Document qkVdKB4e3OZQJpX7a60dXL0ZR

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. Inspector Name(s) Stephanie Andreescu Austin Jepsky Time In 1:11 PM Time Out 2:09 PM Start Date June 24, 2024 End Date June 24, 2024 Inspector's Organization U.S. EPA Region 2 Organization Requesting Inspection (if different) Inspection Type Evaluation Inspection Status Original Site Name Care365 Realty, LLC Property Site Address* 272 NY State Route 59 (Tax ID: 55.12-1-5) City* Tallman County* Rockland State* NY Zip Code* 10901 Mailing Address* 1 Main Street City* Monsey County* Rockland State* NY Zip Code* 10952 Latitude* 41.11250 Estimated Size of Site (acres) 3.12 Inspector Signature Supervisor Signature Digitally signed by STEPHANIE ANDREESCU Date: 2024.08.15 12:12:23 -04'00' Digitally signed by MARCO FINOCCHIARO Date: 2024.08.22 11:08:56 -04'00' Longitude* -74.10256 Is there a home on the site? Yes No Date 8/15/24 Date 8/22/24 Effective August 2020 Page 1 of 5 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) Site Name Care365 Realty, LLC Property Start Date June 24, 2024 End Date June 24, 2024 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) Care365 Realty, LLC/property owner was not available to join the inspection; Credentials were presented to Jim Bates, environmental consultant for the property owner Opening Conference Name of person authorizing access if applicable EPA scheduled the inspection with Mr. Eugene Goldenberg (for Care365 Realty, LLC) and Mr. Bates. Notes from Opening Conference On the day of the inspection, Mr. Goldenberg was not able to join the inspection. Mr. Bates met us at the property. He stated that the previous Thursday was the first time he had been at the property. Access Issues if Any Describe N/A Inspection Observations and Sample Collection Site Owner/Site Operator/Responsible Party (Name, title and contact information) Site owner: Care365 Realty, LLC managed by Eugene Goldenberg Additional Persons Present at Inspection Bertrand Chu - EPA intern General Site Characteristics (layout of property, etc.) The property is a 3.12-acre parcel with frontage along New York State Route 59. A driveway from Route 59 leads to a parking area. The parcel was the site of a restaurant that has been demolished. The northern portion of the property is undeveloped. The property slopes to the north towards a NYSDEC "Class C" stream located on a neighboring property. A small stream also flows west towards the "Class C" stream through the northeast corner of the property. Purpose and Need for Discharge of Dredged and/or Fill Material The purpose for the discharge of fill material is unknown. Filling activities increased fastland on the property. Site Overview (Past inspections, site description, permits, etc.) EPA's Wetland Protection Section has not previously inspected the property. The U.S. Army Corps of Engineers has not issued a permit for filling activities at the property. Effective August 2020 Page 2 of 5 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) Site Name Care365 Realty, LLC Property Scope of Inspection (Areas inspected or not inspected) EPA inspected areas along the limit of disturbance in the northeast portion of the parcel Start Date June 24, 2024 End Date June 24, 2024 Effective August 2020 Page 3 of 5 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) Site Name Care365 Realty, LLC Property Environmental Conditions (e.g., wind, rain, smoke, dust, temperature, snow) Low 70's; partly sunny/cloudy Start Date June 24, 2024 End Date June 24, 2024 Field Work Conducted The purpose of the inspection was to document whether there had been a discharge of dredged and/or fill material into waters of the United States without prior Corps authorization. Data recorded during the inspection included GPS data; handwritten notes of observations; documentation of wetland indicators; and photographs. During the inspection, EPA walked along the limit of disturbance where earthen fill material had been placed and recorded the fill limit of disturbance using an iPad with a mounted external GNSS receiver (see attached map). Earthen fill material consisted of dirt and various sized rock - boulder, cobble, and gravel. Fill extended nearly to the edge of the property boundary, which was marked with a fence. Because of this, potential soil sampling locations were limited. EPA dug a soil sampling pit (SS1) between the fence along the property boundary and the edge of the fill (see attached map for location). EPA observed a dominance of rice cutgrass, a wetland obligate, in the vicinity of the soil pit. The water table was at 8" below the soil surface. Standing water was also observed in some areas. Despite refusal of auger occurring at 10", EPA concluded that soils were hydric (see attached data sheets). Based on the presence of wetland hydrology and hydric soils, and dominance of hydrophytic vegetation, EPA determined that the soil pit was located in a wetland. A stream had also been piped into a 36" plastic corrugated culvert on the property at the northeast portion of the property. EPA observed flow from the downstream end of the pipe. The stream converged with a larger stream just north of the property line. From the inspected property, EPA was able to observe a downstream portion of the receiving stream located on the neighboring property. The receiving stream was approximately two feet wide, had a defined bed and banks, was flowing, and demonstrated substrate sorting. Stream substrate consisted of boulder, cobble, and pebble. Riparian vegetation was hydrophytic. Closing Conference Documents Received and/or Requested During the Inspection EPA requested relevant documents associated with filling activities at the property from Mr. Bates. 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 Potential issues of concern include the piping of a stream and the discharge of earthen fill material into wetlands without prior Effective August 2020 Page 4 of 5 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) Site Name Care365 Realty, LLC Property Corps authorization. Maps and Sketches Photographs (including location) and Photo Log Other (SSIP, Wetlands Delineation Forms, etc.) Attachments* Attachments: Map of GPS data; Wetland Delineation Data Sheets; Photograph Log Additional Notes Start Date June 24, 2024 End Date June 24, 2024 Effective August 2020 Page 5 of 5 EPA CWA 404 Inspection Photolog Care365 Realty, LLC Property 272 Route 59, Tallman, NY June 24, 2024 1 Date: Time: Photographer: Photo ID: 6/24/2024 1:30 PM S. Andreescu 1 - P6240560 Description: (1/8) Panorama of site Care365 Realty, LLC Property, 272 State Route 59, Tallman, NY 2 Date: Time: Photographer: Photo ID: 6/24/2024 1:30 PM S. Andreescu 2 - P6240561 Description: (2/8) Panorama of site Care365 Realty, LLC Property, 272 State Route 59, Tallman, NY 3 Date: Time: Photographer: Photo ID: 6/24/2024 1:30 PM S. Andreescu 3 - P6240562 Description: (3/8) Panorama of site Care365 Realty, LLC Property, 272 State Route 59, Tallman, NY 4 Date: Time: Photographer: Photo ID: 6/24/2024 1:30 PM S. Andreescu 4 - P6240563 Description: (4/8) Panorama of site Care365 Realty, LLC Property, 272 State Route 59, Tallman, NY 5 Date: Time: Photographer: Photo ID: 6/24/2024 1:30 PM S. Andreescu 5 - P6240564 Description: (5/8) Panorama of site Care365 Realty, LLC Property, 272 State Route 59, Tallman, NY 6 Date: Time: Photographer: Photo ID: 6/24/2024 1:30 PM S. Andreescu 6 - P6240565 Description: (6/8) Panorama of site Care365 Realty, LLC Property, 272 State Route 59, Tallman, NY 7 Date: Time: Photographer: Photo ID: 6/24/2024 1:30 PM S. Andreescu 7 - P6240566 Description: (7/8) Panorama of site Care365 Realty, LLC Property, 272 State Route 59, Tallman, NY 8 Date: Time: Photographer: Photo ID: 6/24/2024 1:30 PM S. Andreescu 8 - P6240567 Description: (8/8) Panorama of site Care365 Realty, LLC Property, 272 State Route 59, Tallman, NY 9 Date: Time: Photographer: Photo ID: 6/24/2024 1:34 PM S. Andreescu 9 - P6240568 Description: 36" plastic corrugated culvert Care365 Realty, LLC Property, 272 State Route 59, Tallman, NY 10 Date: Time: Photographer: Photo ID: 6/24/2024 1:34 PM S. Andreescu 10 - P6240569 Description: Downstream view Stream on neighboring property Care365 Realty, LLC Property, 272 State Route 59, Tallman, NY 11 Date: Time: Photographer: Photo ID: 6/24/2024 1:38 PM S. Andreescu 11 - P6240570 Description: Grate over piped stream Care365 Realty, LLC Property, 272 State Route 59, Tallman, NY 12 Date: Time: Photographer: Photo ID: 6/24/2024 1:42 PM S. Andreescu 12 - P6240571 Description: Manhole over piped stream Care365 Realty, LLC Property, 272 State Route 59, Tallman, NY 13 Date: Time: Photographer: Photo ID: 6/24/2024 1:51 PM S. Andreescu 13 - P6240572 Description: Mucky soil sample Care365 Realty, LLC Property, 272 State Route 59, Tallman, NY 14 Date: Time: Photographer: Photo ID: Description: Soil pit location 6/24/2024 1:52 PM S. Andreescu 14 - P6240573 Care365 Realty, LLC Property, 272 State Route 59, Tallman, NY 15 Date: Time: Photographer: Photo ID: Description: Soil pit location 6/24/2024 1:53 PM S. Andreescu 15 - P6240574 Care365 Realty, LLC Property, 272 State Route 59, Tallman, NY 16 Date: Time: Photographer: Photo ID: 6/24/2024 1:57 PM S. Andreescu 16 - P6240575 Description: Limit of disturbance and property line Care365 Realty, LLC Property, 272 State Route 59, Tallman, NY 17 Date: Time: Photographer: Photo ID: 6/24/2024 2:04 PM S. Andreescu 17 - P6240576 Description: Likely wetland on neighboring property Care365 Realty, LLC Property, 272 State Route 59, Tallman, NY 18 Date: Time: Photographer: Photo ID: 6/24/2024 2:06 PM S. Andreescu 18 - P6240577 Description: Fill material consisting of boulder, cobble, gravel, dirt Care365 Realty, LLC Property, 272 State Route 59, Tallman, NY 19 U.S. Army Corps of Engineers WETLAND DETERMINATION DATA SHEET - Northcentral and Northeast Region See ERDC/EL TR-12-1; the proponent agency is CECW-CO-R OMB Control #: 0710-0024, Exp: 11/30/2024 Requirement Control Symbol EXEMPT: (Authority: AR 335-15, paragraph 5-2a) Project/Site: Care365 Realty, LLC Property Applicant/Owner: Care 365 Realty, LLC Investigator(s): S. Andreescu, A. Jepsky Landform (hillside, terrace, etc.): hillside / stream valley Subregion (LRR or MLRA): LRR R Lat: 41.11267 Soil Map Unit Name: Watchaug fine sandy loam City/County: Tallman/Orange State: NY Section, Township, Range: Local relief (concave, convex, none): Long: -74.102561 NWI classification: Sampling Date: 6/24/2024 Sampling Point: SS1 Slope %: Datum: N/A Are climatic / hydrologic conditions on the site typical for this time of year? Are Vegetation , Soil , or Hydrology significantly disturbed? Yes X No (If no, explain in Remarks.) Are "Normal Circumstances" present? Yes X No Are Vegetation , Soil , or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Hydric Soil Present? Wetland Hydrology Present? Yes X No Yes X No Yes X No Is the Sampled Area within a Wetland? Yes X No If yes, optional Wetland Site ID: Remarks: (Explain alternative procedures here or in a separate report.) Refusal of auger occurred at 10", which did not allow us to identify the appropriate hydric soil indicator. However, the description of the top 10" of the soil profile matches that of the Alden soil series. Alden soils are hydric and are a component of Watchaug fine sandy loam soils, within which the soil sampling location is mapped. Due to the presence of strong hydrophytic vegetation and hydrology indicators and using best professional judgement, I concluded that the sampling location was within a wetland. HYDROLOGY Wetland Hydrology Indicators: Primary Indicators (minimum of one is required; check all that apply) X Surface Water (A1) Water-Stained Leaves (B9) X High Water Table (A2) Aquatic Fauna (B13) Saturation (A3) Marl Deposits (B15) Water Marks (B1) Hydrogen Sulfide Odor (C1) Sediment Deposits (B2) Oxidized Rhizospheres on Living Roots (C3) Drift Deposits (B3) Presence of Reduced Iron (C4) Algal Mat or Crust (B4) Recent Iron Reduction in Tilled Soils (C6) Iron Deposits (B5) Thin Muck Surface (C7) Inundation Visible on Aerial Imagery (B7) Other (Explain in Remarks) Sparsely Vegetated Concave Surface (B8) Secondary Indicators (minimum of two required) Surface Soil Cracks (B6) Drainage Patterns (B10) Moss Trim Lines (B16) Dry-Season Water Table (C2) Crayfish Burrows (C8) Saturation Visible on Aerial Imagery (C9) Stunted or Stressed Plants (D1) Geomorphic Position (D2) Shallow Aquitard (D3) Microtopographic Relief (D4) X FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes X No Depth (inches): 0 Water Table Present? Yes X No Depth (inches): 8 Saturation Present? Yes No Depth (inches): Wetland Hydrology Present? (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Yes X No Remarks: ENG FORM 6116-8, JUL 2018 Northcentral and Northeast - Version 2.0 VEGETATION - Use scientific names of plants. Tree Stratum (Plot size: Absolute ) % Cover Dominant Species? 1. 2. 3. 4. 5. 6. 7. =Total Cover Sapling/Shrub Stratum (Plot size: ) 1. 2. 3. 4. 5. 6. 7. =Total Cover Herb Stratum (Plot size: 5 ) 1. Symplocarpus foetidus 25 No 2. Typha latifolia 5 No 3. Leersia oryzoides 99 Yes 4. Juncus effusus 1 No 5. 6. 7. 8. 9. 10. 11. 12. 130 =Total Cover Woody Vine Stratum (Plot size: ) 1. 2. 3. 4. =Total Cover Remarks: (Include photo numbers here or on a separate sheet.) Indicator Status OBL OBL OBL OBL Sampling Point: SS1 Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: 1 (A) Total Number of Dominant Species Across All Strata: 1 (B) Percent of Dominant Species That Are OBL, FACW, or FAC: 100.0% (A/B) Prevalence Index worksheet: Total % Cover of: Multiply by: OBL species 130 x 1 = 130 FACW species 0 x 2 = 0 FAC species 0 x 3 = 0 FACU species 0 x 4 = 0 UPL species 0 x 5 = 0 Column Totals: 130 (A) 130 (B) Prevalence Index = B/A = 1.00 Hydrophytic Vegetation Indicators: 1 - Rapid Test for Hydrophytic Vegetation X 2 - Dominance Test is >50% X 3UHYDOHQFH,QGH[LV1 4 - Morphological Adaptations1 (Provide supporting data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation1 (Explain) 1Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Definitions of Vegetation Strata: Tree - Woody plants 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. Sapling/shrub - Woody plants less than 3 in. DBH and greater than or equal to 3.28 ft (1 m) tall. Herb - All herbaceous (non-woody) plants, regardless of size, and woody plants less than 3.28 ft tall. Woody vines - All woody vines greater than 3.28 ft in height. Hydrophytic Vegetation Present? Yes X No ENG FORM 6116-8, JUL 2018 Northcentral and Northeast - Version 2.0 SOIL Sampling Point: SS1 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth (inches) Matrix Color (moist) % Redox Features Color (moist) % Type1 Loc2 Texture Remarks 0-10 10YR 2/1 100 Muck 1Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. Hydric Soil Indicators: Histosol (A1) Dark Surface (S7) Histic Epipedon (A2) Polyvalue Below Surface (S8) (LRR R, Black Histic (A3) MLRA 149B) Hydrogen Sulfide (A4) Thin Dark Surface (S9) (LRR R, MLRA 149B) Stratified Layers (A5) High Chroma Sands (S11) (LRR K, L) Depleted Below Dark Surface (A11) Loamy Mucky Mineral (F1) (LRR K, L) Thick Dark Surface (A12) Loamy Gleyed Matrix (F2) Mesic Spodic (A17) Depleted Matrix (F3) (MLRA 144A, 145, 149B) Redox Dark Surface (F6) Sandy Mucky Mineral (S1) Depleted Dark Surface (F7) Sandy Gleyed Matrix (S4) Redox Depressions (F8) Sandy Redox (S5) Marl (F10) (LRR K, L) Stripped Matrix (S6) Red Parent Material (F21) (MLRA 145) Restrictive Layer (if observed): Type: 2Location: PL=Pore Lining, M=Matrix. Indicators for Problematic Hydric Soils3: 2 cm Muck (A10) (LRR K, L, MLRA 149B) Coast Prairie Redox (A16) (LRR K, L, R) 5 cm Mucky Peat or Peat (S3) (LRR K, L, R) Polyvalue Below Surface (S8) (LRR K, L) Thin Dark Surface (S9) (LRR K, L) Iron-Manganese Masses (F12) (LRR K, L, R) Piedmont Floodplain Soils (F19) (MLRA 149B) Red Parent Material (F21) (outside MLRA 145) Very Shallow Dark Surface (F22) Other (Explain in Remarks) 3Indicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Depth (inches): Hydric Soil Present? Yes X No Remarks: Auger refusal at 10 inches. Description of top 10 inches consistent with that of the Alden soil series. Alden soils are hydric and are a component of Watchaug fine sandy loam soils. ENG FORM 6116-8, JUL 2018 Northcentral and Northeast - Version 2.0