Document n9ORG1qr3kg9oer957p07R4gz

Report Title: Inspection Date(s): Start Time: Regulatory Program(s): Clean Water Act, Section 404 Inspection Report for the Lackawanna College Site 10/12/2023 10:30AM End Time: 11:30AM Inspections authorized pursuant to Clean Water Act, Sections 308 and 404 (33 U.S.C. 1318 and 1344) Site Name: Site Location: Latitude: County/Parish: Lackawanna College 2390 State Route 848 New Milford, PA 18834 41.825499 N Susquehanna Longitude: - 75.681533 W Site Owner: Mailing Address: Lackawanna College 501 Vine Street Scranton, PA 18509 DSB-ID: ECAD-666 Site Contact(s): Ryan Doughton, Project Manager Phone: (570) 287-3178 Email: rdoughton@trade-eastern.com EPA Inspector: Monica Crosby, Inspector, 3ED32 Phone: (410) 305-2930 Email: crosby.monica@epa.gov Report Preparer Signature/Date Supervisor Signature/Date MONICA CROSBY Digitally signed by MONICA CROSBY Date: 2023.11.15 10:40:13 -05'00' Monica Crosby, Inspector (3ED32) U.S. EPA Region 3 RENEE BRYANT Digitally signed by RENEE BRYANT Date: 2023.11.15 14:58:46 -05'00' Renee Bryant, SDWA and Wetlands Chief (3ED31) U.S. EPA Region 3 CWA Section 404 Inspection 10/12/2023 Table of Contents Section Page I Introduction................................................................................................ 3 A Site Identification....................................................................................... 3 B Weather and Environmental Conditions.................................................... 3 C Inspection Opening Conference................................................................. 4 II Site Activity................................................................................................ 4 III Observations............................................................................................... 4 IV Records Review.......................................................................................... 6 V Closing Conference.................................................................................... 6 A Overview.................................................................................................... 6 Observations Relayed to Site B Representative............................................. 6 VI List of Appendices.................................................................................... 7 DSB-ID: ECAD-666 Page 2 of 7 CWA Section 404 Inspection 10/12/2023 I. Introduction In May 2022, The U.S. Environmental Protection Agency, Region 3 ("EPA") entered an Administrative Order on Consent ("AOC") with Lackawanna College ("Lackawanna") (Docket No. CWA-03-2022-0123DW). The AOC addressed violations under Section 301 of the Clean Water Act ("CWA") as a result of the unauthorized discharge of dredged and fill material into waters of the United States in violation of Section 404 of the CWA at a site in Susquehanna County, Pennsylvania, where Lackawanna had constructed a parking lot and classroom buildings. TradeEastern, LLC ("Trade-Eastern") is the consultant group retained by Lackawanna to develop and implement the compliance and restoration work at the Lackawanna site. This inspection was conducted by the EPA to field-verify that fill is removed to appropriate grade before wetland restoration activities may proceed, pursuant to paragraph 12.d.iv. of the AOC. The scheduling and detail of the inspection was coordinated via email between Monica Crosby (EPA) and Ryan Doughton (Trade-Eastern) from October 5, 2023, to October 10, 2023. A. Site Identification The inspection was conducted at Lackawanna College satellite campus located at 2390 State Route 848 in New Milford, Pennsylvania ("Site"). The Site is currently owned by Lackawanna College but is actively moving towards being sold to an independent third-party. The Site is approximately 1-acre and is bisected by an unnamed relatively permanent tributary of Nine Parkers Creek ("Unnamed Tributary"). The Site is further identified in map provided in Appendix A. B. Weather and Environmental Conditions The weather conditions for the day of the inspection, Thursday, October 12, 2023, were clear and sunny with a recorded high temperature of 63 F at the New Milford Station (US1PASS0016). In the 6-day period preceding the inspection there were two days of recorded rainfall at US1PASS0016, according to the National Oceanic & Atmospheric Administration's Record of Climatological Observations as shown in Table 1 below. Table 1. Seven Day Precipitation Data for the Site Date 10/6/ 2023 10/7/2023 10/8/2023 10/9/2023 10/10/2023 10/11/2023 10/12/2023 (Inspection) Precipitation (inches) 0.04 0.00 0.00 0.931 0.00 0.00 --0.021 DSB-ID: ECAD-666 Page 3 of 7 CWA Section 404 Inspection 10/12/2023 1. MDPR = Multiday precipitation total (mm or inches as per user preference; use with DAPR and DWPR, if available) Where DAPR = Number of days included in MDPR and DWPR = Number of days with non-zero precipitation included in MDPR. C. Inspection Opening Conference The EPA inspectors and Trade-Eastern representatives arrived onsite at approximately 10:30 AM. The inspection attendees are identified in Table 2 below. The lead EPA inspector, Monica Crosby, presented her credentials to the attendees at the outset of the inspection and explained that the purpose of the inspection was to document the conditions on the Site and determine if fill onsite had been removed to appropriate grade, in accordance with the AOC. Trade-Eastern explained the recent activity onsite and provided EPA with a copy Fill Removal Tracking sheet, as well as a copy of the Wetland Meadow Seed Mix that Trade-Eastern planned to use onsite. Should the Site find it applicable, the U.S. EPA Small Business Resources Information Sheet can be found at https://www.epa.gov/sites/production/files/201706/documents/smallbusinessinfo.pdf. Table 2. Inspection Attendees Name Monica Crosby Laura Mathew Ryan Doughton Brian Costanzo Affiliation EPA Region 3 EPA Region 3 Project Manager, Trade - Eastern Vice President for External/Gov't Affairs & Special Projects - Lackawanna College E-mail crosby.monica@epa.gov mathew.laura@epa.gov rdoughton@trade-eastern.com costanzob@lackawanna.edu II. Site Activity The Site was constructed in 2009 as a satellite campus for Lackawanna College's Petroleum and Natural Gas program. This included the construction of a parking lot and education buildings. At the time of the Inspection, Lackawanna was working to lease this property to an independent party, ICS, which would serve as a mental health clinic. II.Observations Photographs were taken during the inspection by Laura Mathew and are included as Appendix B. Following the opening conference, the inspectors traveled to the southeast part of the Site to observe the removed fill from the area designated as R-2 in Lackawanna's Restoration Plan, which is contained in Appendix C (Appendix B, IMG_1617). According to the Project Manager, DSB-ID: ECAD-666 Page 4 of 7 CWA Section 404 Inspection 10/12/2023 Trade-Eastern contractors were going to remove some rock and gently till the top two inches of soil before seeding. The EPA Inspection Team observed the southern portion of R-2 and found the soil to be very wet and holding water. Additionally, the EPA Inspection Team noted the drainage pattern into the adjacent wetland and the Unnamed Tributary (Appendix B, IMG_1618 and 1620). The EPA Inspection Team collected a soil boring ("BOR-1") at 75.6811372W 41.8256214N and observed moist soil with a loose consistence and a slightly mixed matrix of 95% 7.5YR 3/1 and 5% 7.5YR 5/8 (Appendix B, IMG_1621). The EPA Inspection Team moved northward along R-2, observing the soil in the northwest region of R-2 to be excessively compact and very difficult to break apart (Appendix B, IMG_1621). During the Inspection, this was relayed to the Site's Project Manager who responded that while they didn't intentionally compact the soil, it is possible that one of their trucks drove in the area when removing or placing fill and accidentally compacted the soil as a result. Towards the northeastern portion of R-2, the EPA Inspection Team attempted to take a soil boring but was unable to dig deeper than four inches due to the presence of a large rock material, similar to a slab of concrete, spanning several feet in this section. EPA asked the Site's Project Manager if he knew of any fill historically being placed in this area that could have contributed to the hard rock layer. The Project Manager was not sure but replied that they would consider tilling the top six inches of soil, as opposed to the top two inches, to break up that material in the northeastern portion of R-2. The inspectors walked north towards R-1 where they observed the holding tank that is to remain in place (Appendix B, IMG_1625). At the time of the Inspection, certain areas of R-1 were holding water (Appendix B, IMG_1622). The Project Manager informed the EPA Inspection Team that when removing fill in R-1, the contractors hit a manhole that they did not know was there. The Project Manager was not certain on the manhole's origin or outlet, but suspected it carried flow from the holding tank onsite and carried it to the adjacent wetland (Appendix B, IMG_1623 and IMG_1626). On the western side of R-1, the EPA Inspection Team observed stone riprap that the Project Manager stated would carry flow from the road and into the wetland (Appendix B, IMG_1624). A soil-boring ("BOR-2") was collected in R-1 at 41.8258353N, 075.6818726W. Between 0-6 inches the soil profile was described as having a silty loam texture with a mixed matrix of 80% 2.5YR 5/1 and 20% 10YR 4/6. (Appendix B, IMG_1627). The EPA Inspection Team then walked towards the northeastern section of R-1 and collected a third soil boring ("BOR-3") at 75.6820928W 41.8261233N. At 0-6 inches, BOR-3 was described as having a silty loam texture with a mixed matrix of 70% 2.5YR 5/1 and 30% 2.5YR 5/6 (Appendix B, IMG_1628). DSB-ID: ECAD-666 Page 5 of 7 CWA Section 404 Inspection 10/12/2023 The EPA Inspection Team then headed west towards the northwestern section of R-1. The Project Manager explained that this area was technically not at pre-disturbed grade and inquired if that was acceptable. It was further explained that, as per the restoration plan, the pre-disturbed grade showed a sudden and significant drop in topography that didn't align with the adjacent wetland. The Project Manager opted to gradually flatten out the upland slop of this section and line the parameter up with the adjacent wetland, justifying that this looked more natural (Appendix B, IMG_1629 and IMG_1630). EPA informed the Project Manager that they would have to review their records offsite to determine if this was appropriate or not. A fourth soil boring was collected in this area ("BOR-4") at 075.6822771W 41.8259596N. The EPA Inspection Team observed fill material from 0 to 6 inches. At 10 inches from the ground surface, a low percentage of redox features were observed in the soil profile. No standing water was observed. The soil was moist and described as having a sandy silt texture and a mixed matrix of 90% 5YR 5/1 and 10% 7.5YR 5/8 (Appendix B, IMG_1631). IV. Records Review A review of Site records was not a component of the inspection; therefore, EPA is not expecting to access business records, including confidential business information ("CBI"). If the Site/facility owner wants to make a CBI claim on information or photographs collected by the inspector during the inspection, he can submit a claim to EPA. After the Site/facility notifies EPA of the CBI, EPA representatives will mark the CBI as such, and it will be handled as CBI according to EPA's procedures. V. Closing Conference A. Overview The Closing Conference was conducted at the conclusion of the walkthrough at approximately 11:15 am. The EPA relayed the findings as discussed in Section B below to the Project Manager and stated that an inspection report would be completed and disseminated within 60 days. B. Observations Relayed to Site Representative The EPA Inspection Team summarized the observations and stated that a compliance determination had not been made and would not be included as a component of the inspection or report. The inspectors discussed the condition of the Site and steps going forward in accordance with the AOC. Soil observed in the northwest section of R-2 was excessively compact and extremely difficult to break apart. EPA recommends that decompaction of the soil, such as the tilling discussed, be implemented, prior to planting. Soil compaction has the potential to limit vegetation growth necessary to meet performance standards. DSB-ID: ECAD-666 Page 6 of 7 CWA Section 404 Inspection 10/12/2023 A soil-boring was unable to be collected in the northeast section of R-2 because there was large rock material throughout several feet of this section. Lackawanna may want to consider if additional removal of rock may be necessary in this area to ensure successful wetland restoration. The inspectors reiterated that an inspection report would be completed and disseminated within 60 days. The closing conference concluded, and the EPA left the Site at 11:30 am. VI. List of Appendices Appendix A: Site Map Appendix B: Photographic Log Appendix C: Site Restoration Plan DSB-ID: ECAD-666 Page 7 of 7 Appendix A Site Map Lackawanna College - New Milford Appendix B Photograph Log Lackawanna College - New Milford Appendix B: Photograph Log Photographs taken by: Laura Mathew IMG_1617: View facing northeast of area R-2, as defined in the Site's Restoration Plan. This area is directly adjacent to the Unnamed Tributary. The soil in the northwest part of the site, near the toe of the slope, was found to be excessively compact. IMG_1618: view showing the drainage area for R-2. At the time of the inspection, the soil observed in this area was very wet and holding water. DSB-ID: ECAD-666 Appendix B: Photograph Log Photographs taken by: Laura Mathew IMG_1620: Soil Boring, BOR-1 [0-6 inches] taken in the southeastern area of R-2 at 75.6811372W 41.8256214N. IMG_1621: View facing southeast of area R2. The soil in the northwest portion of R2, which is visible at the bottom of the picture above, was found to be compact at the time of the inspection. DSB-ID: ECAD-666 Appendix B: Photograph Log Photographs taken by: Laura Mathew IMG_1622: View facing slightly southeast, up-gradient of R-1. At the time of the inspection, sections of R-1 were holding water and was observed to be draining east towards the Unnamed Tributary. IMG_1623: View facing northeast showing the northern half of R-1. DSB-ID: ECAD-666 Appendix B: Photograph Log Photographs taken by: Laura Mathew IMG_1624: View facing northwest showing R-1. Note the riprap that was put in place to carry stormwater from the adjacent road into the wetland. IMG_1625: View facing north showing R-2. The cone sits atop the holding tank that takes flow from inside the building and is set to remain in place. DSB-ID: ECAD-666 Appendix B: Photograph Log Photographs taken by: Laura Mathew IMG_1626: View facing south within R-1. Closer view of the manhole. IMG_1627: Soil Boring BOR-2 taken at 075.6819860W 41.8259539N. DSB-ID: ECAD-666 Appendix B: Photograph Log Photographs taken by: Laura Mathew IMG_1628: Soil Boring BOR-3 taken at 75.6820928W 41.8261233N. IMG_1629: View facing northwest. During the inspection, the Project Manager stated this area was not at the pre-disturbed grade because the pre-disturbed grade showed a significant drop in topography. DSB-ID: ECAD-666 Appendix B: Photograph Log Photographs taken by: Laura Mathew IMG_1630: View facing northeast within R-1. The permitter was found to be at the same grade as the adjacent wetland. IMG_1631: Soil Boring 4 Bor-4 taken near the area that the Project Manager said had an adjustment in grade at 075.6822771W 41.8259596N. DSB-ID: ECAD-666 Appendix C Lackawanna Restoration Plan Sheets Of C-S FAX NO. 570 287 5025 PHONE 570 287 3178 Drawn R.T.D. Checked D.F.T. Date 12/16/2022 Scale AS NOTED Job No. 22-7031 Sheet 53 GRAVEL STREET, WILKES-BARRE, PA. 18705-3738 ARCHITECTS ENGINEERS BUILDERS TRADE EASTERN, INC. PRELIMINARY NOT FOR CONSTRUCTION THESE DRAWINGS HAVE BEEN PREPARED BY TRADE EASTERN, INC. THEY ARE NOT COMPLETE CONSTRUCTION DESIGN DRAWINGS AND SPECIFICATIONS AND THEREFORE SHOULD NOT BE USED FOR BIDDING OR CONSTRUCTION PURPOSES. TRADE EASTERN, INC. SHALL NOT BE LIABLE OR RESPONSIBLE FOR THE USE OF THESE DRAWINGS FOR BIDDING OR CONSTRUCTION PURPOSES BY OTHERS THAN TRADE EASTERN, INC. AND SUBCONTRACTORS OR VENDORS ENGAGED BY TRADE EASTERN, INC. LACKAWANNA COLLEGE NEWMILFORDCENTER CAMPUSWETLANDRESTORATION 2390 STATE ROUTE 848 NEW MILFORD, PA 18834 COVER SHEET SITE TRADE EASTERN, INC. ARCHITECTS ENGINEERS BUILDERS LACKAWANNA COLLEGE Revision/Date By Sheets Of 1 INCH = 30 FT. C-1 EXISTING SITE / DEMOLITION PLAN SCALE: 1"=30'-0" 90 30 30 15 0 60 GRAPHIC SCALE Drawn R.T.D. Checked D.F.T. Date 12/16/2022 Scale AS NOTED Job No. 22-7031 Sheet PRELIMINARY NOT FOR CONSTRUCTION THESE DRAWINGS HAVE BEEN PREPARED BY TRADE EASTERN, INC. THEY ARE NOT COMPLETE CONSTRUCTION DESIGN DRAWINGS AND SPECIFICATIONS AND THEREFORE SHOULD NOT BE USED FOR BIDDING OR CONSTRUCTION PURPOSES. TRADE EASTERN, INC. SHALL NOT BE LIABLE OR RESPONSIBLE FOR THE USE OF THESE DRAWINGS FOR BIDDING OR CONSTRUCTION PURPOSES BY OTHERS THAN TRADE EASTERN, INC. AND SUBCONTRACTORS OR VENDORS ENGAGED BY TRADE EASTERN, INC. LACKAWANNA COLLEGE NEWMILFORDCENTER CAMPUSWETLANDRESTORATION 2390 STATE ROUTE 848 NEW MILFORD, PA 18834 EXISTING SITE / DEMOLITION PLAN TRADE EASTERN, INC. ARCHITECTS ENGINEERS BUILDERS Revision/Date By Sheets Of 1 INCH = 30 FT. ES-1 EROSION & SEDIMENTATION PLAN SCALE: 1"=30'-0" 90 30 30 15 0 60 GRAPHIC SCALE Drawn R.T.D. Checked D.F.T. Date 12/16/2022 Scale AS NOTED Job No. 22-7031 Sheet PRELIMINARY NOT FOR CONSTRUCTION THESE DRAWINGS HAVE BEEN PREPARED BY TRADE EASTERN, INC. THEY ARE NOT COMPLETE CONSTRUCTION DESIGN DRAWINGS AND SPECIFICATIONS AND THEREFORE SHOULD NOT BE USED FOR BIDDING OR CONSTRUCTION PURPOSES. TRADE EASTERN, INC. SHALL NOT BE LIABLE OR RESPONSIBLE FOR THE USE OF THESE DRAWINGS FOR BIDDING OR CONSTRUCTION PURPOSES BY OTHERS THAN TRADE EASTERN, INC. AND SUBCONTRACTORS OR VENDORS ENGAGED BY TRADE EASTERN, INC. LACKAWANNA COLLEGE NEWMILFORDCENTER CAMPUSWETLANDRESTORATION 2390 STATE ROUTE 848 NEW MILFORD, PA 18834 EROSION & SEDIMENTATION PLAN TRADE EASTERN, INC. ARCHITECTS ENGINEERS BUILDERS Revision/Date By Sheets Of ES-2 EROSION & SEDIMENTATION DETAILS / NOTES SCALE: AS SHOWN Drawn R.T.D. Checked D.F.T. Date 1/15/2023 Scale AS NOTED Job No. 22-7031 Sheet ' ' PRELIMINARY NOT FOR CONSTRUCTION THESE DRAWINGS HAVE BEEN PREPARED BY TRADE EASTERN, INC. THEY ARE NOT COMPLETE CONSTRUCTION DESIGN DRAWINGS AND SPECIFICATIONS AND THEREFORE SHOULD NOT BE USED FOR BIDDING OR CONSTRUCTION PURPOSES. TRADE EASTERN, INC. SHALL NOT BE LIABLE OR RESPONSIBLE FOR THE USE OF THESE DRAWINGS FOR BIDDING OR CONSTRUCTION PURPOSES BY OTHERS THAN TRADE EASTERN, INC. AND SUBCONTRACTORS OR VENDORS ENGAGED BY TRADE EASTERN, INC. LACKAWANNA COLLEGE NEWMILFORDCENTER CAMPUSWETLANDRESTORATION 2390 STATE ROUTE 848 NEW MILFORD, PA 18834 EROSION & SEDIMENTATION DETAILS / NOTES TRADE EASTERN, INC. ARCHITECTS ENGINEERS BUILDERS SEED MIX FOR RESTORATION AREAS R-1 & R-2. APPLY STRICTLY PER MANUFACTURERS DIRECTIONS ' Revision/Date By Sheets Of 1 INCH = 30 FT. C-2 WETLAND RESTORATION PLAN SCALE: 1"=30'-0" 90 30 30 15 0 60 GRAPHIC SCALE Drawn R.T.D. Checked D.F.T. Date 12/16/2022 Scale AS NOTED Job No. 22-7031 Sheet PRELIMINARY NOT FOR CONSTRUCTION THESE DRAWINGS HAVE BEEN PREPARED BY TRADE EASTERN, INC. THEY ARE NOT COMPLETE CONSTRUCTION DESIGN DRAWINGS AND SPECIFICATIONS AND THEREFORE SHOULD NOT BE USED FOR BIDDING OR CONSTRUCTION PURPOSES. TRADE EASTERN, INC. SHALL NOT BE LIABLE OR RESPONSIBLE FOR THE USE OF THESE DRAWINGS FOR BIDDING OR CONSTRUCTION PURPOSES BY OTHERS THAN TRADE EASTERN, INC. AND SUBCONTRACTORS OR VENDORS ENGAGED BY TRADE EASTERN, INC. LACKAWANNA COLLEGE NEWMILFORDCENTER CAMPUSWETLANDRESTORATION 2390 STATE ROUTE 848 NEW MILFORD, PA 18834 WETLAND RETORATION PLAN TRADE EASTERN, INC. ARCHITECTS ENGINEERS BUILDERS Revision/Date By Sheets Of C-3 RESTORATION AREA (R-1) SECTIONS VERTICAL SCALE: 1"=20'-0" HORIZONTAL SCALE: 1"=10'-0" Sheet AS NOTED 22-7031 Scale Job No. Date 12/16/2022 Checked D.F.T. Drawn R.T.D. PRELIMINARY NOT FOR CONSTRUCTION THESE DRAWINGS HAVE BEEN PREPARED BY TRADE EASTERN, INC. THEY ARE NOT COMPLETE CONSTRUCTION DESIGN DRAWINGS AND SPECIFICATIONS AND THEREFORE SHOULD NOT BE USED FOR BIDDING OR CONSTRUCTION PURPOSES. TRADE EASTERN, INC. SHALL NOT BE LIABLE OR RESPONSIBLE FOR THE USE OF THESE DRAWINGS FOR BIDDING OR CONSTRUCTION PURPOSES BY OTHERS THAN TRADE EASTERN, INC. AND SUBCONTRACTORS OR VENDORS ENGAGED BY TRADE EASTERN, INC. LACKAWANNA COLLEGE NEWMILFORDCENTER CAMPUSWETLANDRESTORATION 2390 STATE ROUTE 848 NEW MILFORD, PA 18834 RESTORATION AREA--PLAN & SECTIONS RESTORATION AREA PLAN SCALE: 1"=30'-0" Revision/Date By RESTORATION AREA (R-2) SECTIONS VERTICAL SCALE: 1"=20'-0" HORIZONTAL SCALE: 1"=10'-0" TRADE EASTERN, INC. ARCHITECTS ENGINEERS BUILDERS