Document dQ7730Y0peRmxYXgd70L5mkn5

EPA Region 10 Enforcement and Compliance Assurance Division Clean Water Act (CWA) Inspection Report Inspection Entry Date/Time Inspection Exit Date/Time Weather Media Statute(s)/Program(s) Type of Inspection 02/13/2024 10:00 AM (PST) Announced: No 02/13/2024 12:00 PM (PST) Access: Granted Partly Cloudy, 42 F Water Clean Water Act, NPDES, Stormwater - Construction CEI - Compliance Evaluation Inspection Permittee Name General Contractor Project or Site Name Project/Site Physical Address County/Borough/Parish Facility GPS Coordinates Permittee Mailing Address KM2 Contractors, Inc. / Mainvue WA, LLC Omni Construction, LLC Fagerlie Subdivision 12014 20th Street, SE, Lake Stevens, Washington, 98258 Snohomish County 47. 97696 N -122.06949 W 10515 20th Street SE, Suite 202, Lake Stevens, Washington 98258 FRS ID Permit Number NAICS 110071506200 WAR312688 238910 (Site Preparation Contractors) Inspection Contacts: Organization Name EPA Region 10 WA Ecology Land Pro Group, Inc. Land Pro Group, Inc. Omni Construction, LLC Omni Construction, LLC Omni Construction, LLC Jon Klemesrud Megan Junod Mark Villwock Andrea Marquez Matt Mausser Spencer McKinnon Tim Murphy Title Lead Inspector Present in Opening Conf. Yes Inspector Yes VP Land Development Yes Representative Yes Project Superintendent Yes Present in Closing Conf. Yes Yes Yes No Yes Project Manager Yes No Representative Yes No EPA Inspector Signature/Date JON KLEMESRUD Jon Klemesrud Digitally signed by JON KLEMESRUD Date: 2024.04.04 10:16:56 -07'00' Supervisor Signature/Date PETER CONTRERAS Peter Contreras, Chief FDDWES Digitally signed by PETER CONTRERAS Date: 2024.04.04 10:53:36 -07'00' 2024 CWA NPDES WAR312688 Inspection Report This inspection report is based on information supplied by conversations with Mr. Mark Villwock, Mr. Matt Mausser, Mr. Tim Murphy, or direct observations made at the time of the inspection, and records and reports maintained by the permittee and/or general contractor. This inspection report may also include information gathered from a review of EPA, State, and/or public records. SECTION I - INTRODUCTION Entry and Inspection Chronology This was an unannounced inspection; I was joined on the inspection by Washington State Department of Ecology (Ecology) inspector Megan Junod. At approximately 9:00AM on the day of the inspection, I called and spoke with Mr. Patrick McCourt, with KM2 Contractors, Inc. Mr. McCourt is listed on the project's most recent Transfer of Coverage as the current operator/permittee (Attachment A). I introduced myself and discussed that I had been asked to conduct an on-site inspection at the Fagerlie Subdivision construction project to assess compliance with the project's coverage under Ecology's Construction Stormwater General Permit (CGP). I explained that the inspection was in coordination with Ecology and would include a walk-through of the construction site and a review of permit related documents. Mr. McCourt stated that he would pass the phone to the construction manager, Mr. Mark Villwock, VP Land Development with Land Pro Group, Inc., who happened to be sitting beside him. Mr. Villwock picked up the phone and I restated the purpose of my call. Mr. Villwock discussed that the construction site was active and welcomed the inspection; however, he discussed that most on-site staff/contractors were currently in a CPR class being held off-site. Mr. Villwock stated he would make a few phone calls and call me back shortly to confirm someone could be available on-site. Approximately 5-minutes later, I received a call back from Mr. Villwock, he explained that he and Project Superintendent, Mr. Matt Mausser, with Omni Construction, LLC would be able to join on-site. We agreed to meet at 10:00AM. Ms. Junod (Ecology) and I arrived on-site at approximately 10:00AM, we were greeted by Mr. Villwock and Mr. Mausser within a small parking area outside the job-site trailer. Also present were Ms. Andrea Marquez of Land Pro Group, Inc., and Mr. Spencer McKinnon and Mr. Tim Murphy of Omni Construction, LLC. Following our initial introductions, I presented my EPA credentials and discussed the purpose and expectations of the inspection and provided my business card. I also provided a copy of EPA's Small Business Resources Information Sheet to Mr. Villwock. We had a brief discussion regarding the project's general timeline and recent activities. It was discussed that frontage work was recently completed, select portions of the site had been graded and some retaining walls were being constructed. In addition, larger tree clearing activities had recently started the week prior. Mr. Villwock discussed that much of the site had remained stabilized over the winter as a best management practice (BMP). It was discussed that the general contractor, Omni Construction, LLC had been onsite since the end of October 2023. General construction activities including stormwater BMP implementation and maintenance is managed on-site by Omni Construction, LLC. Terra Associates, Inc. is used for the majority of CESCL duties, including routine site inspections and stormwater sampling/monitoring. The inspection consisted of an opening conference, a walk-through of the construction site, a records review and concluded with a closing conference. Portions of the record review also occurred post-inspection, as discussed in Section III of this inspection report. During the closing conference we discussed our observations during the walkthrough, potential compliance concerns and next steps. We were accompanied throughout the inspection by Mr. Mr. Villwock and Mr. Mausser. Ms. Marquez, Mr. McKinnon, and Mr. Murphy were present for the opening conference and portions of the walk-through. Project History The Fagerlie Subdivision construction project (hereinafter referred to as the "Project") is permitted to discharge stormwater to the Pilchuck River under the CGP coverage, the permit tracking number assigned to the project is WAR312688. Based upon my review within Ecology's Permitting and Reporting Information System (PARIS), the initial permit application (notice of intent) was submitted by Mr. Ryan Larsen of JM1 Holdings LLC. Permit coverage was effective on August 14, 2023, and then subsequently transferred to KM2 Contractors, Inc. on September 11, 2023. No prior EPA/Ecology inspection/enforcement activity had been previously documented. Page 2 of 46 2024 CWA NPDES WAR312688 Inspection Report SECTION II - OBSERVATIONS Site Review The Project consists of developing a 12.69 acres site into a housing subdivision, including 52 single-family homes and 14 town-home buildings. According to the Project's Stormwater Pollution Prevention Plan (SWPPP), the original proposal included 54 single-family homes and 5 town-home buildings. The development will disturb 12.55 acres. See Attachment B, Site Plans. Prior to construction, the acreage included several structures, and light to dense forest associated with wetland areas. Development also includes public-rights-of-way, associated driveways, utilities, and landscaping. Construction activities over the life of the Project generally include site preparation, demolition, excavation and grading, wet and dry utilities, stormwater detention, sidewalks, roadways, drive aisles, and landscaping. Stormwater infrastructure includes a primary collection system (underground pipes and a series catch basins) that convey runoff to an engineered infiltration/detention pond located in the southeast corner of the project. During the construction phase, the infiltration/detention pond being used a temporary infiltration/detention pond. The infiltration/detention pond has an overflow device that is designed to discharge just south of the pond to a roadside ditch along Williams Road. The Pilchuck River is located east of the Project, downslope of the roadside ditch. At the time of inspection, perimeter silt fencing had been installed,construction/site access had been completed, the infiltration/detention pond and associated catch basins had been installed, and select portions of the site had been cleared and graded with base material (rock) applied around the central staging areas. Construction was occurring on both sides of Williams Road. As discussed earlier in this report, more recent activities included the construction of select retaining walls and larger scale clearing activities/tree work. Construction was on-track to be completed in the fall of 2025. Following the opening conference, we began the site walk-through at the construction entrance. Photographs taken during the walk-through are attached to this inspection report as Attachment C, Photograph Log. Walk-Through Observations: Location: 20th Street SE Construction Areas Observation #: OB-001 Primary site access is from 20th Street SE. We first observed the main access road and northern construction areas along 20th Street SE. We observed the recent construction activity along the frontage areas and observed perimeter silt fencing along the northern areas of the property (Photo 1 & Photo 2). Roadside catch basins were equipped with sediment filters. It was discussed that most of the catch basins installed are currently connected to the stormwater pond. Minimal track-out was observed along 20th Street SE, but it was discussed that the construction entrance could be improved to help minimize material leaving the site (Photo 3). Mr. Murphy discussed that he just graded a portion of the site entrance to allow the street sweeper to enter/exit, as the on-site sweeper was having difficulty entering/exiting with the larger aggregate. I acknowledged that we observed Mr. Murphy grading the entrance and street sweeper operating while entering the construction site. We continued east along the new frontage areas of 20th Street SE (Photo 4) and observed additional frontage landscape areas under construction. BMPs observed included silt fencing, straw application and plastic tarps used for covering exposed slopes and stockpiles (Photo 5). We observed one roadside catch basin that was being piped to discharge on-site rather than tied into the stormwater pond. Mr. Villwock discussed the piping was a temporary measure to promote on-site infiltration rather than contribute additional stormwater to the infiltration/detention pond (Photo 6 & Photo 7). It was discussed that additional BMPs could be used at the catch basin pipe's discharge location to minimize contact with exposed soils, including an unstabilized stockpile. Page 3 of 46 2024 CWA NPDES WAR312688 Inspection Report Location: Williams Road Construction Areas Observation #: OB-002 We continued east along 20th Street SE and arrived at Williams Road near the northeast corner of the project. We observed more frontage areas under construction on the western side of Willams Road (Photo 8). We then crossed Williams Road and observed "Lot 50" under recent construction (Photo 9), we observed two areas of perimeter silt fencing in need of maintenance (Photo 10 & Photo 11). We continued south to the frontage areas on the western side of Williams Road, west of the stormwater pond. Mr. Villwock discussed that the two roadside catch basins within the area are not tied into the stormwater pond, the upper catch basin on the east side of Williams Road connects to the lower catch basin on the west side of Williams Road. It was discussed that the stormwater from the two catch basins discharge collectively to the Williams Road ditch via temporary piping. Rock was installed at the discharge location as well as a series of straw waddles staked within the roadside ditch. (Photo 12 & Photo 13). Location: Stormwater Pond & Discharge Location(s) Observation #: OB-003 We again crossed Williams Road and observed the project's stormwater pond. It was discussed that the pond's overflow/discharge structure was yet to be completed, we observed perimeter silt fencing installed around the pond as well as permanent chain-link fencing (Photo 14). The Project's "Lot 50" is located north of the pond, beyond a vegetated area outside the Project's boundary (Photo 15). Additional BMPs observed near the pond included plastic sheeting for large unstabilized areas, established hydro-seeding, and straw covering (Photo 16). One area of perimeter silt fencing was observed to be in need of maintenance (Photo 17). We observed the pond's partially completed overflow vault. The vaults opening was covered by sheet of plywood at the time of inspection. Upon removing the plywood and viewing inside the vault, we observed stormwater to be flowing from the pond through the vault (Photo 18 - Photo 21). It was discussed that as outfall piping had yet to be constructed, stormwater discharging from the pond is believed to be infiltrating within a rocked area subsurface near the vault. The infiltration area would be occurring south of the pond and northwest of the Williams Road ditch. No stormwater was observed within the north Williams Road ditch (Photo 22). We then crossed Williams Road to the south and observed the Project's current monitoring/sampling location, a discharge pipe south of Williams Road within the roadside ditch, east of the intersection of Williams Road and 122nd Drive SE (Photo 23). It was noted that the Omni Construction, LLC staff were unsure of the discharge/monitoring location at the time of inspection. At this time Mr. Villwock called the Project's current CESCL representative/consultant, Mr. James Mays-Mclver of Terra Associates, Inc. to confirm the current monitoring/sampling point location. It was discussed that a discharge pipe was selected as the monitoring point as it would capture any stormwater not infiltrating from the west side of Williams Road, including from the two Williams Road catch basins not currently routed to the stormwater pond. It was discussed that Mr. Mclver also observes the ditch on the north side Williams Road to confirm no discharge to the ditch from the stormwater pond's current infiltration area. Location: Central Construction Areas Observation #: OB-004 Following our time at the stormwater pond and discharge location we continued west, through the central construction areas west of Williams Road. Most of the area had yet to be cleared in an effort to minimize potential erosion from the steep slopes (Photo 24). We continued west and along the southern perimeter and observed recently cleared areas and a wooded debris stockpile of areas from the recent tree clearing activities Page 4 of 46 2024 CWA NPDES WAR312688 Inspection Report (Photo 25 & Photo 26). We observed perimeter silt-fencing extending across portions of the southern perimeter. The inspection walk-through concluded after viewing the recent retaining/rock wall construction activity along the southwest corner of the Project (Photo 27). We arrived back at the main parking area and began the records review on the tailgate of Mr. Mausser's vehicle. SECTION III - RECORDS REVIEW Records may not be in sequential order. Record: Stormwater Pollution Prevention Plan (SWPPP) Reference #: RR-001 The Project's SWPPP binder was located within the job-site trailer and was brought out by Mr. Mausser. The SWPPP was prepared by LDC Inc. in Woodinville, Washington with a prepared date of May 2023. The SWPPP narrative include the 13 required elements contained with the permit. The SWPPP also included an agreement memo from Terra Associates, Inc. for the CECL monitoring work (Photo 28). I suggested updating the SWPPP to include the current CESCL, Mr. Mays-McIver's contact information and the current/observed discharge/monitoring location(s). An electronic copy of the updated SWPPP was provided my Mr. Villwock post-inspection on February 16, 2024. Record: SWPPP Site Map Reference #: RR-002 The Project's Site Map was located within the SWPPP binder. The only BMP outlined on the Site Map was the perimeter silt fencing (Photo 29). Mr. Mausser discussed that he was behind in updating the Site Map contained within the SWPPP. It was also noted that the sampling/monitoring location(s) were not identified within the Site Map. We discussed the permit required contents of the Site Map and the tracking of BMP implementation and maintenance. Record: Routine Site Inspection Reports Reference #: RR-003 Routine Site Inspection Reports were available at the time of inspection and contained within the SWPPP binder. The first inspection was conducted on October 31, 2023. It was discussed that site inspection reports are generated electronically via a checklist by Terra Associates, Inc. and then emailed/printed to remain on-site. Site inspections were primarily conducted by Mr. Mays-M clver. It was noted that Routine Site inspection Reports for February 2024 had yet to be printed and were not included within the SWPPP binder. Mr. Villwock provided February 2024 Routine Site Inspection Reports (to-date) via email on February 16, 2024. Site Inspection Reports reviewed occurred on the following dates: 10/31/2023, 11/03/2023, 11/06/2023, 11/22/2023, 11/29/2023, 12/01/2023, 12/04/2023, 12/05/2023, 12/06/2023, 12/7/2023, 12/08/2023, 12/11/2023, 12/18/2023, 12/21/2023, 12/27/2023, 01/03/2024, 01/10/2024, 01/25/2024, 02/01/2024, 02/08/2024, 02/14/2024. It was noted that on 12/05/2023, a turbidity sample was recorded at 232 NTUs, on 12/06/2023, a turbidity sample was recorded at 119 NTUs, on 12/07/2023 a turbidity sample was recorded at 122 NTUs and on 12/08/2023, a turbidity sample was recorded at 73 NTUs. Record: Discharge Monitoring Reports (DMRs) Reference #: RR-004 DMR's for the Project were reviewed pre-inspection using Ecology's Permitting and Reporting Information System (PARIS). I reviewed DMR's applicable at the time of inspection (September 2023 - December 2023). Page 5 of 46 2024 CWA NPDES WAR312688 Inspection Report DMR's were submitted by Mr. McCourt. The review indicated that a DMRs was not received for September 2023, the October 2023 and November DMRs were submitted on December 15, 2023. The December 2023 DMR was submitted on January 10, 2024. The review indicated reported benchmark exceedance (> 25 NTUs) on December 7, 2023 (122 NTUs) and on December 8, 2023 (73 NTUs). SECTION IV - SAMPLING ACTIVITIES AND ANALYTICAL RESULTS No sampling was conducted for this inspection. SECTION V - AREAS OF CONCERN Area(s) of Concern may not be in sequential order. The presentation of Area(s) of Concern (AOC) does not constitute a formal compliance determination or violation. AOC Reference #: AOC-001 Records Reference #: RR-003 & RR-004 (Discharge Monitoring Reports and Routine Site Inspection Reports) Regulation and/or Permit Requirement: Permit Condition S5.B. states: "Permittees required to conduct water quality sampling in accordance with Special Conditions (S4.C (Turbidity/Transparency), S4.D (pH), S8 (303[d]/TMDL sampling), and/or G12 (Additional Sampling) must submit the results to Ecology. Permitees must submit monitoring data using Ecology's WQWebDMR web application accessed through Ecology's Water Quality Permitting Portal." "Permittees must submit DMR forms to be received by Ecology within 15-days following the end of each month." AOC: As discussed earlier within this report, DMR's for the Project were reviewed pre-inspection using Ecology's Permitting and Reporting Information System (PARIS). The concern is that the October 2023 DMR was submitted on December 15, 2023, past the 15-days following the end of each month requirement. Additionally, when reviewing Routine Site Inspection Reports and DMRs for the Project, it was noted that a turbidity sample was recorded at 232 NTUs on 12/05/2023, and 119 NTUs on 12/06/2023 but not included within the DMR. The concern is that the two December sampling events were not reported. See Attachment D, 12/05/2023 and 12/06/2023 Routine Site Inspection Reports and December 2023 DMR. AOC Reference #: AOC-002 Records Reference #: RR-002 (SWPPP Site Map) Location Reference # OB-003 (Discharge Location) Regulation and/or Permit Requirement: Permit Condition S9.E. discusses the contents requirement of the SWPPP Site Map, including: Permit Condition S9.E.5. "Locations of structural and nonstructural controls (BMPs) identified in the SWPPP." Permit Condition S9.E.9. "Location of water quality sampling station(s), if sampling is required by state or local permitting authority." Permit Condition S9.D.12.c. "Maintain, update, and implement the SWPPP in accordance with Special Conditions S3, S4, and S9." AOC: As discussed earlier within this report, the Project's Site Map was reviewed at the time of inspection. The only BMP outlined on the Site Map was the perimeter silt fencing (Photo 29). Mr. Mausser discussed that he Page 6 of 46 2024 CWA NPDES WAR312688 Inspection Report was behind in updating the Site Map. It was also noted that the discharge/monitoring location(s) were not identified within the Site Map. Additionally, at the time of inspection during the site walk-though near the stormwater pond, Omni Construction, LLC staff were unsure of the current discharge/monitoring location. The concern is that the Project's Site Map did not include all the required elements discussed within the permit, including current BMPs and the discharge/monitoring location(s). The concern is also that the Project's current discharge/monitoring location(s) was initially unknown at the time of inspection by construction management staff overseeing the implementation of stormwater controls/measures. Post-inspection on February 21, 2024, Mr. Villwock provided an updated Site Map via email (Attachment E). The updated site map included current BMPs and discharge/monitoring locations. AOC Reference #: AOC-003 Location Reference #: OB-002, Williams Road Construction Areas Location Reference #: OB-003, Stormwater Pond Construction Areas Regulation and/or Permit Requirement: Permit Condition S9.D.11.a states: "Permitees must maintain and repair all temporary and permanent erosion and sediment control BMPs as needed to assure continued performance of their intended function in accordance with BMP specifications." 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. Permit Condition S9.D.5.a. states: "The Permittee must stabilize exposed and unworked soils by application of effective BMPs that prevent erosion. Applicable BMPs include but are not limited to: temporary and permanent seeding, sodding, mulching, plastic covering, erosion control fabrics and matting soil application of polyacrylamide (PAM), the early application of gravel base on areas to be paved and dust control." Permit Condition S9.D.5.f. states: "The Permittee must stabilize soil stockpiles from erosion, protected with sediment trapping measures, and where possible, be located away from storm drain inlets, waterways, and drainage channels. AOC: As discussed earlier within this report, during the site walk-through we observed three separate sections of silt fence in need of maintenance (Photo 10, Photo 11 & Photo 17). We also observed an exposed and unworked stockpile near the diverted drainage channel from a 20th Street SE roadside catch basin (Photo 7). The concern is the observed BMP in need of maintenance based upon the written standard, and the exposed/unworked stockpile near the diverted drainage channel from the 20th Street SE roadside catch basin. Post-inspection on February 21, 2024, Mr. Villwock provided photographs via email of the maintenance performed in response to the inspection, including the identified areas of silt fencing and the covering of the identified stockpile (Attachment F). SECTION VI - CLOSING CONFERENCE AND POST INSPECTION CORRESPONDENCE Closing Conference Following the walk-through of the construction areas, a closing conference was held with Mr. Villwock and Mr. Mausser. Mr. Murphy and Mr. McKinnon were present for portions of the closing conference. We discussed our general observations and AOC-002 and AOC-003. We also discussed the follow-up records request for the February 2024 (to-date) Site Inspection Reports. Page 7 of 46 Post Inspection Correspondence 2024 CWA NPDES WAR312688 Inspection Report As discussed earlier in this report, post-inspection on February 16, 2024, I received an email from Mr. Villwock containing the February 2024 (to-date) Site Inspection Reports and an electronic copy of the SWPPP. On February 21, 2024, I received an email from Mr. Villwock containing photographs of BMP maintenance performed in response to the inspection as well as an updated copy of the SWPPP Site Map. On April 1, 2024, I called Mr. Villwock and requested copies of select December 2023 Routine Site Inspection Reports, which were subsequently provided by Mr. Villwock via email on April 1, 2024. SECTION VII - LIST OF APPENDICES Attachment A - Transfer of Coverage Attachment B - Site Plans Attachment C - Photograph Log Attachment D - 12/05/2023 and 12/06/2023 Routine Site Inspection Reports & December 2023 DMR Attachment E - Updated Site Map Attachment F - Post-Inspection Photographs of BMP Maintenance Performed in Response to the Inspection Page 8 of 46 2024 CWA NPDES WAR312688 Inspection Report Attachment A Transfer of Coverage Page 9 of 46 2024 CWA NPDES WAR312688 Inspection Report Page 10 of 46 2024 CWA NPDES WAR312688 Inspection Report Page 11 of 46 2024 CWA NPDES WAR312688 Inspection Report Page 12 of 46 2024 CWA NPDES WAR312688 Inspection Report Page 13 of 46 2024 CWA NPDES WAR312688 Inspection Report Attachment B Site Plans Page 14 of 46 Drawing: P:\Civil\2021\C21-200 Fagerlie Subdivision\Drawings\Construction\C21200C-ER-PL.dwg Plotted: May 24, 2023 - 5:08pm TESC POND Page 15 of 46 2024 CWA NPDES WAR312688 Inspection Report 2024 CWA NPDES WAR312688 Inspection Report Attachment C Photograph Log All Photographs taken by Jon Klemesrud on February 14, 2024 Nikon Coolpix AW100 Page 16 of 46 2024 CWA NPDES WAR312688 Inspection Report Photograph Log - Fagerlie Subdivision Photo #:01 (DSCN3573) Description: Facing west along 20th Street SE, photo of installed sidewalk and frontage area just west of the construction entrance. "Witches hat" installed in roadside catch basin. Photo #:02 (DSCN3574) Description: Facing east along 20th Street SE, photo of installed sidewalk and frontage area east of the construction entrance. Photo #:03 (DSCN3575) Description: Facing south from 20th Street SE, photo of primary construction entrance. Entrance was just graded to allow for street sweeper to access. Photo #:04 (DSCN3576) Description: Facing east along 20th Street SE, photo of installed sidewalk and frontage area east of the construction entrance. Page 17 of 46 2024 CWA NPDES WAR312688 Inspection Report Photograph Log - Fagerlie Subdivision Photo #:05 (DSCN3577) Description: Facing southeast, photo of plastic covering used as a BMP for a graded area south of 20th Street SE. Photo #:06 (DSCN3578) Description: Facing south along 20th Street SE, photo of roadside catch basin and perimeter silt fencing. Topsoil installed within frontage area to begin landscaping. "Witches hat" installed within catch basin. Photo #:07 (DSCN3579) Description: Facing south along 20th Street SE, photo of drainage pipe connected to roadside catch basin pictured in Photo #06. Water entering the catch basin is designed to infiltrate within vegetated area, instead of discharging to stormwater pond. Uncovered stockpile within area. Photo #:08 (DSCN3580) Description: Facing south along Williams Road. Photo of project's northeast perimeter. Eastern side of project generally left undisturbed during current phase. Page 18 of 46 2024 CWA NPDES WAR312688 Inspection Report Photograph Log - Fagerlie Subdivision Photo #:09 (DSCN3581) Description: Facing west at "Lot 50" (Lot 52 on map). Area was prepped/work the day prior to the inspection. Photo #:10 (DSCN3582) Description: Facing east, photo of silt fencing in need of maintenance (southeast corner of "lot 50"). Photo #:11 (DSCN3583) Description: Facing south, photo from "Lot 50" of silt fencing in need of maintenance. Area is east of Williams Road. City of Lake Stevens recently in the area doing some water main work. Photo #:12 (DSCN3584) Description: Facing north along Williams Road, photo of frontage area and two roadside catch basins (background) designed to discharge to the roadside ditch south of Williams Road. Page 19 of 46 2024 CWA NPDES WAR312688 Inspection Report Photograph Log - Fagerlie Subdivision Photo #:13 (DSCN3585) Description: Facing south along Williams Road, photo of discharge to roadside ditch. Discharge consists of two roadside catch basins shown in Photo #12. Photo #:14 (DSCN3586) Description: Facing south, photo of stormwater pond. Photo #:15 (DSCN3587) Description: Facing north from stormwater pond, photo looking back toward "Lot 50." Photo #:16 (DSCN3588) Description: Facing south, photo of stormwater pond and plastic covering unstabilized area to the west of the pond. Page 20 of 46 2024 CWA NPDES WAR312688 Inspection Report Photograph Log - Fagerlie Subdivision Photo #:17 (DSCN3589) Description: Facing west, photo of portion of silt fence in need of maintenance. Area of silt fence not trenched in. Photo #:18 (DSCN3590) Description: Photo within stormwater pond outfall vault. Water observed to be flowing/discharging from within the vault. Photo #:19 (DSCN3591) Description: Photo within stormwater pond outfall vault. Water observed to be flowing/discharging from within the vault. Photo #:20 (DSCN3592) Description: Photo within stormwater pond outfall vault. Water observed to be flowing/discharging from within the vault. Page 21 of 46 2024 CWA NPDES WAR312688 Inspection Report Photograph Log - Fagerlie Subdivision Photo #:21 (DSCN3593) Description: Facing east, photo of stormwater pond outfall vault. Future work will include installing discharge piping to the roadside ditch, north side of Williams Road. Photo #:22 (DSCN3595) Description: Description: Facing west, photo from the north side of Williams Road, viewing roadside ditch. Potential/future location of stormwater pond overflow discharge from the pond's outfall vault. Photo #:23 (DSCN3594) Facing west, photo from the south side of Williams Road showing roadside ditch. Location of catch basin discharge from the two catch basins along Williams Road. Photo #:24 (DSCN3596) Description: Facing west, photo of vegetative area located on the eastern side of the project, west of Williams Road. Area had yet to be cleared to prevent any erosion during wet season. Page 22 of 46 2024 CWA NPDES WAR312688 Inspection Report Photograph Log - Fagerlie Subdivision Photo #:25 (DSCN3597) Description: Facing west, photo of the project's southern perimeter. Facility maintains existing berm, straw coverage, and perimeter silt fencing. Photo #:26 (DSCN3598) Description: Facing north, photo of wooded debris cleared the previous day. Photo #:27 (DSCN3599) Description: Facing north, photo of western perimeter. Rock wall constructed with only trench to avoid further disturbance. Photo #:28 (DSCN3600) Description: Photo of initial CESCL memo for the project by current contractor and Terra Associates, Inc. Page 23 of 46 2024 CWA NPDES WAR312688 Inspection Report Photograph Log - Fagerlie Subdivision Photo #:29 (DSCN3601) Description: Photo of Site Map contained within the SWPPP binder. Page 24 of 46 2024 CWA NPDES WAR312688 Inspection Report Attachment D 12/05/2023 and 12/06/2023 Routine Site Inspection Reports & December 2023 DMR Page 25 of 46 2024 CWA NPDES WAR312688 Inspection Report Construction Stormwater Site Inspection Form Project Name Fagerlie Subdivision Permit # WAR312688 Inspection Date 12/5/2023 Time 11:00AM Name of Certified Erosion Sediment Control Lead (CESCL) or qualified inspector if less than one acre Print Name: James Mays-McIver CESCL #EF8184514 Approximate rainfall amount since the last inspection (in inches): 1.5 Approximate rainfall amount in the last 24 hours (in inches): 1.5 Current Weather Clear Cloudy Mist Rain Wind Fog A. Type of inspection: Weekly Post Storm Event Other B. Phase of Active Construction (check all that apply): Pre-construction/installation of erosion/sediment X Clearing/demo/grading X Infrastructure/storm/roads X Concrete pours Vertical construction/buildings Utilities Offsite improvements Site temporary stabilized Final stabilization C. Questions: 1. Were all areas of construction and discharge points inspected? Yes X No 2. Did you observe the presence of suspended sediment, turbidity, discoloration, or oil sheen Yes X No 3. Was a water quality sample taken during inspection? (refer to permit conditions S4 & S5) Yes X No 4. Was there a turbid discharge 250 NTU or greater, or Transparency 6 cm or less?* Yes No X 5. If yes to #4 was it reported to Ecology? Yes No 6. Is pH sampling required? pH range required is 6.5 to 8.5. Yes X No If answering yes to a discharge, describe the event. Include when, where, and why it happened; what action was taken, and when. Turbid discharge observed in vegetated public swale along southeastern Williams Rd. *If answering yes to # 4 record NTU/Transparency with continual sampling daily until turbidity is 25 NTU or less/ transparency is 33 cm or greater. Sampling Results: Date: 12/5/23 Parameter Method (circle one) Result Other/Note NTU cm pH Turbidity tube, meter, laboratory 232 6.5 Sampled from public swale along Williams Rd. pH Paper, kit, meter Page 26 of 46 Page 1 2024 CWA NPDES WAR312688 Inspection Report Construction Stormwater Site Inspection Form D. Check the observed status of all items. Provide "Action Required "details and dates. Element # Inspection BMPs Inspected yes no n/a BMP comments/ observations 1 Before beginning land disturbing Clearing activities are all clearing limits, Limits natural resource areas (streams, X wetlands, buffers, trees) protected with barriers or similar BMPs? (High visibility recommended) 2 Construction access is stabilized Construction with quarry spalls or equivalent Access BMP to prevent sediment from X being tracked onto roads? Perimeter silt fence established Severe track out observed from offroad haul truck traffic Sediment tracked onto the Crews flushed roadway was cleaned thoroughly at X the end of the day or more roadway using water truck and sweeper frequent as necessary. 3 Are flow control measures installed Straw waddle check Control Flow to control stormwater volumes and dams installed in Rates velocity during construction and do X they protect downstream public swale properties and waterways from erosion? If permanent infiltration ponds are used for flow control during X construction, are they protected from siltation? 4 All perimeter sediment controls Sediment (e.g. silt fence, wattles, compost Controls socks, berms, etc.) installed, and X maintained in accordance with the Stormwater Pollution Prevention Plan (SWPPP). Sediment control BMPs (sediment ponds, traps, filters etc.) have been X constructed and functional as the first step of grading. Stormwater runoff from disturbed areas is directed to sediment X removal BMP. 5 Have exposed un-worked soils Crews should cover Stabilize been stabilized with effective BMP bare un-worked soils Soils to prevent erosion and sediment X after 48 hours of deposition? inactivity. BMP failed Yes Action required (describe in section F) Crews should install additional crushed rock to reduce track out Page 27 of 46 Page 2 2024 CWA NPDES WAR312688 Inspection Report Construction Stormwater Site Inspection Form Element # Inspection BMPs Inspected yes no n/a BMP comments/ observations BMP failed 5 Are stockpiles stabilized from erosion, Stabilize Soils protected with sediment trapping Cont. measures and located away from drain X inlet, waterways, and drainage channels? Have soils been stabilized at the end of the shift, before a holiday or weekend if needed based on the weather forecast? Has stormwater and ground water 6 Protect been diverted away from slopes and X disturbed areas with interceptor dikes, Slopes pipes and or swales? Is off-site storm water managed separately from stormwater generated on the site? Is excavated material placed on uphill side of trenches consistent with safety and space considerations? Have check dams been placed at regular intervals within constructed channels that are cut down a slope? 7 Storm drain inlets made operable Drain Inlets during construction are protected. Are existing storm drains within the influence of the project protected? 8 Have all on-site conveyance channels Stabilize been designed, constructed, and Channel and stabilized to prevent erosion from X Outlets expected peak flows? Is stabilization, including armoring material, adequate to prevent erosion of outlets, adjacent stream banks, X slopes and downstream conveyance systems? 9 Are waste materials and demolition Control debris handled and disposed of to X Pollutants prevent contamination of stormwater? Has cover been provided for all chemicals, liquid products, petroleum products, and other material? Has secondary containment been provided capable of containing 110% of the volume? Were contaminated surfaces cleaned immediately after a spill incident? Were BMPs used to prevent contamination of stormwater by a pH modifying sources? Crews covering site stockpile with plastic X Crews covered bare soil slopes with plastic X X X X X X X X Action required (describe in section F) Page 28 of 46 Page 3 2024 CWA NPDES WAR312688 Inspection Report Construction Stormwater Site Inspection Form Element # Inspection BMPs Inspected yes no n/a 9 Wheel wash wastewater is handled Cont. and disposed of properly. X 10 Concrete washout in designated areas. Control No washout or excess concrete on the X Dewatering ground. Dewatering has been done to an approved source and in compliance X with the SWPPP. Were there any clean non turbid X dewatering discharges? 11 Are all temporary and permanent Maintain erosion and sediment control BMPs X BMP maintained to perform as intended? 12 Has the project been phased to the Manage the maximum degree practicable? X Project Has regular inspection, monitoring and maintenance been performed as X required by the permit? Has the SWPPP been updated, implemented and records maintained? X 13 Is all Bioretention and Rain Garden Protect LID Facilities protected from X sedimentation with appropriate BMPs? Is the Bioretention and Rain Garden protected against over compaction of construction equipment and foot X traffic to retain its infiltration capabilities? Permeable pavements are clean and free of sediment and sediment laden- water runoff. Muddy construction X equipment has not been on the base material or pavement. Have soiled permeable pavements been cleaned of sediments and pass infiltration test as required by X stormwater manual methodology? Heavy equipment has been kept off existing soils under LID facilities to X retain infiltration rate. BMP comments/ observations BMP failed Action required (describe in section F) Page 29 of 46 Page 4 2024 CWA NPDES WAR312688 Inspection Report Construction Stormwater Site Inspection Form E. Check all areas that have been inspected. All in place BMPs X All disturbed soils X All concrete wash out area X All material storage areas X All discharge locations X All equipment storage areas All construction entrances/exits X F. Elements checked "Action Required" (section D) describe corrective action to be taken. List the element number; be specific on location and work needed. Document, initial, and date when the corrective action has been completed and inspected. Element Description and Location Action Required Completion Initials # Date 2 Severe track out observed from off-road Crews should install additional haul truck traffic construction access sediment control bmp's to reduce track out Attach additional page if needed. Sign the following certification: "I certify that this report is true, accurate, and complete, to the best of my knowledge and belief." Inspected by: (print) James Mays-McIver Title/Qualification of Inspector: Site CESCL (Signature) James Mays-McIver Date: 12/5/2023 -Turbid water accumulating at southeastern site culvert Page 30 of 46 Page 5 2024 CWA NPDES WAR312688 Inspection Report Construction Stormwater Site Inspection Form Project Name Fagerlie Subdivision Permit # WAR312688 Inspection Date 12/6/2023 Time 11:30AM Name of Certified Erosion Sediment Control Lead (CESCL) or qualified inspector if less than one acre Print Name: James Mays-McIver CESCL #EF8184514 Approximate rainfall amount since the last inspection (in inches): 0.91 Approximate rainfall amount in the last 24 hours (in inches): 0.91 Current Weather Clear Cloudy Mist Rain Wind Fog A. Type of inspection: Weekly Post Storm Event Other B. Phase of Active Construction (check all that apply): Pre-construction/installation of erosion/sediment X Clearing/demo/grading X Infrastructure/storm/roads X Concrete pours Vertical construction/buildings Utilities Offsite improvements Site temporary stabilized Final stabilization C. Questions: 1. Were all areas of construction and discharge points inspected? Yes X No 2. Did you observe the presence of suspended sediment, turbidity, discoloration, or oil sheen Yes X No 3. Was a water quality sample taken during inspection? (refer to permit conditions S4 & S5) Yes X No 4. Was there a turbid discharge 250 NTU or greater, or Transparency 6 cm or less?* Yes No X 5. If yes to #4 was it reported to Ecology? Yes No 6. Is pH sampling required? pH range required is 6.5 to 8.5. Yes X No If answering yes to a discharge, describe the event. Include when, where, and why it happened; what action was taken, and when. Turbid discharge observed in vegetated public swale along southeastern Williams Rd. *If answering yes to # 4 record NTU/Transparency with continual sampling daily until turbidity is 25 NTU or less/ transparency is 33 cm or greater. Sampling Results: Date: 12/6/23 Parameter Method (circle one) Result Other/Note NTU cm pH Turbidity tube, meter, laboratory 119 6.5 Sampled from public swale along Williams Rd. pH Paper, kit, meter Page 31 of 46 Page 1 2024 CWA NPDES WAR312688 Inspection Report Construction Stormwater Site Inspection Form D. Check the observed status of all items. Provide "Action Required "details and dates. Element # Inspection BMPs Inspected yes no n/a BMP comments/ observations 1 Before beginning land disturbing Clearing activities are all clearing limits, Limits natural resource areas (streams, X wetlands, buffers, trees) protected with barriers or similar BMPs? (High visibility recommended) 2 Construction access is stabilized Construction with quarry spalls or equivalent Access BMP to prevent sediment from X being tracked onto roads? Perimeter silt fence established Severe track out observed from offroad haul truck traffic Sediment tracked onto the Crews flushed roadway was cleaned thoroughly at X the end of the day or more roadway using water truck and sweeper frequent as necessary. 3 Are flow control measures installed Straw waddle check Control Flow to control stormwater volumes and dams installed in Rates velocity during construction and do X they protect downstream public swale properties and waterways from erosion? If permanent infiltration ponds are used for flow control during X construction, are they protected from siltation? 4 All perimeter sediment controls Sediment (e.g. silt fence, wattles, compost Controls socks, berms, etc.) installed, and X maintained in accordance with the Stormwater Pollution Prevention Plan (SWPPP). Sediment control BMPs (sediment ponds, traps, filters etc.) have been X constructed and functional as the first step of grading. Stormwater runoff from disturbed areas is directed to sediment X removal BMP. 5 Have exposed un-worked soils Crews should cover Stabilize been stabilized with effective BMP bare un-worked soils Soils to prevent erosion and sediment X after 48 hours of deposition? inactivity. BMP failed Yes Action required (describe in section F) Crews should install additional crushed rock to reduce track out Page 32 of 46 Page 2 2024 CWA NPDES WAR312688 Inspection Report Construction Stormwater Site Inspection Form Element # Inspection BMPs Inspected yes no n/a BMP comments/ observations BMP failed 5 Are stockpiles stabilized from erosion, Stabilize Soils protected with sediment trapping Cont. measures and located away from drain X inlet, waterways, and drainage channels? Have soils been stabilized at the end of the shift, before a holiday or weekend if needed based on the weather forecast? Has stormwater and ground water 6 Protect been diverted away from slopes and X disturbed areas with interceptor dikes, Slopes pipes and or swales? Is off-site storm water managed separately from stormwater generated on the site? Is excavated material placed on uphill side of trenches consistent with safety and space considerations? Have check dams been placed at regular intervals within constructed channels that are cut down a slope? 7 Storm drain inlets made operable Drain Inlets during construction are protected. Are existing storm drains within the influence of the project protected? 8 Have all on-site conveyance channels Stabilize been designed, constructed, and Channel and stabilized to prevent erosion from X Outlets expected peak flows? Is stabilization, including armoring material, adequate to prevent erosion of outlets, adjacent stream banks, X slopes and downstream conveyance systems? 9 Are waste materials and demolition Control debris handled and disposed of to X Pollutants prevent contamination of stormwater? Has cover been provided for all chemicals, liquid products, petroleum products, and other material? Has secondary containment been provided capable of containing 110% of the volume? Were contaminated surfaces cleaned immediately after a spill incident? Were BMPs used to prevent contamination of stormwater by a pH modifying sources? Crews covering site stockpile with plastic X Crews covered bare soil slopes with plastic X X X X X X X X Action required (describe in section F) Page 33 of 46 Page 3 2024 CWA NPDES WAR312688 Inspection Report Construction Stormwater Site Inspection Form Element # Inspection BMPs Inspected yes no n/a 9 Wheel wash wastewater is handled Cont. and disposed of properly. X 10 Concrete washout in designated areas. Control No washout or excess concrete on the X Dewatering ground. Dewatering has been done to an approved source and in compliance X with the SWPPP. Were there any clean non turbid X dewatering discharges? 11 Are all temporary and permanent Maintain erosion and sediment control BMPs X BMP maintained to perform as intended? 12 Has the project been phased to the Manage the maximum degree practicable? X Project Has regular inspection, monitoring and maintenance been performed as X required by the permit? Has the SWPPP been updated, implemented and records maintained? X 13 Is all Bioretention and Rain Garden Protect LID Facilities protected from X sedimentation with appropriate BMPs? Is the Bioretention and Rain Garden protected against over compaction of construction equipment and foot X traffic to retain its infiltration capabilities? Permeable pavements are clean and free of sediment and sediment laden- water runoff. Muddy construction X equipment has not been on the base material or pavement. Have soiled permeable pavements been cleaned of sediments and pass infiltration test as required by X stormwater manual methodology? Heavy equipment has been kept off existing soils under LID facilities to X retain infiltration rate. BMP comments/ observations BMP failed Action required (describe in section F) Page 34 of 46 Page 4 2024 CWA NPDES WAR312688 Inspection Report Construction Stormwater Site Inspection Form E. Check all areas that have been inspected. All in place BMPs X All disturbed soils X All concrete wash out area X All material storage areas X All discharge locations X All equipment storage areas All construction entrances/exits X F. Elements checked "Action Required" (section D) describe corrective action to be taken. List the element number; be specific on location and work needed. Document, initial, and date when the corrective action has been completed and inspected. Element Description and Location Action Required Completion Initials # Date 2 Severe track out observed from off-road Crews should install additional haul truck traffic construction access sediment control bmp's to reduce track out Attach additional page if needed. Sign the following certification: "I certify that this report is true, accurate, and complete, to the best of my knowledge and belief." Inspected by: (print) James Mays-McIver Title/Qualification of Inspector: Site CESCL (Signature) James Mays-McIver Date: 12/6/2023 -Discharging incoming turbid water up vegetated slope to recycle back Page 35 of 46 Page 5 Washington State Department of Ecology Discharge Moni2t0o2r4iCnWgA RNPeDpESoWrtAR(D31M268R8 I)nspection Page: Report 1 of 1 Permit Number: WAR312688 Permittee: Fagerlie Subdivision Facility County: Snohomish Receiving Waterbody: Pilchuck River Monitoring Period: 12/01/2023 - 12/31/2023 Outfall: A1 - Pilchuck River Version: 1 Monitoring Week Point A1 A1 2-Th 12/7/23 122 6.5 2-F 12/8/23 73 6.5 3-M 12/11/23 21.58 6.5 4-Th 12/21/23 11.42 6.5 5-W 12/27/23 15.84 6.5 Minimum BM: >= 6.5 (RO) Maximum BM: <= 25 (RO) BM: <= 8.5 (RO) BMPs Monitoring Point Week BMP 2 Check Dams 2 Other 2 Sediment Trap 2 Silt Fence 2 Straw Wattles 3 Check Dams 3 Other 3 Sediment Trap 3 Silt Fence 3 Straw Wattles 4 Check Dams 4 Other 4 Sediment Trap 4 Silt Fence 4 Straw Wattles 5 Check Dams 5 Other 5 Sediment Trap 5 Silt Fence 5 Straw Wattles I certify under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. Patrick McCourt Signature 1/10/2024 10:41:46 AM Date Page 36 of 46 2024 CWA NPDES WAR312688 Inspection Report Attachment E Updated Site Map Page 37 of 46 2024 CWA NPDES WAR312688 Inspection Report Page 38 of 46 2024 CWA NPDES WAR312688 Inspection Report Attachment F Post-Inspection Photographs of BMP Maintenance Performed in Response to the Inspection Page 39 of 46 2024 CWA NPDES WAR312688 Inspection Report Page 40 of 46 2024 CWA NPDES WAR312688 Inspection Report Page 41 of 46 2024 CWA NPDES WAR312688 Inspection Report Page 42 of 46 2024 CWA NPDES WAR312688 Inspection Report Page 43 of 46 2024 CWA NPDES WAR312688 Inspection Report Page 44 of 46 2024 CWA NPDES WAR312688 Inspection Report Page 45 of 46 2024 CWA NPDES WAR312688 Inspection Report Page 46 of 46