Document ZJXwdxMjLnGanxzdXwzjqzr4V
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 3
Four Penn Center 1600 JFK Blvd.
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: Permit Number: NAICS Code: Unique Project #:
Clean Water Act Compliance Inspection Report
08/14/2024
National Pollutant Discharge Elimination System (NPDES)
Construction Stormwater
Boardwalk Development, LLC - Windswept at Lewes
Boardwalk Development, LLC
Boardwalk Development, LLC
Southeast corner of Angola Road & Angola Beach Rd
Lewes, DE 19958
38.667041, -75.161315
Sussex County
DEC005991
236115
SIC: 1521
ECAD-5540
Signature/Date Report Preparer
Signature/Date Supervisor
CHARLES
Digitally signed by CHARLES SCHADEL
Date: 2024.11.05
_S_C__H__A_D__E_L_____16_:2_3:_17_-_05_'0_0'_______________
Chuck Schadel, Inspector
NPDES Enforcement Section 1 (3ED32)
MARK
Digitally signed by MARK ZOLANDZ
Date: 2024.11.06
_Z_O__L_A__N_D__Z_____12_:0_5:_19_-_05_'0_0'_______________
Mark Zolandz, Section Chief
NPDES Enforcement Section 1 (3ED32)
Boardwalk Development LLC - Windswept at Lewes
Table of Contents I. Introduction .....................................................................................................................................3
A. Inspection Opening Conference ................................................................................................3 B. Weather and Precipitation Conditions ......................................................................................4 C. Summary of the Site ..................................................................................................................4 II. Observations ....................................................................................................................................4 III. Records Review ................................................................................................................................7 IV. Closing Conference ..........................................................................................................................7
Attachment A
Attachment B Attachment C Attachment D Attachment E Attachment F Attachment G Attachment H
List of Attachments NPDES Permit - (General Permit Authorization for Discharges from Construction Activities Under the National Pollutant Discharge Elimination System and the Laws of the State of Delaware) NOI and NPDES Permit Authorization Approved Sediment and Stormwater Management Plans Inspection Sign-In Sheet Precipitation Data Photo Log Inspection Reports by Permittee (3/4/2024-8/5/2024) Report of Geotechnical Exploration (dated 5/17/2019)
Unique Project #: ECAD- 5540
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Boardwalk Development LLC - Windswept at Lewes
I. Introduction
EPA Region 3 received complaints from a citizen living in the vicinity of the site regarding the stormwater discharges from the site in June and July of 2024.
On August 14, 2024, an inspection team composed of staff from the U.S. Environmental Protection Agency ("EPA") Region 3 ("EPA Inspection Team") conducted a construction stormwater inspection of the Boardwalk Development LLC - Windswept at Lewes construction site (hereinafter, "the Site"). The EPA Inspection Team was accompanied by staff from the Delaware Department of Natural Resources and Environmental Control ("DNREC") and Sussex County Conservation District ("SCCD"). The purpose of the inspection was to assess 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 Permit ID No. DEC005991 (hereinafter, the "Permit") and applicable State and Federal regulations. A copy of the NPDES permit is provided in Attachment A. The Site was authorized to discharge under the Permit effective 5/24/2019.
A. Inspection Opening Conference
At approximately 1:00 PM, the EPA Inspection Team entered the Site, displayed their credentials to Site representatives and explained the purpose of the inspection was to review compliance with the Permit. The EPA Inspection Team informed the Site representatives that any information that the Facility deemed to be confidential business information ("CBI") should be identified to EPA representatives during the inspection and it would be handled as CBI according to EPA's CBI procedures.
The following individuals participated in the inspection:
Name
Chuck Schadel Johannah Jacobson
Joseph Reed
Brent Reed
Ted Ruberti Craig Walls
John Barwick Craig Mills Bonnie Arvay
Table 1: Inspection Attendee List
Affiliation
Telephone
Email
EPA Region 3 Inspectors
EPA Region 3
(215) 814-5761
schadel.chuck@epa.gov
EPA Region 3
(215) 814-2318
jacobson.johannah@epa.gov
Site Representatives
Superintendent, (302) 430-4060
joe@reedventures.net
Boardwalk
Development
Boardwalk
Development
Ryan Homes
(240) 793-1892
truberti@nvrinc.com
Utilisite Inc.
(302) 841-5564
wallscj123@gmail.com
State or County Representatives
SCCD
(302) 856-7219 john.barwick@sussexconservation.org
SCCD
(302) 381-6135 craig.mills@sussexconservation.org
DNREC
(302) 608-5461
bonnie.arvay@delaware.gov
Unique Project #: ECAD- 5540
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Boardwalk Development LLC - Windswept at Lewes
After a brief discussion with Site representatives regarding Site activities, the EPA Inspection Team began the inspection of the Site. The Inspection Team's observations are listed later in this document and are grouped by type of observation.
B. Weather and Precipitation Conditions
During the inspection, the weather was sunny and dry. National Oceanic and Atmospheric Administration (NOAA) National Weather Service precipitation data (Attachment E.1) for the date of the inspection and 5 days prior are provided in Table 1 below:
Table 1. Precipitation Data
Station Name
Date
LEWES 3.6 SW, DE US US1DESS0066
08/09/24
LEWES 3.6 SW, DE US US1DESS0066
08/10/24
LEWES 3.6 SW, DE US US1DESS0066
08/11/24
LEWES 3.6 SW, DE US US1DESS0066
08/12/24
LEWES 3.6 SW, DE US US1DESS0066
08/13/24
LEWES 3.6 SW, DE US US1DESS0066
08/14/24
1 Source: NOAA National Climatic Data Center (http://www.ncdc.noaa.gov/).
Precipitation Amount (inches)1 0.06 0.05 0.0 0.0 0.0 0.0
C. Summary of the Site
The Site is approximately 59 acres, and when construction is complete, it will consist of 201 single-family "workforce community" homes, featuring amenities such as a club house, outdoor pool, wellness center and walking trail. Post-construction stormwater management will be the responsibility of the Homeowners' Association for the development. The Site consists of four Phases. The Site was in Phase 4 of construction at the time of the inspection (identified on Sheet ESC-5 of the Approved Plans), although some home building was taking place in Phase 2 (identified on Sheet ESC-4 of the Approved Plans) (see Attachment C).
II. Observations
Photographs for the inspection are included in Attachment F, Photo Log. Photographs were taken by Chuck Schadel. The photographs (Attachment C - Photo Log) for this report have been processed using EPA Region 3's Photo Management Process. A file name which incorporates the date and time the photo was taken (e.g., 2023-12-05--11.26.42), as well as the original camera generated file name (e.g., DSCN3883) is assigned to each photo as part of the processing. The file names generated by the camera are used to identify each photo in the main narrative and the Photo Log of this inspection report. Unused photos are digitally stored and maintained in the inspection file. Unused photos are available upon request.
Unique Project #: ECAD- 5540
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Boardwalk Development LLC - Windswept at Lewes
Permit Requirements PART 1. COVERAGE UNDER THIS PERMIT B. ELIGIBILITY CONDITIONS . . . "The construction site must operate under a[n approved Sediment and Stormwater Management] Plan that has been designed by a licensed professional and reviewed and approved by the appropriate plan approval agency of the Delaware Sediment and Stormwater Program." Attachment C provides the Approved Plans for the Site.
Silt Fence Permit Requirement: Sheets ESC-2 through ESC-9 of the Approved Plans shows the requirement for silt fence in the different Phases.
Observation 1 Photos R0010020 - 10022, 10043, 10044, 10046, 10048, 10050, 10052, 10057, 10063, and 10071 provide views of the silt fence installed at the Site during the inspection. The locations of silt fence identified in these photos appears to match the locations which require silt fence to be installed. These locations are identified on Sheet ESC-2.
Inlet Protection Permit Requirement: Sheet ESC - 15 of the Approved Plans shows the specification detail for inlet protection.
Observation 2 Photos R0010036, 10037, 10045, and 10050 provide views of the inlets at the Site during the inspection. At least 8 inlets were viewed during the inspection. All viewed inlets had controls which appeared to have good integrity.
Stockpiles Permit Requirement: Sheet ESC-13 of the Approved Plans shows the specification detail for stockpile management.
Observation 3 Photos R0010040, 10041, 10043, and 10047 provide views of the stockpiles located at the Site during the inspection. The stockpile on the eastern side of Clearwater Drive was active during the inspection. There were no signs of sediment transport originating from this stockpile. The stockpile on the western side of Clearwater Drive was not active during the inspection. Although it is estimated that only 50% to 60% of the stockpile was stabilized with vegetation, there were no signs of sediment transport originating from western stockpile.
Stabilization Permit Requirement: Sheet ESC-1 of the Approved Plans provides direction for stabilizing disturbed soil: "SEDIMENT AND STORMWATER CONSTRUCTION NOTES:
Unique Project #: ECAD- 5540
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Boardwalk Development LLC - Windswept at Lewes
. . . 4. FOLLOWING SOIL DISTURBANCE OR REDISTURBANCE, PERMANENT OR TEMPORARY STABILIZATION SHALL BE COMPLETED FOR ALL PERIMETER SEDIMENT CONTROLS, SOIL STOCKPILES, AND ALL OTHER DISTURBED OR GRADED AREAS ON THE PROJECT SITE WITHIN 14 CALENDAR DAYS UNLESS MORE RESTRICTIVE FEDERAL REQUIREMENTS APPLY."
Observation 4 Photos R0010020 - 10023, 10025, 10027, 10029, 10031, 10034 - 10036, 10038, 10040, 10041, 10068, and 10069 provide views of what appeared to be fully stabilized ground surfaces at the Site during the inspection.
Photos 10042, 10044, 10046, 10048, 10051, 10052, 10061, and 10063 provide views of what appeared to be ground surfaces not fully stabilized.
Inspections by the Permittee Permit Requirement: E.6 Site Inspection Requirements . . . "E.6.2 Frequency of Construction Reviews. Construction Reviews must be conducted at least once every seven (7) calendar days."
Observation 5 The Construction Site Stormwater Management Review Reports required by the NPDES permit and conducted at the Site from 3/11/24, through 8/5/24 (approximately six months preceding the inspection) are provide in Attachment G. The reports appear complete and signed appropriately.
Corrective Actions "E.6.4 Requirements for Construction Reviews. During the construction reviews, the following must be conducted: . . . f. Based on the results of the construction review, complete any necessary maintenance and corrective action under Part 1.E.7."
Observation 6 The Construction Site Stormwater Management Review Reports dated 3/11/24, 3/25/24, 4/09/24, 4/22/24, 5/06/24, 5/20/24, 6/6/24, 6/17/24, 7/3/24, 7/17/24, 7/30/24 identify actions to be taken at the Site following the Construction Review (Attachment G). According to the report dated 7/30/24, the following action items were identified:
o "Phase #1A exposed soils by the wet ponds west end need ground cover stabilized asap to prevent fine silts form entering the pond.
o All final graded lot buildout should be final stabilized or have perimeter controls within 5 days.
Unique Project #: ECAD- 5540
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Boardwalk Development LLC - Windswept at Lewes
o The drain inlet in the common ground area in the southwest corner of the subdivision needs heavy filtering to remove fine silts form [sic] entering the pond form [sic] stock pile water staining. The Filtrexx filters should be extend up the slope and to top of the bank above the inlet pipe. (not stated on 3/11/24 CCR report)
E.7 Corrective Actions "E.7.1 Conditions Triggering Corrective Action. Corrective action measures must be taken to address any of the following conditions identified at the site: a. A control measure needs repair or replacement; . . . E.7.2 Corrective Action Deadlines For any corrective action triggering conditions in Part 1.E.7.1, the following must occur: . . . b. When the problem does not require a new or replacement control or significant repair, the
corrective action must be completed by the close of the next business day; c. When the problem requires a new or replacement control or significant repair, install the new or
modified control and make it operational, or complete the repair, no longer than seven (7) calendar days from the time of discovery."
Observation 7 Based on the information provided in the inspection reports listed under Observation 5, it appears that Corrective Actions were not always implemented within seven (7) calendar days as required by the Permit.
III. Records Review
Documents reviewed are listed as attachments in the Table of Contents as follows: NPDES Permit - (General Permit Authorization for Discharges from Construction Activities Under the National Pollutant Discharge Elimination System and the Laws of the State of Delaware) NPDES Permit Authorization Letter Approved Sediment & Stormwater Management Plans Inspections by Permittee Geotechnical Report dated 5/17/2019
IV. Closing Conference
At the conclusion of the onsite inspection, the EPA Inspection Team conducted a closing conference with the Site representatives and shared preliminary observations. The EPA Inspection Team reiterated to the Site representatives that all preliminary observations discussed were not compliance determinations. Any and all preliminary observations shared with the Site representatives were subject to further investigation by EPA upon the additional review of records and documentation. As a result, additional observations may be contained in this report that were not discussed at the time of the closing conference after EPA reviewed additional materials following the inspection.
The inspection concluded at approximately 2:45 PM.
Unique Project #: ECAD- 5540
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