/2022 2:51 PM SSA 29 - P8260435 Description: SS1 Soil Sample Profile Ju Su Da Farm Property, 172 NY-94, Warwick, Orange County, NY 30 Date: Time: Photographer: Photo ID: 8/26/2022 2:51 PM SSA 30 - P8260436 Description: SS1 Soil Sample Profile Ju Su Da Farm Property, 172 NY-94, Warwick, Orange County, NY 31 Date: Time: Photographer: Photo ID: 8/26/2022 2:51 PM SSA 31 - P8260437 Description: SS1 Soil Sample Profile Ju Su Da Farm Property, 172 NY-94, Warwick, Orange County, NY 32 Date: Time: Photographer: Photo ID: Description: SS1 Soil Sample 8/26/2022 3:10 PM SSA 32 - P8260438 Ju Su Da Farm Property, 172 NY-94, Warwick, Orange County, NY 33 Date: Time: Photographer: Photo ID: 8/26/2022 3:21 PM SSA 33 - P8260439 Description: Stream/watercourse with surface water near edge of property Ju Su Da Farm Property, 172 NY-94, Warwick, Orange County, NY 34 Date: Time: Photographer: Photo ID: 8/26/2022 3:21 PM SSA 34 - P8260440 Description: Stream/watercourse with surface water near edge of property Ju Su Da Farm Property, 172 NY-94, Warwick, Orange County, NY 35 Date: Time: Photographer: Photo ID: 8/26/2022 3:21 PM SSA 35 - P8260441 Description: Stream/watercourse with surface water near edge of property Ju Su Da Farm Property, 172 NY-94, Warwick, Orange County, NY 36 Date: Time: Photographer: Photo ID: 8/26/2022 3:23 PM SSA 36 - P8260442 Description: Stream/watercourse with surface water near edge of property Ju Su Da Farm Property, 172 NY-94, Warwick, Orange County, NY 37 Date: Time: Photographer: Photo ID: 8/26/2022 3:26 PM SSA 37 - P8260443 Description: SS2 Soil Sample area Ju Su Da Farm Property, 172 NY-94, Warwick, Orange County, NY 38 Date: Time: Photographer: Photo ID: 8/26/2022 3:34 PM SSA 38 - P8260444 Description: SS2 Soil Sample profile Ju Su Da Farm Property, 172 NY-94, Warwick, Orange County, NY 39 Date: Time: Photographer: Photo ID: 8/26/2022 3:34 PM SSA 39 - P8260445 Description: SS2 Soil Sample profile Ju Su Da Farm Property, 172 NY-94, Warwick, Orange County, NY 40 Date: Time: Photographer: Photo ID: 8/26/2022 3:34 PM SSA 40 - P8260446 Description: SS2 Soil Sample profile Ju Su Da Farm Property, 172 NY-94, Warwick, Orange County, NY 41 Date: Time: Photographer: Photo ID: Description: SS2 Soil Sample 8/26/2022 3:38 PM SSA 41 - P8260447 Ju Su Da Farm Property, 172 NY-94, Warwick, Orange County, NY 42 Date: Time: Photographer: Photo ID: 8/26/2022 3:39 PM SSA 42 - P8260448 Description: SS2 Soil Sample area Ju Su Da Farm Property, 172 NY-94, Warwick, Orange County, NY 43 Date: Time: Photographer: Photo ID: 8/26/2022 3:39 PM SSA 43 - P8260449 Description: SS2 Soil Sample area Ju Su Da Farm Property, 172 NY-94, Warwick, Orange County, NY 44 Date: Time: Photographer: Photo ID: 8/26/2022 3:39 PM SSA 44 - P8260450 Description: SS2 Soil Sample area Ju Su Da Farm Property, 172 NY-94, Warwick, Orange County, NY 45 Date: Time: Photographer: Photo ID: 8/26/2022 3:39 PM SSA 45 - P8260451 Description: SS2 Soil Sample area and pit Ju Su Da Farm Property, 172 NY-94, Warwick, Orange County, NY 46 Date: Time: Photographer: Photo ID: 8/26/2022 3:39 PM SSA 46 - P8260452 Description: SS2 Soil Sample area Ju Su Da Farm Property, 172 NY-94, Warwick, Orange County, NY 47 Date: Time: Photographer: Photo ID: 8/26/2022 3:49 PM SSA 47 - P8260453 Description: SS2 Soil Sample pit Ju Su Da Farm Property, 172 NY-94, Warwick, Orange County, NY 48 Date: Time: Photographer: Photo ID: 8/26/2022 3:49 PM SSA 48 - P8260454 Description: SS2 Soil Sample pit Ju Su Da Farm Property, 172 NY-94, Warwick, Orange County, NY 49 Date: Time: Photographer: Photo ID: 8/26/2022 3:52 PM SSA 49 - P8260455 Description: (1/9) Panorama of area between fill pile and vegetation Ju Su Da Farm Property, 172 NY-94, Warwick, Orange County, NY 50 Date: Time: Photographer: Photo ID: 8/26/2022 3:52 PM SSA 50 - P8260456 Description: (2/9) Panorama of area between fill pile and vegetation Ju Su Da Farm Property, 172 NY-94, Warwick, Orange County, NY 51 Date: Time: Photographer: Photo ID: 8/26/2022 3:52 PM SSA 51 - P8260457 Description: (3/9) Panorama of area between fill pile and vegetation Ju Su Da Farm Property, 172 NY-94, Warwick, Orange County, NY 52 Date: Time: Photographer: Photo ID: 8/26/2022 3:52 PM SSA 52 - P8260458 Description: (4/9) Panorama of area between fill pile and vegetation Ju Su Da Farm Property, 172 NY-94, Warwick, Orange County, NY 53 Date: Time: Photographer: Photo ID: 8/26/2022 3:52 PM SSA 53 - P8260459 Description: (5/9) Panorama of area between fill pile and vegetation Ju Su Da Farm Property, 172 NY-94, Warwick, Orange County, NY 54 Date: Time: Photographer: Photo ID: 8/26/2022 3:52 PM SSA 54 - P8260460 Description: (6/9) Panorama of area between fill pile and vegetation Ju Su Da Farm Property, 172 NY-94, Warwick, Orange County, NY 55 Date: Time: Photographer: Photo ID: 8/26/2022 3:52 PM SSA 55 - P8260461 Description: (7/9) Panorama of area between fill pile and vegetation Ju Su Da Farm Property, 172 NY-94, Warwick, Orange County, NY 56 Date: Time: Photographer: Photo ID: 8/26/2022 3:53 PM SSA 56 - P8260462 Description: (8/9) Panorama of area between fill pile and vegetation Ju Su Da Farm Property, 172 NY-94, Warwick, Orange County, NY 57 Date: Time: Photographer: Photo ID: 8/26/2022 3:53 PM SSA 57 - P8260463 Description: (9/9) Panorama of area between fill pile and vegetation Ju Su Da Farm Property, 172 NY-94, Warwick, Orange County, NY 58