Document aBDo9EMkz4MN6bBdnrwd7o2wX

NPDES Compliance Inspection Report Vista Ridge Subdivision Ridgefield, Washington NPDES Permit Tracking Number # WAR309985 Inspection Date: 12/20/2022 Prepared by: Jon Klemesrud U.S. Environmental Protection Agency, Region 10 Enforcement & Compliance Assurance Division Water Enforcement & Field Branch Field, Data & Drinking Water Enforcement Section Inspector Signature/Date: JON KLEMESRUD Digitally signed by JON KLEMESRUD Date: 2023.01.06 14:50:46 -08'00' Supervisor Signature/Date: PETER CONTRERAS Digitally signed by PETER CONTRERAS Date: 2023.01.06 15:01:03 -08'00' CWA NPDES WA309985 Inspection Report Contents I. Project Information ............................................................................................................. 3 II. Inspection Information........................................................................................................ 4 III. Permit Information.............................................................................................................. 5 IV. Project Background............................................................................................................. 5 V. Inspection Chronology........................................................................................................ 6 VI. Site Review ..................................................................................................................... 7 VII. File Review ..................................................................................................................... 8 VIII. Areas of Concern ................................................................................................................ 9 A. Silt Fencing Below the North and South Ponds..................................................................... 9 B. Riprap Channel at North Pond Inlet .....................................................................................10 IX. Closing Conference........................................................................................................... 10 ATTACHMENT A - Signed ECY 020-87a Permit Transfer ATTACHMENT B - Grading and Erosion Control Plan ATTACHMENT C - Aerial Image (Google Earth) ATTACHMENT D - Photograph Log Page 2 of 26 CWA NPDES WA309985 Inspection Report [Unless otherwise noted, all details in this inspection report were obtained from conversations with Mr. Peter Dewitz, Mr. John Dewitz, or from observations made during the inspection.] I. Project Information Project Name: Vista Ridge Subdivision Project Location: 1108 South Hillhurst Road Ridgefield, Washington 98642 Latitude/Longitude: 45.80734179 -122.73317222 NPDES Tracking Number: WAR309985 Project Nature: New residential construction, development of 40 residential lots with an extension of the regional Gee Creek trail. Current Permittee/Operator: (Transferred 11/07/2022) ADC1, LLC P.O. Box 1613 Ridgefield, Washington 98642 (Responsibilities include operational control over project plans and specifications) Represented on-site by: Peter Dewitz pete@abrahamdewitz.com (360) 907-5746 Contractor/CESCL #1: Above & Beyond Hydroseed 2720 NE 175th Street Ridgefield, Washington 98642 (Responsibilities include transitioning to CESCL, installation and maintenance of BMPS's, site inspections) Represented on-site by: John Dewitz, CESCL Owner/President john@abhydroseed.com (360) 727-3345 Contractor/CESCL #2: Soil and Water Technologies, Inc. 1101 Broadway Street, Suite 216 Vancouver, Washington 98660 (Responsibilities include current/former CESCL, site inspections) Project Owner: 1108 S. Hillhurst Road LLC 1235 N. Dutton Ave Suite E Santa Rosa, California 95401 Page 3 of 26 CWA NPDES WA309985 Inspection Report Owner Contact: David Chiddix dchiddix@provident.com (855) 694-7600 Project Start Date: January 1, 2021 Estimated Completion Date: November 15, 2023 Total Project Size: 14.27 acres Total Disturbed Area: 11.01 acres Receiving water(s): Gee Creek II. Inspection Information Inspection Date: December 20, 2022 Inspector(s): Jon Klemesrud, Inspector EPA Region 10, ECAD / FDDWES Other individuals present: Brian Johnson Washington State Department of Ecology Water Quality, Southwest Regional Office Brjo461@ecy.wa.gov Jacob Neuharth Washington State Department of Ecology Water Quality, Southwest Regional Office Janc461@ecy.wa.gov Arrival Time: 02:30 PM Departure Time: 03:30 PM Weather: Rain, 44 degrees (F) Purpose: To evaluate compliance with the requirements of the Clean Water Act, the National Pollutant Discharge Elimination System (NPDES) and the State Waste Discharge General Permit for Stormwater Discharges Associated with Construction Activity. Page 4 of 26 CWA NPDES WA309985 Inspection Report III. Permit Information The Vista Ridge Subdivision construction project (hereinafter referred to as the "Vista Ridge") is permitted under the State of Washington Department of Ecology's Construction Stormwater General Permit (CGP). The current version of the CGP became effective on January 1, 2021 and is due to expire on December 31, 2025. The initial permit application (notice of intent) for the construction project was submitted by Mr. Lucas Ralston representing the prior operator (1108 S. Hillhurst Subdivision LLC) in November of 2020. Based upon my review of Washington Department of Ecology's Permitting and Reporting Information System (PARIS), the effective date of the projects permit coverage was March 25, 2021. The permit tracking number assigned to the project was WAR309985. On November 7, 2022, permit coverage was transfered to ADC1, LLC represented by Mr. Peter Dewitz of Abraham Dewitz Construction, LLC. See Attachment A, Signed ECY 020-87a Permit Transfer. IV. Project Background According to the project's Stormwater Pollution Prevention Plan (SWPPP), Vista Ridge is a new housing development consisting of 40 residential lots. The project also includes an extension of the regional Gee Creek trail. Stormwater runoff during construction is designed to be either infiltrated or conveyed to two temporary sediment ponds. Site surface drainage is generally northwest to the southeast, and generally slopes eastward toward Gee Creek. Proposed construction activities over the life of the project includes site preparation, grading activities, associated underground utilities, excavation for building foundations, poured concrete foundations, concrete sidewalks, and asphalt paving in parking lot areas. For a general construction footprint, see Attachment B, Grading and Erosion Control Plan, and Attachment C, Aerial Image (Google Earth). According to Ecology's PARIS, Ecology issued a Corrections Required and Field Notice of Penalty of $2,000 to the project's prior permittee (1108 South Hillhurst Subdivision, LLC) in December of 2021. The enforcement cited inadequately stabilized soils and turbid stormwater discharges of over 1,000 NTUs. In June of 2022, Ecology issued a separate Notice of Penalty of $135,000. The enforcement cited inadequate stabilized soils and turbid stormwater discharges occuring in December 2021 through February 2022 (while permitted/operated by the prior permittee, 1108 South Hillhurst Subdivision, LLC). Page 5 of 26 CWA NPDES WA309985 Inspection Report The project was last inspected by Ecology on September 1, 2022. The inspection report noted insufficient straw application on the south slope, a vegetation map being undermined on the east slope, and silt fencing in need of maintenance below the east stormwater pond. As indicated earlier in this report, Permit coverage was transferred to the current permittee/operator ADC1, LLC on November 7, 2022. V. Inspection Chronology This was an unannounced inspection. At approximately 1:30PM on the day of the inspection, I called and spoke with Mr. Peter Dewitz. Mr. Dewitz is listed on Notice of Transfer as the project's current operator/permittee. During the call I introduced myself and discussed that I had been asked to conduct an on-site compliance inspection at the Vista Ridge construction project in coordination with WA Ecology. I explained that the inspection would include a walk-through of the construction site and a review of permit related documents. Mr. Dewitz explained that the project is inactive and that no one was currently on-site. Mr. Dewitz agreed to travel to the site, and we agreed to meet for the inspection at 2:30PM. Mr. Dewitz further explained that he had contacted Ecology the day prior to set-up a future site walk-through in January 2023. The nature of the scheduled walkthrough was to be proactive and ensure compliance with the CGP. I arrived on-site at approximately 2:30PM and met with Mr. Dewitz. Also present was Mr. John Dewitz of Above & Beyond Hydroseed. According to Peter Dewitz, John Dewitz will be transitioning to take over as the Certified Erosion and Sediment Control Lead (CESCL) on the construction project and has been performing the recent BMP installation and maintenance since the permit transfer. Peter Dewitz stated that CESCL duties including site inspections are still being conducted by a separate contractor, primarily Moses Kanlund of Soil and Water Technologies, Inc. In addition, Soil and Water Technologies, Inc. developed the SWPPP for the project and have been the contracted CESCL even prior to the recent transfer of permit coverage. Following our initial introductions, I presented my EPA inspector credentials and restated the purpose and expectations of the inspection. I provided my business card and a copy of EPA's Small Business Resources Information Sheet. I also discussed that Brian Johnson and Jacob Neuharth of Washington Ecology would be joining me on the inspection and should be arriving momentarily. We were then joined by Mr. Johnson and Mr. Neuharth who also introduced themselves to the group. Mr. Johnson confirmed the recent discussion with Peter Dewitz of the planned January 2023 walk-through. We then had a brief discussion regarding the project's general timeline and recent activities since taking over as the permittee the month prior. Page 6 of 26 CWA NPDES WA309985 Inspection Report The inspection consisted of an opening conference, a walk-through of the construction site, a review of the Stormwater Pollution Prevention Plan (SWPPP) and a review of site inspection documentation. The inspection concluded with a closing conference where we discussed our inspection observations and next steps. The inspection team was accompanied throughout the inspection by both Peter Dewitz and John Dewitz. VI. Site Review According to Peter Dewitz, the site initially underwent mass clearing/grading in 2021 and then the project was put on hold by ownership. The site was then temporarily stabilized/hydroseeded and has been inactive since October 2021. Future earthwork has been postponed until the start of the of the next dry season (spring 2023). Since taking over as the permittee on the project in November of 2022, operations on-site have been limited to ensuring site stabilization and installation and maintenance of temporary best management practices (BMPs). Recent activities have also included removing/hauling away a large soil stockpile and staging construction material in preparation for the future construction activity. We began our tour of the construction site near the main entrance, along S. Hillhurst Road. Photographs taken during the site walk-through and a complete photo log is attached to this inspection report as Attachment D. The site generally appeared to be well vegetated since being hydroseeded over a year prior. Additional BMPs observed included perimeter silt fencing, stabilized construction entrance, sediment ponds, straw wattles and mulch, rock check-dams, riprap channel lining and temporary seeding. According to Peter Dewitz, stormwater is either infiltrated or contained on-site by two detention/sediment ponds which are referred to as the North Pond and the South Pond. When full, the ponds are designed to discharge to a section of their eastern bank to a sloped vegetated area, approximately 400-feet west of Gee Creek. We first observed the west/southwest perimeter near the construction entrance, the area was well vegetated, and sections of large culverts were staged in the general vicinity (Photo 1 & Photo 2). We then traveled slightly east and observed the area where the recently removed soil stockpile was previously located. The area was also well stabilized, I observed straw mulch covering areas less vegetated (Photo 3). This general area is also near the established construction entrance and used for staging new construction material, including rock stockpiles, culvert piping and concrete vaults. We continued the walk-through east, down a fairly steep slope along a gravel road that runs through the construction site and provides access to both the North and South Ponds (Photo 4). Sections of culvert and concrete vaults were staged along the south end of the Page 7 of 26 CWA NPDES WA309985 Inspection Report road (Photo 5). I observed rock check dams installed along the sides of the road to help control evidence of channelized flow. Silt fencing was also installed more inland across the slopes of the project footprint. According to John Dewitz, the rock check-damns along the road were a more recent addition to address the observed channeling. Areas less vegetated were layered with straw mulch (Photo 6 - Photo 10). We then arrived at the South Pond (Photo 11). The South Pond was not discharging at the time of inspection. According to Peter Dewitz, he believed the South Pond last discharged on approximately December 8, 2022, and turbidity was measured below the benchmark value (25 NTU) at 8.73 NTUs. The South Pond discharges/overflows via a matted channel along the northeast bank to a vegetated area toward Gee Creek. Silt fencing was installed downslope of the discharge area along the heavily vegetated tree line. In this area I observed a section of silt fencing where sediment was deposited above one-third the height of the section of silt fence (Photo 12 & Photo 13). In addition, it was observed that the South Pond's discharge location could benefit from additional maintenance/BMPs to in order to prevent channelized erosion from occuring during high discharge events (Photo 14). We continued the walk-through north from the South Pond. Silt-fencing was installed throughout the northern and eastern slopes (Photo 15 & 16). We arrived at the North Pond, riprap lined the conveyance channel down to the pond (Photo 17). Similar to the South Pond, the North Pond discharges/overflows via matted channel along the northeast bank to a vegetated area toward Gee Creek. At the time of inspection, the North Pond was discharging slightly to the vegetated area. The discharge appeared to be clear and was infiltrating within the vegetative area. According to Mr. Dewitz, the North Pond discharge was last sampled on approximately December 8, 2022, and turbidity was measured below the benchmark value (25 NTU) at 14.8 NTU. Silt fencing was installed downslope of the discharge area along the heavily vegetated tree line. In this area, I observed a section of silt fencing where sediment was deposited above one-third the height of the section of silt fence (Photo 18). I also observed a gap in the riprapped channel just prior to the entrance to the North Pond. The riprap channel ended just prior to the pond which was producing slight erosion as stormwater was entering the North Pond (Photo 19) and causing some turbidity. Above the riprap lined conveyance channel at the North Pond, straw wattles were staked along the west side of the access road in addition to rock check dams and silt-fencing (Photo 20). The walk-through concluded as we walked along the north access road back to our vehicles at the construction entrance to review the SWPPP and site inspection documentation. VII. File Review The following documents were reviewed as part of this inspection: Page 8 of 26 CWA NPDES WA309985 Inspection Report Stormwater Pollution Prevention Plan (SWPPP) - A copy the SWPPP was brought to the inspection by John Dewitz. The SWPPP was developed by Soil and Water Technologies, Inc. and was comprehensive of the project to-date. The hard copy SWPPP was provided to Peter Dewitz as part of the permit coverage transfer. The SWPPP included the applicable 13 elements required/discussed in within Section S9.D. of the CGP and referenced the Stormwater Management Manual for Western Washington for BMP selections observed during the on-site walkthrough. The project's site map was also included within the SWPPP. The site map consisted of two versions of the Grading and Erosion Control Plan which included hand-written indicators of BMP usage and installation (Photo 21 & Photo 22). Site Inspections Reports - Dating back to the permit coverage transfer, weekly and post-storm event site inspection reports required by the permit were reviewed as part of this inspection. The last site documented site inspection was documented four days prior on December 16, 2022 and documented no discharge. The inspection report was completed by CESCL Moses Kanlund of Soil and Water Technologies, Inc. The last discharge was documented in a December 7, 2022, inspection report as occuring from both ponds. The report documented the turbidity results discussed with Peter Dewitz during the site walk-through (N. Pond 14.8 NTU & S. Pond. 8.73 NTU). In general, site inspection reports were well documented and included corrective actions and date(s) of associated remedial actions including photographs (Photo 23 - Photo 25). Electronic versions of the site inspection reports were provided postinspection by Peter Dewitz via email. Discharge Monitoring Reports (DMRs): Discharge Monitoring Reports were reviewed as part of this inspection. Since taking over permit coverage, at the time of inspection the permittee had been responsible for one DMR (November 2022). In the November 2022 DMR, only one discharge was documented, which occurred on November 30, 2022, and was measured at 19.2 NTU (below the benchmark of 25 NTU). VIII. Areas of Concern Observations during the inspection identified two areas of concern: A. Silt Fencing Below the North and South Ponds Section S3.C.2. of the permit states: "Implement stormwater BMPs contained in stormwater management manuals published or approved by Ecology, or BMPs that are demonstrably equivalent to BMPs contained in stormwater management manuals published or approved by Ecology, including the proper selection, implementation, and maintenance of all applicable and appropriate BMPs for onsite pollution control." Page 9 of 26 CWA NPDES WA309985 Inspection Report The Stormwater Management Manual for Western Washington (July 2019) lists maintenance standards for BMP C233 (Silt Fence) which includes: "Remove sediment deposits when the deposit reaches approximately one-third the height of the silt-fence, or install a second silt-fence. As discussed earlier in this inspection report, at the time of inspection during the walk-through of the North and South Ponds, I observed sections of silt fencing where sediment was deposited above one-third the height of the section of silt fence (Photo 12, Photo 13, Photo 18). Sediment was still contained by the silt fence, but the fence was in needed of maintenance based upon the written standard. We discussed the silt-fence maintenance standard and John Dewitz stated that due to the soft ground and current weather, the likely remediation would be to install a second fence and that the silt fence concern would be addressed. B. Riprap Channel at North Pond Inlet As discussed earlier in this inspection report, at the time of inspection during the walk-through of the North Pond, I observed a gap in the riprapped channel just prior to the entrance to the North Pond. Stormwater was observed to be clear leaving the riprapped channel however, the riprap channel ended just prior to entering the pond which was causing some turbidity and erosion as stormwater was entering the inlet of the North Pond (Photo 19). It was discussed that the riprap channel could be improved to prevent the turbidity observed at the North Pond inlet, potentially impacting the quality of the pond's discharge. Peter Dewitz and John Dewitz stated that the concern would be addressed. IX. Closing Conference Following the file review, a closing conference was held with Peter Dewitz and John Dewitz. We discussed my observations and two areas of concern. I then thanked them for their time and cooperation with the inspection. Page 10 of 26 CWA NPDES WA309985 Inspection Report ATTACHMENT A Signed ECY 020-87a Permit Transfer Page 11 of 26 DocuSign Envelope ID: 112259B3-62AF-43BE-9C60-10EB75314974 CWA NPDES WA309985 Inspection Report Member 11/8/2022 Page 12 of 26 DocuSign Envelope ID: 112259B3-62AF-43BE-9C60-10EB75314974 CWA NPDES WA309985 Inspection Report Page 13 of 26 DocuSign Envelope ID: 112259B3-62AF-43BE-9C60-10EB75314974 CWA NPDES WA309985 Inspection Report Page 14 of 26 DocuSign Envelope ID: 112259B3-62AF-43BE-9C60-10EB75314974 CWA NPDES WA309985 Inspection Report Page 15 of 26 CWA NPDES WA309985 Inspection Report ATTACHMENT B Grading and Erosion Control Plan Page 16 of 26 CWA NPDES WA309985 Inspection Report ATTACHMENT C Aerial Image (Google Earth) Page 17 of 26 CWA NPDES WA309985 Inspection Report ATTACHMENT D Photograph Log All photographs taken by Jon Klemesrud on December 20, 2022 Nikon Coolpix AW100 Page 18 of 26 CWA NPDES WA309985 Inspection Report Photo Log- Vista Ridge Subdivision Photo #:01 (DSCN3128) Description: Facing south/southwest, photo of southwest perimeter silt fencing. Photo #:02 (DSCN3129) Description: Facing north, photo of southwest perimeter silt fencing. Photo #:03 (DSCN3130) Description: Facing south, photo of previous soil stockpile location and material staging area. Photo #:04 (DSCN3131) Description: Facing east, photo of pond access road and BMPs. Page 19 of 26 CWA NPDES WA309985 Inspection Report Photo Log- Vista Ridge Subdivision Photo #:05 (DSCN3132) Description: Facing south, photo of culvert staging along access road, west of the South Pond. Photo #:06 (DSC3133) Description: Facing north, photo of vegetation coverage and silt fencing along northwest slopes. Photo #:07 (DSCN3134) Description: Facing east, photo of access road BMPs including silt fencing, rock check dams and straw mulch. Photo #:08 (DSCN3135) Description: Facing east, photo of access road BMPs including silt fencing, rock check dams and straw mulch. Page 20 of 26 CWA NPDES WA309985 Inspection Report Photo Log- Vista Ridge Subdivision Photo #:09 (DSCN3136) Description: Facing west, photo of silt fencing along southern slopes. Photo #:10 (DSC3137) Description: Facing east, photo of vegetation coverage along southeastern slopes, west of South Pond. Photo #:11 (DSCN3138) Description: Facing south, photo of South Pond inlet. Photo #:12 (DSCN3139) Description: Facing south, photo of vegetative area east of the South Pond discharge. Page 21 of 26 CWA NPDES WA309985 Inspection Report Photo Log- Vista Ridge Subdivision Photo #:13 (DSCN3140) Description: Facing east, photo of vegetative area east of the South Pond discharge. Photo #:14 (DSC3141) Description: Facing south, photo of South Pond discharge location. Photo #:15 (DSCN3142) Description: Facing north, photo of eastern slope and perimeter silt fencing. Photo #:16 (DSCN3143) Description: Facing north, photo of eastern slope and perimeter silt fencing. Page 22 of 26 CWA NPDES WA309985 Inspection Report Photo Log- Vista Ridge Subdivision Photo #:17 (DSCN3144) Description: Facing north, photo of North Pond and riprap channel. Photo #:18 (DSC3145) Description: Facing north, photo of the vegetative area east of the North Pond discharge and perimeter silt fencing. Photo #:19 (DSCN3146) Description: Facing north, photo of the inlet to the North Pond after the riprap channel. Photo #:20 (DSC3147) Description: Facing south/southwest, photo of BMPs along the North Pond access road. Page 23 of 26 CWA NPDES WA309985 Inspection Report Photo Log- Vista Ridge Subdivision Photo #:21 (DSCN356) Description: Photo of a Grading and Erosion Control Plan within the SWPPP. Photo #:22 (DSC3157) Description: Photo of a Grading and Erosion Control Plan within the SWPPP. Photo #:23 (DSCN3158) Description: Photo of page 1 of the 11/25/2022 site inspection report.. Photo #:24 (DSC3159) Description: Photo of page 2 of the 11/25/2022 site inspection report. Page 24 of 26 CWA NPDES WA309985 Inspection Report Photo Log- Vista Ridge Subdivision Photo #:25 (DSCN3160) Description: Photo of page 3 of the 11/25/2022 site inspection report. Complete list of photographs taken during the inspection: DSCN3128 - Facing south/southwest, photo of southwest perimeter silt fencing. DSCN3129 - Facing north, photo of southwest perimeter silt fencing. DSCN3130 - Facing south, photo of previous soil stockpile location and material staging area. DSCN3131 - Facing east, photo of pond access road and BMPs. DSCN3132 - Facing south, photo of culvert staging along access road, west of the South Pond. DSCN3133 - Facing north, photo of vegetation coverage and silt fencing along northwest slopes. DSCN3134 - Facing east, photo of access road BMPs including silt fencing, rock check dams and straw mulch. DSCN3135 - Facing east, photo of access road BMPS including silt fencing, rock check damns and straw mulch. DSCN3136 - Facing west, photo of silt fencing along southern slopes. DSCN3137 - Facing east, photo of vegetation coverage along southeastern slopes, west of South Pond. DSCN3138 - Facing south, photo of South Pond inlet. DSCN3139 - Facing south, photo of vegetative area east of the South Pond discharge. DSCN3140 - Facing east, photo of vegetative area east of the South Pond discharge. DSCN3141 - Facing south, photo of South Pond discharge location. Page 25 of 26 CWA NPDES WA309985 Inspection Report DSCN3142 - Facing north, photo of eastern slope and perimeter silt fencing. DSCN3143 - Facing north, photo of eastern slope and perimeter silt fencing. DSCN3144 - Facing north, photo of North Pond and riprap channel. DSCN3145 - Facing north, photo of the vegetative area east of the North Pond discharge and perimeter silt fencing. DSCN3146 - Facing north, photo of the inlet to the North Pond after the riprap channel. DSCN3147 - Facing south/southwest, photo of BMPs along the North Pond access road. DSCN3148 - Photo of the SWPPP cover page. DSCN3149 - Photo of page 4 of the SWPPP. DSCN3150 - Photo of page 5 of the SWPPP. DSCN3151 - Photo of page 6 of the SWPPP. DSCN3152 - Photo of page 7 of the SWPPP. DSCN3153 - Photo of page 8 of the SWPPP. DSCN3154 - Photo of page 9 of the SWPPP. DSCN3155 - Photo of page 10 of the SWPPP. DSCN3156 - Photo of a Grading and Erosion Control Plan within the SWPPP. DSCN3157 - Photo of a Grading and Erosion Control Plan within the SWPPP. DSCN3158 - Photo of page 1 of the 11/25/2022 site inspection report. DSCN3159 - Photo of page 2 of the 11/25/2022 site inspection report. DSCN3160 - Photo of page 3 of the 11/25/2022 site inspection report. Page 26 of 26