Document zoVdp6kRLzOKG226zajxpoDrg

REPORT OF CONSTRUCTION STORMWATER COMPLIANCE EVALUATION INSPECTION (CEI) At DeVerger Lake (b) (6) De Soto, MO 63020 NPDES Permit: unpermitted On October 12, 2023 By U. S. ENVIRONMENTAL PROTECTION AGENCY Region 7: Enforcement and Compliance Assurance Division (ECAD) 1.0 INTRODUCTION I performed a Construction Stormwater Compliance Evaluation Inspection (CEI) at Randal DeVerger's property, located at 2772 Stonehouse Road in De Soto, Missouri on October 12, 2023. The inspection was authorized by Section 308(a) of the Federal Water Pollution Control Act, as amended. This narrative report and attachments present the findings and observations made during the Construction Stormwater CEI. This inspection was conducted in accordance with the procedures described herein and following all applicable EPA Region 7 Standard Operating Procedures (SOPs), unless otherwise noted. 2.0 PARTICIPANTS Randal DeVerger, Owner ((b) (6) Email: bdeverger@cdxconsultants.com Fribis Engineering Gene Fribis, P.E., Engineer (636) 280-5509 Email: gfribis@fribisengr.com U.S. Army Corps of Engineers (COE): Jaynie Doerr, Section Chief Samantha Hollenberg, Regulatory Project Manager U.S. Environmental Protection Agency (EPA): Hannah Lewis, Life Scientist (913) 551-7679 Email: lewis.hannah@epa.gov Delia Garcia, Ph.D., Environmental Scientist (913) 551-7262 flow patterns. Stormwater runoff north of the stream flows south into the stream. Stormwater runoff south of the stream flows north into the stream. The stream flows west off site to meet with Dry Creek. 4.2 Regulatory History The MDNR inspected the site on June 23, 2023. As a result of the inspection, a Letter of Warning was sent to Mr. DeVerger stating the site was not in compliance with Missouri Clean Water Law because of unpermitted land disturbance activities (attachment 5). The letter required action to be taken by August 14, 2023, to obtain a Missouri State Operating Permit (MSOP) for land disturbance activities. The MSOP authorizes stormwater discharge from construction and land disturbance activities under the Missouri Clean Water Law and the NPDES program. The MDNR notified Mr. DeVerger of the violations via email on June 27, 2023, prior to the Letter of Warning being sent. Also, Ms. Hollenberg emailed Mr. DeVerger on June 27, 2023, reminding him to obtain a permit through MDNR. At the time of the October 12th EPA inspection, the site was still unpermitted. 5.0 FINDINGS AND OBSERVATIONS On October 12, 2023, I conducted a Construction Stormwater inspection to determine whether the activities at Mr. DeVerger's property were in compliance with Section 402 of the Clean Water Act. The weather conditions at the time of the inspection were sunny and clear (70F). Precipitation had not occurred in the four days prior to the inspection. I met with Mr. DeVerger and Mr. Fribis, performed a visual inspection of the site and reviewed permit requirements. No documentation was provided during the inspection. 5.1 Stormwater Pollution Prevention Plan (SWPPP) According to the MSOP, the permittee must develop and implement a SWPPP prior to land disturbance activities. During the inspection, Mr. DeVerger stated he did not have a SWPPP. After the inspection was complete, Mr. DeVerger called me on October 18th stating he had obtained a MSOP for land disturbance activities. During the conversation, I asked whether a SWPPP had been developed and implemented. He stated he did not have a SWPPP, but Mr. Fribis was working on one. I then asked him to email me a copy of the permit authorization to confirm his statement. As of the date of this report, I have not received any documentation from Mr. DeVerger. 5.2 Visual Observations The 14-acre disturbed area is a valley with a stream flowing down the center (photos 2, 4-6, 19). The stream enters the site from the east and exits at the west boundary (photos 20, 27). At least one spring feeds this stream. Vegetation upstream of the disturbed area is shown in photos 20 and 21 while downstream is shown in photos 26 and 27. Small fish were present in the stream upstream of the disturbed area. Vegetation has been removed from the stream banks as well with only minimal volunteer vegetation remaining (photos 2, 4-6, 19). Tracking from heavy equipment can be seen in the stream in photo 14. Sediment deposits in the stream are shown in photos 4-6, and 19. 3 Some silt fencing sections present north and south of the stream were the only structural control measures on site. However, the silt fencing was not installed or maintained to be effective at filtering stormwater runoff. As shown in photos 7-15, the silt fencing was loose and not trenched in allowing stormwater to flow under the fencing. Also, there were no best management practices (BMPs) in large areas between the silt fencing sections and the stream. All trees had been cleared from the disturbed area except one (photo 1). No stabilization efforts had been made (photos 1-3, 7-17). There was minimal volunteer vegetation present across the site. There were no BMPs along the stream banks (photos 2, 4-6, 14-15, 19). A dam was being constructed at the west end of the site to create the lake. It was about 30% complete (photo 9). The dam did not have any BMPs such as stabilization or erosion controls in place (photos 9, 25). There were erosion rills present on the slopes of the dam (photo 25). Also, a large pile of sediment was located near the stream and did not have any BMPs in place (photos 4,5). 6.0 SUMMARY The 14-acre disturbed area was unstabilized and lacked any effective sediment and erosion control measures. Sediment deposits were present in the stream during the MDNR inspection on June 23, 2023 as well as the EPA inspection described in this report. Mr. DeVerger was notified by MDNR in writing of the requirement to obtain a permit for land disturbance activities on June 27 and July 13 but had not obtained a permit at the time of the EPA inspection. During the exit meeting, a NOPF was provided to Mr. DeVerger with the following findings. Each was explained in detail to Mr. DeVerger. 1. Unpermitted land disturbance of ~14 acres 2. No SWPPP 3. Lack of BMPs 4. Ineffective silt fence 5. Sediment discharge deposits in stream As of the writing of this report, a written response to the NOPF has not been received. According to MDNR's permit database, a MSOP permit (MO-RA25287) was obtained online for the site on October 16, 2023. HANNAH Digitally signed by HANNAH LEWIS Date: 2023.11.29 L__E_W__IS________1_3:2_3_:32_-06'00' Hannah Lewis Life Scientist JODI Digitally signed by JODI BRUNO Date: 2023.11.29 _B_R_U__N_O_______1_3:_38_:1_8 -_06'00' Jodi Bruno Branch Manager ATTACHMENTS: 1. NPDES Stormwater Worksheet (5 pages) 2. Digital Image Log and Images #1 - #27 (30 pages) 3. Stormwater Runoff and Photo Locations Maps (2 pages) 4 4. NOPF (1 page) 5. MDNR LOW (5 pages) 6. MDNR NPDES Permit (30 pages) 7. CBI (page 1) 5