Document XRROR0q3kqMQpRnq2QLEgKrrB
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION III
1650 Arch Street Philadelphia, Pennsylvania 19103-2029
Report Title: Inspection Date(s): Regulatory Program(s): Type of Activity: Site Name: Permittee(s): Site Operator: Site Address: Latitude: Longitude: County/Parish: General Permit No: Site Specific Permit No. NAICS Code: SIC: Unique Project #:
Clean Water Act Compliance Inspection Report 05/24/2021 National Pollutant Discharge Elimination System (NPDES) Construction Stormwater T200411209 SR 24 Mulberry Knoll to SR 1 Delaware Department of Transportation (DelDOT) DelDOT John J Williams Highway, Rehoboth Beach, DE 19971 38.724000 -75.143000 Sussex DE0051268 DEC006064 237310 1611 3E21WN116A
Site Representative(s):
Nathan Zimmerman - DelDOT Email: Nathan.Zimmerman@delaware.gov Stephen Vezmar - Century Engineering Email: svezmar@centuryeng.com
EPA Inspectors:
Shane McAleer - EPA Region III Phone: (215) 814-5616 Email: McAleer.Shane@epa.gov Mike Greenwald - EPA Region III Phone: (215) 814-2398 Email: Greenwald.Michael@epa.gov
State/Local Inspectors:
Bonnie Arvay - DNREC Email: Bonnie.Arvay@delaware.gov
Point of
Contact
Report Preparer Signature/Date
Supervisor Signature/Date
MICHAEL
Digitally signed by MICHAEL GREENWALD
GREENWALD 11:00:53 -04'00' Date: 2021.07.14
Mike Greenwald, Enforcement Officer
NPDES Enforcement Section (3ED32)
Pruzinsky, Amanda
Digitally signed by Pruzinsky, Amanda Date: 2021.07.14 11:16:20 -04'00'
Amanda Pruzinsky, Acting Chief
NPDES Enforcement Section (3ED32)
Unique Project#: 3E21WN116A
Date Date
T200411209 SR 24 Mulberry Knoll to SR 1 05/24/2021
Section
Table of Contents
Page
I Introduction............................................................................ 3 A Inspection Opening Conference...................................................................... 3 B Weather and Precipitation Conditions............................................................. 3 C Summary of the Site........................................................................................ 4
II Site Activity..................................................................................................... 4 III Observations.................................................................................................... 4 IV Records Review............................................................................................... 8 V Closing Conference......................................................................................... 8
List of Attachments
Attachment 1: Attachment 2: Attachment 3: Attachment 4:
Permit Photographs DelDOT Construction Sediment and Stormwater Management Plan Exhibits (listed below) Exhibit 1 - NOI Exhibit 2 - Interim Response documents provided by DelDOT Exhibit 3 - Last three sets of CCR Reports provided by DelDOT Exhibit 4 - Wetlands Permit
Unique Project #: 3E21WN116A
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T200411209 SR 24 Mulberry Knoll to SR 1 05/24/2021
I. Introduction
On May 24, 2021, an inspection team composed of staff from the U.S. Environmental Protection Agency ("EPA") Region III (hereinafter, "EPA Inspection Team") conducted a construction stormwater inspection of the T200411209 SR 24 Mulberry Knoll to SR 1 site (hereinafter, "the site"). The purpose of the inspection was to observe compliance with the Clean Water Act (CWA) and to verify compliance with the site's National Pollutant Discharge Elimination System (NPDES) Permit No. DE0051268 Site Specific No. DEC006064 (hereinafter, the "Permit") and applicable State and Federal regulations.
A. Inspection Opening Conference
The EPA Inspection Team arrived at the site at est. 1:30 PM for the inspection. Inspectors met with the following site representatives:
Name Shane McAleer Mike Greenwald Nathan Zimmerman Stephen Vezmar
Bonnie Arvay
Table 1: Inspection Attendee List
Affiliation
Telephone
Email
EPA Region III Inspectors and Contractors
EPA Region III (215) 814-5616
McAleer.Shane@epa.gov
EPA Region III (215) 814-2398
Greenwald.Michael@epa.gov
Site Representatives
DelDOT
-
Nathan.Zimmerman@delaware.gov
Century
-
svezmar@centuryeng.com
Engineering
State or County Representatives
DNREC
(302) 739-9921
Bonnie.Arvay@delaware.gov
Mike Greenwald and Shane McAleer displayed their credentials to the site representatives at the outset of the inspection, and explained the purpose of the inspection was to observe compliance with its Permit. A copy of the Permit is provided in Attachment 1.
B. Weather and Precipitation Conditions
During the inspection, weather was overcast. The closest National Oceanic and Atmospheric Administration (NOAA) National Weather Service precipitation data for the date of the inspection and 5 days prior are provided in the Table 2 below.
Table 2. Precipitation Data
Station Name
Date
LEWES 4.6 SSW, DE US US1DESS0060 LEWES 4.6 SSW, DE US US1DESS0060 LEWES 4.6 SSW, DE US US1DESS0060 LEWES 4.6 SSW, DE US US1DESS0060 LEWES 4.6 SSW, DE US US1DESS0060 LEWES 4.6 SSW, DE US US1DESS0060
5/19/21 5/20/21 5/21/21 5/22/21 5/23/21 5/24/21
Precipitation Amount (inches)1 0.0 0.0 0.0 0.0 0.0 0.0
1 Source: NOAA National Climatic Data Center (http://www.ncdc.noaa.gov/). Unique Project #: 3E21WN116A
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T200411209 SR 24 Mulberry Knoll to SR 1 05/24/2021
C. Summary of the Site
The T200411209 SR 24 Mulberry Knoll to SR 1 site is a project to expand SR 24 to a four lane road. The Notice of Intent (NOI) indicates that the site has a total acreage of 12 acres, with an estimated disturbed acreage of 12 acres. A copy of the NOI is included in Attachment 4, Exhibit 1. The site is active along the shoulder of SR24 from Mulberry Knoll Road to Lexus Way.
II. Site Activity
Site representatives indicated that the site is currently in Phase 1A, which is primarily the south side of SR 24. Phase 2 constitutes work on the north side of SR 24.
The site has a staging area at the intersection of Mulberry Road and SR 24 (John J Williams Highway), which had a construction trailer, dumpster, equipment, and material storage piles.
Controls present along the roadway included silt fencing, inlet bags, Infiltration Trench Best Management Practices (BMPs), and street sweeping.
III. Observations
The inspection observations below are made pursuant to the requirements of the Permit. Photographs were taken during the inspection by Shane McAleer and are provided in Attachment 2.
Recordkeeping
Permit Requirement:
Section E.3 (Recordkeeping) of the Permit states, "The operator(s) shall retain records of all information required by this CGP for a minimum of three (3) years following acceptance of the NOT . During construction, the operator(s) must maintain at the site weekly reports of all inspections conducted in accordance with Part 1.E.2 of this CGP, which include..."
Observation 1.
The EPA Inspection Team was told by site representatives that records were kept offsite at a nearby field office. The EPA Inspection Team noted that site representatives were able to produce all requested records during the inspection.
Signage
Permit Requirement:
Section C.10 (Requirement to Post a Notice of Permit Coverage) of the Permit states, "A sign or other notice of permit coverage must be posted 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."
Observation 2. The EPA Inspection Team noted that the signage of the site appeared to be difficult to read from the roadway. See photographs DSCN0172 and
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T200411209 SR 24 Mulberry Knoll to SR 1 05/24/2021
DSCN0173. DelDOT, in their 6/4/21 interim response (Attachment 4, Exhibit 2), provided photographs of the signage which had been relocated to a more visible location.
Sediment and Stormwater Management Plan
Permit Requirement:
Section E.1 of the Permit states, "The owner shall develop, fully implement, and maintain at the site, the approved Plan. The Plan shall cover all site activities from the date of initiation of construction activity to the date of project completion. Pollution prevention measures, in accordance with the Delaware ESC Handbook standard and specifications for Construction Site Waste Management and Spill Control, shall be incorporated into the Plan for construction activity..."
Section E.1 of the Permit states, "The operator(s) shall keep the Plan current and revise the Plan whenever: a) There is a change in the design, construction, operation or maintenance of erosion and sediment control or stormwater management measures on the site; or b) The Plan proves to be ineffective in eliminating or significantly minimizing the discharge of pollutants, or in otherwise achieving the general objectives of controlling pollutants in stormwater discharges from construction activity; or c) To address any sources or potential sources of pollution identified as a result of a site inspection pursuant to Part 1.E.2 of this CGP..."
In response to EPA's Records Request, DelDOT provided a copy of their Sediment and Stormwater Management Plan (hereafter "DelDOT's Plan"), which has been attached as Attachment 3. Relevant sheets and revisions have been included.
Sheet CS-02, Section AEC, No. 51 shows the beginning of the plans on SR-21 at Station 429+00.
Observation 3.
DelDOT's Plan did not appear to have the staging area marked on their Plans. This area included a construction entrance (photograph DSCN0096), a stockpile (photograph DSCN0120), materials (photograph DSCN0126), vehicles (photograph DSCN0117), and silt fencing (photographs DSCN0106, DSCN0113, DSCN0116, DSCN0117, and DSCN0126).
Monitoring
Permit Requirement:
Section E.2 (Monitoring) of the Permit states, "For the purposes of this Part, the operator(s) must conduct maintenance inspections of erosion and sediment controls and constructed stormwater management measures at least weekly."
Unique Project #: 3E21WN116A
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Observation 4.
T200411209 SR 24 Mulberry Knoll to SR 1 05/24/2021
The EPA Inspection Team reviewed weekly self-inspection reports from 2/4/21 to 5/20/21. The staging area (see Observation 3) did not appear to be inspected as part of DelDOT's required weekly inspections.
Silt Fence Installation and Maintenance
Permit Requirement:
Section E.1 of the Permit states, "The owner shall develop, fully implement, and maintain at the site, the approved Plan. The Plan shall cover all site activities from the date of initiation of construction activity to the date of project completion. Pollution prevention measures, in accordance with the Delaware ESC Handbook standard and specifications for Construction Site Waste Management and Spill Control, shall be incorporated into the Plan for construction activity...
Section D.1 (Erosion and Sediment Control Requirements) of the Permit states, "Design, install and maintain effective erosion controls and sediment controls to minimize the discharge of pollutants..."
Section D.1.2 of the Permit states, "Install sediment controls along any perimeter areas of the site that will receive pollutant discharges."
Observation 5.
The EPA Inspection Team observed that numerous areas of the site appeared to have silt fence in need of maintenance. Various sections of silt fence located at the staging area appeared to be falling down or in need of maintenance. See photographs DSCN0106, DSCN0113, DSCN0116, DSCN0117, and DSCN0126.
The EPA Inspection Team observed silt fence between Warrington Road and Lexus Way that appeared to be falling down or in need of maintenance. See photographs DSCN0207, DSCN0217, and DSCN0223. DelDOT, in their 6/4/21 interim response, provided photographs of the silt fence in this area being reinstalled.
Stock Pile Control Installation and Maintenance
Permit Requirement:
Section E.1 of the Permit states, "The owner shall develop, fully implement, and maintain at the site, the approved Plan. The Plan shall cover all site activities from the date of initiation of construction activity to the date of project completion. Pollution prevention measures, in accordance with the Delaware ESC Handbook standard and specifications for Construction Site Waste Management and Spill Control, shall be incorporated into the Plan for construction activity...
Section D.1 (Erosion and Sediment Control Requirements) of the Permit states, "Design, install and maintain effective erosion controls and sediment controls to minimize the discharge of pollutants..."
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T200411209 SR 24 Mulberry Knoll to SR 1 05/24/2021
Section D.1.5 of the Permit states, "Manage stockpiles or land clearing debris piles composed, in whole or in part, of sediment and/or soil." Section D.1.5.b states, "Install a sediment barrier (e.g., berms, dikes, fiber rolls, compost logs, silt fences, or sandbags) along all down gradient perimeter areas."
Observation 6.
The EPA Inspection Team observed a stockpile in the staging area. This stockpile was not on DelDOT's Plan, and did not appear to have controls enclosing it. See photograph DSCN0120.
Construction Entrance Installation and Maintenance
Permit Requirement:
Section E.1 of the Permit states, "The owner shall develop, fully implement, and maintain at the site, the approved Plan. The Plan shall cover all site activities from the date of initiation of construction activity to the date of project completion. Pollution prevention measures, in accordance with the Delaware ESC Handbook standard and specifications for Construction Site Waste Management and Spill Control, shall be incorporated into the Plan for construction activity...
Section D.1.4 (Minimize sediment track-out) of the Permit states, "a. Restrict vehicle use to properly designated exit points; b.Use appropriate stabilization techniques at all points that exit onto paved roads, sidewalks, or other paved areas that is consistent with the standard and specifications for stabilized construction entrances in the most recent version of the Delaware ESC Handbook; c.Implement additional track-out controls (e.g., use of wheel washing, rumble strips, and rattle plates) as necessary to ensure that sediment removal occurs prior to vehicle exit..."
Observation 7.
The EPA Inspection Team observed a construction entrance in the staging area. This construction entrance was not on DelDOT's Plan. The construction entrance appeared to be sediment laden. See photographs DSCN0096 and DSCN0098.
Spill Prevention
Permit Requirement:
Section D.4.5 (For spill prevention) of the Permit states, "k. Leaks and drips; k.ii. Do not allow oil, grease, fuel or chemicals to drip on the ground...; k.iv. Repair leaky equipment promptly or remove problem vehicles and equipment form the site. Clean up contaminated soil immediately...; k.vi. Clean up all leaks. Promptly dispose of waste and spent clean up materials."
Observation 8.
The EPA Inspection Team observed oil staining on the ground in proximity to vehicles working in proximity to the Infiltration Trench between Mulberry Road and Warrington Road. See photographs DSCN0159, DSCN0160, and DSCN0161. DelDOT, in their 6/4/21 interim
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response, provided photographs of the oil stains being cleaned with absorbent materials.
IV. Records Review
During the opening conference, the EPA Inspection Team reviewed documentation, including the NOI and the Construction Sediment and Stormwater Management Plan.
EPA requested copies of the latest Construction Sediment and Stormwater Management Plan (referred to as the "SWPPP" in the Records Request Form), wetlands permit, and site selfinspection reports from February 1, 2021 to May 26, 2021.
On June 4, 2021, the documents were provided by DelDOT.
Records pertaining to the inspection report are attached, with additional records being kept on file.
V. Closing Conference
After the site walk, the EPA Inspection Team met with the site representatives for a closing conference. The EPA Inspection Team shared preliminary observations with the site representatives. The EPA Inspection Team reiterated to the site representatives that all preliminary observations discussed were not compliance determinations. Any and all preliminary observations shared were subject to further investigation by EPA upon the additional review of records and documentation. Additional observations may be contained in this inspection report that were not identified at the time of the closing conference after EPA reviewed additional materials following the inspection.
The inspection concluded at approximately 4:30 PM.
Unique Project #: 3E21WN116A
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