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Clean Water Act Section 404: Site Visit/Case Development For inspections authorized pursuant to Clean Water Act sections 308 and 404 (33 U.S.C. 1318 and 1344) This report includes only factual information gained by documentation, onsite observations, and/or onsite interviews. Stephanie Andreescu Inspector Name(s) Seika Robinson (in-training) Austin Jepsky (in-training) Time In 10:20 AM Start Date August 26, 2022 Time Out 12:19 PM End Date August 26, 2022 Inspector's Organization U.S. EPA Region 2 Organization Requesting Inspection (if different) Ms. Natalie Browne (bye-mail) New York Department of Environmental Conservation Inspection Type CWA Section Mr. Michael Fraatz (bye-mail) N ew York Department of Environmental C4on0ser4vatioIn nspection Mr. James Campbell (bye-mail) Town of Newburgh Code Compliance Site Name Dick's Concrete Inspection Status Original Site Address* 1053 County Road 37 (Pellets Island Road) and 1326 Co Route 12 City* New Hampton, Wawayanda County* Orange State* NY Zip Code* 10958 Latitude/Longitude* 41.3812, -74.4191 Is there a home on the site? Yes No Inspector Signature Supervisor Signature Digitally signed by Andreescu, Stephanie Date: 2022.11.03 14:35:17 -04'00' MARCO Digitally signed by MARCO FINOCCHIARO FINOCCHIARO D08a:t4e7::23022-20.51'10.00'7 Estimated Size of Site (acres) 85.8 ac (12.4 + 73.4 ac) Date 11/3/22 Date 11/7/22 Effective June 2019 Page 1 of 5 Clean Water Act Section 404: Site Visit/Case Develoment For inspections authorized pursuant to Clean Water Act sections 308 and 404 (33 U.S.C. 1318 and 1344) Site Name Dick's Concrete Start Date August 26, 2022 End Date August 26, 2022 Inspection Purpose Initial site visit Presentation of Inspector Credentials Opening Conference Name and Title (Use N/A if owner/operator not available to join the inspection) Credentials were presented to Richard Penaluna of Dick's Concrete. Opening Conference Name of person authorizing access if applicable I spoke with Renee, a representative of Dick's Concrete Co. Inc. over the phone to arrange the inspection. Richard Penaluna met us for the inspection. Notes from Opening Conference EPA explained the reason for the inspection and exchanged contact information with Mr. Penaluna. Access Issues if Any Describe N/A Inspection Observations and Sample Collection Site Owner* (Name, title and contact information) Dick's Concrete Co Inc. (17-1-36.1) and Pena Farm, LLC (17-1-105) Additional Persons Present at Inspection Richard Penaluna, Dick's Concrete Co., Inc. General Site Characteristics (layout of property, etc.) The site is comprised of two parcels: 17-1-36.1 (12.4 acres), which is owned by Dick's Concrete Co Inc. and 17-1-105 (73.4 acres), which is owned by Pena Farm, LLC. Both companies are run by Barbara Penaluna. The Dick's Concrete Co Inc. property has frontage along County Road 37 on the north side of the property. It is bordered on the east by three small parcels and on the south and west by the Pena Farm, LLC parcel. An agricultural ditch, a historically-straightened perennial stream (see Site Overview section, below), flows east along the southern boundary to its confluence with the Wallkill River, approximately 700 linear feet downstream. The property is the site of a business that supplies ready-mix concrete and aggregate. Most of the property is developed and includes, but is not limited to, an access driveway, parking lot, offices, processing areas, and storage areas. The Pena Farm, LLC property has frontage along County Road 37 and County Route 12. It is bordered on the west by County Route 12, on the east by Onion Avenue, on the north by the County Road 37 and the Dick's Concrete Co Inc. parcel, and on the south by other parcels. Most of the property is undeveloped and leased for farming. Agricultural ditches cross much of the property. There are also some scrub-shrub/forested areas on the parcel. One such area, located south of the Dick's Concrete Co Inc. property, has recently been disturbed from filling for the expansion of the supply business. Effective June 2019 Page 2 of 5 Clean Water Act Section 404: Site Visit/Case Develoment For inspections authorized pursuant to Clean Water Act sections 308 and 404 (33 U.S.C. 1318 and 1344) Site Name Dick's Concrete Start Date August 26, 2022 End Date August 26, 2022 Site Overview (Past inspections, site description, permits, etc.) While the U.S. Army Corps of Engineers (Corps) has not issued a jurisdictional determination (JD) on either parcel, in 2004, the Corps did issue a JD on a neighboring property to the west. The JD covered wetlands associated with streams that form the upstream portion of the agricultural ditch that runs along the southern boundary of the Dick's Concrete expansion. The Corps verified that wetlands on the neighboring property were jurisdictional and drained to an unnamed perennial tributary that flowed to the Wallkill River. The unnamed perennial tributary enters and then flows through the Pena Farms parcel as a channelized watercourse/agricultural ditch. EPA's Wetland Protection Section had not visited the site prior to this inspection. Scope of Inspection (Areas inspected or not inspected) EPA's inspection was mostly limited to the area on the Pena Farms parcel where the Dick's Concrete concrete and aggregate supply business had expanded operations south. Environmental Conditions (e.g., wind, rain, smoke, dust, temperature, snow) low 80's, partly cloudy, below-normal precipitation Effective June 2019 Page 3 of 5 Clean Water Act Section 404: Site Visit/Case Develoment For inspections authorized pursuant to Clean Water Act sections 308 and 404 (33 U.S.C. 1318 and 1344) Site Name Dick's Concrete Start Date August 26, 2022 End Date August 26, 2022 Field Work Conducted Data recorded during the inspection included GPS data, photographs, handwritten notes, and two soil samples. EPA started the inspection at the Dick's Concrete parking lot off of Pellets Island Road/County Road 37. EPA observed basins surrounded by wetland vegetation along the western border of the property. EPA walked south to the Pena Farm, LLC parcel where fill material consisting of dirt and rock had been spread on the property to expand facility operations. The area was undeveloped and flat with the exception of piles of dirt, rock, and concrete. A berm measuring 15+ feet high surrounded the southwestern portion of the expansion area, separating it from agricultural channels to the south and west. Early successional plants had colonized portions of the area. Mr. Penaluna explained that the prior owner had constructed a berm several feet high to prevent runoff from entering the surrounding channels and that Dick's Concrete had added material to the top of the berm in some areas. EPA observed upland trees on and near the berm including, but not limited to, black walnut and staghorn sumac. Phragmites, an herbaceous wetland plant, was also observed between the berm and the agricultural channels. EPA took two soil samples. The first soil sample, located in a scrub-shrub/herbaceous area east of the expansion, was found to not be in a wetland due to a lack of hydrological indicators. The second soil sample, located between the berm and an agricultural channel south of the expansion area was also found to not be in a wetland. EPA observed water in the agricultural channel south of the expansion area. The channel flows east to the Wallkill River. Closing Conference Documents Received and/or Requested During the Inspection N/A Compliance Assistance Provided (If any) N/A Observations Relayed to Site Owner/Operator N/A Actions Taken by Owner/Operator During the Inspection (If any) N/A Potential Issues of Concern Including Regulatory Citations Fill material has been potentially discharged to wetlands on the Pena Farm, LLC property. Maps and Sketches Photographs (including location) and Photo Log Other Attachments* Effective June 2019 Page 4 of 5 Site Name Clean Water Act Section 404: Site Visit/Case Develoment For inspections authorized pursuant to Clean Water Act sections 308 and 404 (33 U.S.C. 1318 and 1344) Dick's Concrete Start Date August 26, 2022 End Date August 26, 2022 Additional Notes Effective June 2019 Page 5 of 5  2021 Imagery SS1 Soil Sample SS2 Soil Sample 0 250 500 1,000 Feet NYS ITS GIS Program Office Dick's Concrete Co. Inc. and Pena Farm LLC Properties 1053 Co Road 37, New Hampton, Orange County, NY EPA 8/26/2022 GPS Point Parcel Boundary CWA 404 Inspection Photolog Dick's Concrete 1053 Co Rd 37 and 1326 Co Rt 12 Orange County, NY August 26, 2022 1 Dick's Concrete, New Hampton, Orange County, NY Date: Time: Photographer: Photo ID: 8/26/2022 10:26 AM SSA 1 - P8260369 Description: Parking and entrance to Dick's Concrete facility 2 Dick's Concrete, New Hampton, Orange County, NY Date: Time: Photographer: Photo ID: 8/26/2022 10:29 AM SSA 2 - P8260370 Description: Man-made pond/basin on western edge of Dick's Concrete property 3 Dick's Concrete, New Hampton, Orange County, NY Date: Time: Photographer: Photo ID: 8/26/2022 10:33 AM SSA 3 - P8260371 Description: Facility expansion area, disposal area for returned concrete 4 Dick's Concrete, New Hampton, Orange County, NY Date: Time: Photographer: Photo ID: 8/26/2022 10:33 AM SSA 4 - P8260372 Description: Facility expansion area, disposal area for returned concrete 5 Dick's Concrete, New Hampton, Orange County, NY Date: Time: Photographer: Photo ID: 8/26/2022 10:35 AM SSA 5 - P8260373 Description: Southern border of expansion area; berm in background 6 Dick's Concrete, New Hampton, Orange County, NY Date: Time: Photographer: Photo ID: 8/26/2022 10:35 AM SSA 6 - P8260374 Description: Southern border of expansion area; berm in background 7 Date: Time: Photographer: Photo ID: 8/26/2022 10:37 AM SSA 7 - P8260375 Description: Border of facility expansion area Dick's Concrete, New Hampton, Orange County, NY 8 Dick's Concrete, New Hampton, Orange County, NY Date: Time: Photographer: Photo ID: 8/26/2022 10:37 AM SSA 8 - P8260376 Description: Border of facility expansion area; berm in background 9 Dick's Concrete, New Hampton, Orange County, NY Date: Time: Photographer: Photo ID: 8/26/2022 10:37 AM SSA 9 - P8260377 Description: Border of facility expansion area; berm in background 10 Dick's Concrete, New Hampton, Orange County, NY Date: Time: Photographer: Photo ID: 8/26/2022 10:41 AM SSA 10 - P8260378 Description: Area adjacent to facility expansion area; area not impacted by expansion 11 Dick's Concrete, New Hampton, Orange County, NY Date: Time: Photographer: Photo ID: 8/26/2022 10:41 AM SSA 11 - P8260379 Description: Photo taken from top of berm facing facility 12 Date: Time: Photographer: Photo ID: 8/26/2022 10:41 AM SSA 12 - P8260380 Description: Photo taken from top of berm Dick's Concrete, New Hampton, Orange County, NY 13 Dick's Concrete, New Hampton, Orange County, NY Date: Time: Photographer: Photo ID: 8/26/2022 10:44 AM SSA 13 - P8260381 Description: Channel that runs along southern border of expansion area on other side of berm 14 Dick's Concrete, New Hampton, Orange County, NY Date: Time: Photographer: Photo ID: 8/26/2022 10:46 AM SSA 14 - P8260382 Description: Channel that runs along southern border of expansion area; surface water in channel 15 Date: Time: Photographer: Photo ID: 8/26/2022 10:58 AM SSA 15 - P8260383 Description: Area around Soil Pit #1 (SS1) Dick's Concrete, New Hampton, Orange County, NY 16 Date: Time: Photographer: Photo ID: 8/26/2022 11:00 AM SSA 16 - P8260384 Description: Area around Soil Pit #1 (SS1) Dick's Concrete, New Hampton, Orange County, NY 17 Date: Time: Photographer: Photo ID: 8/26/2022 11:00 AM SSA 17 - P8260385 Description: Area around Soil Pit #1 (SS1) Dick's Concrete, New Hampton, Orange County, NY 18 Date: Time: Photographer: Photo ID: 8/26/2022 11:00 AM SSA 18 - P8260386 Description: Area around Soil Pit #1 (SS1) Dick's Concrete, New Hampton, Orange County, NY 19 Date: Time: Photographer: Photo ID: 8/26/2022 11:00 AM SSA 19 - P8260387 Description: Area around Soil Pit #1 (SS1) Dick's Concrete, New Hampton, Orange County, NY 20 Date: Time: Photographer: Photo ID: 8/26/2022 11:00 AM SSA 20 - P8260388 Description: Area around Soil Pit #1 (SS1) Dick's Concrete, New Hampton, Orange County, NY 21 Date: Time: Photographer: Photo ID: 8/26/2022 11:04 AM SSA 21 - P8260389 Description: Soil Pit #1 (SS1) soil profile Dick's Concrete, New Hampton, Orange County, NY 22 Date: Time: Photographer: Photo ID: 8/26/2022 11:04 AM SSA 22 - P8260390 Description: Soil Pit #1 (SS1) soil profile Dick's Concrete, New Hampton, Orange County, NY 23 Date: Time: Photographer: Photo ID: 8/26/2022 11:04 AM SSA 23 - P8260391 Description: Soil Pit #1 (SS1) soil profile Dick's Concrete, New Hampton, Orange County, NY 24 Date: Time: Photographer: Photo ID: 8/26/2022 11:04 AM SSA 24 - P8260392 Description: Soil Pit #1 (SS1) soil profile Dick's Concrete, New Hampton, Orange County, NY 25 Date: Time: Photographer: Photo ID: 8/26/2022 11:31 AM SSA 25 - P8260393 Description: Area around Soil Pit #2 (SS2) Dick's Concrete, New Hampton, Orange County, NY 26 Date: Time: Photographer: Photo ID: 8/26/2022 11:31 AM SSA 26 - P8260394 Description: Area around Soil Pit #2 (SS2) Dick's Concrete, New Hampton, Orange County, NY 27 Date: Time: Photographer: Photo ID: 8/26/2022 11:31 AM SSA 27 - P8260395 Description: Area around Soil Pit #2 (SS2) Dick's Concrete, New Hampton, Orange County, NY 28 Date: Time: Photographer: Photo ID: 8/26/2022 11:31 AM SSA 28 - P8260396 Description: Area around Soil Pit #2 (SS2) Dick's Concrete, New Hampton, Orange County, NY 29 Date: Time: Photographer: Photo ID: 8/26/2022 11:31 AM SSA 29 - P8260397 Description: Area around Soil Pit #2 (SS2) Dick's Concrete, New Hampton, Orange County, NY 30 Date: Time: Photographer: Photo ID: 8/26/2022 11:31 AM SSA 30 - P8260398 Description: Area around Soil Pit #2 (SS2) Dick's Concrete, New Hampton, Orange County, NY 31 Date: Time: Photographer: Photo ID: 8/26/2022 11:37 AM SSA 31 - P8260399 Description: Soil Pit #2 (SS2) soil profile Dick's Concrete, New Hampton, Orange County, NY 32 Date: Time: Photographer: Photo ID: 8/26/2022 11:37 AM SSA 32 - P8260400 Description: Soil Pit #2 (SS2) soil profile Dick's Concrete, New Hampton, Orange County, NY 33 Date: Time: Photographer: Photo ID: 8/26/2022 11:37 AM SSA 33 - P8260401 Description: Soil Pit #2 (SS2) soil profile Dick's Concrete, New Hampton, Orange County, NY 34 Date: Time: Photographer: Photo ID: Description: Area near berm 8/26/2022 11:55 AM SSA 34 - P8260402 Dick's Concrete, New Hampton, Orange County, NY 35 Dick's Concrete, New Hampton, Orange County, NY Date: Time: Photographer: Photo ID: 8/26/2022 11:59 AM SSA 35 - P8260403 Description: SW corner of expansion area; area on top of berm 36 Dick's Concrete, New Hampton, Orange County, NY Date: Time: Photographer: Photo ID: 8/26/2022 12:00 PM SSA 36 - P8260404 Description: SW corner of expansion area; area on top of berm 37 Dick's Concrete, New Hampton, Orange County, NY Date: Time: Photographer: Photo ID: 8/26/2022 12:00 PM SSA 37 - P8260405 Description: SW corner of expansion area; area on top of berm 38