Document bJZR54JjrKq9p5zG6BzGLq3o

UNITED STATESUNITED STATES ENVIRONMENTAL PROTECTION AGENCY * *REGION 1 ENVIRONMENTAL AGENCY5 POST OFFICEB OSSTQOUN,A RMAE ,0 21S0U9-I3T9E12 100 PROTECTION Drafted Date:2 July 2021 Finalized Date:27 July 2021 Subj:Inspection Report Clean Water Act - National Pollutant Discharge Elimination System (" NPDES ") Keyes Farm From:Andrew Spejewski, Enforcement Officer Thru:Stephanie Tougas, Enforcement Officer To:File I. Facility Information A. Facility Name:Keyes Farm B. Facility Location: Moderator Way Bolton, MA 01740 C. Facility Contacts: James Hryniewich Rhino Construction Company, LLC 171 Newtown Road Acton, MA 01720 978-502-0702 james@rhinoma.com D. NPDES ID No (s).: None Known II. Background Information A. Date(s) of inspection: July 1, 2021 B. Weather Conditions: Occasional very light rain C. US EPA Representative(s): Andrew Spejewski Rachel Olugbemi D. State / Local Representative(s): Rebecca Longvall, Conservation Agent, Town of Bolton Valerie Oorthuys, Town Planner, Town of Bolton ED_019088A_00019719-00001 E. Federally Enforceable Requirements Covered During the Inspection: NPDES General Permit for Discharges from Construction Activities (" CGP ") F. Previous Enforcement Actions: No known prior EPA enforcement; multiple orders were issued by the town prior to the inspection. III. Type and Purpose of Inspection Evaluation of compliance with the CGP requirements. IV. Facility Description The facility is a residential development of about 16 houses on either side of the new road Moderator Way; aerial imagery indicates about 23 acres total. Moderator Way extends about 500 yards northeast then north from Hudson Road ending in a turnaround. Moderator Way heads moderately steeply up a hill the entire way, except the northern end where the terrain slopes away from the road down to the west. There are three stormwater basins receiving drainage from the development: one just northeast of Hudson Road and Moderator Way, one on the east side of Moderator Way about halfway up, and one west of the end of Moderator Way. At the time of the inspection, all the houses were complete, sold and occupied. All the houses had well - established lawns. The only non - stabilized areas were around the two upper stormwater basins, and some patches between the sidewalk and the road. V. Inspection Mr. Spejewski called Eddie Hryniewich the day before the inspection to inform him of the EPA inspections in Bolton. The inspection immediately followed an inspection at another construction site (the Farm at Hill Road) operated by Mr. Hryniewich in Bolton. That inspection included the four EPA and local representatives, Mr. Hryniewich, and Seth Donohoe, an engineer working for the site developer. After the conclusion of that inspection, the entire group drove from the previous site to Keyes Farm, arriving about 10:40 AM. A. Opening Conference and Records Review Mr. Spejewski had presented his credentials and provided a copy of the Small Business Information Sheet to Mr. Hryniewich at the previous inspection that day. Mr. Hryniewich explained the site. Mr. Hryniewich said there was a Stormwater Pollution Prevention Plan (" SWPPP ") and inspection reports, but they were not on site. Ms. Longvall said that a copy of a SWPPP had been given to the Town. Mr. Donohoe said that he was not contracted to do operator site inspections at Keyes Farm, but was a site engineer for the site. He believed his firm had prepared a SWPPP 2 ED_019088A_00019719-00002 but thought it could have been over five years ago [a copy of a SWPPP was provided by the Town after the inspection]. Neither Mr. Donohoe nor Mr. Hryniewich knew the status of a NPDES permit for the site. Mr. Hryniewich said he had been doing operator site inspections; he agreed to send Mr. Spejewski copies of all inspection reports. B. Facility Tour The lower, southeastern, basin had well - established grass. The outfall, to the west, appeared clean. Mr. Hryniewich pointed out a pile of silt roll adjacent to the basin and said that a homeowner had removed them from their home and dumped them there. Mr. Spejewski and Mr. Hryniewich discussed plans for removal of silt fence; Mr. Hryniewich said that the Town required it, but only after Town approval of the site. All houses were complete and apparently occupied. All houses had well - established lawns, except much of the area between the sidewalk west of Moderator Way and the road, which often had sparse growth. All of the areas between the road and sidewalk without established grass had visible hydroseed and usually some initial grass growing. About halfway up Moderator Way, to the east was a large basin. Parts of it had established grass, and the rest very new grass growth (Mr. Hryniewich said it had been hydroseeded in the last couple of weeks). The southern wall sloped down on the outside and was covered in wood mulch. Mr. Hryniewich, discussing the wood mulch generally, said it was planned to be left there, with the expectation that natural vegetation would eventually grow up through it. The outfall, near the foot of the southern slope, appeared clean. Mr. Hryniewich said he did not think the basin had ever discharged. A slope to the north of the basin, between two houses, was covered with wood mulch and had two gravel / rip - rap trenches running sideways, along the slope and along the bottom. The mulch was fairly new but appeared to be staying in place. At the north end of the street, west of the turnaround, was a steep slope down to a wooded area and the northern basin. The slope was covered with an open fiber matting with new grass growing up between the matting in most places. Mr. Hryniewich said it had been hydroseeded in most places, but rain had prevented completing the entire slope. The basin itself had high vegetation in the center, and well - established (if slightly newer) grass on the slopes. The outer wall, to the west, was covered in wood mulch with some growth through the mulch. C. Closing Conference Mr. Spejewski thanked Mr. Hryniewich and Mr. Donohoe for their time, and the inspectors departed at approximately 11:15 AM. Picture List: IMG_2330.JPG Lowest (southeastern) basin, facing east 3 ED_019088A_00019719-00003 IMG 2331.JPGOutfall from southeastern basin IMG 2332.JPGFacing north up Moderator Way, from southeastern basin IMG_2333.JPGEastern basin, midpoint of Moderator Way, facing east IMG 2334.JPGFacing south over outfall from eastern basin IMG 2335.JPGFacing north, from eastern basin IMG 2336.JPGFacing west over slope at NW basin IMG 2337.JPGFacing west over NW basin * End * Unless otherwise noted, this report describes conditions at the facility / property as observed by EPA inspector(s), and / or through records provided to and / or information reported to EPA inspector(s) by facility representatives and as understood by the inspector(s). This report may not capture all operations or activities ongoing at the time of the inspection. This report does not make final determinations on potential areas of concern. Nothing in this report affects EPA's authorities under federal statutes and regulations to pursue further investigation or action. 4 ED_019088A_00019719-00004