Document zQgkLnE3aBDdjEq0dZ9bqq9O7

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 03/21/2023 09:20 AM (PT) Announced: No 03/21/2023 11:10 AM (PT) Sunny, 45 F Water Clean Water Act, NPDES, Stormwater - Construction CEI - Compliance Evaluation Inspection Permittee Name Facility or Site Name Facility/Site Physical Address City, State, Zip Code County/Borough/Parish Facility GPS Coordinates Mailing Address City, State, Zip Code Rotschy, Inc. North Haven PUD 807 NW 179th Street (NE 179th Street & NW 11th Avenue) Ridgefield, Washington 98642 Clark County 45.749657 N -122.682177 W 7408 NE 113th Circle Vancouver, Washington 98662 FRS ID Permit Number NAICS 110070390645 WAR309840 238910 (Site Preparation Contractors) Inspection Contacts: Organization Name EPA Region 10 Jon Klemesrud Washington Brian Johnson Department of Ecology Rotschy, Inc. Colton Christensen Rotschy, Inc. Cody Tommaro Soil & Water Technologies, Inc. Moses Kanlund Title Lead Inspector Inspector Foreman Superintendent Operations Manager (CESCL) Present in Opening Conf. Yes Yes Present in Closing Conf. Yes Yes Yes Yes No Yes No No EPA Inspector Signature/Date JON KLEMESRUD Jon Klemesrud Digitally signed by JON KLEMESRUD Date: 2023.03.31 14:27:18 -07'00' Supervisor Signature/Date PETER CONTRERAS Peter Contreras, Chief FDDWES Digitally signed by PETER CONTRERAS Date: 2023.04.04 15:34:07 -07'00' CWA NPDES WAR309840 Inspection Report This inspection report is based on information supplied by conversations with Mr. Mike Cockerill, Mr. Colton Christenson, Mr. Cody Tommaro, Mr. Moses Kanlund, direct observations made at the time of the inspection, and records and reports maintained by the permittee. 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 State of Washington Department of Ecology (Ecology) representative Brian Johnson. At approximately 8:30AM on the day of the inspection, I called and attempted to speak with Mr. Drew Rotschy with Rotschy, Inc. Mr. Rotschy is listed on the Notice of Transfer as the project's current operator/permittee. Upon calling, I received the front desk for Rotschy, Inc., I introduced myself and was instructed to contact Mr. Mike Cockerill. Mr. Cockerill was described as the current Foreman for the construction project and the best contact for the nature of my call. I proceeded to call and speak with Mr. Cockerill, I introduced myself and discussed that I had been asked to conduct an on-site inspection at the North Haven PUD 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 Washington Department of Ecology and would include a walk-through of the construction site and a review of permit related documents. Mr. Cockerill welcomed the inspection but explained that he would be unable to join on-site, he discussed that Mr. Colton Christenson, Project Foreman with Rotschy, Inc. would be onsite and available for the inspection. Mr. Cockerill discussed that he would notify Mr. Christenson of my arrival and he should be located on the southern portion of the site in a vehicle marked "Rotschy Inc." Mr. Johnson (Ecology) and I arrived on-site at approximately 9:20AM and met with Mr. Christenson. Following our initial introductions, I presented my EPA credentials, restated the purpose and expectations of the inspection, and provided my business card. We had a brief discussion regarding the projects' general timeline and recent activities since Mr. Christenson first began on the site, approximately 90 days prior. Mr. Christenson also stated that the stormwater pollution prevention plan (SWPPP) and site inspection reports were not on-site but with the project's third-party Certified Erosion and Sediment Control Lead (CESCL) contact, Mr. Moses Kanlund of Soil & Water Technologies, Inc. The inspection consisted of an opening conference, a walk-through of the construction site and concluded with a closing conference. Project Superintendent Mr. Cody Tommaro arrived at the site just prior to the closing conference. During the closing conference, we discussed our observations during the walk-through, potential areas of concern and next steps. We were accompanied throughout the inspection by Mr. Christenson. Following the closing conference, while still on site, I spoke with Mr. Kanlund via phone and requested an electronic copy of the SWPPP and site inspection reports dating back to Ecology's last inspection. The documents were provided and reviewed post-inspection. Project History The North Haven PUD construction project (hereinafter referred to as the "Project") is permitted to discharge to Packard Creek under the CGP, the permit tracking number assigned to the project is (WAR309840). Based upon my review within Ecology's Permitting and Reporting Information System (PARIS), the initial permit application (notice of intent) for the construction project was submitted by Terry Wollam, President/Owner of BTMC, LLC on July 12, 2020. On June 1, 2021, permit coverage was transferred to new/current operator/permittee Rotschy, Inc. See Attachment A, Signed ECY 020-87a Permit Transfer. According to PARIS, on March 21, 2022, Ecology issued a penalty (Penalty No. 21025) to Rotschy, Inc. in the amount of $131,000 for multiple State code and permit condition violations, resulting in impacts to waters of the State. On April 20, 2022, the penalty was appealed and a settlement agreement with a penalty of $101,000 was signed on July 13, 2022. The project was last inspected by Washington Department of Ecology on December 29, 2022, as part of an environmental report tracking system (ERTS) response. The inspection report noted compliance concerns including sediment on the roadway and exposed/eroding soils. Page 2 of 21 CWA NPDES WAR309840 Inspection Report SECTION II - OBSERVATIONS Site Review The Project originally subdivided three parcels of land for the construction of 321 attached and detached single family housing lots. Total footprint is 38.64 acres. Infrastructure for the project also includes sidewalks, sewer, water public streets, open spaces, and trails. Construction activities over the life of the project by Rotschy, Inc. include site preparation, demolition, excavation for stormwater facilities, utilities, site grading, concrete sidewalk placement and asphalt paving. The project is generally split in two phases, the North Phase (Phase 1a) and South Phase (Phase 2a). Approximately 150 housing lots in each Phase. For a general construction footprint, See Attachment B, Final Site Plan. Stormwater is primarily routed to an eastern stormwater pond which overflows to a vegetative wetland area which separates Phase 1a and Phase 2a. The vegetative wetland area discharges into Packard Creek. Certain areas within Phase 2a route stormwater to a secondary stormwater pond located in the southeast portion of the project. The secondary stormwater pond, as well as other southern portions within Phase 2a discharge to a neighboring field to the south. According to Mr. Christenson, the majority of Phase 1a lots had recently been purchased by separate housing developer and homes were being constructed. Phase 2a lots were nearing completion and current construction work included the backfilling of sidewalks. New street signage was also being installed at the time of inspection by the local Public Works authority. It was discussed that Soil & Water Technologies Inc. conducts the routine site inspections and provides recommendations of best management practices (BMPs) maintenance/replacement/repairs. Rotschy, Inc. is responsible for conducting the actual BMP maintenance/replacement/repairs. We began the walk-through along NW 175th Street, as we walked towards the project's primary stormwater pond. Photographs taken during the site-walk through are attached to this inspection report as Attachment C, Photograph Log. Walk-Through Observations: Location: Phase 2a/Tract R/Tract R Stormwater Pond Observation #: JK6-OB-001 Observed primary stormwater collection pond for Phase 1a and majority of Phase 2a (Photo 1). The pond is located/referenced by the permittee as "Tract R Stormwater Pond." Observed water entering the pond at numerous designated areas of the collection system. Pond overflow was discharging at the time of the inspection to the central wetland via dispersion structure (Photo 2). Observed southeastern slope of the Tract R Stormwater Pond, including straw mulch and hydroseeded areas (Photo 3). Location: Phase 2a/Tract G/Areas between Tract G and Tract R Stormwater Pond Observation #: JK6-OB-002 Observed roadside catch basins, residential lots, and roadways within Phase 2a (Photo 4). Area was referenced by the permittee as "Tract G." Mr. Christenson discussed that roadside catch basins were recently cleaned and "jetted" approximately two weeks prior to the inspection. Current inspection activity includes backfilling sidewalks. Roadways are swept every other day. Observed straw mulching within disturbed lots and roadways were generally free of sediment and debris. Page 3 of 21 CWA NPDES WAR309840 Inspection Report Location: Phase 2a/Tract G/Tract G Stormwater Pond Observation #: JK6-OB-003 Observed secondary stormwater collection pond within Phase 2a (Photo 5). The pond is referenced by the permittee as "Tract G Stormwater Pond." Observed the future overflow control structure and current discharge piping (Photo 6). Discharge piping routes stormwater from the pond to a dispersion trench located south of the pond (Photo 7 & Photo 8). The dispersion trench discharges to neighboring field to the south. Unstabilized areas observed at the outlet of the dispersion trench. Location: Phase 2a/Tract G/Tract G Stormwater Pond Discharge Area Observation #: JK6-OB-004 Observed above ground conveyance piping installed by neighboring property to convey stormwater discharging from the dispersion trench over a portion of the vegetative field (Photo 9 and Photo 10). Returned to Tract G Stormwater Pond to view discharge piping (Photo 11). Location: Phase 2a/Tract G/Southern Area West of Tract G Stormwater Pond Observation #: JK6-OB-005 Continued the walk-through to the west and observed secondary dispersion trench installed within southern area of Phase 2a (Photo 12). Location: Phase 2a/Western Areas Observation #: JK6-OB-006 Observed western areas of Phase 2a along NW 11th Avenue. Stormwater from this drainage area is collected via catch basins and is routed to a stormwater vault/structure prior to discharging into the vegetative wetland area (Photo 13). Disturbed areas were covered with straw mulch and silt fencing was observed. Location: Phase 2a/Western Areas/ Vegetative Wetland Outfall Observation #: JK6-OB-007 Observed the discharge of the vegetative wetland area (Photo 14) along NW 11th Avenue. The wetland discharges to a culvert that extends under NW 11th Avenue and then daylights on the west side of NW 11th Avenue. This location is considered the monitoring point for Outfall 001 (West Outfall) to Packard Creek (Photo 15). Observed area of downed silt-fencing near the wetland area discharge on the east side of NW 11th Avenue. Location: Phase 1a/Western Areas Observation #: JK6-OB-008 Continued the walk-through into Phase 1a. Observed multiple homes being constructed. Lots were generally well stabilized with covered straw mulch. observed perimeter silt fencing in areas. Observed unstabilized stockpiles observed within lots 193 and 192. Lot numbers were provided via on-site signage (Photo 16 - Photo 18). Roadways were generally free of sediment and debris. Page 4 of 21 Location: Phase 1a/Eastern Areas Observation #: JK6-OB-009 CWA NPDES WAR309840 Inspection Report Established hydroseeding observed within majority of Phase 1a areas (Photo 19). SECTION III - RECORDS REVIEW Record: Stormwater Pollution Prevention Plan (SWPPP) Ref #: JK6-RR-001 As indicated earlier in this report, the project's SWPPP was not on-site at the time of inspection. The working copy of the SWPPP was in the possession of the project's third-party Certified Erosion and Sediment Control Lead (CESCL) contact, Mr. Moses Kanlund of Soil & Water Technologies, Inc. Mr. Kanlund provided the original electronic copy of the SWPPP via email shortly after the inspection on March 21, 2023. The SWPPP was prepared by Aaron Karlsen of AKS Engineering & Forestry, LLC. The SWPPP listed a preparation date of June 5, 2020 and included the applicable 13 elements required/discussed within Section S9.D. of the CGP and also referenced the Stormwater Management Manual for Western Washington for BMP selections observed during the on-site walkthrough. The electronic copy of the SWPPP that was reviewed had not been updated to include the Soil & Water Technologies, Inc. current role as CESCL. Record: Site Inspection Reports Ref #: JK6-RR-002 As indicated earlier in this report, the project's site inspection reports were not on-site at the time of inspection. Site inspections and associated inspection reports were currently being completed by Mr. Moses Kanlund of Soil & Water Technologies, Inc. Prior to being completed by Soil & Water Technologies Inc., site inspections and associated inspection reports were completed internally by Rotschy, Inc. Site inspection reports were provided by Mr. Kanlund dating back to October 20, 2022 and occurred on the following date(s): 10/20/2022, 10/22/2022, 10/28/2022, 11/04/2022, 11/08/2022, 11/18/2022, 11/25/2022, 11/30/2022, 12/08/2022, 12/16/2022, 12/27/2022, 12/28/2022, 01/06/2023, 01/12/2023, 01/13/2023, 01/16/2023, 01/17/2023, 01/23/2023, 01/27/2023, 01/31/2023, 02/06/2023, 02/13/2023, 02/17/2023, 02/24/2023, 03/06/2023, 03/13/2023. Inspection reports reviewed were well documented and included photographs of areas in need of BMP maintenance. Reports also included notes of observed/implemented corrective actions. The reviewed reports also documented the following benchmark exceedances for turbidity: 11/30/2022 (42.7 NTU), 12/08/2022 (26.8 NTU), 12/26/2022 (46.4 NTU), 12/28/2022 (26.8 NTU), 1/12/2023 (32.8 NTU), 03/13/2023 (36.7 NTU). Record: Discharge Monitoring Reports (DMRs) Ref #: JK6-RR-003 DMRs were reviewed as part of this inspection using Ecology's Permitting and Reporting Information System (PARIS). I attempted to reviewed months dating back to the March 21, 2022, penalty action by Ecology. The only DMR's available to review within PARIS for that window were March 2022 - September 2023. The review indicated a benchmark exceedance on four occasions: 3/21/2022 (194 NTU), 5/09/2022 (39.6 NTU), 5/16/2022 (61 NTU), 6/23/2022 (126 NTU). According to Mr. Kanlund, Soil & Water Technologies Inc. has been waiting on Ecology to process a Transfer of Coverage Form that was submitted last fall as well as DMR access. In postinspection email communication with Mr. Kanlund, Soil & Water Technologies and Rotschy, Inc. submitted an Electronic Signature Agreement Form on 03/30/2023 and will immediately begin uploading DMR data (October to current). Page 5 of 21 SECTION V - AREA OF CONCERN CWA NPDES WAR309840 Inspection Report Area(s) of Concern may not be in sequential order. The presentation of Area(s) of Concern does not constitute a formal compliance determination or violation. AOC Reference #: JK6-OB-003 Phase 2a/Tract G/Tract G Stormwater Pond Regulation and/or Permit Requirement Part S9.D.5 of the permit states "the Permittee must stabilize exposed and unworked soils by application of effective BMPs that prevent erosion." The Stormwater Management Manual for Western Washington (July 2019) lists the maintenance standards for BMP C121 (Mulching) which includes: "the thickness of the mulch cover must be maintained." Table II.3.6. lists Straw mulch application rate as "2"-3" thick. 5 bales per 1,000 sf or 2-3 tons per acre." AOC: Unstabilized Areas Near Tract G Stormwater Pond At the time of inspection during the walk-through within Phase 2a, we observed/discussed unstabilized areas along the southeastern slope of the Tract G stormwater pond near the overflow structure (Photo 6). It was discussed that nearby areas had been previously mulched, and the mulch had since deteriorated. The concern is the exposed soils could contribute to additional sediment entering the Tract G stormwater pond. We also observed/discussed exposed areas downslope of the pond's discharge/dispersion trench to the southern neighboring property (Photo 8). AOC Reference #: JK6-OB-007 Location: Phase 2a/Western Area/Wetland Outfall Regulation and/or Permit Requirement Part S9.D.11.a of the permit 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. Part S4.B.2.b of permit states: "Based on the results of the inspection (site inspection), the Permittee much correct the problems identified, by: b. Immediately beginning the process of fully implementing and maintaining appropriate source control and/or treatment BMPs, within 10 days of the inspection. If installation of necessary treatment BMPs is not feasible within 10 days, Ecology may approve additional time when an extension is requested by a Permittee within the initial 10-day response period. AOC: Silt Fencing Near Wetland Outfall At the time of inspection, during our walk through near the wetland outfall along NW 11th Avenue, we observed/discussed downed silt-fencing upslope of the wetland area outfall (Photo 14). This downed silt-fencing was first identified in the January 23, 2023, Site Inspection Report as a corrective action item. The concern is the BMP in need of maintenance based upon the written standard and the length of time since the issue had been identified. Page 6 of 21 AOC Reference #: JK6-OB-008 CWA NPDES WAR309840 Inspection Report Location: Phase 1a/Western Areas Regulation and/or Permit Requirement Section S.9.D.5.d of the permit states: the Permittee must not allow soils to remain exposed and unworked for more than the time period set forth to prevent erosion (West of the Cascade Mountains Crest - During the wet season (October 1 - April 30): 2 Days)" Section S.9.D.5.f of the permit states: "the Permittee must stabilize stockpiles from erosion, protected with sediment trapping measures, and where possible, be located away from storm drain inlets, waterways, and drainage channels. AOC: Unstabilized Stockpiles Observed Within Lot(s) #192/193. At the time of inspection, during our walk through near the west end of Phase 1a, we observed/discussed unworked/uncovered stockpiles within Lot(s) 192/193 (Photo 16 - Photo 18). SECTION VI - CLOSING CONFERENCE Closing Conference Following the walk-through, a closing conference was held with Mr. Christenson and Mr. Tommaro. We discussed the areas of concern and general observations. We also discussed a follow-up records request for a digital copy of the SWPPP and Site Inspection Reports from Soil & Water Technologies, Inc. SECTION VII - LIST OF APPENDICES 1. Attachment A - Signed ECY 020-87a Permit Transfer. 2. Attachment B - Final Site Plan 3. Attachment C - Photograph Log Page 7 of 21 CWA NPDES WAR309840 Inspection Report ATTACHMENT A Signed ECY 020-87a Permit Transfer Page 8 of 21 CWA NPDES WAR309840 Inspection Report Page 9 of 21 CWA NPDES WAR309840 Inspection Report Page 10 of 21 CWA NPDES WAR309840 Inspection Report Page 11 of 21 CWA NPDES WAR309840 Inspection Report Page 12 of 21 CWA NPDES WAR309840 Inspection Report ATTACHMENT B Final Site Plan Page 13 of 21 CWA NPDES WAR309840 Inspection Report Page 14 of 21 CWA NPDES WAR309840 Inspection Report Page 15 of 21 CWA NPDES WAR309840 Inspection Report ATTACHMENT C Photograph Log All photographs taken by Jon Klemesrud on March 21, 2023 Nikon Coolpix AW100 Page 16 of 21 CWA NPDES WAR309840 Inspection Report Photograph Log- North Haven PUD Photo #:01 (DSCN3161) Description: Facing southeast, photo of the primary stormwater pond (Tract R) located within the eastern portion of the development. Photo #:02 (DSCN3162) Description: Facing west, photo of the primary stormwater pond's (Tract R) discharge to the vegetative wetland area located in the central area of the development. Photo #:03 (DSCN3163) Description: Facing northwest, photo of the primary stormwater pond (Tract R). Photo #:04 (DSCN3164) Description: Facing west, photo of the southern lots within the current phase of the development. Page 17 of 21 CWA NPDES WAR309840 Inspection Report Photograph Log- North Haven PUD Photo #:05 (DSCN3165) Description: Facing west, photo of southern stormwater pond (Tract G). Photo #:06 (DSCN3166) Description: Facing south, photo of the overflow structures to the southern stormwater pond (Tract G). Photo #:07 (DSCN3167) Description: Facing south, photo of the discharge area from the southern stormwater pond (Tract G). Stormwater discharges from the pond to a dispersion trench to the neighboring property/vegetative area. Photo #:08 (DSCN3168) Description: Facing west, photo of the discharge area from the southern stormwater pond (Tract G). Stormwater discharges from the pond to a dispersion trench, to the neighboring property/vegetative area. Page 18 of 21 CWA NPDES WAR309840 Inspection Report Photograph Log- North Haven PUD Photo #:09 (DSCN3169) Description: Facing north, photo of the discharge conveyance installed by the property owner to the south. Photo #:10 (DSCN3170) Description: Facing south, photo of the receiving vegetative area from the southern discharge conveyance installed by the property owner to the south. Photo #:11 (DSCN3171) Description: Facing north, photo of southern stormwater pond (Tract G). Photo #:12 (DSCN3172) Description: Facing southeast, photo of the dispersion trench and stormwater catchment area west of Tract G. Page 19 of 21 CWA NPDES WAR309840 Inspection Report Photograph Log- North Haven PUD Photo #:13 (DSCN3173) Description: Facing north, photo of the western portion of the vegetative wetland area located in the central portion of the development. Photo #:14 (DSCN3174) Description: Facing north, photo of silt-fencing along the western perimeter of the vegetative wetland area located in the central portion of the development. A section of silt-fence was observed to be down and in need of maintenance. Photo #:15 (DSCN3175) Description: Facing north, photo of approximate sampling location of Outfall 001, west of NW 11th Ave. Photo #:16 (DSCN3176) Description: Facing north, photo of stockpiles within lot #192/193. Page 20 of 21 CWA NPDES WAR309840 Inspection Report Photograph Log- North Haven PUD Photo #:17 (DSCN3177) Description: Facing south, photo of the North Haven signage across the street from NW 11th Ave. Photo #:18 (DSCN3178) Description: Facing north, photo of stockpiles within lot #192/193. Photo #:19 (DSCN3179) Description: Facing west, photo of hydroseeded area(s) in Phase 1a. Page 21 of 21